HB5331 EnrolledLRB098 17462 HEP 54768 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. If and only if the provisions of House Bill 4075
5of 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
17and, where applicable, current registration stickers for motor
18vehicles of the first division. The provisions of this Section
19may be made applicable to such vehicles of the second division,
20as the Secretary of State may, from time to time, in his
21discretion designate. On subsequent annual registrations
22during the term of the registration plate as provided in
23Section 3-414.1, the Secretary shall issue or cause to be

 

 

HB5331 Enrolled- 2 -LRB098 17462 HEP 54768 b

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

 

 

HB5331 Enrolled- 3 -LRB098 17462 HEP 54768 b

1Secretary may prescribe and shall be of a contrasting color
2with the registration plates and registration stickers of the
3previous year.
4    (c) Each registration plate and the required letters and
5numerals thereon, except the year number for which issued,
6shall be of sufficient size to be plainly readable from a
7distance of 100 feet during daylight, and shall be coated with
8reflectorizing material. The dimensions of the plate issued to
9vehicles of the first division shall be 6 by 12 inches.
10    (d) The Secretary of State shall issue for every passenger
11motor vehicle rented without a driver the same type of
12registration plates as the type of plates issued for a private
13passenger vehicle.
14    (e) The Secretary of State shall issue for every passenger
15car used as a taxicab, livery, or in a commercial ridesharing
16arrangement in which the driver participates in commercial
17ridesharing arrangements for more than 36 hours in any 2 week
18(consecutive 14 day) period as set forth in paragraph (1) of
19subsection (a) of Section 7 of the Ridesharing Arrangements and
20Consumer Protection Act 18 hours per week, distinctive
21registration plates.
22    (f) The Secretary of State shall issue for every motorcycle
23distinctive registration plates distinguishing between
24motorcycles having 150 or more cubic centimeters piston
25displacement, or having less than 150 cubic centimeter piston
26displacement.

 

 

HB5331 Enrolled- 4 -LRB098 17462 HEP 54768 b

1    (g) Registration plates issued to vehicles for-hire may
2display a designation as determined by the Secretary that such
3vehicles are for-hire, including, but not limited to, vehicles
4used as taxicabs, liveries, or in commercial ridesharing
5arrangements for more than 36 hours in any 2 week (consecutive
614 day) period as set forth in paragraph (1) of subsection (a)
7of Section 7 of the Ridesharing Arrangements and Consumer
8Protection Act 18 hours per week.
9    (h) (Blank).
10    (i) The Secretary of State shall issue for every public and
11private ambulance registration plates identifying the vehicle
12as an ambulance. The Secretary shall forward to the Department
13of Healthcare and Family Services registration information for
14the purpose of verification of claims filed with the Department
15by ambulance owners for payment for services to public
16assistance recipients.
17    (j) The Secretary of State shall issue for every public and
18private medical carrier or rescue vehicle livery registration
19plates displaying numbers within ranges of numbers reserved
20respectively for medical carriers and rescue vehicles. The
21Secretary shall forward to the Department of Healthcare and
22Family Services registration information for the purpose of
23verification of claims filed with the Department by owners of
24medical carriers or rescue vehicles for payment for services to
25public assistance recipients.
26    (k) The Secretary of State shall issue distinctive license

 

 

HB5331 Enrolled- 5 -LRB098 17462 HEP 54768 b

1plates or distinctive license plate stickers for every vehicle
2exempted from subsections (a) and (a-5) of Section 12-503 by
3subsection (g) of that Section, and by subsection (g-5) of that
4Section before its deletion by this amendatory Act of the 95th
5General Assembly. The Secretary shall issue these plates or
6stickers immediately upon receiving the physician's
7certification required under subsection (g) of Section 12-503.
8New plates or stickers shall also be issued when the
9certification is renewed as provided in that subsection.
10    (l) The Secretary of State shall issue distinctive
11registration plates for low-speed vehicles.
12(Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07;
1396-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff.
1410-30-09; 96-1000, eff. 7-2-10; 98HB4075 enrolled.)
 
