HB4075ham001 98TH GENERAL ASSEMBLY

Rep. Michael J. Zalewski

Filed: 3/25/2014

09800HB4075ham001 LRB098 15632 MLW 57524 a

AMENDMENT TO HOUSE BILL 4075

AMENDMENT NO. ______. Amend House Bill 4075 by replacing everything after the enacting clause with the following:

"Section 5. The Illinois Vehicle Code is amended by changing Sections 1-122.7, 1-176.1, 3-412, 8-101, 13-101, and 18c-6102 as follows:

(625 ILCS 5/1-122.7)

Sec. 1-122.7. For-profit ridesharing arrangement. The transportation by motor vehicle of not more than 16 persons, including the driver, for which a fee is charged in accordance with Section 6 of the Ridesharing Arrangements and Consumer Protection Act, or a commercial ridesharing arrangement as defined by the Ridesharing Arrangements and Consumer Protection Act.

(Source: P.A. 90-89, eff. 1-1-98.)

(625 ILCS 5/1-176.1) (from Ch. 95 1/2, par. 1-176.1)

Sec. 1-176.1. Ridesharing arrangement. The transportation by motor vehicle of not more than 16 persons, including the driver, (1) for purposes incidental to another purpose of the driver, for which no fee is charged or paid except to reimburse the driver or owner of the vehicle for his or her operating expenses on a nonprofit basis or (2) when these persons are traveling between their homes and their places of employment, or places reasonably convenient thereto, for which (i) no fee is charged or paid except to reimburse the driver or owner of the vehicle for his or her operating expenses on a nonprofit basis or (ii) a fee is charged in accordance with the provisions of Section 6 of the Ridesharing Arrangements and Consumer Protection Act.

(Source: P.A. 90-89, eff. 1-1-98.)

(625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)

Sec. 3-412. Registration plates and registration stickers to be furnished by the Secretary of State.

(a) The Secretary of State upon registering a vehicle subject to annual registration for the first time shall issue or shall cause to be issued to the owner one registration plate for a motorcycle, trailer, semitrailer, moped or truck-tractor, 2 registration plates for other motor vehicles and, where applicable, current registration stickers for motor vehicles of the first division. The provisions of this Section may be made applicable to such vehicles of the second division, as the Secretary of State may, from time to time, in his discretion designate. On subsequent annual registrations during the term of the registration plate as provided in Section 3-414.1, the Secretary shall issue or cause to be issued registration stickers as evidence of current registration. However, the issuance of annual registration stickers to vehicles registered under the provisions of Sections 3-402.1 and 3-405.3 of this Code may not be required if the Secretary deems the issuance unnecessary.

(b) Every registration plate shall have displayed upon it the registration number assigned to the vehicle for which it is issued, the name of this State, which may be abbreviated, the year number for which it was issued, which may be abbreviated, the phrase "Land of Lincoln" (except as otherwise provided in this Code), and such other letters or numbers as the Secretary may prescribe. However, for apportionment plates issued to vehicles registered under Section 3-402.1 and fleet plates issued to vehicles registered under Section 3-405.3, the phrase "Land of Lincoln" may be omitted to allow for the word "apportioned", the word "fleet", or other similar language to be displayed. Registration plates issued to a vehicle registered as a fleet vehicle may display a designation determined by the Secretary.

The Secretary may in his discretion prescribe that letters be used as prefixes only on registration plates issued to vehicles of the first division which are registered under this Code and only as suffixes on registration plates issued to other vehicles. Every registration sticker issued as evidence of current registration shall designate the year number for which it is issued and such other letters or numbers as the Secretary may prescribe and shall be of a contrasting color with the registration plates and registration stickers of the previous year.

(c) Each registration plate and the required letters and numerals thereon, except the year number for which issued, shall be of sufficient size to be plainly readable from a distance of 100 feet during daylight, and shall be coated with reflectorizing material. The dimensions of the plate issued to vehicles of the first division shall be 6 by 12 inches.

(d) The Secretary of State shall issue for every passenger motor vehicle rented without a driver the same type of registration plates as the type of plates issued for a private passenger vehicle.

(e) The Secretary of State shall issue for every passenger car used as a taxicab, or livery, or in a commercial ridesharing arrangement, distinctive registration plates.

(f) The Secretary of State shall issue for every motorcycle distinctive registration plates distinguishing between motorcycles having 150 or more cubic centimeters piston displacement, or having less than 150 cubic centimeter piston displacement.

(g) Registration plates issued to vehicles for-hire may display a designation as determined by the Secretary that such vehicles are for-hire, including, but not limited to, vehicles used as taxicabs, liveries, or in commercial ridesharing arrangements.

