Public Act 097-0595
 
SB0959 EnrolledLRB097 04683 HEP 44722 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-305, 6-305.3, 18c-4201, 18c-4203, and 18c-4204 as
follows:
 
    (625 ILCS 5/6-305)  (from Ch. 95 1/2, par. 6-305)
    Sec. 6-305. Renting motor vehicle to another.
    (a) No person shall rent a motor vehicle to any other
person unless the latter person, or a driver designated by a
nondriver with disabilities and meeting any minimum age and
driver's record requirements that are uniformly applied by the
person renting a motor vehicle, is then duly licensed hereunder
or, in the case of a nonresident, then duly licensed under the
laws of the State or country of his residence unless the State
or country of his residence does not require that a driver be
licensed.
    (b) No person shall rent a motor vehicle to another until
he has inspected the drivers license of the person to whom the
vehicle is to be rented, or by whom it is to be driven, and
compared and verified the signature thereon with the signature
of such person written in his presence unless, in the case of a
nonresident, the State or country wherein the nonresident
resides does not require that a driver be licensed.
    (c) No person shall rent a motorcycle to another unless the
latter person is then duly licensed hereunder as a motorcycle
operator, and in the case of a nonresident, then duly licensed
under the laws of the State or country of his residence, unless
the State or country of his residence does not require that a
driver be licensed.
    (c-1) A rental car company that rents a motor vehicle shall
ensure that the renter is provided with an emergency telephone
number to personnel capable of fielding roadside assistance and
other customer service inquiries, including the ability to
provide the caller with the telephone number of the location
from which the vehicle was rented, if requested by the caller.
If an owner's manual is not available in the vehicle at the
time of the rental, an owner's manual for that vehicle or a
similar model shall be accessible by the personnel answering
the emergency telephone number for assistance with inquiries
about the operation of the vehicle.
    (d) (Blank).
    (e) (Blank).
    (f) Subject to subsection (l), any person who rents a motor
vehicle to another shall only advertise, quote, and charge a
rental rate that includes the entire amount except taxes, and a
mileage charge, and airport concession charge, if any, which a
renter must pay to hire or lease the vehicle for the period of
time to which the rental rate applies. The person must provide,
on the request of the renter, based on the available
information, an estimated total of the daily rental rate,
including all applicable taxes, fees, and other charges, or an
estimated total rental charge, based on the return date of the
vehicle noted on the rental agreement. Further, if the rental
agreement does not already provide an estimated total rental
charge, the following statement must be included in the rental
agreement:
    "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
    AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL
    RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN
    ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN
    DATE NOTED ON THIS AGREEMENT."
    Such person shall not charge in addition to the rental
rate, taxes, and mileage charge, and airport concession charge,
if any, any fee which must be paid by the renter as a condition
of hiring or leasing the vehicle, such as, but not limited to,
required fuel or airport surcharges, nor any fee for
transporting the renter to the location where the rented
vehicle will be delivered to the renter. In addition to the
rental rate, taxes, and mileage charge, and airport concession
charge, if any, such person may charge for an item or service
provided in connection with a particular rental transaction if
the renter can avoid incurring the charge by choosing not to
obtain or utilize the optional item or service. Items and
services for which such person may impose an additional charge
include, but are not limited to, optional insurance and
accessories requested by the renter, service charges incident
to the renter's optional return of the vehicle to a location
other than the location where the vehicle was hired or leased,
and charges for refueling the vehicle at the conclusion of the
rental transaction in the event the renter did not return the
vehicle with as much fuel as was in the fuel tank at the
beginning of the rental. "Airport concession charge" means a
charge or fee imposed and collected from a renter to reimburse
the motor vehicle rental company for the concession fee it is
required to pay to a local government corporate authority or
airport authority to rent motor vehicles at the airport
facility. The airport concession charge is in addition to any
customer facility charge or any other charge.
