Illinois General Assembly - Full Text of HB4075
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Full Text of HB4075  98th General Assembly


Rep. Michael J. Zalewski

Filed: 4/9/2014





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2    AMENDMENT NO. ______. Amend House Bill 4075, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Sections 1-122.7, 1-176.1, 3-412, 8-101, 13-101, and
718c-6102 as follows:
8    (625 ILCS 5/1-122.7)
9    Sec. 1-122.7. For-profit ridesharing arrangement. The
10transportation by motor vehicle of not more than 16 persons,
11including the driver, for which a fee is charged in accordance
12with Section 6 of the Ridesharing Arrangements and Consumer
13Protection Act, or a commercial ridesharing arrangement as
14defined by the Ridesharing Arrangements and Consumer
15Protection Act.
16(Source: P.A. 90-89, eff. 1-1-98.)



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1    (625 ILCS 5/1-176.1)  (from Ch. 95 1/2, par. 1-176.1)
2    Sec. 1-176.1. Ridesharing arrangement. The transportation
3by motor vehicle of not more than 16 persons, including the
4driver, (1) for purposes incidental to another purpose of the
5driver, for which no fee is charged or paid except to reimburse
6the driver or owner of the vehicle for his or her operating
7expenses on a nonprofit basis or (2) when these persons are
8traveling between their homes and their places of employment,
9or places reasonably convenient thereto, for which (i) no fee
10is charged or paid except to reimburse the driver or owner of
11the vehicle for his or her operating expenses on a nonprofit
12basis or (ii) a fee is charged in accordance with the
13provisions of Section 6 of the Ridesharing Arrangements and
14Consumer Protection Act.
15(Source: P.A. 90-89, eff. 1-1-98.)
16    (625 ILCS 5/3-412)  (from Ch. 95 1/2, par. 3-412)
17    Sec. 3-412. Registration plates and registration stickers
18to be furnished by the Secretary of State.
19    (a) The Secretary of State upon registering a vehicle
20subject to annual registration for the first time shall issue
21or shall cause to be issued to the owner one registration plate
22for a motorcycle, trailer, semitrailer, moped or
23truck-tractor, 2 registration plates for other motor vehicles
24and, where applicable, current registration stickers for motor



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



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



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1motorcycles having 150 or more cubic centimeters piston
2displacement, or having less than 150 cubic centimeter piston
4    (g) Registration plates issued to vehicles for-hire may
5display a designation as determined by the Secretary that such
6vehicles are for-hire, including, but not limited to, vehicles
7used as taxicabs, liveries, or in commercial ridesharing
8arrangements for more than 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



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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.)
15    (625 ILCS 5/8-101)  (from Ch. 95 1/2, par. 8-101)
16    Sec. 8-101. Proof of financial responsibility - Persons who
17operate motor vehicles in transportation of passengers for
19    (a) It is unlawful for any person, firm or corporation to
20operate any motor vehicle along or upon any public street or
21highway in any incorporated city, town or village in this State
22for the carriage of passengers for hire, accepting and
23discharging all such persons as may offer themselves for
24transportation unless such person, firm or corporation has
25given, and there is in full force and effect and on file with



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1the Secretary of State of Illinois, proof of financial
2responsibility provided in this Act.
3    (b) In addition this Section shall also apply to persons,
4firms or corporations who are in the business of providing
5transportation services for minors to or from educational or
6recreational facilities, except that this Section shall not
7apply to public utilities subject to regulation under "An Act
8concerning public utilities," approved June 29, 1921, as
9amended, or to school buses which are operated by public or
10parochial schools and are engaged solely in the transportation
11of the pupils who attend such schools.
12    (c) This Section also applies to a contract carrier
13transporting employees in the course of their employment on a
14highway of this State in a vehicle designed to carry 15 or
15fewer passengers. As part of proof of financial responsibility,
16a contract carrier transporting employees in the course of
17their employment is required to verify hit and run and
18uninsured motor vehicle coverage, as provided in Section 143a
19of the Illinois Insurance Code, and underinsured motor vehicle
20coverage, as provided in Section 143a-2 of the Illinois
21Insurance Code, in a total amount of not less than $250,000 per
23    (d) This Section shall not apply to any person
24participating in a ridesharing arrangement, a for-profit
25ridesharing arrangement other than a commercial ridesharing
26arrangement, or operating a commuter van, but only during the



