Illinois General Assembly - Full Text of HB5331
Illinois General Assembly

Previous General Assemblies

Full Text of HB5331  98th General Assembly

HB5331sam001 98TH GENERAL ASSEMBLY

Sen. Antonio Muñoz

Filed: 5/14/2014

 

 


 

 


 
09800HB5331sam001LRB098 17462 MLW 59519 a

1
AMENDMENT TO HOUSE BILL 5331

2    AMENDMENT NO. ______. Amend House Bill 5331 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. If and only if the provisions of House Bill
54075 of the 98th General Assembly that are changed by this
6amendatory Act of the 98th General Assembly become law, then
7the Illinois Vehicle Code is amended by changing Section 3-412
8as follows:
 
9    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
10    Sec. 3-412. Registration plates and registration stickers
11to be furnished by the Secretary of State.
12    (a) The Secretary of State upon registering a vehicle
13subject to annual registration for the first time shall issue
14or shall cause to be issued to the owner one registration plate
15for a motorcycle, trailer, semitrailer, moped or
16truck-tractor, 2 registration plates for other motor vehicles

 

 

09800HB5331sam001- 2 -LRB098 17462 MLW 59519 a

1and, where applicable, current registration stickers for motor
2vehicles of the first division. The provisions of this Section
3may be made applicable to such vehicles of the second division,
4as the Secretary of State may, from time to time, in his
5discretion designate. On subsequent annual registrations
6during the term of the registration plate as provided in
7Section 3-414.1, the Secretary shall issue or cause to be
8issued registration stickers as evidence of current
9registration. However, the issuance of annual registration
10stickers to vehicles registered under the provisions of
11Sections 3-402.1 and 3-405.3 of this Code may not be required
12if the Secretary deems the issuance unnecessary.
13    (b) Every registration plate shall have displayed upon it
14the registration number assigned to the vehicle for which it is
15issued, the name of this State, which may be abbreviated, the
16year number for which it was issued, which may be abbreviated,
17the phrase "Land of Lincoln" (except as otherwise provided in
18this Code), and such other letters or numbers as the Secretary
19may prescribe. However, for apportionment plates issued to
20vehicles registered under Section 3-402.1 and fleet plates
21issued to vehicles registered under Section 3-405.3, the phrase
22"Land of Lincoln" may be omitted to allow for the word
23"apportioned", the word "fleet", or other similar language to
24be displayed. Registration plates issued to a vehicle
25registered as a fleet vehicle may display a designation
26determined by the Secretary.

 

 

09800HB5331sam001- 3 -LRB098 17462 MLW 59519 a

1    The Secretary may in his discretion prescribe that letters
2be used as prefixes only on registration plates issued to
3vehicles of the first division which are registered under this
4Code and only as suffixes on registration plates issued to
5other vehicles. Every registration sticker issued as evidence
6of current registration shall designate the year number for
7which it is issued and such other letters or numbers as the
8Secretary may prescribe and shall be of a contrasting color
9with the registration plates and registration stickers of the
10previous year.
11    (c) Each registration plate and the required letters and
12numerals thereon, except the year number for which issued,
13shall be of sufficient size to be plainly readable from a
14distance of 100 feet during daylight, and shall be coated with
15reflectorizing material. The dimensions of the plate issued to
16vehicles of the first division shall be 6 by 12 inches.
17    (d) The Secretary of State shall issue for every passenger
18motor vehicle rented without a driver the same type of
19registration plates as the type of plates issued for a private
20passenger vehicle.
21    (e) The Secretary of State shall issue for every passenger
22car used as a taxicab, livery, or in a commercial ridesharing
23arrangement in which the driver participates in commercial
24ridesharing arrangements for more than 36 hours in any 2 week
25(consecutive 14 day) period as set forth in paragraph (1) of
26subsection (a) of Section 7 of the Ridesharing Arrangements and

 

 

