Bill Text: IL HB4075 | 2013-2014 | 98th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 16-3)
Status: (Failed) 2014-11-21 - Total Veto Stands - No Positive Action Taken [HB4075 Detail]
Download: Illinois-2013-HB4075-Enrolled.html
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning the short title.
Spectrum: Moderate Partisan Bill (Democrat 16-3)
Status: (Failed) 2014-11-21 - Total Veto Stands - No Positive Action Taken [HB4075 Detail]
Download: Illinois-2013-HB4075-Enrolled.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | ||||||
5 | Sections 1-122.7, 1-176.1, 3-412, 8-101, 13-101, and 18c-6102 | ||||||
6 | as follows:
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7 | (625 ILCS 5/1-122.7)
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8 | Sec. 1-122.7. For-profit ridesharing arrangement. The | ||||||
9 | transportation by
motor vehicle of not more than 16 persons, | ||||||
10 | including the driver, for which a
fee is charged in accordance | ||||||
11 | with Section 6 of the Ridesharing Arrangements and Consumer | ||||||
12 | Protection
Act , or a commercial ridesharing arrangement as | ||||||
13 | defined by the Ridesharing Arrangements and Consumer | ||||||
14 | Protection Act .
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15 | (Source: P.A. 90-89, eff. 1-1-98.)
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16 | (625 ILCS 5/1-176.1) (from Ch. 95 1/2, par. 1-176.1)
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17 | Sec. 1-176.1. Ridesharing arrangement. The transportation | ||||||
18 | by motor vehicle of not more than 16 persons, including
the | ||||||
19 | driver, (1) for purposes incidental to another purpose of the | ||||||
20 | driver, for
which no fee is charged or paid except to reimburse | ||||||
21 | the driver or owner of the
vehicle for his or her operating | ||||||
22 | expenses on a nonprofit basis or (2) when
these
persons are |
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1 | traveling between their homes and their places of employment, | ||||||
2 | or
places reasonably convenient thereto, for which (i) no fee | ||||||
3 | is charged or paid
except to reimburse the driver or owner of | ||||||
4 | the vehicle for his or her operating
expenses on a nonprofit | ||||||
5 | basis or (ii) a fee is charged in accordance with the
| ||||||
6 | provisions of Section 6 of the Ridesharing Arrangements and | ||||||
7 | Consumer Protection Act.
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8 | (Source: P.A. 90-89, eff. 1-1-98.)
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9 | (625 ILCS 5/3-412) (from Ch. 95 1/2, par. 3-412)
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10 | Sec. 3-412. Registration plates and registration stickers | ||||||
11 | to be
furnished by the Secretary of State. | ||||||
12 | (a) The Secretary of State upon registering a vehicle | ||||||
13 | subject to annual
registration for the first time shall issue | ||||||
14 | or shall cause to be issued to the
owner one registration plate | ||||||
15 | for a motorcycle, trailer, semitrailer, moped or | ||||||
16 | truck-tractor, 2 registration plates for other motor vehicles
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17 | and, where applicable, current registration stickers for motor | ||||||
18 | vehicles of the
first division. The provisions of this Section | ||||||
19 | may be made applicable to such
vehicles of the second division, | ||||||
20 | as the Secretary of State may, from time to
time, in his | ||||||
21 | discretion designate. On subsequent annual registrations
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22 | during the term of the registration plate as provided in | ||||||
23 | Section 3-414.1, the
Secretary shall issue or cause to be | ||||||
24 | issued registration stickers as evidence
of current | ||||||
25 | registration. However, the issuance of annual registration |
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1 | stickers
to vehicles registered under the provisions of | ||||||
2 | Sections 3-402.1 and 3-405.3 of
this Code may not be required | ||||||
3 | if the Secretary deems the issuance unnecessary.
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4 | (b) Every registration plate shall have displayed upon it | ||||||
5 | the registration
number assigned to the vehicle for which it is | ||||||
6 | issued, the name of this State,
which may be abbreviated, the | ||||||
7 | year number for which it was issued, which may
be abbreviated, | ||||||
8 | the phrase "Land of Lincoln" (except as otherwise provided in
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9 | this Code), and such other letters or numbers as the Secretary
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10 | may prescribe. However, for apportionment plates issued to | ||||||
11 | vehicles registered
under Section 3-402.1 and fleet plates | ||||||
12 | issued to vehicles registered under
Section 3-405.3, the phrase | ||||||
13 | "Land of Lincoln" may be omitted to allow for
the word | ||||||
14 | "apportioned", the word "fleet", or other similar language to | ||||||
15 | be
displayed. Registration plates issued to a vehicle | ||||||
16 | registered as a fleet
vehicle may display a designation | ||||||
17 | determined by the Secretary.
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18 | The Secretary may in his discretion prescribe
that letters | ||||||
19 | be used as prefixes only on registration plates issued to | ||||||
20 | vehicles
of the first division which are registered under this | ||||||
21 | Code and only as suffixes
on registration plates issued to | ||||||
22 | other vehicles. Every registration sticker
issued as evidence | ||||||
23 | of current registration shall designate the year number
for | ||||||
24 | which it is issued and such other letters or numbers as the | ||||||
25 | Secretary may
prescribe and shall be of a contrasting color | ||||||
26 | with the registration plates and
registration stickers of the |
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1 | previous year.