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1performance of activities authorized by Sections 5 and 6 of the
2Ridesharing Arrangements and Consumer Protection Act.
3    (e) If the person operating such motor vehicle is not the
4owner, then proof of financial responsibility filed hereunder
5must provide that the owner is primarily liable. In the case of
6motor vehicles used in commercial ridesharing arrangements,
7the dispatchers providing dispatch services to the driver of
8the motor vehicle must submit proof that the driver will be an
9additional insured on a primary insurance policy that will
10provide coverage during the time period the driver makes
11himself, herself, or the vehicle available for dispatch or
12while a commercial ridesharing arrangement passenger is in the
14(Source: P.A. 94-319, eff. 1-1-06.)
15    (625 ILCS 5/13-101)  (from Ch. 95 1/2, par. 13-101)
16    Sec. 13-101. Submission to safety test; Certificate of
17safety. To promote the safety of the general public, every
18owner of a second division vehicle, medical transport vehicle,
19tow truck, first division vehicle including a taxi which is
20used for a purpose that requires a school bus driver permit,
21motor vehicle used for driver education training, motor vehicle
22required to submit to safety testing under subparagraph (A) of
23paragraph (1) of subsection (b) of Section 7 of the Ridesharing
24Arrangements and Consumer Protection Act, or contract carrier
25transporting employees in the course of their employment on a



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1highway of this State in a vehicle designed to carry 15 or
2fewer passengers shall, before operating the vehicle upon the
3highways of Illinois, submit it to a "safety test" and secure a
4certificate of safety furnished by the Department as set forth
5in Section 13-109. Each second division motor vehicle that
6pulls or draws a trailer, semitrailer or pole trailer, with a
7gross weight of more than 8,000 lbs or is registered for a
8gross weight of more than 8,000 lbs, motor bus, religious
9organization bus, school bus, senior citizen transportation
10vehicle, and limousine shall be subject to inspection by the
11Department and the Department is authorized to establish rules
12and regulations for the implementation of such inspections.
13    The owners of each salvage vehicle shall submit it to a
14"safety test" and secure a certificate of safety furnished by
15the Department prior to its salvage vehicle inspection pursuant
16to Section 3-308 of this Code. In implementing and enforcing
17the provisions of this Section, the Department and other
18authorized State agencies shall do so in a manner that is not
19inconsistent with any applicable federal law or regulation so
20that no federal funding or support is jeopardized by the
21enactment or application of these provisions.
22    However, none of the provisions of Chapter 13 requiring
23safety tests or a certificate of safety shall apply to:
24        (a) farm tractors, machinery and implements, wagons,
25    wagon-trailers or like farm vehicles used primarily in
26    agricultural pursuits;



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1        (b) vehicles other than school buses, tow trucks and
2    medical transport vehicles owned or operated by a municipal
3    corporation or political subdivision having a population
4    of 1,000,000 or more inhabitants and which are subject to
5    safety tests imposed by local ordinance or resolution;
6        (c) a semitrailer or trailer having a gross weight of
7    5,000 pounds or less including vehicle weight and maximum
8    load;
9        (d) recreational vehicles;
10        (e) vehicles registered as and displaying Illinois
11    antique vehicle plates and vehicles registered as
12    expanded-use antique vehicles and displaying expanded-use
13    antique vehicle plates;
14        (f) house trailers equipped and used for living
15    quarters;
16        (g) vehicles registered as and displaying Illinois
17    permanently mounted equipment plates or similar vehicles
18    eligible therefor but registered as governmental vehicles
19    provided that if said vehicle is reclassified from a
20    permanently mounted equipment plate so as to lose the
21    exemption of not requiring a certificate of safety, such
22    vehicle must be safety tested within 30 days of the
23    reclassification;
24        (h) vehicles owned or operated by a manufacturer,
25    dealer or transporter displaying a special plate or plates
26    as described in Chapter 3 of this Code while such vehicle