09800HB5331sam001- 4 -LRB098 17462 MLW 59519 a

1Consumer Protection Act 18 hours per week, distinctive
2registration plates.
3    (f) The Secretary of State shall issue for every motorcycle
4distinctive registration plates distinguishing between
5motorcycles having 150 or more cubic centimeters piston
6displacement, or having less than 150 cubic centimeter piston
7displacement.
8    (g) Registration plates issued to vehicles for-hire may
9display a designation as determined by the Secretary that such
10vehicles are for-hire, including, but not limited to, vehicles
11used as taxicabs, liveries, or in commercial ridesharing
12arrangements for more than 36 hours in any 2 week (consecutive
1314 day) period as set forth in paragraph (1) of subsection (a)
14of Section 7 of the Ridesharing Arrangements and Consumer
15Protection Act 18 hours per week.
16    (h) (Blank).
17    (i) The Secretary of State shall issue for every public and
18private ambulance registration plates identifying the vehicle
19as an ambulance. The Secretary shall forward to the Department
20of Healthcare and Family Services registration information for
21the purpose of verification of claims filed with the Department
22by ambulance owners for payment for services to public
23assistance recipients.
24    (j) The Secretary of State shall issue for every public and
25private medical carrier or rescue vehicle livery registration
26plates displaying numbers within ranges of numbers reserved

 

 

09800HB5331sam001- 5 -LRB098 17462 MLW 59519 a

1respectively for medical carriers and rescue vehicles. The
2Secretary shall forward to the Department of Healthcare and
3Family Services registration information for the purpose of
4verification of claims filed with the Department by owners of
5medical carriers or rescue vehicles for payment for services to
6public assistance recipients.
7    (k) The Secretary of State shall issue distinctive license
8plates or distinctive license plate stickers for every vehicle
9exempted from subsections (a) and (a-5) of Section 12-503 by
10subsection (g) of that Section, and by subsection (g-5) of that
11Section before its deletion by this amendatory Act of the 95th
12General Assembly. The Secretary shall issue these plates or
13stickers immediately upon receiving the physician's
14certification required under subsection (g) of Section 12-503.
15New plates or stickers shall also be issued when the
16certification is renewed as provided in that subsection.
17    (l) The Secretary of State shall issue distinctive
18registration plates for low-speed vehicles.
19(Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07;
2096-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff.
2110-30-09; 96-1000, eff. 7-2-10; 98HB4075 enrolled.)
 
22    Section 10. If and only if the provisions of House Bill
234075 of the 98th General Assembly that are changed by this
24amendatory Act of the 98th General Assembly become law, then
25the Ridesharing Arrangements and Consumer Protection Act is

 

 

09800HB5331sam001- 6 -LRB098 17462 MLW 59519 a

1amended by changing Sections 5 and 7 as follows:
 
2    (625 ILCS 30/5)  (from Ch. 95 1/2, par. 905)
3    Sec. 5. (a) No unit of local government, whether or not it
4is a home rule unit, may:
5    (1) license or regulate ridesharing arrangements;
6    (2) impose any tax or fee upon the owner or operator of a
7motor vehicle because of its use in a ridesharing arrangement;
8    (3) prohibit or regulate the charging of fees for
9ridesharing arrangements in accordance with Section 6 of this
10Act.
11    This Act, as it applies to ridesharing arrangements, is
12declared to be a denial and limitation of the powers of home
13rule units pursuant to paragraph (g) of Section 6 of Article
14VII of the Illinois Constitution.
15    (b) A Other than with respect to paragraph (1) of
16subsection (a) of Section 7 of this Act and subparagraph (D) of
17paragraph (1) of subsection (b) of Section 7 of this Act, a
18unit of local government, whether or not it is a home rule
19unit, may not license or regulate commercial ridesharing
20arrangements, dispatchers, or drivers participating in
21commercial ridesharing arrangements in a manner that is less
22restrictive than the regulation by the State under this Act.
23This subsection (b) is a limitation under subsection (i) of
24Section 6 of Article VII of the Illinois Constitution on the
25concurrent exercise by home rule units of powers and functions

 

 

09800HB5331sam001- 7 -LRB098 17462 MLW 59519 a

1exercised by the State.
2    (c) With respect to subparagraph (D) of paragraph (1) of
3subsection (b) of Section 7 of this Act, if a unit of local
4government, whether or not it is a home rule unit, regulates
5the fare of any vehicle, including a taxicab, used in
6commercial ridesharing arrangements, that regulation shall
7apply equally to all vehicles used in commercial ridesharing
8arrangements. A unit of local government, whether or not it is
9a home rule unit, may not license or regulate commercial
10ridesharing arrangements, dispatchers, or drivers
11participating in commercial ridesharing arrangements in a
12manner that is inconsistent with paragraph (1) of subsection
13(a) of Section 7 of this Act or that is inconsistent with
14subparagraph (D) of paragraph (1) of subsection (b) of Section
157 of this Act. This subsection (c) is a limitation under
16subsection (i) of Section 6 of Article VII of the Illinois
17Constitution on the concurrent exercise by home rule units of
18powers and functions exercised by the State.
19(Source: P.A. 83-1091; 98HB4075 enrolled.)
 