(h) (Blank).

(i) The Secretary of State shall issue for every public and private ambulance registration plates identifying the vehicle as an ambulance. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed with the Department by ambulance owners for payment for services to public assistance recipients.

(j) The Secretary of State shall issue for every public and private medical carrier or rescue vehicle livery registration plates displaying numbers within ranges of numbers reserved respectively for medical carriers and rescue vehicles. The Secretary shall forward to the Department of Healthcare and Family Services registration information for the purpose of verification of claims filed with the Department by owners of medical carriers or rescue vehicles for payment for services to public assistance recipients.

(k) The Secretary of State shall issue distinctive license plates or distinctive license plate stickers for every vehicle exempted from subsections (a) and (a-5) of Section 12-503 by subsection (g) of that Section, and by subsection (g-5) of that Section before its deletion by this amendatory Act of the 95th General Assembly. The Secretary shall issue these plates or stickers immediately upon receiving the physician's certification required under subsection (g) of Section 12-503. New plates or stickers shall also be issued when the certification is renewed as provided in that subsection.

(l) The Secretary of State shall issue distinctive registration plates for low-speed vehicles.

(Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07; 96-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff. 10-30-09; 96-1000, eff. 7-2-10.)

(625 ILCS 5/8-101) (from Ch. 95 1/2, par. 8-101)

Sec. 8-101. Proof of financial responsibility - Persons who operate motor vehicles in transportation of passengers for hire.

(a) It is unlawful for any person, firm or corporation to operate any motor vehicle along or upon any public street or highway in any incorporated city, town or village in this State for the carriage of passengers for hire, accepting and discharging all such persons as may offer themselves for transportation unless such person, firm or corporation has given, and there is in full force and effect and on file with the Secretary of State of Illinois, proof of financial responsibility provided in this Act.

(b) In addition this Section shall also apply to persons, firms or corporations who are in the business of providing transportation services for minors to or from educational or recreational facilities, except that this Section shall not apply to public utilities subject to regulation under "An Act concerning public utilities," approved June 29, 1921, as amended, or to school buses which are operated by public or parochial schools and are engaged solely in the transportation of the pupils who attend such schools.

(c) This Section also applies to a contract carrier transporting employees in the course of their employment on a highway of this State in a vehicle designed to carry 15 or fewer passengers. As part of proof of financial responsibility, a contract carrier transporting employees in the course of their employment is required to verify hit and run and uninsured motor vehicle coverage, as provided in Section 143a of the Illinois Insurance Code, and underinsured motor vehicle coverage, as provided in Section 143a-2 of the Illinois Insurance Code, in a total amount of not less than $250,000 per passenger.

(d) This Section shall not apply to any person participating in a ridesharing arrangement, a for-profit ridesharing arrangement other than a commercial ridesharing arrangement, or operating a commuter van, but only during the performance of activities authorized by Sections 5 and 6 of the Ridesharing Arrangements and Consumer Protection Act.

(e) If the person operating such motor vehicle is not the owner, then proof of financial responsibility filed hereunder must provide that the owner is primarily liable. In the case of motor vehicles used in commercial ridesharing arrangements, the dispatchers providing dispatch services to the driver of the motor vehicle must also submit proof that they will be additionally covered through a primary or drop down insurance policy that will provide coverage regardless of whether the driver's policy provides coverage.

(Source: P.A. 94-319, eff. 1-1-06.)

(625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)

Sec. 13-101. Submission to safety test; Certificate of safety. To promote the safety of the general public, every owner of a second division vehicle, medical transport vehicle, tow truck, first division vehicle including a taxi which is used for a purpose that requires a school bus driver permit, motor vehicle used for driver education training, motor vehicle required to submit to safety testing under subparagraph (B) of paragraph (1) of subsection (b) of Section 7 of the Ridesharing Arrangements and Consumer Protection Act, or contract carrier transporting employees in the course of their employment on a highway of this State in a vehicle designed to carry 15 or fewer passengers shall, before operating the vehicle upon the highways of Illinois, submit it to a "safety test" and secure a certificate of safety furnished by the Department as set forth in Section 13-109. Each second division motor vehicle that pulls or draws a trailer, semitrailer or pole trailer, with a gross weight of more than 8,000 lbs or is registered for a gross weight of more than 8,000 lbs, motor bus, religious organization bus, school bus, senior citizen transportation vehicle, and limousine shall be subject to inspection by the Department and the Department is authorized to establish rules and regulations for the implementation of such inspections.