15    Section 10. If and only if the provisions of House Bill
164075 of the 98th General Assembly that are changed by this
17amendatory Act of the 98th General Assembly become law, then
18the Ridesharing Arrangements and Consumer Protection Act is
19amended by changing Sections 5 and 7 as follows:
 
20    (625 ILCS 30/5)  (from Ch. 95 1/2, par. 905)
21    Sec. 5. (a) No unit of local government, whether or not it
22is a home rule unit, may:
23    (1) license or regulate ridesharing arrangements;
24    (2) impose any tax or fee upon the owner or operator of a

 

 

HB5331 Enrolled- 6 -LRB098 17462 HEP 54768 b

1motor vehicle because of its use in a ridesharing arrangement;
2    (3) prohibit or regulate the charging of fees for
3ridesharing arrangements in accordance with Section 6 of this
4Act.
5    This Act, as it applies to ridesharing arrangements, is
6declared to be a denial and limitation of the powers of home
7rule units pursuant to paragraph (g) of Section 6 of Article
8VII of the Illinois Constitution.
9    (b) A Other than with respect to paragraph (1) of
10subsection (a) of Section 7 of this Act and subparagraph (D) of
11paragraph (1) of subsection (b) of Section 7 of this Act, a
12unit of local government, whether or not it is a home rule
13unit, may not license or regulate commercial ridesharing
14arrangements, dispatchers, or drivers participating in
15commercial ridesharing arrangements in a manner that is less
16restrictive than the regulation by the State under this Act.
17This subsection (b) is a limitation under subsection (i) of
18Section 6 of Article VII of the Illinois Constitution on the
19concurrent exercise by home rule units of powers and functions
20exercised by the State.
21    (c) With respect to subparagraph (D) of paragraph (1) of
22subsection (b) of Section 7 of this Act, if a unit of local
23government, whether or not it is a home rule unit, regulates
24the fare of any vehicle, including a taxicab, used in
25commercial ridesharing arrangements, that regulation shall
26apply equally to all vehicles used in commercial ridesharing

 

 

HB5331 Enrolled- 7 -LRB098 17462 HEP 54768 b

1arrangements. A unit of local government, whether or not it is
2a home rule unit, may not license or regulate commercial
3ridesharing arrangements, dispatchers, or drivers
4participating in commercial ridesharing arrangements in a
5manner that is inconsistent with paragraph (1) of subsection
6(a) of Section 7 of this Act or that is inconsistent with
7subparagraph (D) of paragraph (1) of subsection (b) of Section
87 of this Act. This subsection (c) is a limitation under
9subsection (i) of Section 6 of Article VII of the Illinois
10Constitution on the concurrent exercise by home rule units of
11powers and functions exercised by the State.
12(Source: P.A. 83-1091; 98HB4075 enrolled.)
 
13    (625 ILCS 30/7)
14    Sec. 7. (a) Commercial ridesharing arrangements are
15subject to the following license and registration
16requirements:
17        (1) No person shall participate as a driver in
18    commercial ridesharing arrangements for more than 36 hours
19    in any 2 week (consecutive 14 day) period 18 hours per week
20    without first securing (i) a chauffeur's license issued by
21    the unit of local government where the vehicle used in the
22    commercial ridesharing arrangement is registered;
23    provided, however, that if the person has applied for a
24    chauffeur's license from the unit of local government where
25    the vehicle used in commercial ridesharing arrangements is

 

 

HB5331 Enrolled- 8 -LRB098 17462 HEP 54768 b

1    registered, then the person shall be allowed to participate
2    as a driver in a commercial ridesharing arrangement for up
3    to 4 weeks from the date the person first applied for the
4    chauffeur's license while the application for the
5    chauffeur's license is pending with the unit of local
6    government; or (ii) if the unit of local government in
7    which the vehicle used in a commercial ridesharing
8    arrangement is registered does not issue chauffeur's
9    licenses, then a chauffeur's license issued by a unit of
10    local government in which the driver provides commercial
11    ridesharing arrangements. If no unit of local government in
12    which the vehicle used in a commercial ridesharing
13    arrangement is registered or operated issues chauffeur's
14    licenses or if the driver of the commercial ridesharing
15    arrangement does not participate in commercial ridesharing
16    arrangements for more than 36 hours in any 2 week
17    (consecutive 14 day) period 18 hours per week, then the
18    driver is not required to obtain a chauffeur's license;
19    provided, however, that the dispatcher shall conduct a
20    background check of a prospective driver prior to
21    dispatching commercial ridesharing arrangements to that
22    driver and shall certify in the reports required by
23    subsection (h) of this Section 7 that the driver is
24    participating in a commercial ridesharing arrangement for
25    18 or fewer than 36 hours in any 2 week (consecutive 14
26    day) period per week.

