HB5331sam001 98TH GENERAL ASSEMBLY

Sen. Antonio Muņoz

Filed: 5/14/2014

09800HB5331sam001 LRB098 17462 MLW 59519 a

AMENDMENT TO HOUSE BILL 5331

AMENDMENT NO. ______. Amend House Bill 5331 by replacing everything after the enacting clause with the following:

"Section 5. If and only if the provisions of House Bill 4075 of the 98th General Assembly that are changed by this amendatory Act of the 98th General Assembly become law, then the Illinois Vehicle Code is amended by changing Section 3-412 as follows:

(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)

Sec. 3-412. Registration plates and registration stickers to be furnished by the Secretary of State.

(a) The Secretary of State upon registering a vehicle subject to annual registration for the first time shall issue or shall cause to be issued to the owner one registration plate for a motorcycle, trailer, semitrailer, moped or truck-tractor, 2 registration plates for other motor vehicles and, where applicable, current registration stickers for motor vehicles of the first division. The provisions of this Section may be made applicable to such vehicles of the second division, as the Secretary of State may, from time to time, in his discretion designate. On subsequent annual registrations during the term of the registration plate as provided in Section 3-414.1, the Secretary shall issue or cause to be issued registration stickers as evidence of current registration. However, the issuance of annual registration stickers to vehicles registered under the provisions of Sections 3-402.1 and 3-405.3 of this Code may not be required if the Secretary deems the issuance unnecessary.

(b) Every registration plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, the name of this State, which may be abbreviated, the year number for which it was issued, which may be abbreviated, the phrase "Land of Lincoln" (except as otherwise provided in this Code), and such other letters or numbers as the Secretary may prescribe. However, for apportionment plates issued to vehicles registered under Section 3-402.1 and fleet plates issued to vehicles registered under Section 3-405.3, the phrase "Land of Lincoln" may be omitted to allow for the word "apportioned", the word "fleet", or other similar language to be displayed. Registration plates issued to a vehicle registered as a fleet vehicle may display a designation determined by the Secretary.

The Secretary may in his discretion prescribe that letters be used as prefixes only on registration plates issued to vehicles of the first division which are registered under this Code and only as suffixes on registration plates issued to other vehicles. Every registration sticker issued as evidence of current registration shall designate the year number for which it is issued and such other letters or numbers as the Secretary may prescribe and shall be of a contrasting color with the registration plates and registration stickers of the previous year.

(c) Each registration plate and the required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight, and shall be coated with reflectorizing material. The dimensions of the plate issued to vehicles of the first division shall be 6 by 12 inches.

(d) The Secretary of State shall issue for every passenger motor vehicle rented without a driver the same type of registration plates as the type of plates issued for a private passenger vehicle.

(e) The Secretary of State shall issue for every passenger car used as a taxicab, livery, or in a commercial ridesharing arrangement in which the driver participates in commercial ridesharing arrangements for more than 36 hours in any 2 week (consecutive 14 day) period as set forth in paragraph (1) of subsection (a) of Section 7 of the Ridesharing Arrangements and Consumer Protection Act 18 hours per week, distinctive registration plates.

(f) The Secretary of State shall issue for every motorcycle distinctive registration plates distinguishing between motorcycles having 150 or more cubic centimeters piston displacement, or having less than 150 cubic centimeter piston displacement.

(g) Registration plates issued to vehicles for-hire may display a designation as determined by the Secretary that such vehicles are for-hire, including, but not limited to, vehicles used as taxicabs, liveries, or in commercial ridesharing arrangements for more than 36 hours in any 2 week (consecutive 14 day) period as set forth in paragraph (1) of subsection (a) of Section 7 of the Ridesharing Arrangements and Consumer Protection Act 18 hours per week.

(h) (Blank).

(i) The Secretary of State shall issue for every public and private ambulance registration plates identifying the vehicle as an ambulance. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed with the Department by ambulance owners for payment for services to public assistance recipients.

(j) The Secretary of State shall issue for every public and private medical carrier or rescue vehicle livery registration plates displaying numbers within ranges of numbers reserved respectively for medical carriers and rescue vehicles. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed with the Department by owners of medical carriers or rescue vehicles for payment for services to public assistance recipients.

