Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Provides that the Secretary of State shall issue distinctive registration plates for vehicles used in commercial ridesharing arrangements. Provides that vehicles used in commercial ridesharing arrangements must have proof of financial responsibility. Amends the Ridesharing Arrangements Act. Changes the title to the Ridesharing Arrangements and Consumer Protection Act. Defines a "commercial ridesharing arrangement" as the transportation in a vehicle owned or leased for personal use, of not more than six persons (including the driver), prearranged through a dispatcher, and for which a fee is charged, but that is not provided in accordance with the limitations on for-profit ridesharing arrangements. Defines "dispatch" as connecting passengers and drivers for a commercial ridesharing arrangement through telephone, Internet, smartphone, or any electronic application. Provides that units of local government, including home rule units, may not regulate commercial ridesharing arrangements in a manner less restrictive than this Act. Provides that drivers wishing to provide transportation under a commercial ridesharing arrangement must obtain a chauffeur's license from the unit of local government in which their vehicles are registered or operated, unless no unit of local government in which their vehicles are registered or operated offer a chauffeur's license. Provides that dispatchers must secure a commercial ridesharing dispatcher's license from the Department of Financial and Professional Regulation. Requires dispatchers to submit evidence of insurance that will provide coverage in the event that the insurance coverage of a driver they dispatch does not provide coverage. Provides that vehicles used for commercial ridesharing arrangements must have distinctive registration plates issued by the Secretary of State, must indicate on the exterior of the vehicle that the vehicle is used for commercial ridesharing arrangements, must display the dispatcher's phone number in the interior of the vehicle and be less than 4 years from the date of manufacture. Provides that vehicles used in commercial ridesharing arrangements are required to undergo the same safety tests that a unit of local government requires for other vehicles used in transporting passengers for-hire unless the unit of local government does not require safety tests, in which case vehicles used in commercial ridesharing arrangements are subject to safety tests under the Illinois Vehicle Code. Provides that commercial rideshare arrangements may only be arranged through a dispatcher and not through driver solicitation. Provides that commercial ridesharing arrangements may not pick up or discharge a passenger at any airport that serves as a base for commercial flights open to the general public, to any convention center, or to any designated taxicab stands, queues, or loading zones. Prohibits pricing in excess of the highest per-mile rate charged by taxi cabs within the unit of local government where the commercial ridesharing arrangement is conducted. Provides that drivers may not participate in commercial ridesharing arrangements for more than 10 hours in a 24 hour period. Provides that where a unit of local government has requirements for licensed chauffeurs to provide service in under-served areas, drivers participating in commercial ridesharing arrangements are subject to the same requirements. Requires at least 5% of the vehicles utilized by a dispatcher to be wheelchair accessible according to federal and State standards. Provides that any person, other than a passenger, who participates in a commercial ridesharing arrangement in violation of these requirements is guilty of a violation of this Act. Provides that penalties for a violation of these requirements shall be set by administrative rule by the Department of Financial and Professional Regulation. Provides that a person whose person or property has been damaged or is in imminent danger due to a violation of these requirements may file suit in a circuit court having jurisdiction for damages or injunctive relief. Effective immediately.
Correctional Note, House Committee Amendment No. 1 (Dept of Corrections)
There are no penalty enhancements associated with this bill. The bill would have no fiscal or population impact on the Department of Corrections.
Land Conveyance Appraisal Note, House Committee Amendment No. 1 (Dept. of Transportation)
No land conveyances are included in this bill; therefore, there are no appraisals to be filed.
Judicial Note, House Committee Amendment No. 1 (Admin Office of the Illinois Courts)
This bill may have a minimal impact on judicial workloads; however, it is not anticipated that the bill would increase the number of judges needed in the State.
Balanced Budget Note, House Committee Amendment No. 1 (Office of Management and Budget)
The impact on the budget cannot be determined at this time.
This bill will not impact any public pension fund or retirement system in Illinois.
State Debt Impact Note, House Committee Amendment No. 1 (Government Forecasting & Accountability)
HB 4075 (H-AM 1) would not change the amount of authorization for any type of State-issued or State-supported bond, and, therefore, would not affect the level of State indebtedness.
Home Rule Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
HB 4075 (H-AM 1) does not pre-empt home rule authority.
State Mandates Fiscal Note, House Committee Amendment No. 1 (Dept. of Commerce & Economic Opportunity)
HB 4075 (H-AM 1) does not create a State mandate
Housing Affordability Impact Note, House Committee Amendment No. 1 (Housing Development Authority)
This bill will have no effect on the cost of constructing, purchasing, owning, or selling a single-family residence.
Fiscal Note, House Committee Amendment No. 1 (Financial & Professional Regulation)
House Bill 4075 (H-AM 1) has a recurring annual fiscal impact of $1,380,395.70 to pay for the operational costs associated with investigations, prosecutions, and licensure that are created in this bill. There will also be an approximate initial cost of $50,000 to establish the I.T. systems required. This will lead to a first year fiscal impact of $1,430,395.70.
House Floor Amendment No. 3 Replaces everything after the enacting clause. Reinserts provisions of House Amendment Number 1. Amends the Ridesharing Arrangements Act. Removes the requirement that vehicles used in ridesharing arrangements be labeled on the outside of the vehicle. Replaces the requirement that 5% of a dispatcher's fleet be wheelchair accessible with a requirement that drivers of vehicles used in rideshares meet the requirements of the local unit of government for chauffeurs regarding access. Requires dispatchers to submit evidence of insurance that will provide coverage for the driver and the vehicle. Replaces the prohibition on commercial ridesharing arrangements picking up or dropping off passengers at an airport or convention center with a requirement that commercial ridesharing arrangements obey local government restrictions on location. Removes the restriction on the amount of hours a driver may participate in commercial ridesharing arrangements in a 24 hour period. Provides that the license, registration, and display requirements for drivers and vehicles in a commercial ridesharing arrangement only apply to drivers or vehicles that participate in commercial ridesharing arrangements for more than 18 hours per week. Provides that dispatchers assume liability, including liability for legal defense costs, for any claims that arise out of the involvement of a driver or vehicle that is available for dispatch or in use in a commercial ridesharing arrangement. Provides that the insurer of a motor vehicle used in a commercial ridesharing arrangement may deny coverage during the time the vehicle is made available for dispatch or used in a commercial ridesharing arrangement. Requires dispatchers to make this insurance information available to the drivers and owners of vehicles used in commercial ridesharing arrangements. Provides a duty on the part of dispatchers to keep the owner and insurer of a vehicle used in commercial ridesharing arrangements notified of information involving the use of the vehicle, including its involvement in accidents. Prevents local units of government from adopting regulations inconsistent with the hours requirement or the requirement that dispatchers negotiate the fare prior to dispatch. Makes corresponding changes to the Illinois Vehicle Code. Effective immediately.