    (g) Every person renting a motor vehicle to another shall
keep a record of the registration number of the motor vehicle
so rented, the name and address of the person to whom the
vehicle is rented, the number of the license, if any, of said
latter person, and the date and place when and where the
license, if any, was issued. Such record shall be open to
inspection by any police officer or designated agent of the
Secretary of State.
    (h) A person licensed as a new car dealer under Section
5-101 of this Code shall not be subject to the provisions of
this Section regarding the rental of private passenger motor
vehicles when providing, free of charge, temporary substitute
vehicles for customers to operate during a period when a
customer's vehicle, which is either leased or owned by that
customer, is being repaired, serviced, replaced or otherwise
made unavailable to the customer in accordance with an
agreement with the licensed new car dealer or vehicle
manufacturer, so long as the customer orally or in writing is
made aware that the temporary substitute vehicle will be
covered by his or her insurance policy and the customer shall
only be liable to the extent of any amount deductible from such
insurance coverage in accordance with the terms of the policy.
    (i) This Section, except the requirements of subsection
(g), also applies to rental agreements of 30 continuous days or
less involving a motor vehicle that was delivered by an out of
State person or business to a renter in this State.
    (j) A public airport may, if approved by its local
government corporate authorities or its airport authority,
impose a customer facility charge upon customers of rental car
companies for the purposes of financing, designing,
constructing, operating, and maintaining consolidated car
rental facilities and common use transportation equipment and
facilities, which are used to transport the customer,
connecting consolidated car rental facilities with other
airport facilities.
    Notwithstanding subsection (f) of this Section, the
customer facility charge shall be collected by the rental car
company as a separate charge, and clearly indicated as a
separate charge on the rental agreement and invoice. Facility
charges shall be immediately deposited into a trust account for
the benefit of the airport and remitted at the direction of the
airport, but not more often than once per month. The charge
shall be uniformly calculated on a per-contract or per-day
basis. Facility charges imposed by the airport may not exceed
the reasonable costs of financing, designing, constructing,
operating, and maintaining the consolidated car rental
facilities and common use transportation equipment and
facilities and may not be used for any other purpose.
    Notwithstanding any other provision of law, the charges
collected under this Section are not subject to retailer
occupation, sales, use, or transaction taxes.
    (k) When a rental car company states a rental rate in any
of its rate advertisements, its proprietary computer
reservation systems, or its in-person quotations intended to
apply to an airport rental, a company that collects from its
customers a customer facility charge for that rental under
subsection (j) shall do all of the following:
        (1) Clearly and conspicuously disclose in any radio,
    television, or other electronic media advertisements the
    existence and amount of the charge if the advertisement is
    intended for rentals at an airport imposing the charge or,
    if the advertisement covers an area with multiple airports
    with different charges, a range of amounts of customer
    facility charges if the advertisement is intended for
    rentals at an airport imposing the charge.
        (2) Clearly and conspicuously disclose in any print
    rate advertising the existence and amount of the charge if
    the advertisement is intended for rentals at an airport
    imposing the charge or, if the print rate advertisement
    covers an area with multiple airports with different
    charges, a range of amounts of customer facility charges if
    the advertisement is intended for rentals at an airport
    imposing the charge.
        (3) Clearly and conspicuously disclose the existence
    and amount of the charge in any telephonic, in-person, or
    computer-transmitted quotation from the rental car
    company's proprietary computer reservation system at the
    time of making an initial quotation of a rental rate if the
    quotation is made by a rental car company location at an
    airport imposing the charge and at the time of making a
    reservation of a rental car if the reservation is made by a
    rental car company location at an airport imposing the
    charge.
        (4) Clearly and conspicuously display the charge in any
    proprietary computer-assisted reservation or transaction
    directly between the rental car company and the customer,
    shown or referenced on the same page on the computer screen
    viewed by the customer as the displayed rental rate and in
    a print size not smaller than the print size of the rental
    rate.
        (5) Clearly and conspicuously disclose and separately
    identify the existence and amount of the charge on its
    rental agreement.