20    (625 ILCS 30/7)
21    Sec. 7. (a) Commercial ridesharing arrangements are
22subject to the following license and registration
23requirements:
24        (1) No person shall participate as a driver in
25    commercial ridesharing arrangements for more than 36 hours

 

 

09800HB5331sam001- 8 -LRB098 17462 MLW 59519 a

1    in any 2 week (consecutive 14 day) period 18 hours per week
2    without first securing (i) a chauffeur's license issued by
3    the unit of local government where the vehicle used in the
4    commercial ridesharing arrangement is registered;
5    provided, however, that if the person has applied for a
6    chauffeur's license from the unit of local government where
7    the vehicle used in commercial ridesharing arrangements is
8    registered, then the person shall be allowed to participate
9    as a driver in a commercial ridesharing arrangement for up
10    to 4 weeks from the date the person first applied for the
11    chauffeur's license while the application for the
12    chauffeur's license is pending with the unit of local
13    government; or (ii) if the unit of local government in
14    which the vehicle used in a commercial ridesharing
15    arrangement is registered does not issue chauffeur's
16    licenses, then a chauffeur's license issued by a unit of
17    local government in which the driver provides commercial
18    ridesharing arrangements. If no unit of local government in
19    which the vehicle used in a commercial ridesharing
20    arrangement is registered or operated issues chauffeur's
21    licenses or if the driver of the commercial ridesharing
22    arrangement does not participate in commercial ridesharing
23    arrangements for more than 36 hours in any 2 week
24    (consecutive 14 day) period 18 hours per week, then the
25    driver is not required to obtain a chauffeur's license;
26    provided, however, that the dispatcher shall conduct a

 

 

09800HB5331sam001- 9 -LRB098 17462 MLW 59519 a

1    background check of a prospective driver prior to
2    dispatching commercial ridesharing arrangements to that
3    driver and shall certify in the reports required by
4    subsection (h) of this Section 7 that the driver is
5    participating in a commercial ridesharing arrangement for
6    18 or fewer than 36 hours in any 2 week (consecutive 14
7    day) period per week.
8        (2) No person shall perform dispatches without first
9    securing a commercial ridesharing dispatcher's license
10    from the Department of Financial and Professional
11    Regulation. An applicant for a commercial ridesharing
12    dispatcher's license must submit evidence of the insurance
13    required by item (B) of paragraph (1) of subsection (b) of
14    this Section. This license must be renewed annually. The
15    fee for this license shall be set by the Department of
16    Financial and Professional Regulation. The Department of
17    Financial and Professional Regulation shall adopt rules to
18    implement this paragraph.
19        (3) No commercial ridesharing arrangement shall be
20    conducted in a vehicle that does not have distinctive
21    registration plates issued in accordance with the
22    requirements of Section 3-412 of the Illinois Vehicle Code
23    if the driver or the vehicle participates in commercial
24    ridesharing arrangements for more than 36 hours in any 2
25    week (consecutive 14 day) period 18 hours per week.
26    (b)(1) All commercial ridesharing arrangements shall be

 

 