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2 | (c) Each registration plate and the required letters and | ||||||
3 | numerals thereon,
except the year number for which issued, | ||||||
4 | shall be of sufficient size to be
plainly readable from a | ||||||
5 | distance of 100 feet during daylight, and shall be
coated with | ||||||
6 | reflectorizing material. The dimensions of the plate issued to
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7 | vehicles of the first division shall be 6 by 12 inches.
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8 | (d) The Secretary of State shall issue for every passenger | ||||||
9 | motor vehicle
rented without a driver the same type of | ||||||
10 | registration plates as the type of
plates issued for a private | ||||||
11 | passenger vehicle.
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12 | (e) The Secretary of State shall issue for every passenger
| ||||||
13 | car used as a taxicab , or livery, or in a commercial | ||||||
14 | ridesharing arrangement in which the driver participates in | ||||||
15 | commercial ridesharing arrangements for more than 18 hours per | ||||||
16 | week, distinctive registration plates.
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17 | (f) The Secretary of State shall issue for every motorcycle
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18 | distinctive registration plates distinguishing between
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19 | motorcycles having 150 or more cubic centimeters piston
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20 | displacement, or having less than 150 cubic centimeter
piston | ||||||
21 | displacement.
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22 | (g) Registration plates issued to vehicles for-hire may
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23 | display a designation as determined by the Secretary that
such | ||||||
24 | vehicles are for-hire , including, but not limited to, vehicles | ||||||
25 | used as taxicabs, liveries, or in commercial ridesharing | ||||||
26 | arrangements for more than 18 hours per week .
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1 | (h) (Blank).
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2 | (i) The Secretary of State shall issue for every public and | ||||||
3 | private
ambulance registration plates identifying the vehicle | ||||||
4 | as an ambulance.
The Secretary shall forward to the Department | ||||||
5 | of Healthcare and Family Services registration
information for | ||||||
6 | the purpose of verification of claims filed with the
Department | ||||||
7 | by ambulance owners for payment for services to public | ||||||
8 | assistance
recipients.
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9 | (j) The Secretary of State shall issue for every public and | ||||||
10 | private
medical carrier or rescue vehicle livery registration | ||||||
11 | plates displaying
numbers within ranges of numbers reserved | ||||||
12 | respectively for medical carriers
and rescue vehicles. The | ||||||
13 | Secretary shall forward to the Department of Healthcare and | ||||||
14 | Family Services registration information for the purpose of | ||||||
15 | verification of claims filed
with the Department by owners of | ||||||
16 | medical carriers or rescue vehicles for
payment for services to | ||||||
17 | public assistance recipients.
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18 | (k) The Secretary of State shall issue distinctive license | ||||||
19 | plates or distinctive license plate stickers for every vehicle | ||||||
20 | exempted from subsections (a) and (a-5) of Section 12-503 by | ||||||
21 | subsection (g) of that Section, and by subsection (g-5) of that | ||||||
22 | Section before its deletion by this amendatory Act of the 95th | ||||||
23 | General Assembly. The Secretary shall issue these plates or | ||||||
24 | stickers immediately upon receiving the physician's | ||||||
25 | certification required under subsection (g) of Section 12-503. | ||||||
26 | New plates or stickers shall also be issued when the |
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1 | certification is renewed as provided in that subsection.
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2 | (l) The Secretary of State shall issue distinctive | ||||||
3 | registration plates for low-speed vehicles. | ||||||
4 | (Source: P.A. 95-202, eff. 8-16-07; 95-331, eff. 8-21-07; | ||||||
5 | 96-554, eff. 1-1-10; 96-653, eff. 1-1-10; 96-815, eff. | ||||||
6 | 10-30-09; 96-1000, eff. 7-2-10.)
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7 | (625 ILCS 5/8-101) (from Ch. 95 1/2, par. 8-101)
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8 | Sec. 8-101. Proof of financial responsibility -
Persons who | ||||||
9 | operate motor vehicles in
transportation of passengers for | ||||||
10 | hire.
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11 | (a) It is unlawful for any person, firm or corporation to | ||||||
12 | operate any motor
vehicle along or upon any public street or | ||||||
13 | highway in any incorporated
city, town or village in this State | ||||||
14 | for the carriage of passengers for
hire, accepting and | ||||||
15 | discharging all such persons as may offer themselves
for | ||||||
16 | transportation unless such person, firm or corporation has | ||||||
17 | given, and
there is in full force and effect and on file with | ||||||
18 | the Secretary of State
of Illinois, proof of financial | ||||||
19 | responsibility provided in this Act. | ||||||
20 | (b) In
addition this Section shall also apply to persons, | ||||||
21 | firms or corporations
who are in the business of providing | ||||||
22 | transportation services for minors to
or from educational or | ||||||
23 | recreational facilities, except that this Section
shall not | ||||||
24 | apply to public utilities subject to regulation under "An Act
| ||||||
25 | concerning public utilities," approved June 29, 1921, as |
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1 | amended, or to
school buses which are operated by public or | ||||||
2 | parochial schools and are
engaged solely in the transportation | ||||||
3 | of the pupils who attend such schools.