        (6) A rental car company that collects from its
    customers a customer facility charge under subsection (j)
    and engages in a practice which does not comply with
    subsections (f), (j), and (k) commits an unlawful practice
    within the meaning of the Consumer Fraud and Deceptive
    Business Practices Act.
    (l) Notwithstanding subsection (f), any person who rents a
motor vehicle to another may, in connection with the rental of
a motor vehicle to (i) a business renter or (ii) a business
program sponsor under the sponsor's business program, do the
following:
        (1) separately quote, by telephone, in person, or by
    computer transmission, additional charges for the rental;
    and
        (2) separately impose additional charges for the
    rental.
    (m) As used in this Section:
        (1) "Additional charges" means charges other than: (i)
    a per period base rental rate; (ii) a mileage charge; (iii)
    taxes; or (iv) a customer facility charge.
        (2) "Business program" means:
            (A) a contract between a person who rents motor
        vehicles and a business program sponsor that
        establishes rental rates at which the person will rent
        motor vehicles to persons authorized by the sponsor; or
            (B) a plan, program, or other arrangement
        established by a person who rents motor vehicles at the
        request of, or with the consent of, a business program
        sponsor under which the person offers to rent motor
        vehicles to persons authorized by the sponsor on terms
        that are not the same as those generally offered by the
        rental company to the public.
        (3) "Business program sponsor" means any legal entity
    other than a natural person, including a corporation,
    limited liability company, partnership, government,
    municipality or agency, or a natural person operating a
    business as a sole proprietor.
        (4) "Business renter" means any person renting a motor
    vehicle for business purposes or, for any business program
    sponsor, a person who is authorized by the sponsor to enter
    into a rental contract under the sponsor's business
    program. "Business renter" does not include a person
    renting as:
            (A) a non-employee member of a not-for-profit
        organization;
            (B) the purchaser of a voucher or other prepaid
        rental arrangement from a person, including a tour
        operator, engaged in the business of reselling those
        vouchers or prepaid rental arrangements to the general
        public;
            (C) an individual whose car rental is eligible for
        reimbursement in whole or in part as a result of the
        person being insured or provided coverage under a
        policy of insurance issued by an insurance company; or
            (D) an individual whose car rental is eligible for
        reimbursement in whole or in part as a result of the
        person purchasing motor vehicle repair services from a
        person licensed to perform those services.
(Source: P.A. 94-717, eff. 12-19-05; 95-770, eff. 1-1-09.)
 
    (625 ILCS 5/6-305.3)
    Sec. 6-305.3. Vehicle license cost recovery fee.
    (a) As used in this Section:
    "Motor vehicle Automobile rental company" means a person or
entity whose primary business is renting motor private
passenger vehicles to the public for 30 days or less.
    "Inspect" or "inspection" means a vehicle emissions
inspection under Chapter 13C of this Code.
    "Rental agreement" means an agreement for 30 days or less
setting forth the terms and conditions governing the use of a
motor private passenger vehicle provided by a rental company.
    "Motor vehicle" means motor passenger vehicles of the first
division and motor vehicles of the second division weighing not
more than 8,000 pounds.
    "Vehicle license cost recovery fee" or "VLCRF" means a
charge that may be separately stated and charged on a rental
agreement in a vehicle rental transaction originating in
Illinois to recover costs incurred either directly or
indirectly by a motor vehicle an automobile rental company to
license, title, register, and inspect motor vehicles.
    (b) Motor vehicle Automobile rental companies may include a
separately stated mandatory surcharge or fee in a rental
agreement for vehicle license cost recovery fees (VLCRF) and
all applicable taxes.
    (c) If a motor vehicle an automobile rental company
includes a VLCRF as separately stated charge in a rental
agreement, the amount of the fee must represent the motor
vehicle automobile rental company's good-faith estimate of the
automobile rental company's daily charge as calculated by the
motor vehicle automobile rental company to recover its actual
total annual motor vehicle titling, registration, and
inspection costs.