09800HB5331sam001- 10 -LRB098 17462 MLW 59519 a

1conducted under the following standards:
2            (A) A vehicle used for commercial ridesharing
3        arrangements for more than 36 hours in any 2 week (14
4        consecutive day) period as set forth in paragraph (1)
5        of subsection (a) of this Section 18 hours per week
6        must conform to the age requirements for vehicles used
7        for transporting passengers for hire adopted by the
8        unit of local government in which the vehicle is
9        registered. Any vehicle used for commercial
10        ridesharing arrangements for more than 36 hours in any
11        2 week (14 consecutive day) period as set forth in
12        paragraph (1) of subsection (a) of this Section 18
13        hours per week must pass any safety inspections
14        required by the unit of local government that issued
15        the driver's chauffeur's license for vehicles used in
16        transporting passengers for-hire. If the unit of local
17        government that issued the driver's chauffeur's
18        license does not require safety inspections for
19        vehicles used in transporting passengers for-hire, or
20        if the driver is not required to have a chauffeur's
21        license under paragraph (1) of subsection (a) of this
22        Section, then the vehicle must pass an annual safety
23        inspection that the dispatcher certifies as meeting
24        the requirements of Section 13-101 of the Illinois
25        Vehicle Code.
26            (B) Dispatchers must carry commercial liability

 

 

09800HB5331sam001- 11 -LRB098 17462 MLW 59519 a

1        insurance in the amount of $350,000 combined single
2        limit per accident accordance with Section 12-707.01
3        of the Illinois Vehicle Code with primary coverage for
4        the dispatcher, the driver, and the vehicle used in the
5        commercial ridesharing arrangement during the time
6        period when the driver makes himself, herself, or the
7        vehicle available for dispatch or while a commercial
8        ridesharing arrangement passenger is in the vehicle.
9        Any terms or conditions in the agreement between the
10        dispatcher and driver, or between the dispatcher and
11        passenger, that would act as a waiver of the
12        dispatcher's liability to the driver, the passenger,
13        or to the public, or as an indemnification from the
14        driver or passenger to the dispatcher, are null, void,
15        and unenforceable.
16            (C) Commercial ridesharing arrangements shall be
17        arranged solely through a dispatcher. No person shall
18        solicit or accept potential passengers' requests for
19        service in a commercial ridesharing arrangement via
20        street hail, hand gestures, or verbal statements. No
21        commercial ridesharing arrangement shall pick up or
22        discharge a passenger at any place prohibited by the
23        unit of local government in which the commercial
24        ridesharing arrangement is conducted, or at any
25        designated taxicab stands, queues, or loading zones.
26            (D) Any vehicle, including a taxicab, used in

 

 

09800HB5331sam001- 12 -LRB098 17462 MLW 59519 a

1        commercial ridesharing arrangements shall have its
2        fare established by a dispatcher who has provided
3        notice of the amount of the fare to a prospective
4        passenger prior to obtaining the prospective
5        passenger's agreement for the fare.
6            (E) If a unit of local government has requirements
7        for licensed chauffeurs to provide service in
8        under-served areas, drivers participating in
9        commercial ridesharing arrangements within that unit
10        of local government shall be subject to the same
11        requirements for providing service in under-served
12        areas.
13            (F) If a unit of local government has requirements
14        for licensed chauffeurs to provide wheelchair
15        accessible vehicles, drivers participating in
16        commercial ridesharing arrangements within that unit
17        of local government's jurisdiction shall be subject to
18        the same requirements for providing wheelchair
19        accessible vehicles.
20        (2) No person shall perform dispatches except as
21    follows:
22            (A) Dispatches shall be made only to drivers
23        licensed in accordance with subsection (a) of this
24        Section.
25            (B) If distinctive registration plates are
26        required by paragraph (3) of subsection (a) of this

 

 

09800HB5331sam001- 13 -LRB098 17462 MLW 59519 a

1        Section, then a dispatcher shall ensure that the
2        vehicle has the distinctive registration plates prior
3        to dispatching to that vehicle.
4    (c) Any person, other than a passenger, who participates in
5a commercial ridesharing arrangement in violation of this
6Section is guilty of a violation of this Section and shall be
7subject to the penalties adopted by the Department of Financial
8and Professional Regulation by administrative rule, including,
9but not limited to, fines, probation, revocation of licenses,
10and vehicle impoundment.
11    (d) Any person whose property or person is injured or in
12danger of injury due to an actual or imminent violation of this
13Section may file suit in the circuit court having jurisdiction
14to recover any remedy permitted by law, including damages and
15injunctive relief.
16    (e) A dispatcher shall assume liability, including the
17costs of defense and indemnification, for a claim in which a
18dispute exists as to whether the loss or injury giving rise to
19the claim occurred while a vehicle involved in the incident
20giving rise to the claim was made available for dispatch or
21while a commercial ridesharing arrangement passenger is in the
22vehicle. If it is determined that the claim did not occur when
23the vehicle involved in the incident giving rise to the claim
24was either made available for dispatch or while a commercial
25ridesharing arrangement passenger was in the vehicle, then the
26vehicle's registered owner's primary automobile liability