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4 | (c) This Section also applies to a contract carrier | ||||||
5 | transporting
employees in the course of their employment on a | ||||||
6 | highway of this State in a
vehicle
designed to carry 15 or | ||||||
7 | fewer passengers. As part of proof of financial responsibility, | ||||||
8 | a contract carrier transporting employees in the course of | ||||||
9 | their employment is required to verify hit and run and | ||||||
10 | uninsured motor vehicle coverage, as provided in Section 143a | ||||||
11 | of the Illinois Insurance Code, and underinsured motor vehicle | ||||||
12 | coverage, as provided in Section 143a-2 of the Illinois | ||||||
13 | Insurance Code, in a total amount of not less than $250,000 per | ||||||
14 | passenger. | ||||||
15 | (d) This Section shall not apply to
any person | ||||||
16 | participating in a ridesharing
arrangement , a for-profit | ||||||
17 | ridesharing arrangement other than a commercial ridesharing | ||||||
18 | arrangement, or operating a commuter van, but only during the | ||||||
19 | performance
of activities authorized by Sections 5 and 6 of the | ||||||
20 | Ridesharing Arrangements and Consumer Protection Act.
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21 | (e) If the person operating such motor vehicle is not the | ||||||
22 | owner, then proof
of financial responsibility filed hereunder | ||||||
23 | must provide that the owner is
primarily liable. In the case of | ||||||
24 | motor vehicles used in commercial ridesharing arrangements, | ||||||
25 | the dispatchers providing dispatch services to the driver of | ||||||
26 | the motor vehicle must submit proof that the driver will be an |
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1 | additional insured on a primary insurance policy that will | ||||||
2 | provide coverage during the time period the driver makes | ||||||
3 | himself, herself, or the vehicle available for dispatch or | ||||||
4 | while a commercial ridesharing arrangement passenger is in the | ||||||
5 | vehicle.
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6 | (Source: P.A. 94-319, eff. 1-1-06.)
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7 | (625 ILCS 5/13-101) (from Ch. 95 1/2, par. 13-101)
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8 | Sec. 13-101. Submission to safety test; Certificate of | ||||||
9 | safety. To
promote the safety of the general public, every | ||||||
10 | owner of a second division
vehicle, medical transport vehicle, | ||||||
11 | tow truck, first division vehicle including a taxi which is | ||||||
12 | used for a purpose that requires a school bus driver permit, | ||||||
13 | motor vehicle used for driver education training, motor vehicle | ||||||
14 | required to submit to safety testing under subparagraph (A) of | ||||||
15 | paragraph (1) of subsection (b) of Section 7 of the Ridesharing | ||||||
16 | Arrangements and Consumer Protection Act, or contract carrier
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17 | transporting employees in the course of their employment on a | ||||||
18 | highway of
this State in a vehicle designed to carry 15 or | ||||||
19 | fewer passengers shall,
before operating the vehicle
upon the | ||||||
20 | highways of Illinois, submit it to a "safety test" and secure a
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21 | certificate of safety furnished by the Department as set forth | ||||||
22 | in Section
13-109. Each second division motor vehicle that | ||||||
23 | pulls or draws a trailer,
semitrailer or pole trailer, with a | ||||||
24 | gross weight of more than 8,000 lbs or
is registered for a | ||||||
25 | gross weight of more than 8,000 lbs, motor bus,
religious |
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1 | organization bus, school bus, senior citizen transportation | ||||||
2 | vehicle,
and limousine shall be subject to
inspection by the | ||||||
3 | Department and the Department is authorized to
establish rules | ||||||
4 | and regulations for the implementation of such inspections.
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5 | The owners of each salvage vehicle shall submit it to a | ||||||
6 | "safety test" and
secure a certificate of safety furnished by | ||||||
7 | the Department prior to its
salvage vehicle inspection pursuant | ||||||
8 | to Section 3-308 of this Code.
In implementing and enforcing | ||||||
9 | the provisions of this Section, the
Department and other | ||||||
10 | authorized State agencies shall do so in a manner
that is not | ||||||
11 | inconsistent with any applicable federal law or regulation so
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12 | that no federal funding or support is jeopardized by the | ||||||
13 | enactment or
application of these provisions.