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1    is being delivered from the manufacturing or assembly plant
2    directly to the purchasing dealership or distributor, or
3    being temporarily road driven for quality control testing,
4    or from one dealer or distributor to another, or are being
5    moved by the most direct route from one location to another
6    for the purpose of installing special bodies or equipment,
7    or driven for purposes of demonstration by a prospective
8    buyer with the dealer or his agent present in the cab of
9    the vehicle during the demonstration;
10        (i) pole trailers and auxiliary axles;
11        (j) special mobile equipment;
12        (k) vehicles properly registered in another State
13    pursuant to law and displaying a valid registration plate,
14    except vehicles of contract carriers transporting
15    employees in the course of their employment on a highway of
16    this State in a vehicle designed to carry 15 or fewer
17    passengers are only exempted to the extent that the safety
18    testing requirements applicable to such vehicles in the
19    state of registration are no less stringent than the safety
20    testing requirements applicable to contract carriers that
21    are lawfully registered in Illinois;
22        (l) water-well boring apparatuses or rigs;
23        (m) any vehicle which is owned and operated by the
24    federal government and externally displays evidence of
25    such ownership; and
26        (n) second division vehicles registered for a gross



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1    weight of 8,000 pounds or less, except when such second
2    division motor vehicles pull or draw a trailer,
3    semi-trailer or pole trailer having a gross weight of or
4    registered for a gross weight of more than 8,000 pounds;
5    motor buses; religious organization buses; school buses;
6    senior citizen transportation vehicles; medical transport
7    vehicles and tow trucks.
8    The safety test shall include the testing and inspection of
9brakes, lights, horns, reflectors, rear vision mirrors,
10mufflers, safety chains, windshields and windshield wipers,
11warning flags and flares, frame, axle, cab and body, or cab or
12body, wheels, steering apparatus, and other safety devices and
13appliances required by this Code and such other safety tests as
14the Department may by rule or regulation require, for second
15division vehicles, school buses, medical transport vehicles,
16tow trucks, first division vehicles including taxis which are
17used for a purpose that requires a school bus driver permit,
18motor vehicles required to submit to safety testing under
19subparagraph (A) of paragraph (1) of subsection (b) of Section
207 of the Ridesharing Arrangements and Consumer Protection Act,
21motor vehicles used for driver education training, vehicles
22designed to carry 15 or fewer passengers operated by a contract
23carrier transporting employees in the course of their
24employment on a highway of this State, trailers, and
25semitrailers subject to inspection.
26    For tow trucks, the safety test and inspection shall also



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1include the inspection of winch mountings, body panels, body
2mounts, wheel lift swivel points, and sling straps, and other
3tests and inspections the Department by rule requires for tow
5    For driver education vehicles used by public high schools,
6the vehicle must also be equipped with dual control brakes, a
7mirror on each side of the vehicle so located as to reflect to
8the driver a view of the highway for a distance of at least 200
9feet to the rear, and a sign visible from the front and the
10rear identifying the vehicle as a driver education car.
11    For trucks, truck tractors, trailers, semi-trailers,
12buses, and first division vehicles including taxis which are
13used for a purpose that requires a school bus driver permit,
14the safety test shall be conducted in accordance with the
15Minimum Periodic Inspection Standards promulgated by the
16Federal Highway Administration of the U.S. Department of
17Transportation and contained in Appendix G to Subchapter B of
18Chapter III of Title 49 of the Code of Federal Regulations.
19Those standards, as now in effect, are made a part of this
20Code, in the same manner as though they were set out in full in
21this Code.
22    The passing of the safety test shall not be a bar at any
23time to prosecution for operating a second division vehicle,
24medical transport vehicle, motor vehicle used for driver
25education training, or vehicle designed to carry 15 or fewer
26passengers operated by a contract carrier as provided in this