    (d) If the total amount of the VLCRF collected by a motor
vehicle automobile rental company under this Section in any
calendar year exceeds the motor vehicle automobile rental
company's actual costs to license, title, register, and inspect
for that calendar year, the motor vehicle automobile rental
company shall do both of the following:
        (1) Retain the excess amount; and
        (2) Adjust the estimated average per vehicle titling,
    licensing, inspection, and registration charge for the
    following calendar year by a corresponding amount.
    (e) Nothing in subsection (d) of this Section shall prevent
a motor vehicle automobile rental company from making
adjustments to the VLCRF during the calendar year.
(Source: P.A. 96-37, eff. 7-13-09.)
 
    (625 ILCS 5/18c-4201)  (from Ch. 95 1/2, par. 18c-4201)
    Sec. 18c-4201. Licensing cases.
    (1) Scope of Section. The provisions of this Chapter
relating to household goods carrier licensing apply to
applications:
        (a) For a license authorizing a carrier to operate as
    an intrastate household goods carrier;
        (b) To transfer a certificate, permit, or license or to
    change the name on a certificate, permit, or license; and
        (c) To convert household goods contract carrier
    authority to household goods common carrier authority.
    (2) Form and content of household goods carrier licensing
applications. Household goods carrier licensing applications
shall be on such forms and contain such information as may be
prescribed by the Commission, be verified under oath, and shall
be accompanied by the required filing fee.
    (3) Public notice of applications.
        (a) Review of applications prior to publication. The
    Commission may provide for preliminary review of each
    application to determine if it is complete, if it gives
    adequate notice, and if the authority requested is
    unenforceably vague or otherwise contrary to the
    provisions of this Chapter.
        (b) Authorization to submit application for
    publication. If the Commission determines after review
    that the application is defective in any respect, it shall
    promptly notify the applicant. No application shall be
    submitted to the official newspaper for publication until
    after it has been approved for publication, if the
    Commission has provided for preliminary review. If the
    Commission does not find that the application is defective,
    or if it finds that any defects have been removed by
    amendment, the applicant shall be permitted to submit the
    application to the official newspaper for publication. The
    Commission shall complete its review and notify the
    applicant within 15 days after filing of the application.
        (c) Additional notice prescribed by the Commission.
    The Commission may direct applicant to give such further
    notice in connection with its application as the Commission
    deems necessary. The Commission may, itself, give such
    additional notice as it deems necessary.
    (4) Hearing on licensing applications.
        (a) Participation at hearing. Any person having
    standing to participate under this Chapter may appear and
    participate in a hearing before the Commission to the
    extent of its standing, provided that the person has
    complied with Commission regulations concerning the filing
    of petitions for leave to intervene and like pleadings.
    Petitions for leave to intervene must be filed within 15
    days after publication, unless the Commission provides for
    filing at a later date. The Commission may permit
    additional persons to appear and participate, on such terms
    as the Commission shall prescribe, where such
    participation is deemed necessary to an informed and just
    resolution of the issues in the proceeding. No shipper
    representative shall be permitted to testify in support of
    an application for a motor common carrier certificate or a
    motor contract carrier permit on the issue of need for
    service unless:
            (i) A supporting statement was filed on behalf of
        the shipper at least 10 days prior to the date of
        testimony; and
            (ii) If the supporting statement was not filed with
        the application, the statement was served on all
        parties of record at least 10 days prior to the date of
        testimony.
        (b) Setting, notice, and hearing. Notwithstanding any
    contrary provisions in Section 18c-2101 of this Chapter, a
    hearing shall be held on each licensing application to
    determine that the requirements of this Chapter have been
    satisfied, except as otherwise provided in Section
    18c-4306 of this Chapter. The Commission shall set the
    hearing at a time not less than 15 days after publication
    in the official newspaper. The Commission shall serve
    notice of hearing on each party of record.
        (c) Issuance of orders after hearing. The Commission
    may issue summary orders in cases where the licensing
    application was not opposed in a timely pleading addressed
    to the Commission, or was opposed in a timely pleading but
    such opposition was later withdrawn or the parties in
    opposition waived all right to other than a summary order.