The owners of each salvage vehicle shall submit it to a "safety test" and secure a certificate of safety furnished by the Department prior to its salvage vehicle inspection pursuant to Section 3-308 of this Code. In implementing and enforcing the provisions of this Section, the Department and other authorized State agencies shall do so in a manner that is not inconsistent with any applicable federal law or regulation so that no federal funding or support is jeopardized by the enactment or application of these provisions.

However, none of the provisions of Chapter 13 requiring safety tests or a certificate of safety shall apply to:

(a) farm tractors, machinery and implements, wagons, wagon-trailers or like farm vehicles used primarily in agricultural pursuits;

(b) vehicles other than school buses, tow trucks and medical transport vehicles owned or operated by a municipal corporation or political subdivision having a population of 1,000,000 or more inhabitants and which are subject to safety tests imposed by local ordinance or resolution;

(c) a semitrailer or trailer having a gross weight of 5,000 pounds or less including vehicle weight and maximum load;

(d) recreational vehicles;

(e) vehicles registered as and displaying Illinois antique vehicle plates and vehicles registered as expanded-use antique vehicles and displaying expanded-use antique vehicle plates;

(f) house trailers equipped and used for living quarters;

(g) vehicles registered as and displaying Illinois permanently mounted equipment plates or similar vehicles eligible therefor but registered as governmental vehicles provided that if said vehicle is reclassified from a permanently mounted equipment plate so as to lose the exemption of not requiring a certificate of safety, such vehicle must be safety tested within 30 days of the reclassification;

(h) vehicles owned or operated by a manufacturer, dealer or transporter displaying a special plate or plates as described in Chapter 3 of this Code while such vehicle is being delivered from the manufacturing or assembly plant directly to the purchasing dealership or distributor, or being temporarily road driven for quality control testing, or from one dealer or distributor to another, or are being moved by the most direct route from one location to another for the purpose of installing special bodies or equipment, or driven for purposes of demonstration by a prospective buyer with the dealer or his agent present in the cab of the vehicle during the demonstration;

(i) pole trailers and auxiliary axles;

(j) special mobile equipment;

(k) vehicles properly registered in another State pursuant to law and displaying a valid registration plate, except vehicles of contract carriers transporting employees in the course of their employment on a highway of this State in a vehicle designed to carry 15 or fewer passengers are only exempted to the extent that the safety testing requirements applicable to such vehicles in the state of registration are no less stringent than the safety testing requirements applicable to contract carriers that are lawfully registered in Illinois;

(l) water-well boring apparatuses or rigs;

(m) any vehicle which is owned and operated by the federal government and externally displays evidence of such ownership; and

(n) second division vehicles registered for a gross weight of 8,000 pounds or less, except when such second division motor vehicles pull or draw a trailer, semi-trailer or pole trailer having a gross weight of or registered for a gross weight of more than 8,000 pounds; motor buses; religious organization buses; school buses; senior citizen transportation vehicles; medical transport vehicles and tow trucks.

The safety test shall include the testing and inspection of brakes, lights, horns, reflectors, rear vision mirrors, mufflers, safety chains, windshields and windshield wipers, warning flags and flares, frame, axle, cab and body, or cab or body, wheels, steering apparatus, and other safety devices and appliances required by this Code and such other safety tests as the Department may by rule or regulation require, for second division vehicles, school buses, medical transport vehicles, tow trucks, first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, motor vehicles required to submit to safety testing under subparagraph (B) of paragraph (1) of subsection (b) of Section 7 of the Ridesharing Arrangements and Consumer Protection Act, motor vehicles used for driver education training, vehicles designed to carry 15 or fewer passengers operated by a contract carrier transporting employees in the course of their employment on a highway of this State, trailers, and semitrailers subject to inspection.

For tow trucks, the safety test and inspection shall also include the inspection of winch mountings, body panels, body mounts, wheel lift swivel points, and sling straps, and other tests and inspections the Department by rule requires for tow trucks.

For driver education vehicles used by public high schools, the vehicle must also be equipped with dual control brakes, a mirror on each side of the vehicle so located as to reflect to the driver a view of the highway for a distance of at least 200 feet to the rear, and a sign visible from the front and the rear identifying the vehicle as a driver education car.

For trucks, truck tractors, trailers, semi-trailers, buses, and first division vehicles including taxis which are used for a purpose that requires a school bus driver permit, the safety test shall be conducted in accordance with the Minimum Periodic Inspection Standards promulgated by the Federal Highway Administration of the U.S. Department of Transportation and contained in Appendix G to Subchapter B of Chapter III of Title 49 of the Code of Federal Regulations. Those standards, as now in effect, are made a part of this Code, in the same manner as though they were set out in full in this Code.