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1Section that is unsafe, as determined by the standards
2prescribed in this Code.
3(Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12;
497-813, eff. 7-13-12; 97-1025, eff. 1-1-13.)
5    (625 ILCS 5/18c-6102)  (from Ch. 95 1/2, par. 18c-6102)
6    Sec. 18c-6102. Exemptions From Commission Jurisdiction.
7The provisions of this Sub-chapter shall not, except as
8provided in Section 18c-6501 of this Chapter, apply to:
9    (1) carriers owned by any political subdivision, school
10district, institution of higher education, or municipality,
11and operated either by such political subdivision, institution
12of higher education, or municipality or its lessee or agent;
13    (2) commuter vans as defined in this Code;
14    (3) carriers transporting passengers without fixed routes
15or schedules and charging on a time or distance basis,
16including taxicabs, charter operations, and contract bus
18    (4) carriers transporting passengers with fixed routes and
19schedules and charging on a per passenger fixed charge basis
20and which do not include an airport as a point to be served on
21the route, in whole or in part;
22    (5) transportation in vehicles with a manufacturer's rated
23seating capacity of less than 8 persons, including the driver;
24    (6) transportation subject to the Ridesharing Arrangements
25and Consumer Protection Act;



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1    (7) commuter buses offering short-haul for-hire regularly
2scheduled passenger transportation service within metropolitan
3and suburban areas, over regular routes with fixed schedules,
4and utilized primarily by passengers using reduced-fare,
5multiple-ride, or commutation tickets during morning and
6evening peak periods in travelling to and from their places of
7employment; and
8    (8) those persons owning and operating school buses, as
9defined in this Code, and regulated by other provisions of this
11(Source: P.A. 90-407, eff. 8-15-97; 91-357, eff. 7-29-99.)
12    Section 10. The Ridesharing Arrangements Act is amended by
13changing Sections 1, 2, and 5 and by adding Section 7 as
15    (625 ILCS 30/1)  (from Ch. 95 1/2, par. 901)
16    Sec. 1. This Act shall be known and may be cited as the
17Ridesharing Arrangements and Consumer Protection Act.
18(Source: P.A. 82-656.)
19    (625 ILCS 30/2)  (from Ch. 95 1/2, par. 902)
20    Sec. 2. (a) "Ridesharing arrangement" means the
21transportation by motor vehicle of not more than 16 persons
22(including the driver):
23    (1) for purposes incidental to another purpose of the



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1driver, for which no fee is charged or paid except to reimburse
2the driver or owner of the vehicle for his operating expenses
3on a nonprofit basis; or
4    (2) when such persons are travelling between their homes
5and their places of employment, or places reasonably convenient
6thereto, for which (i) no fee is charged or paid except to
7reimburse the driver or owner of the vehicle for his operating
8expenses on a nonprofit basis, or (ii) a fee is charged in
9accordance with the provisions of Section 6 of this Act.
10    (b) "For-profit ridesharing arrangement" means:
11        (1) a ridesharing arrangement for which a fee is
12    charged in accordance with Section 6 of this Act; or .
13        (2) a commercial ridesharing arrangement conducted in
14    accordance with Section 7 of this Act.
15    (c) "Commercial ridesharing arrangement" means a
16ridesharing arrangement in which the method of transportation
17is a vehicle owned or leased for personal use, of not more than
186 persons (including the driver), prearranged through a
19dispatcher, and for which a fee is charged, but that is not
20provided in accordance with the limitations of Section 6 of
21this Act. "Commercial ridesharing arrangement" includes a
22for-hire public passenger vehicle licensed by a unit of local
23government as a taxicab, but only for the purpose of
24establishing a fare under subparagraph (D) of paragraph (1) of
25subsection (b) of Section 7, when the driver of the taxicab
26receives a dispatch using Internet, smartphone, or an