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14 | However, none of the provisions of Chapter 13 requiring | ||||||
15 | safety
tests or a certificate of safety shall apply to:
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16 | (a) farm tractors, machinery and implements, wagons, | ||||||
17 | wagon-trailers
or like farm vehicles used primarily in | ||||||
18 | agricultural pursuits;
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19 | (b) vehicles other than school buses, tow trucks and | ||||||
20 | medical
transport vehicles owned or operated by a municipal | ||||||
21 | corporation or
political subdivision having a population | ||||||
22 | of 1,000,000 or more inhabitants
and which are subject to | ||||||
23 | safety tests imposed by local ordinance or resolution;
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24 | (c) a semitrailer or trailer having a gross weight of | ||||||
25 | 5,000 pounds
or less including vehicle weight and maximum | ||||||
26 | load;
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1 | (d) recreational vehicles;
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2 | (e) vehicles registered as and displaying Illinois
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3 | antique vehicle plates and vehicles registered as | ||||||
4 | expanded-use antique vehicles and displaying expanded-use | ||||||
5 | antique vehicle plates;
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6 | (f) house trailers equipped and used for living | ||||||
7 | quarters;
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8 | (g) vehicles registered as and displaying Illinois | ||||||
9 | permanently
mounted equipment plates or similar vehicles | ||||||
10 | eligible therefor but
registered as governmental vehicles | ||||||
11 | provided that if said vehicle is
reclassified from a | ||||||
12 | permanently mounted equipment plate so as to lose the
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13 | exemption of not requiring a certificate of safety, such | ||||||
14 | vehicle must be
safety tested within 30 days of the | ||||||
15 | reclassification;
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16 | (h) vehicles owned or operated by a manufacturer, | ||||||
17 | dealer or
transporter displaying a special plate or plates | ||||||
18 | as described in Chapter
3 of this Code while such vehicle | ||||||
19 | is being delivered from the
manufacturing or assembly plant | ||||||
20 | directly to the purchasing dealership or
distributor, or | ||||||
21 | being temporarily road driven for quality control testing,
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22 | or from one dealer or distributor to another, or are being
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23 | moved by the most direct route from one location to another | ||||||
24 | for the
purpose of installing special bodies or equipment, | ||||||
25 | or driven for purposes
of demonstration by a prospective | ||||||
26 | buyer with the dealer or his agent present
in the cab of |
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1 | the vehicle during the demonstration;
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2 | (i) pole trailers and auxiliary axles;
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3 | (j) special mobile equipment;
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4 | (k) vehicles properly registered in another State | ||||||
5 | pursuant to law and
displaying a valid registration plate, | ||||||
6 | except vehicles of contract carriers
transporting | ||||||
7 | employees in the course of their employment on a highway of | ||||||
8 | this
State in a vehicle designed to carry 15 or fewer | ||||||
9 | passengers
are only exempted to the extent that the safety | ||||||
10 | testing
requirements applicable to such vehicles in the | ||||||
11 | state of registration
are no less stringent than the safety | ||||||
12 | testing requirements applicable
to contract carriers that | ||||||
13 | are lawfully registered in Illinois;
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14 | (l) water-well boring apparatuses or rigs;
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15 | (m) any vehicle which is owned and operated by the | ||||||
16 | federal government
and externally displays evidence of | ||||||
17 | such ownership; and
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18 | (n) second division vehicles registered for a gross | ||||||
19 | weight of 8,000
pounds or less, except when such second | ||||||
20 | division motor vehicles pull
or draw a trailer, | ||||||
21 | semi-trailer or pole trailer having a gross weight of
or | ||||||
22 | registered for a gross weight of more than 8,000 pounds; | ||||||
23 | motor buses;
religious organization buses; school buses; | ||||||
24 | senior citizen transportation
vehicles; medical transport | ||||||
25 | vehicles and tow trucks.
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26 | The safety test shall include the testing and inspection of
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1 | brakes, lights, horns, reflectors, rear vision mirrors, | ||||||
2 | mufflers,
safety chains, windshields and windshield wipers, | ||||||
3 | warning flags and
flares, frame, axle, cab and body, or cab or | ||||||
4 | body, wheels, steering
apparatus, and other safety devices and | ||||||
5 | appliances required by this Code
and such other safety tests as | ||||||
6 | the Department may by rule or regulation
require, for second | ||||||
7 | division vehicles, school buses, medical transport
vehicles, | ||||||
8 | tow trucks, first division vehicles including taxis which are | ||||||
9 | used for a purpose that requires a school bus driver permit, | ||||||
10 | motor vehicles required to submit to safety testing under | ||||||
11 | subparagraph (A) of paragraph (1) of subsection (b) of Section | ||||||
12 | 7 of the Ridesharing Arrangements and Consumer Protection Act, | ||||||
13 | motor vehicles used for driver education training, vehicles | ||||||
14 | designed to carry 15 or fewer passengers
operated by a contract | ||||||
15 | carrier transporting employees in the course of their
| ||||||
16 | employment
on a highway of this State, trailers, and
| ||||||
17 | semitrailers subject to inspection.
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18 | For tow trucks, the safety test and inspection shall also | ||||||
19 | include
the inspection of winch mountings, body panels, body
| ||||||
20 | mounts, wheel lift swivel points,
and sling straps, and other | ||||||
21 | tests and inspections the Department by
rule requires for tow | ||||||
22 | trucks.
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23 | For driver education vehicles used by public high schools, | ||||||
24 | the vehicle must also be equipped with dual control brakes, a | ||||||
25 | mirror on each side of the vehicle so located as to reflect to | ||||||
26 | the driver a view of the highway for a distance of at least 200 |
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1 | feet to the rear, and a sign visible from the front and the | ||||||
2 | rear identifying the vehicle as a driver education car. | ||||||
3 | For trucks, truck tractors, trailers, semi-trailers, | ||||||
4 | buses, and first division vehicles including taxis which are | ||||||
5 | used for a purpose that requires a school bus driver permit, | ||||||
6 | the
safety test shall be conducted in accordance with the | ||||||
7 | Minimum Periodic
Inspection Standards promulgated by the | ||||||
8 | Federal Highway Administration of
the U.S. Department of | ||||||
9 | Transportation and contained in Appendix G to
Subchapter B of | ||||||
10 | Chapter III of Title 49 of the Code of Federal Regulations.
| ||||||
11 | Those standards, as now in effect, are made a part of this | ||||||
12 | Code, in the
same manner as though they were set out in full in | ||||||
13 | this Code.
| ||||||
14 | The passing of the safety test shall not be a bar at any | ||||||
15 | time to
prosecution for operating a second division vehicle, | ||||||
16 | medical
transport
vehicle, motor vehicle used for driver | ||||||
17 | education training, or vehicle designed to carry 15 or fewer | ||||||
18 | passengers operated by a
contract carrier as provided in this | ||||||
19 | Section that is unsafe, as determined by
the standards | ||||||
20 | prescribed in this Code.
| ||||||
21 | (Source: P.A. 97-224, eff. 7-28-11; 97-412, eff. 1-1-12; | ||||||
22 | 97-813, eff. 7-13-12; 97-1025, eff. 1-1-13.)
| ||||||
23 | (625 ILCS 5/18c-6102) (from Ch. 95 1/2, par. 18c-6102)
| ||||||
24 | Sec. 18c-6102. Exemptions From Commission Jurisdiction.