The passing of the safety test shall not be a bar at any time to prosecution for operating a second division vehicle, medical transport vehicle, motor vehicle used for driver education training, or vehicle designed to carry 15 or fewer passengers operated by a contract carrier as provided in this Section that is unsafe, as determined by the standards prescribed in this Code.

(Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12; 97-813, eff. 7-13-12; 97-1025, eff. 1-1-13.)

(625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)

Sec. 18c-6102. Exemptions From Commission Jurisdiction.

The provisions of this Sub-chapter shall not, except as provided in Section 18c-6501 of this Chapter, apply to:

(1) carriers owned by any political subdivision, school district, institution of higher education, or municipality, and operated either by such political subdivision, institution of higher education, or municipality or its lessee or agent;

(2) commuter vans as defined in this Code;

(3) carriers transporting passengers without fixed routes or schedules and charging on a time or distance basis, including taxicabs, charter operations, and contract bus operations;

(4) carriers transporting passengers with fixed routes and schedules and charging on a per passenger fixed charge basis and which do not include an airport as a point to be served on the route, in whole or in part;

(5) transportation in vehicles with a manufacturer's rated seating capacity of less than 8 persons, including the driver;

(6) transportation subject to the Ridesharing Arrangements and Consumer Protection Act;

(7) commuter buses offering short-haul for-hire regularly scheduled passenger transportation service within metropolitan and suburban areas, over regular routes with fixed schedules, and utilized primarily by passengers using reduced-fare, multiple-ride, or commutation tickets during morning and evening peak periods in travelling to and from their places of employment; and

(8) those persons owning and operating school buses, as defined in this Code, and regulated by other provisions of this Code.

(Source: P.A. 90-407, eff. 8-15-97; 91-357, eff. 7-29-99.)

Section 10. The Ridesharing Arrangements Act is amended by changing Sections 1, 2, and 5 and by adding Section 7 as follows:

(625 ILCS 30/1) (from Ch. 95 1/2, par. 901)

Sec. 1. This Act shall be known and may be cited as the Ridesharing Arrangements and Consumer Protection Act.

(Source: P.A. 82-656.)

(625 ILCS 30/2) (from Ch. 95 1/2, par. 902)

Sec. 2. (a) "Ridesharing arrangement" means the transportation by motor vehicle of not more than 16 persons (including the driver):

(1) for purposes incidental to another purpose of the driver, for which no fee is charged or paid except to reimburse the driver or owner of the vehicle for his operating expenses on a nonprofit basis; or

(2) when such persons are travelling between their homes and their places of employment, or places reasonably convenient thereto, for which (i) no fee is charged or paid except to reimburse the driver or owner of the vehicle for his operating expenses on a nonprofit basis, or (ii) a fee is charged in accordance with the provisions of Section 6 of this Act.

(b) "For-profit ridesharing arrangement" means:

(1) a ridesharing arrangement for which a fee is charged in accordance with Section 6 of this Act; or .

(2) a commercial ridesharing arrangement conducted in accordance with Section 7 of this Act.

(c) "Commercial ridesharing arrangement" means a ridesharing arrangement in which the method of transportation is a vehicle owned or leased for personal use, of not more than 6 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 of Section 6 of this Act.

(d) "Dispatch" means the act of facilitating a connection between drivers and passengers for commercial ridesharing arrangement using telephone, Internet, smartphone, or an electronic application, with or without an account set up between the passenger and the connecting person.

(e) "Dispatcher" means a person that performs a dispatch.

(Source: P.A. 83-1091.)

(625 ILCS 30/5) (from Ch. 95 1/2, par. 905)

Sec. 5. (a) No unit of local government, whether or not it is a home rule unit, may:

(1) license or regulate ridesharing arrangements;

(2) impose any tax or fee upon the owner or operator of a motor vehicle because of its use in a ridesharing arrangement;

(3) prohibit or regulate the charging of fees for ridesharing arrangements in accordance with Section 6 of this Act.

This Act is declared to be a denial and limitation of the powers of home rule units pursuant to paragraph (g) of Section 6 of Article VII of the Illinois Constitution.

(b) A unit of local government, whether or not it is a home rule unit, may not license or regulate commercial ridesharing arrangements, commercial ridesharing dispatchers, or commercial ridesharing drivers in a manner that is less restrictive than the regulation by the State under this Act. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

(Source: P.A. 83-1091.)

(625 ILCS 30/7 new)

Sec. 7.