 

 

HB5331 Enrolled- 9 -LRB098 17462 HEP 54768 b

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

 

 

HB5331 Enrolled- 10 -LRB098 17462 HEP 54768 b

1        unit of local government in which the vehicle is
2        registered. Any vehicle used for commercial
3        ridesharing arrangements for more than 36 hours in any
4        2 week (14 consecutive day) period as set forth in
5        paragraph (1) of subsection (a) of this Section 18
6        hours per week must pass any safety inspections
7        required by the unit of local government that issued
8        the driver's chauffeur's license for vehicles used in
9        transporting passengers for-hire. If the unit of local
10        government that issued the driver's chauffeur's
11        license does not require safety inspections for
12        vehicles used in transporting passengers for-hire, or
13        if the driver is not required to have a chauffeur's
14        license under paragraph (1) of subsection (a) of this
15        Section, then the vehicle must pass an annual safety
16        inspection that the dispatcher certifies as meeting
17        the requirements of Section 13-101 of the Illinois
18        Vehicle Code.
19            (B) Dispatchers must carry commercial liability
20        insurance in the amount of $350,000 combined single
21        limit per accident accordance with Section 12-707.01
22        of the Illinois Vehicle Code with primary coverage for
23        the dispatcher, the driver, and the vehicle used in the
24        commercial ridesharing arrangement during the time
25        period when the driver makes himself, herself, or the
26        vehicle available for dispatch or while a commercial

 

 

HB5331 Enrolled- 11 -LRB098 17462 HEP 54768 b

1        ridesharing arrangement passenger is in the vehicle.
2        Any terms or conditions in the agreement between the
3        dispatcher and driver, or between the dispatcher and
4        passenger, that would act as a waiver of the
5        dispatcher's liability to the driver, the passenger,
6        or to the public, or as an indemnification from the
7        driver or passenger to the dispatcher, are null, void,
8        and unenforceable.
9            (C) Commercial ridesharing arrangements shall be
10        arranged solely through a dispatcher. No person shall
11        solicit or accept potential passengers' requests for
12        service in a commercial ridesharing arrangement via
13        street hail, hand gestures, or verbal statements. No
14        commercial ridesharing arrangement shall pick up or
15        discharge a passenger at any place prohibited by the
16        unit of local government in which the commercial
17        ridesharing arrangement is conducted, or at any
18        designated taxicab stands, queues, or loading zones.
19            (D) Any vehicle, including a taxicab, used in
20        commercial ridesharing arrangements shall have its
21        fare established by a dispatcher who has provided
22        notice of the amount of the fare to a prospective
23        passenger prior to obtaining the prospective
24        passenger's agreement for the fare.
25            (E) If a unit of local government has requirements
26        for licensed chauffeurs to provide service in

 

 

HB5331 Enrolled- 12 -LRB098 17462 HEP 54768 b

1        under-served areas, drivers participating in
2        commercial ridesharing arrangements within that unit
3        of local government shall be subject to the same
4        requirements for providing service in under-served
5        areas.
6            (F) If a unit of local government has requirements
7        for licensed chauffeurs to provide wheelchair
8        accessible vehicles, drivers participating in
9        commercial ridesharing arrangements within that unit
10        of local government's jurisdiction shall be subject to
11        the same requirements for providing wheelchair
12        accessible vehicles.
13        (2) No person shall perform dispatches except as
14    follows:
15            (A) Dispatches shall be made only to drivers
16        licensed in accordance with subsection (a) of this
17        Section.
18            (B) If distinctive registration plates are
19        required by paragraph (3) of subsection (a) of this
20        Section, then a dispatcher shall ensure that the
21        vehicle has the distinctive registration plates prior
22        to dispatching to that vehicle.
23    (c) Any person, other than a passenger, who participates in
24a commercial ridesharing arrangement in violation of this
25Section is guilty of a violation of this Section and shall be
26subject to the penalties adopted by the Department of Financial