(k) The Secretary of State shall issue distinctive license plates or distinctive license plate stickers for every vehicle exempted from subsections (a) and (a-5) of Section 12-503 by subsection (g) of that Section, and by subsection (g-5) of that Section before its deletion by this amendatory Act of the 95th General Assembly. The Secretary shall issue these plates or stickers immediately upon receiving the physician's certification required under subsection (g) of Section 12-503. New plates or stickers shall also be issued when the certification is renewed as provided in that subsection.

(l) The Secretary of State shall issue distinctive registration plates for low-speed vehicles.

(Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07; 96-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff. 10-30-09; 96-1000, eff. 7-2-10; 98HB4075 enrolled.)

Section 10. If and only if the provisions of House Bill 4075 of the 98th General Assembly that are changed by this amendatory Act of the 98th General Assembly become law, then the Ridesharing Arrangements and Consumer Protection Act is amended by changing Sections 5 and 7 as follows:

(625 ILCS 30/5) (from Ch. 95 1/2, par. 905)

Sec. 5. (a) No unit of local government, whether or not it is a home rule unit, may:

(1) license or regulate ridesharing arrangements;

(2) impose any tax or fee upon the owner or operator of a motor vehicle because of its use in a ridesharing arrangement;

(3) prohibit or regulate the charging of fees for ridesharing arrangements in accordance with Section 6 of this Act.

This Act, as it applies to ridesharing arrangements, is declared to be a denial and limitation of the powers of home rule units pursuant to paragraph (g) of Section 6 of Article VII of the Illinois Constitution.

(b) A Other than with respect to paragraph (1) of subsection (a) of Section 7 of this Act and subparagraph (D) of paragraph (1) of subsection (b) of Section 7 of this Act, a unit of local government, whether or not it is a home rule unit, may not license or regulate commercial ridesharing arrangements, dispatchers, or drivers participating in commercial ridesharing arrangements in a manner that is less restrictive than the regulation by the State under this Act. This subsection (b) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(c) With respect to subparagraph (D) of paragraph (1) of subsection (b) of Section 7 of this Act, if a unit of local government, whether or not it is a home rule unit, regulates the fare of any vehicle, including a taxicab, used in commercial ridesharing arrangements, that regulation shall apply equally to all vehicles used in commercial ridesharing arrangements. A unit of local government, whether or not it is a home rule unit, may not license or regulate commercial ridesharing arrangements, dispatchers, or drivers participating in commercial ridesharing arrangements in a manner that is inconsistent with paragraph (1) of subsection (a) of Section 7 of this Act or that is inconsistent with subparagraph (D) of paragraph (1) of subsection (b) of Section 7 of this Act. This subsection (c) is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 83-1091; 98HB4075 enrolled.)

(625 ILCS 30/7)

Sec. 7. (a) Commercial ridesharing arrangements are subject to the following license and registration requirements:

(1) No person shall participate as a driver in commercial ridesharing arrangements for more than 36 hours in any 2 week (consecutive 14 day) period 18 hours per week without first securing (i) a chauffeur's license issued by the unit of local government where the vehicle used in the commercial ridesharing arrangement is registered; provided, however, that if the person has applied for a chauffeur's license from the unit of local government where the vehicle used in commercial ridesharing arrangements is registered, then the person shall be allowed to participate as a driver in a commercial ridesharing arrangement for up to 4 weeks from the date the person first applied for the chauffeur's license while the application for the chauffeur's license is pending with the unit of local government; or (ii) if the unit of local government in which the vehicle used in a commercial ridesharing arrangement is registered does not issue chauffeur's licenses, then a chauffeur's license issued by a unit of local government in which the driver provides commercial ridesharing arrangements. If no unit of local government in which the vehicle used in a commercial ridesharing arrangement is registered or operated issues chauffeur's licenses or if the driver of the commercial ridesharing arrangement does not participate in commercial ridesharing arrangements for more than 36 hours in any 2 week (consecutive 14 day) period 18 hours per week, then the driver is not required to obtain a chauffeur's license; provided, however, that the dispatcher shall conduct a background check of a prospective driver prior to dispatching commercial ridesharing arrangements to that driver and shall certify in the reports required by subsection (h) of this Section 7 that the driver is participating in a commercial ridesharing arrangement for 18 or fewer than 36 hours in any 2 week (consecutive 14 day) period per week.