(a) Commercial ridesharing arrangements are subject to the following license and registration requirements:

(1) No person shall participate as a driver in a commercial ridesharing arrangement without first securing (i) a chauffeur's license issued by the unit of local government where the vehicle used in the commercial ridesharing arrangement is registered; or (ii) if the unit of local government in which the vehicle used in a commercial ridesharing arrangement is registered does not issue chauffeur's licenses, then a chauffeur's license issued by a unit of local government in which the driver provides commercial ridesharing arrangements. If no unit of local government in which the vehicle used in a commercial ridesharing arrangement is registered or operated issues chauffeur's licenses, then the driver is not required to obtain a chauffeur's license.

(2) No person shall perform dispatches without first securing a commercial ridesharing dispatcher's license from the Department of Financial and Professional Regulation. An applicant for a commercial ridesharing dispatcher's license must submit evidence of the insurance required by item (C) of paragraph (1) of subsection (b) of this Section. This license must be renewed annually. The fee for this license shall be set by the Department of Financial and Professional Regulation. The Department of Financial and Professional Regulation shall adopt rules to implement this paragraph.

(3) No commercial ridesharing arrangement shall be conducted in a vehicle that does not have distinctive registration plates issued in accordance with the requirements of Section 3-412 of the Illinois Vehicle Code.

(b)(1) All commercial ridesharing arrangements shall be conducted under the following standards:

(A) Vehicles used for commercial ridesharing arrangements shall clearly indicate on the exterior of the vehicle that the vehicle is used for commercial ridesharing arrangements. A phone number for the dispatcher shall be clearly displayed in the interior of the vehicle.

(B) No vehicle used for commercial ridesharing arrangements shall be more than 4 years from the date of manufacture. Any vehicle used for commercial ridesharing arrangements must pass any safety inspections required by the unit of local government that issued the driver's chauffeur's license for vehicles used in transporting passengers for-hire. If the unit of local government that issued the driver's chauffeur's license does not require safety inspections for vehicles used in transporting passengers for-hire, or if the driver is not required to have a chauffeur's license under paragraph (1) of subsection (a) of this Section, then the vehicle must pass an annual safety inspection under Section 13-101 of the Illinois Vehicle Code.

(C) Dispatchers must carry commercial liability insurance in accordance with Section 12-707.01 of the Illinois Vehicle Code with coverage for the dispatcher, the driver, and the vehicle used in the commercial ridesharing arrangement. Any terms or conditions in the agreement between the dispatcher and driver, or between the dispatcher and passenger, that would act as a waiver of the dispatcher's liability to the driver, the passenger, or to the public, or as an indemnification from the driver or passenger to the dispatcher, are null, void, and unenforceable. Dispatchers must also submit proof that they will be additionally covered through a primary or drop down insurance policy that will provide coverage regardless of whether the driver's policy provides coverage.

(D) Commercial ridesharing arrangements shall be arranged solely through a dispatcher. No person shall solicit or accept potential passengers' requests for service in a commercial ridesharing arrangement via street hail, hand gestures, or verbal statements. No commercial ridesharing arrangement shall 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.

(E) No person participating in a commercial ridesharing arrangement shall collect, and dispatchers shall not charge, any fare that is more than the highest per-mile rate charged by taxicabs within the unit of local government where the commercial ridesharing arrangement is conducted. Voluntary gratuities, which are remitted directly to the driver, are not included in this provision.

(F) Drivers shall limit the number of hours that they participate in commercial ridesharing arrangements to 10 hours per 24-hour period. Dispatchers shall limit the number of hours that drivers are logged onto their systems to 10 hours per 24-hour period.

(G) If a unit of local government has requirements for licensed chauffeurs to provide service in under-served areas, drivers participating in commercial ridesharing arrangements within that unit of local government shall be subject to the same requirements for providing service in under-served areas.

(2) No person shall perform dispatches except as follows:

(A) Dispatches shall be made only to drivers licensed in accordance with subsection (a) of this Section.

(B) No less than 5% of a dispatcher's drivers' vehicles must be wheelchair accessible vehicles that meet all federal and State standards for accessibility.

(C) Dispatches shall be made only to vehicles with distinctive registration plates in accordance with paragraph (3) of subsection (a) of this Section.

(c) Any person, other than a passenger, who participates in a commercial ridesharing arrangement in violation of this Section is guilty of a violation of this Section and shall be subject to the penalties adopted by the Department of Financial and Professional Regulation by administrative rule, including, but not limited to, fines, probation, revocation of licenses, and vehicle impoundment.

(d) Any person whose property or person is injured or in danger of injury due to an actual or imminent violation of this Section may file suit in the circuit court having jurisdiction to recover any remedy permitted by law, including damages and injunctive relief.

(e) The Department of Financial and Professional Regulation shall adopt rules to implement this Section.

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