 

 

09800HB5331sam001- 14 -LRB098 17462 MLW 59519 a

1insurer shall indemnify the dispatcher or its insurer to the
2extent of the insurer's obligation under the registered owner's
3primary automobile liability insurance policy, to the extent
4that payments have been made. The dispatcher must notify the
5registered owner of the vehicle and the registered owner's
6insurer of the dispute within 25 business days of receiving
7notice of the accident that gives rise to the claim. If a
8private passenger motor vehicle's registered owner or its
9insurer is named as a defendant in a civil action for any loss
10or injury that occurs during the time the vehicle is made
11available for dispatch, the dispatcher shall have the duty to
12defend and indemnify the vehicle's registered owner and its
13insurers.
14    (f) The Notwithstanding any provision in the vehicle
15owner's insurance policy or any other provision of this Act,
16the insurer providing coverage to the owner of a private
17passenger motor vehicle may exclude any and all coverage and
18the duty to defend afforded under the owner's insurance policy
19for any loss or injury that occurs while the vehicle is made
20available for dispatch or while a commercial ridesharing
21arrangement passenger is in the vehicle. This right to exclude
22coverage and the duty to indemnify and defend applies to all
23coverage provided by the registered owner's insurer including,
24but not limited to:
25        (1) liability and physical damage coverage;
26        (2) personal injury protection coverage;

 

 

09800HB5331sam001- 15 -LRB098 17462 MLW 59519 a

1        (3) uninsured and underinsured motorist coverage;
2        (4) medical payment coverage for persons using or
3    occupying the registered vehicle;
4        (5) comprehensive physical damage coverage; and
5        (6) collision physical damage coverage.
6    (g) A dispatcher must, prior to the first use of a vehicle
7in a commercial ridesharing arrangement, and upon renewal,
8cancellation, or change in insurance by the dispatcher, provide
9the vehicle's registered owner and any driver of the vehicle
10with a disclosure that contains:
11        (1) information explaining the insurance requirements
12    of this Section;
13        (2) information explaining the coverage and coverage
14    limits provided under the dispatcher's insurance policy;
15        (3) notice that the dispatcher assumes all liability
16    for any loss or injury that occurs while the vehicle is
17    made available for dispatch or while a commercial
18    ridesharing arrangement passenger is in the vehicle; and
19        (4) notice that the dispatcher provides insurance on
20    the vehicle while the vehicle is made available for
21    dispatch or while a commercial ridesharing arrangement
22    passenger is in the vehicle that is comparable to a
23    standard owner's insurance policy and that the vehicle's
24    registered owner's insurance policy may exclude all
25    coverage and the duty to defend or indemnify any person or
26    organization for liability for any loss or injury that

 

 

09800HB5331sam001- 16 -LRB098 17462 MLW 59519 a

1    occurs while the vehicle is made available for dispatch or
2    while a commercial ridesharing arrangement passenger is in
3    the vehicle.
4    (h) For each vehicle used in a commercial ridesharing
5arrangement a dispatcher must collect, maintain, and make
6available to the vehicle's registered owner, the vehicle's
7registered owner's primary automobile liability insurer, and
8any government agency as required by law, at the cost of the
9dispatcher, the following:
10        (1) records that identify the date and duration the
11    driver makes himself, herself, or the vehicle available for
12    dispatch. For vehicles with an electronic tracking device,
13    electronic records of the time, initial and final locations
14    of the vehicle, and miles driven when the vehicle is under
15    the control of a person other than the vehicle's registered
16    owner under a commercial ridesharing arrangement; and
17        (2) in instances where an insurance claim has been
18    filed, any and all information, including payments to the
19    registered owner by the dispatcher, concerning accidents,
20    damages, or injuries.
21    (i) The Department of Financial and Professional
22Regulation shall adopt rules to implement this Section.
23(Source: 98HB4075 enrolled.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.".