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25 | The provisions of this Sub-chapter shall not, except as |
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| |||||||
1 | provided
in Section 18c-6501 of this Chapter, apply to:
| ||||||
2 | (1) carriers owned by any political subdivision, school | ||||||
3 | district,
institution of higher education, or municipality, | ||||||
4 | and operated either by
such political subdivision, institution | ||||||
5 | of higher education, or
municipality or its lessee or agent;
| ||||||
6 | (2) commuter vans as defined in this Code;
| ||||||
7 | (3) carriers transporting passengers without fixed routes | ||||||
8 | or
schedules and charging on a time or distance basis, | ||||||
9 | including
taxicabs, charter operations, and contract bus | ||||||
10 | operations;
| ||||||
11 | (4) carriers transporting passengers with fixed routes and | ||||||
12 | schedules
and charging on a per passenger fixed charge basis | ||||||
13 | and which do not include
an airport as a point to be served on | ||||||
14 | the route, in whole or in part;
| ||||||
15 | (5) transportation in vehicles with a manufacturer's rated
| ||||||
16 | seating capacity of less than 8 persons, including the
driver;
| ||||||
17 | (6) transportation subject to the Ridesharing Arrangements | ||||||
18 | and Consumer Protection Act;
| ||||||
19 | (7) commuter buses offering short-haul for-hire regularly | ||||||
20 | scheduled
passenger transportation service within metropolitan | ||||||
21 | and suburban areas,
over regular routes with fixed schedules, | ||||||
22 | and utilized primarily by
passengers using reduced-fare, | ||||||
23 | multiple-ride, or commutation tickets during
morning and | ||||||
24 | evening peak periods in travelling to and from their places of
| ||||||
25 | employment; and
| ||||||
26 | (8) those persons owning and operating school buses, as |
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| |||||||
1 | defined in this
Code, and regulated by other provisions of this
| ||||||
2 | Code.
| ||||||
3 | (Source: P.A. 90-407, eff. 8-15-97; 91-357, eff. 7-29-99.)
| ||||||
4 | Section 10. The Ridesharing Arrangements Act is amended by | ||||||
5 | changing Sections 1, 2, and 5 and by adding Section 7 as | ||||||
6 | follows:
| ||||||
7 | (625 ILCS 30/1) (from Ch. 95 1/2, par. 901)
| ||||||
8 | Sec. 1.
This Act shall be known and may be cited as the | ||||||
9 | Ridesharing Arrangements and Consumer Protection Act.
| ||||||
10 | (Source: P.A. 82-656.)
| ||||||
11 | (625 ILCS 30/2) (from Ch. 95 1/2, par. 902)
| ||||||
12 | Sec. 2.
(a) "Ridesharing arrangement" means the | ||||||
13 | transportation by motor
vehicle of not more than 16 persons | ||||||
14 | (including the driver):
| ||||||
15 | (1) for purposes incidental to another purpose of the | ||||||
16 | driver, for which
no fee is charged or paid except to reimburse | ||||||
17 | the driver or owner of the
vehicle for his operating expenses | ||||||
18 | on a nonprofit basis; or
| ||||||
19 | (2) when such persons are travelling between their homes | ||||||
20 | and their places
of employment, or places reasonably convenient | ||||||
21 | thereto, for which (i) no
fee is charged or paid except to | ||||||
22 | reimburse the driver or owner of the vehicle
for his operating | ||||||
23 | expenses on a nonprofit basis, or (ii) a fee is charged
in |
| |||||||
| |||||||
1 | accordance with the provisions of Section 6 of this Act.
| ||||||
2 | (b) "For-profit ridesharing arrangement" means : | ||||||
3 | (1) a ridesharing arrangement for
which a fee is | ||||||
4 | charged in accordance with Section 6 of this Act ; or .
| ||||||
5 | (2) a commercial ridesharing arrangement conducted in | ||||||
6 | accordance with Section 7 of this Act. | ||||||
7 | (c) "Commercial ridesharing arrangement" means a | ||||||
8 | ridesharing arrangement in which the method of transportation | ||||||
9 | is a vehicle owned or leased for personal use, of not more than | ||||||
10 | 6 persons (including the driver), prearranged through a | ||||||
11 | dispatcher, and for which a fee is charged, but that is not | ||||||
12 | provided in accordance with the limitations of Section 6 of | ||||||
13 | this Act. "Commercial ridesharing arrangement" includes a | ||||||
14 | for-hire public passenger vehicle licensed by a unit of local | ||||||
15 | government as a taxicab, but only for the purpose of | ||||||
16 | establishing a fare under subparagraph (D) of paragraph (1) of | ||||||
17 | subsection (b) of Section 7, when the driver of the taxicab | ||||||
18 | receives a dispatch using Internet, smartphone, or an | ||||||
19 | electronic application from a dispatcher. | ||||||
20 | (d) "Dispatch" means the act of facilitating a connection | ||||||
21 | between drivers and passengers for a commercial ridesharing | ||||||
22 | arrangement using telephone, Internet, smartphone, or an | ||||||
23 | electronic application, with or without an account set up | ||||||
24 | between the passenger and the connecting person. | ||||||
25 | (e) "Dispatcher" means a person that performs a dispatch. | ||||||
26 | (Source: P.A. 83-1091.)