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1electronic application from a dispatcher.
2    (d) "Dispatch" means the act of facilitating a connection
3between drivers and passengers for a commercial ridesharing
4arrangement using telephone, Internet, smartphone, or an
5electronic application, with or without an account set up
6between the passenger and the connecting person.
7    (e) "Dispatcher" means a person that performs a dispatch.
8(Source: P.A. 83-1091.)
9    (625 ILCS 30/5)  (from Ch. 95 1/2, par. 905)
10    Sec. 5. (a) No unit of local government, whether or not it
11is a home rule unit, may:
12    (1) license or regulate ridesharing arrangements;
13    (2) impose any tax or fee upon the owner or operator of a
14motor vehicle because of its use in a ridesharing arrangement;
15    (3) prohibit or regulate the charging of fees for
16ridesharing arrangements in accordance with Section 6 of this
18    This Act, as it applies to ridesharing arrangements, is
19declared to be a denial and limitation of the powers of home
20rule units pursuant to paragraph (g) of Section 6 of Article
21VII of the Illinois Constitution.
22    (b) Other than with respect to paragraph (1) of subsection
23(a) of Section 7 of this Act and subparagraph (D) of paragraph
24(1) of subsection (b) of Section 7 of this Act, a unit of local
25government, whether or not it is a home rule unit, may not



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1license or regulate commercial ridesharing arrangements,
2dispatchers, or drivers participating in commercial
3ridesharing arrangements in a manner that is less restrictive
4than the regulation by the State under this Act. This
5subsection (b) is a limitation under subsection (i) of Section
66 of Article VII of the Illinois Constitution on the concurrent
7exercise by home rule units of powers and functions exercised
8by the State.
9    (c) A unit of local government, whether or not it is a home
10rule unit, may not license or regulate commercial ridesharing
11arrangements, dispatchers, or drivers participating in
12commercial ridesharing arrangements in a manner that is
13inconsistent with paragraph (1) of subsection (a) of Section 7
14of this Act or that is inconsistent with subparagraph (D) of
15paragraph (1) of subsection (b) of Section 7 of this Act. This
16subsection (c) is a limitation under subsection (i) of Section
176 of Article VII of the Illinois Constitution on the concurrent
18exercise by home rule units of powers and functions exercised
19by the State.
20(Source: P.A. 83-1091.)
21    (625 ILCS 30/7 new)
22    Sec. 7. (a) Commercial ridesharing arrangements are
23subject to the following license and registration
25        (1) No person shall participate as a driver in



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1    commercial ridesharing arrangements for more than 18 hours
2    per week without first securing (i) a chauffeur's license
3    issued by the unit of local government where the vehicle
4    used in the commercial ridesharing arrangement is
5    registered; or (ii) if the unit of local government in
6    which the vehicle used in a commercial ridesharing
7    arrangement is registered does not issue chauffeur's
8    licenses, then a chauffeur's license issued by a unit of
9    local government in which the driver provides commercial
10    ridesharing arrangements. If no unit of local government in
11    which the vehicle used in a commercial ridesharing
12    arrangement is registered or operated issues chauffeur's
13    licenses or if the driver of the commercial ridesharing
14    arrangement does not participate in commercial ridesharing
15    arrangements for more than 18 hours per week, then the
16    driver is not required to obtain a chauffeur's license;
17    provided, however, that the dispatcher shall conduct a
18    background check of a prospective driver prior to
19    dispatching commercial ridesharing arrangements to that
20    driver and shall certify in the reports required by
21    subsection (h) of this Section 7 that the driver is
22    participating in a commercial ridesharing arrangement for
23    18 or fewer hours per week.
24        (2) No person shall perform dispatches without first
25    securing a commercial ridesharing dispatcher's license
26    from the Department of Financial and Professional



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1    Regulation. An applicant for a commercial ridesharing
2    dispatcher's license must submit evidence of the insurance
3    required by item (B) of paragraph (1) of subsection (b) of
4    this Section. This license must be renewed annually. The
5    fee for this license shall be set by the Department of
6    Financial and Professional Regulation. The Department of
7    Financial and Professional Regulation shall adopt rules to
8    implement this paragraph.
9        (3) No commercial ridesharing arrangement shall be
10    conducted in a vehicle that does not have distinctive
11    registration plates issued in accordance with the
12    requirements of Section 3-412 of the Illinois Vehicle Code
13    if the driver or the vehicle participates in commercial
14    ridesharing arrangements for more than 18 hours per week.
15    (b)(1) All commercial ridesharing arrangements shall be
16conducted under the following standards:
17            (A) A vehicle used for commercial ridesharing
18        arrangements for more than 18 hours per week must
19        conform to the age requirements for vehicles used for
20        transporting passengers for hire adopted by the unit of
21        local government in which the vehicle is registered.
22        Any vehicle used for commercial ridesharing
23        arrangements for more than 18 hours per week must pass
24        any safety inspections required by the unit of local
25        government that issued the driver's chauffeur's
26        license for vehicles used in transporting passengers