(2) No person shall perform dispatches without first securing a commercial ridesharing dispatcher's license from the Department of Financial and Professional Regulation. An applicant for a commercial ridesharing dispatcher's license must submit evidence of the insurance required by item (B) of paragraph (1) of subsection (b) of this Section. This license must be renewed annually. The fee for this license shall be set by the Department of Financial and Professional Regulation. The Department of Financial and Professional Regulation shall adopt rules to implement this paragraph.

(3) No commercial ridesharing arrangement shall be conducted in a vehicle that does not have distinctive registration plates issued in accordance with the requirements of Section 3-412 of the Illinois Vehicle Code if the driver or the vehicle participates in commercial ridesharing arrangements for more than 36 hours in any 2 week (consecutive 14 day) period 18 hours per week.

(b)(1) All commercial ridesharing arrangements shall be conducted under the following standards:

(A) A vehicle used for commercial ridesharing arrangements for more than 36 hours in any 2 week (14 consecutive day) period as set forth in paragraph (1) of subsection (a) of this Section 18 hours per week must conform to the age requirements for vehicles used for transporting passengers for hire adopted by the unit of local government in which the vehicle is registered. Any vehicle used for commercial ridesharing arrangements for more than 36 hours in any 2 week (14 consecutive day) period as set forth in paragraph (1) of subsection (a) of this Section 18 hours per week must pass any safety inspections required by the unit of local government that issued the driver's chauffeur's license for vehicles used in transporting passengers for-hire. If the unit of local government that issued the driver's chauffeur's license does not require safety inspections for vehicles used in transporting passengers for-hire, or if the driver is not required to have a chauffeur's license under paragraph (1) of subsection (a) of this Section, then the vehicle must pass an annual safety inspection that the dispatcher certifies as meeting the requirements of Section 13-101 of the Illinois Vehicle Code.

(B) Dispatchers must carry commercial liability insurance in the amount of $350,000 combined single limit per accident accordance with Section 12-707.01 of the Illinois Vehicle Code with primary coverage for the dispatcher, the driver, and the vehicle used in the commercial ridesharing arrangement during the time period when the driver makes himself, herself, or the vehicle available for dispatch or while a commercial ridesharing arrangement passenger is in the vehicle. Any terms or conditions in the agreement between the dispatcher and driver, or between the dispatcher and passenger, that would act as a waiver of the dispatcher's liability to the driver, the passenger, or to the public, or as an indemnification from the driver or passenger to the dispatcher, are null, void, and unenforceable.

(C) Commercial ridesharing arrangements shall be arranged solely through a dispatcher. No person shall solicit or accept potential passengers' requests for service in a commercial ridesharing arrangement via street hail, hand gestures, or verbal statements. No commercial ridesharing arrangement shall pick up or discharge a passenger at any place prohibited by the unit of local government in which the commercial ridesharing arrangement is conducted, or at any designated taxicab stands, queues, or loading zones.

(D) Any vehicle, including a taxicab, used in commercial ridesharing arrangements shall have its fare established by a dispatcher who has provided notice of the amount of the fare to a prospective passenger prior to obtaining the prospective passenger's agreement for the fare.

(E) If a unit of local government has requirements for licensed chauffeurs to provide service in under-served areas, drivers participating in commercial ridesharing arrangements within that unit of local government shall be subject to the same requirements for providing service in under-served areas.

(F) If a unit of local government has requirements for licensed chauffeurs to provide wheelchair accessible vehicles, drivers participating in commercial ridesharing arrangements within that unit of local government's jurisdiction shall be subject to the same requirements for providing wheelchair accessible vehicles.

(2) No person shall perform dispatches except as follows:

(A) Dispatches shall be made only to drivers licensed in accordance with subsection (a) of this Section.

(B) If distinctive registration plates are required by paragraph (3) of subsection (a) of this Section, then a dispatcher shall ensure that the vehicle has the distinctive registration plates prior to dispatching to that vehicle.