|
| |||||||
| |||||||
1 | (625 ILCS 30/5) (from Ch. 95 1/2, par. 905)
| ||||||
2 | Sec. 5. (a) No unit of local government, whether or not it | ||||||
3 | is a home rule unit, may:
| ||||||
4 | (1) license or regulate ridesharing arrangements;
| ||||||
5 | (2) impose any tax or fee upon the owner or operator of a | ||||||
6 | motor vehicle
because of its use in a ridesharing arrangement;
| ||||||
7 | (3) prohibit or regulate the charging of fees for | ||||||
8 | ridesharing arrangements
in accordance with Section 6 of this | ||||||
9 | Act.
| ||||||
10 | This Act , as it applies to ridesharing arrangements, is | ||||||
11 | declared to be a denial and limitation of the powers of home
| ||||||
12 | rule units pursuant to paragraph (g) of Section 6 of Article | ||||||
13 | VII of the
Illinois Constitution.
| ||||||
14 | (b) Other than with respect to paragraph (1) of subsection | ||||||
15 | (a) of Section 7 of this Act and subparagraph (D) of paragraph | ||||||
16 | (1) of subsection (b) of Section 7 of this Act, a unit of local | ||||||
17 | government, whether or not it is a home rule unit, may not | ||||||
18 | license or regulate commercial ridesharing arrangements, | ||||||
19 | dispatchers, or drivers participating in commercial | ||||||
20 | ridesharing arrangements in a manner that is less restrictive | ||||||
21 | than the regulation by the State under this Act. This | ||||||
22 | subsection (b) is a limitation under subsection (i) of Section | ||||||
23 | 6 of Article VII of the Illinois Constitution on the concurrent | ||||||
24 | exercise by home rule units of powers and functions exercised | ||||||
25 | by the State. |
| |||||||
| |||||||
1 | (c) A unit of local government, whether or not it is a home | ||||||
2 | rule unit, may not license or regulate commercial ridesharing | ||||||
3 | arrangements, dispatchers, or drivers participating in | ||||||
4 | commercial ridesharing arrangements in a manner that is | ||||||
5 | inconsistent with paragraph (1) of subsection (a) of Section 7 | ||||||
6 | of this Act or that is inconsistent with subparagraph (D) of | ||||||
7 | paragraph (1) of subsection (b) of Section 7 of this Act. This | ||||||
8 | subsection (c) is a limitation under subsection (i) of Section | ||||||
9 | 6 of Article VII of the Illinois Constitution on the concurrent | ||||||
10 | exercise by home rule units of powers and functions exercised | ||||||
11 | by the State. | ||||||
12 | (Source: P.A. 83-1091.)
| ||||||
13 | (625 ILCS 30/7 new) | ||||||
14 | Sec. 7. (a) Commercial ridesharing arrangements are | ||||||
15 | subject to the following license and registration | ||||||
16 | requirements: | ||||||
17 | (1) No person shall participate as a driver in | ||||||
18 | commercial ridesharing arrangements for more than 18 hours | ||||||
19 | per week without first securing (i) a chauffeur's license | ||||||
20 | issued by the unit of local government where the vehicle | ||||||
21 | used in the commercial ridesharing arrangement is | ||||||
22 | registered; or (ii) if the unit of local government in | ||||||
23 | which the vehicle used in a commercial ridesharing | ||||||
24 | arrangement is registered does not issue chauffeur's | ||||||
25 | licenses, then a chauffeur's license issued by a unit of |
| |||||||
| |||||||
1 | local government in which the driver provides commercial | ||||||
2 | ridesharing arrangements. If no unit of local government in | ||||||
3 | which the vehicle used in a commercial ridesharing | ||||||
4 | arrangement is registered or operated issues chauffeur's | ||||||
5 | licenses or if the driver of the commercial ridesharing | ||||||
6 | arrangement does not participate in commercial ridesharing | ||||||
7 | arrangements for more than 18 hours per week, then the | ||||||
8 | driver is not required to obtain a chauffeur's license; | ||||||
9 | provided, however, that the dispatcher shall conduct a | ||||||
10 | background check of a prospective driver prior to | ||||||
11 | dispatching commercial ridesharing arrangements to that | ||||||
12 | driver and shall certify in the reports required by | ||||||
13 | subsection (h) of this Section 7 that the driver is | ||||||
14 | participating in a commercial ridesharing arrangement for | ||||||
15 | 18 or fewer hours per week. | ||||||
16 | (2) No person shall perform dispatches without first | ||||||
17 | securing a commercial ridesharing dispatcher's license | ||||||
18 | from the Department of Financial and Professional | ||||||
19 | Regulation. An applicant for a commercial ridesharing | ||||||
20 | dispatcher's license must submit evidence of the insurance | ||||||
21 | required by item (B) of paragraph (1) of subsection (b) of | ||||||
22 | this Section. This license must be renewed annually. The | ||||||
23 | fee for this license shall be set by the Department of | ||||||
24 | Financial and Professional Regulation. The Department of | ||||||
25 | Financial and Professional Regulation shall adopt rules to | ||||||
26 | implement this paragraph. |
| |||||||
| |||||||
1 | (3) No commercial ridesharing arrangement shall be | ||||||
2 | conducted in a vehicle that does not have distinctive | ||||||
3 | registration plates issued in accordance with the | ||||||
4 | requirements of Section 3-412 of the Illinois Vehicle Code | ||||||
5 | if the driver or the vehicle participates in commercial | ||||||
6 | ridesharing arrangements for more than 18 hours per week. | ||||||
7 | (b)(1) All commercial ridesharing arrangements shall be | ||||||
8 | conducted under the following standards: | ||||||
9 | (A) A vehicle used for commercial ridesharing | ||||||
10 | arrangements for more than 18 hours per week must | ||||||
11 | conform to the age requirements for vehicles used for | ||||||
12 | transporting passengers for hire adopted by the unit of | ||||||
