SB0055sam001 101ST GENERAL ASSEMBLY

Sen. Michael E. Hastings

Filed: 3/13/2019

10100SB0055sam001 LRB101 06787 TAE 56128 a

AMENDMENT TO SENATE BILL 55

AMENDMENT NO. ______. Amend Senate Bill 55 by replacing everything after the enacting clause with the following:

"Section 5. The Transportation Network Providers Act is amended by changing Section 15 as follows:

(625 ILCS 57/15)

(Section scheduled to be repealed on June 1, 2020)

Sec. 15. Driver requirements.

(a) Prior to permitting an individual to act as a TNC driver on its digital platform, the TNC shall:

(1) require the individual to submit an application to the TNC or a third party on behalf of the TNC, which includes information regarding his or her full legal name, social security number, address, age, valid date of birth, driver's license, driving history, motor vehicle registration, automobile liability insurance, fingerprints, and other information required by the TNC;

(2) require each individual to submit his or her fingerprints to the Department of State Police in an electronic format that complies with the form and manner for requesting and furnishing criminal history record information as prescribed by the Department of State Police and provide the TNC with a copy of the permit issued under subsection (d); and conduct, or have a third party conduct, a local and national criminal history background check for each individual applicant that shall include:

(A) Multi-State or Multi-Jurisdictional Criminal Records Locator or other similar commercial nationwide database with validation (primary source search); and

(B) National Sex Offenders Registry database; and

(3) search the Illinois and National Sex Offender Registry database. obtain and review a driving history research report for the individual.

(b) The TNC shall not permit an individual to act as a TNC driver on its digital platform who:

(1) has had more than 3 moving violations in the prior three-year period, or one major violation in the prior three-year period including, but not limited to, attempting to evade the police, reckless driving, or driving on a suspended or revoked license;

(2) is not of good moral character has been convicted, within the past 7 years, of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage, or theft, acts of violence, or acts of terror;

(3) is a match in the Illinois or National Sex Offenders Registry database;

(4) does not possess a valid driver's license;

(5) does not possess proof of registration for the motor vehicle used to provide TNC services;

(6) does not possess proof of automobile liability insurance for the motor vehicle used to provide TNC services; or

(7) is under 19 years of age.

(c) (Blank). An individual who submits an application under paragraph (1) of subsection (a) that contains false or incomplete information shall be guilty of a petty offense.

(d) The fingerprints required by paragraph (2) of subsection (a) shall be transmitted through a live scan fingerprint vendor licensed by the Department of Financial and Professional Regulation. The fingerprints shall be checked against the Department of State Police and Federal Bureau of Investigation criminal history record databases now and hereafter filed. The Department of State Police shall charge applicants a fee for conducting the criminal history records check, which shall be deposited into the State Police Services Fund and shall not exceed the actual cost of the records check. The Department of State Police shall furnish, pursuant to positive identification, records of Illinois convictions to the Secretary of State. The Secretary of State shall obtain and review a driving history research report for the individual. The Secretary of State shall issue a permit to an applicant who has met all the requirements of the screening process under this Section to ensure the welfare and safety of citizens throughout the State of Illinois. The applicant, as part of the TNC application process, shall provide a copy of the permit.

(e) In determining good moral character for purposes of paragraph (2) of subsection (b), the TNC may take into consideration the individual's conviction of any crime under the laws of the United States or any state or territory thereof that is a classified as a felony or misdemeanor directly related to: driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, theft, acts of violence, or acts of terror.

(Source: P.A. 100-738, eff. 8-7-18.)".