(c) Any person, other than a passenger, who participates in a commercial ridesharing arrangement in violation of this Section is guilty of a violation of this Section and shall be subject to the penalties adopted by the Department of Financial and Professional Regulation by administrative rule, including, but not limited to, fines, probation, revocation of licenses, and vehicle impoundment.

(d) Any person whose property or person is injured or in danger of injury due to an actual or imminent violation of this Section may file suit in the circuit court having jurisdiction to recover any remedy permitted by law, including damages and injunctive relief.

(e) A dispatcher shall assume liability, including the costs of defense and indemnification, for a claim in which a dispute exists as to whether the loss or injury giving rise to the claim occurred while a vehicle involved in the incident giving rise to the claim was made available for dispatch or while a commercial ridesharing arrangement passenger is in the vehicle. If it is determined that the claim did not occur when the vehicle involved in the incident giving rise to the claim was either made available for dispatch or while a commercial ridesharing arrangement passenger was in the vehicle, then the vehicle's registered owner's primary automobile liability insurer shall indemnify the dispatcher or its insurer to the extent of the insurer's obligation under the registered owner's primary automobile liability insurance policy, to the extent that payments have been made. The dispatcher must notify the registered owner of the vehicle and the registered owner's insurer of the dispute within 25 business days of receiving notice of the accident that gives rise to the claim. If a private passenger motor vehicle's registered owner or its insurer is named as a defendant in a civil action for any loss or injury that occurs during the time the vehicle is made available for dispatch, the dispatcher shall have the duty to defend and indemnify the vehicle's registered owner and its insurers.

(f) The Notwithstanding any provision in the vehicle owner's insurance policy or any other provision of this Act, the insurer providing coverage to the owner of a private passenger motor vehicle may exclude any and all coverage and the duty to defend afforded under the owner's insurance policy for any loss or injury that occurs while the vehicle is made available for dispatch or while a commercial ridesharing arrangement passenger is in the vehicle. This right to exclude coverage and the duty to indemnify and defend applies to all coverage provided by the registered owner's insurer including, but not limited to:

(1) liability and physical damage coverage;

(2) personal injury protection coverage;

(3) uninsured and underinsured motorist coverage;

(4) medical payment coverage for persons using or occupying the registered vehicle;

(5) comprehensive physical damage coverage; and

(6) collision physical damage coverage.

(g) A dispatcher must, prior to the first use of a vehicle in a commercial ridesharing arrangement, and upon renewal, cancellation, or change in insurance by the dispatcher, provide the vehicle's registered owner and any driver of the vehicle with a disclosure that contains:

(1) information explaining the insurance requirements of this Section;

(2) information explaining the coverage and coverage limits provided under the dispatcher's insurance policy;

(3) notice that the dispatcher assumes all liability for any loss or injury that occurs while the vehicle is made available for dispatch or while a commercial ridesharing arrangement passenger is in the vehicle; and

(4) notice that the dispatcher provides insurance on the vehicle while the vehicle is made available for dispatch or while a commercial ridesharing arrangement passenger is in the vehicle that is comparable to a standard owner's insurance policy and that the vehicle's registered owner's insurance policy may exclude all coverage and the duty to defend or indemnify any person or organization for liability for any loss or injury that occurs while the vehicle is made available for dispatch or while a commercial ridesharing arrangement passenger is in the vehicle.

(h) For each vehicle used in a commercial ridesharing arrangement a dispatcher must collect, maintain, and make available to the vehicle's registered owner, the vehicle's registered owner's primary automobile liability insurer, and any government agency as required by law, at the cost of the dispatcher, the following:

(1) records that identify the date and duration the driver makes himself, herself, or the vehicle available for dispatch. For vehicles with an electronic tracking device, electronic records of the time, initial and final locations of the vehicle, and miles driven when the vehicle is under the control of a person other than the vehicle's registered owner under a commercial ridesharing arrangement; and

(2) in instances where an insurance claim has been filed, any and all information, including payments to the registered owner by the dispatcher, concerning accidents, damages, or injuries.

(i) The Department of Financial and Professional Regulation shall adopt rules to implement this Section.

(Source: 98HB4075 enrolled.)

Section 99. Effective date. This Act takes effect upon becoming law.".