 

 

HB5331 Enrolled- 13 -LRB098 17462 HEP 54768 b

1and Professional Regulation by administrative rule, including,
2but not limited to, fines, probation, revocation of licenses,
3and vehicle impoundment.
4    (d) Any person whose property or person is injured or in
5danger of injury due to an actual or imminent violation of this
6Section may file suit in the circuit court having jurisdiction
7to recover any remedy permitted by law, including damages and
8injunctive relief.
9    (e) A dispatcher shall assume liability, including the
10costs of defense and indemnification, for a claim in which a
11dispute exists as to whether the loss or injury giving rise to
12the claim occurred while a vehicle involved in the incident
13giving rise to the claim was made available for dispatch or
14while a commercial ridesharing arrangement passenger is in the
15vehicle. If it is determined that the claim did not occur when
16the vehicle involved in the incident giving rise to the claim
17was either made available for dispatch or while a commercial
18ridesharing arrangement passenger was in the vehicle, then the
19vehicle's registered owner's primary automobile liability
20insurer shall indemnify the dispatcher or its insurer to the
21extent of the insurer's obligation under the registered owner's
22primary automobile liability insurance policy, to the extent
23that payments have been made. The dispatcher must notify the
24registered owner of the vehicle and the registered owner's
25insurer of the dispute within 25 business days of receiving
26notice of the accident that gives rise to the claim. If a

 

 

HB5331 Enrolled- 14 -LRB098 17462 HEP 54768 b

1private passenger motor vehicle's registered owner or its
2insurer is named as a defendant in a civil action for any loss
3or injury that occurs during the time the vehicle is made
4available for dispatch, the dispatcher shall have the duty to
5defend and indemnify the vehicle's registered owner and its
6insurers.
7    (f) The Notwithstanding any provision in the vehicle
8owner's insurance policy or any other provision of this Act,
9the insurer providing coverage to the owner of a private
10passenger motor vehicle may exclude any and all coverage and
11the duty to defend afforded under the owner's insurance policy
12for any loss or injury that occurs while the vehicle is made
13available for dispatch or while a commercial ridesharing
14arrangement passenger is in the vehicle. This right to exclude
15coverage and the duty to indemnify and defend applies to all
16coverage provided by the registered owner's insurer including,
17but not limited to:
18        (1) liability and physical damage coverage;
19        (2) personal injury protection coverage;
20        (3) uninsured and underinsured motorist coverage;
21        (4) medical payment coverage for persons using or
22    occupying the registered vehicle;
23        (5) comprehensive physical damage coverage; and
24        (6) collision physical damage coverage.
25    (g) A dispatcher must, prior to the first use of a vehicle
26in a commercial ridesharing arrangement, and upon renewal,

 

 

HB5331 Enrolled- 15 -LRB098 17462 HEP 54768 b

1cancellation, or change in insurance by the dispatcher, provide
2the vehicle's registered owner and any driver of the vehicle
3with a disclosure that contains:
4        (1) information explaining the insurance requirements
5    of this Section;
6        (2) information explaining the coverage and coverage
7    limits provided under the dispatcher's insurance policy;
8        (3) notice that the dispatcher assumes all liability
9    for any loss or injury that occurs while the vehicle is
10    made available for dispatch or while a commercial
11    ridesharing arrangement passenger is in the vehicle; and
12        (4) notice that the dispatcher provides insurance on
13    the vehicle while the vehicle is made available for
14    dispatch or while a commercial ridesharing arrangement
15    passenger is in the vehicle that is comparable to a
16    standard owner's insurance policy and that the vehicle's
17    registered owner's insurance policy may exclude all
18    coverage and the duty to defend or indemnify any person or
19    organization for liability for any loss or injury that
20    occurs while the vehicle is made available for dispatch or
21    while a commercial ridesharing arrangement passenger is in
22    the vehicle.
23    (h) For each vehicle used in a commercial ridesharing
24arrangement a dispatcher must collect, maintain, and make
25available to the vehicle's registered owner, the vehicle's
26registered owner's primary automobile liability insurer, and

 

 

HB5331 Enrolled- 16 -LRB098 17462 HEP 54768 b

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