13 | local government in which the vehicle is registered. | ||||||
14 | Any vehicle used for commercial ridesharing | ||||||
15 | arrangements for more than 18 hours per week must pass | ||||||
16 | any safety inspections required by the unit of local | ||||||
17 | government that issued the driver's chauffeur's | ||||||
18 | license for vehicles used in transporting passengers | ||||||
19 | for-hire. If the unit of local government that issued | ||||||
20 | the driver's chauffeur's license does not require | ||||||
21 | safety inspections for vehicles used in transporting | ||||||
22 | passengers for-hire, or if the driver is not required | ||||||
23 | to have a chauffeur's license under paragraph (1) of | ||||||
24 | subsection (a) of this Section, then the vehicle must | ||||||
25 | pass an annual safety inspection that the dispatcher | ||||||
26 | certifies as meeting the requirements of Section |
| |||||||
| |||||||
1 | 13-101 of the Illinois Vehicle Code. | ||||||
2 | (B) Dispatchers must carry commercial liability | ||||||
3 | insurance in accordance with Section 12-707.01 of the | ||||||
4 | Illinois Vehicle Code with primary coverage for the | ||||||
5 | dispatcher, the driver, and the vehicle used in the | ||||||
6 | commercial ridesharing arrangement during the time | ||||||
7 | period when the driver makes himself, herself, or the | ||||||
8 | vehicle available for dispatch or while a commercial | ||||||
9 | ridesharing arrangement passenger is in the vehicle. | ||||||
10 | Any terms or conditions in the agreement between the | ||||||
11 | dispatcher and driver, or between the dispatcher and | ||||||
12 | passenger, that would act as a waiver of the | ||||||
13 | dispatcher's liability to the driver, the passenger, | ||||||
14 | or to the public, or as an indemnification from the | ||||||
15 | driver or passenger to the dispatcher, are null, void, | ||||||
16 | and unenforceable. | ||||||
17 | (C) Commercial ridesharing arrangements shall be | ||||||
18 | arranged solely through a dispatcher. No person shall | ||||||
19 | solicit or accept potential passengers' requests for | ||||||
20 | service in a commercial ridesharing arrangement via | ||||||
21 | street hail, hand gestures, or verbal statements. No | ||||||
22 | commercial ridesharing arrangement shall pick up or | ||||||
23 | discharge a passenger at any place prohibited by the | ||||||
24 | unit of local government in which the commercial | ||||||
25 | ridesharing arrangement is conducted, or at any | ||||||
26 | designated taxicab stands, queues, or loading zones. |
| |||||||
| |||||||
1 | (D) Any vehicle, including a taxicab, used in | ||||||
2 | commercial ridesharing arrangements shall have its | ||||||
3 | fare established by a dispatcher who has provided | ||||||
4 | notice of the amount of the fare to a prospective | ||||||
5 | passenger prior to obtaining the prospective | ||||||
6 | passenger's agreement for the fare. | ||||||
7 | (E) If a unit of local government has requirements | ||||||
8 | for licensed chauffeurs to provide service in | ||||||
9 | under-served areas, drivers participating in | ||||||
10 | commercial ridesharing arrangements within that unit | ||||||
11 | of local government shall be subject to the same | ||||||
12 | requirements for providing service in under-served | ||||||
13 | areas. | ||||||
14 | (F) If a unit of local government has requirements | ||||||
15 | for licensed chauffeurs to provide wheelchair | ||||||
16 | accessible vehicles, drivers participating in | ||||||
17 | commercial ridesharing arrangements within that unit | ||||||
18 | of local government's jurisdiction shall be subject to | ||||||
19 | the same requirements for providing wheelchair | ||||||
20 | accessible vehicles. | ||||||
21 | (2) No person shall perform dispatches except as | ||||||
22 | follows: | ||||||
23 | (A) Dispatches shall be made only to drivers | ||||||
24 | licensed in accordance with subsection (a) of this | ||||||
25 | Section. | ||||||
26 | (B) If distinctive registration plates are |
| |||||||
| |||||||
1 | required by paragraph (3) of subsection (a) of this | ||||||
2 | Section, then a dispatcher shall ensure that the | ||||||
3 | vehicle has the distinctive registration plates prior | ||||||
4 | to dispatching to that vehicle. | ||||||
5 | (c) Any person, other than a passenger, who participates in | ||||||
6 | a commercial ridesharing arrangement in violation of this | ||||||
7 | Section is guilty of a violation of this Section and shall be | ||||||
8 | subject to the penalties adopted by the Department of Financial | ||||||
9 | and Professional Regulation by administrative rule, including, | ||||||
10 | but not limited to, fines, probation, revocation of licenses, | ||||||
11 | and vehicle impoundment. | ||||||
12 | (d) Any person whose property or person is injured or in | ||||||
13 | danger of injury due to an actual or imminent violation of this | ||||||
14 | Section may file suit in the circuit court having jurisdiction | ||||||
15 | to recover any remedy permitted by law, including damages and | ||||||
16 | injunctive relief. | ||||||
17 | (e) A dispatcher shall assume liability, including the | ||||||
18 | costs of defense and indemnification, for a claim in which a | ||||||
19 | dispute exists as to whether the loss or injury giving rise to | ||||||
20 | the claim occurred while a vehicle involved in the incident | ||||||
21 | giving rise to the claim was made available for dispatch or | ||||||
22 | while a commercial ridesharing arrangement passenger is in the | ||||||
23 | vehicle. The dispatcher must notify the registered owner of the | ||||||
24 | vehicle and the registered owner's insurer of the dispute | ||||||
25 | within 25 business days of receiving notice of the accident | ||||||
26 | that gives rise to the claim.