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1        for-hire. If the unit of local government that issued
2        the driver's chauffeur's license does not require
3        safety inspections for vehicles used in transporting
4        passengers for-hire, or if the driver is not required
5        to have a chauffeur's license under paragraph (1) of
6        subsection (a) of this Section, then the vehicle must
7        pass an annual safety inspection that the dispatcher
8        certifies as meeting the requirements of Section
9        13-101 of the Illinois Vehicle Code.
10            (B) Dispatchers must carry commercial liability
11        insurance in accordance with Section 12-707.01 of the
12        Illinois Vehicle Code with primary coverage for the
13        dispatcher, the driver, and the vehicle used in the
14        commercial ridesharing arrangement during the time
15        period when the driver makes himself, herself, or the
16        vehicle available for dispatch or while a commercial
17        ridesharing arrangement passenger is in the vehicle.
18        Any terms or conditions in the agreement between the
19        dispatcher and driver, or between the dispatcher and
20        passenger, that would act as a waiver of the
21        dispatcher's liability to the driver, the passenger,
22        or to the public, or as an indemnification from the
23        driver or passenger to the dispatcher, are null, void,
24        and unenforceable.
25            (C) Commercial ridesharing arrangements shall be
26        arranged solely through a dispatcher. No person shall



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1        solicit or accept potential passengers' requests for
2        service in a commercial ridesharing arrangement via
3        street hail, hand gestures, or verbal statements. No
4        commercial ridesharing arrangement shall pick up or
5        discharge a passenger at any place prohibited by the
6        unit of local government in which the commercial
7        ridesharing arrangement is conducted, or at any
8        designated taxicab stands, queues, or loading zones.
9            (D) Any vehicle, including a taxicab, used in
10        commercial ridesharing arrangements shall have its
11        fare established by a dispatcher who has provided
12        notice of the amount of the fare to a prospective
13        passenger prior to obtaining the prospective
14        passenger's agreement for the fare.
15            (E) If a unit of local government has requirements
16        for licensed chauffeurs to provide service in
17        under-served areas, drivers participating in
18        commercial ridesharing arrangements within that unit
19        of local government shall be subject to the same
20        requirements for providing service in under-served
21        areas.
22            (F) If a unit of local government has requirements
23        for licensed chauffeurs to provide wheelchair
24        accessible vehicles, drivers participating in
25        commercial ridesharing arrangements within that unit
26        of local government's jurisdiction shall be subject to



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1        the same requirements for providing wheelchair
2        accessible vehicles.
3        (2) No person shall perform dispatches except as
4    follows:
5            (A) Dispatches shall be made only to drivers
6        licensed in accordance with subsection (a) of this
7        Section.
8            (B) If distinctive registration plates are
9        required by paragraph (3) of subsection (a) of this
10        Section, then a dispatcher shall ensure that the
11        vehicle has the distinctive registration plates prior
12        to dispatching to that vehicle.
13    (c) Any person, other than a passenger, who participates in
14a commercial ridesharing arrangement in violation of this
15Section is guilty of a violation of this Section and shall be
16subject to the penalties adopted by the Department of Financial
17and Professional Regulation by administrative rule, including,
18but not limited to, fines, probation, revocation of licenses,
19and vehicle impoundment.
20    (d) Any person whose property or person is injured or in
21danger of injury due to an actual or imminent violation of this
22Section may file suit in the circuit court having jurisdiction
23to recover any remedy permitted by law, including damages and
24injunctive relief.
25    (e) A dispatcher shall assume liability, including the
26costs of defense and indemnification, for a claim in which a



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



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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



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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    Section 99. Effective date. This Act takes effect upon
24becoming law.".