If a private passenger motor |
| |||||||
| |||||||
1 | vehicle's registered owner or its insurer is named as a | ||||||
2 | defendant in a civil action for any loss or injury that occurs | ||||||
3 | during the time the vehicle is made available for dispatch, the | ||||||
4 | dispatcher shall have the duty to defend and indemnify the | ||||||
5 | vehicle's registered owner and its insurers. | ||||||
6 | (f) Notwithstanding any provision in the vehicle owner's | ||||||
7 | insurance policy or any other provision of this Act, the | ||||||
8 | insurer providing coverage to the owner of a private passenger | ||||||
9 | motor vehicle may exclude any and all coverage and the duty to | ||||||
10 | defend afforded under the owner's insurance policy for any loss | ||||||
11 | or injury that occurs while the vehicle is made available for | ||||||
12 | dispatch or while a commercial ridesharing arrangement | ||||||
13 | passenger is in the vehicle. This right to exclude coverage and | ||||||
14 | the duty to indemnify and defend applies to all coverage | ||||||
15 | provided by the registered owner's insurer including, but not | ||||||
16 | limited to: | ||||||
17 | (1) liability and physical damage coverage; | ||||||
18 | (2) personal injury protection coverage; | ||||||
19 | (3) uninsured and underinsured motorist coverage; | ||||||
20 | (4) medical payment coverage for persons using or | ||||||
21 | occupying the registered vehicle; | ||||||
22 | (5) comprehensive physical damage coverage; and | ||||||
23 | (6) collision physical damage coverage. | ||||||
24 | (g) A dispatcher must, prior to the first use of a vehicle | ||||||
25 | in a commercial ridesharing arrangement, and upon renewal, | ||||||
26 | cancellation, or change in insurance by the dispatcher, provide |
| |||||||
| |||||||
1 | the vehicle's registered owner and any driver of the vehicle | ||||||
2 | with a disclosure that contains: | ||||||
3 | (1) information explaining the insurance requirements | ||||||
4 | of this Section; | ||||||
5 | (2) information explaining the coverage and coverage | ||||||
6 | limits provided under the dispatcher's insurance policy; | ||||||
7 | (3) notice that the dispatcher assumes all liability | ||||||
8 | for any loss or injury that occurs while the vehicle is | ||||||
9 | made available for dispatch or while a commercial | ||||||
10 | ridesharing arrangement passenger is in the vehicle; and | ||||||
11 | (4) notice that the dispatcher provides insurance on | ||||||
12 | the vehicle while the vehicle is made available for | ||||||
13 | dispatch or while a commercial ridesharing arrangement | ||||||
14 | passenger is in the vehicle that is comparable to a | ||||||
15 | standard owner's insurance policy and that the vehicle's | ||||||
16 | registered owner's insurance policy may exclude all | ||||||
17 | coverage and the duty to defend or indemnify any person or | ||||||
18 | organization for liability for any loss or injury that | ||||||
19 | occurs while the vehicle is made available for dispatch or | ||||||
20 | while a commercial ridesharing arrangement passenger is in | ||||||
21 | the vehicle. | ||||||
22 | (h) For each vehicle used in a commercial ridesharing | ||||||
23 | arrangement a dispatcher must collect, maintain, and make | ||||||
24 | available to the vehicle's registered owner, the vehicle's | ||||||
25 | registered owner's primary automobile liability insurer, and | ||||||
26 | any government agency as required by law, at the cost of the |
| |||||||
| |||||||
1 | dispatcher, the following: | ||||||
2 | (1) records that identify the date and duration the | ||||||
3 | driver makes himself, herself, or the vehicle available for | ||||||
4 | dispatch. For vehicles with an electronic tracking device, | ||||||
5 | electronic records of the time, initial and final locations | ||||||
6 | of the vehicle, and miles driven when the vehicle is under | ||||||
7 | the control of a person other than the vehicle's registered | ||||||
8 | owner under a commercial ridesharing arrangement; and | ||||||
9 | (2) in instances where an insurance claim has been | ||||||
10 | filed, any and all information, including payments to the | ||||||
11 | registered owner by the dispatcher, concerning accidents, | ||||||
12 | damages, or injuries. | ||||||
13 | (i) The Department of Financial and Professional | ||||||
14 | Regulation shall adopt rules to implement this Section.
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
|