    Summary orders shall be issued within 10 days after the
    close of oral hearing or such other period as the
    Commission may prescribe. Where a party requests, in a
    properly filed motion for reconsideration or rehearing, a
    detailed statement of findings and conclusions, the
    Commission shall vacate the summary order and issue a new
    order in accordance with Sub-chapters 1 and 2 of this
    Chapter. Otherwise, orders shall be issued in accordance
    with provisions of Sub-chapters 1 and 2 of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
 
    (625 ILCS 5/18c-4203)  (from Ch. 95 1/2, par. 18c-4203)
    Sec. 18c-4203. Household goods contract carrier permits.
    (1) Prerequisite to operation as a household goods contract
carrier. No person shall operate as a household goods contract
carrier of property unless such person possesses a household
goods contract carrier permit issued by the Commission and in
good standing.
    (2) Requirements for issuance.
        (a) General requirements. The Commission shall grant
    an application for a household goods contract carrier
    permit, in whole or in part, to the extent that it finds
    that the application was properly filed; supporting
    shippers need the proposed service; the applicant is fit,
    willing and able to provide the service in compliance with
    this Chapter, Commission regulations and orders; and
    issuance of the permit will be consistent with the public
    interest. Otherwise, the application shall be denied. The
    burden of proving that the requirements for issuance of a
    household goods contract carrier permit have been met shall
    be borne by the applicant.
        (b) Conversion to household goods common carrier
    authority. The Commission may, at the request of the
    holder, authorize the conversion of household goods
    contract carrier authority to household goods common
    carrier authority, subject to the same terms, conditions,
    limitations, and regulations as other household goods
    common carriers.
        (c) Cancellation and non-renewal of contracts.
    Cancellation or non-renewal of a contract, or failure to
    keep on file with the Commission a copy of a valid
    contract, shall render a permit void with regard to the
    involved shipper.
    (3) Duties and practices of household goods contract
carriers.
        (a) Services. Household goods contract carriers shall
    provide safe and adequate transportation service to their
    contracting shippers within the scope of their authorities
    and contracts and in compliance with this Chapter,
    Commission regulations and orders.
        (b) Contracts. Each household goods contract carrier
    shall file with the Commission a copy of each contract
    executed under authority of its permit, and shall provide
    no service except in accordance with contracts on file with
    the Commission. The Commission may, at any time, reject
    contracts filed with it which do not comply with the
    provisions of this Chapter, Commission regulations and
    orders.
(Source: P.A. 89-444, eff. 1-25-96.)
 
    (625 ILCS 5/18c-4204)  (from Ch. 95 1/2, par. 18c-4204)
    Sec. 18c-4204. Standards to be considered in issuing common
and contract household goods carrier licenses. The Commission
shall exercise its discretion in regard to issuance of common
carrier of household goods or contract carrier of household
goods licenses in accordance with standards enumerated in this
Section.
    (1) Standards relevant to both common and contract
household goods carrier licenses. In determining whether to
issue a common carrier of household goods certificate or a
contract carrier of household goods permit under Sections
18c-4202 and 18c-4203 of this Chapter, the Commission shall
consider, in addition to other standards enumerated in this
Chapter:
        (a) (Blank) The characteristics of the supporting
    shipper or shippers transportation needs, including the
    total volume of shipments, the amounts handled by existing
    authorized carriers and others, the amounts which would be
    tendered to the applicant, the nature and location of
    points where traffic would be picked up and delivered, and
    any special transportation needs of the supporting shipper
    or shippers or their receiver or receivers;
        (b) The existing authorized carriers' services,
    including the adequacy of such services and the effect
    which issuance of a new certificate or permit would have on
    such services;
        (c) (Blank) The proposed service, and whether it would
    meet the needs of the supporting shipper or shippers;
        (d) Any evidence bearing on the fitness, willingness,
    or ability of the applicant, including but not limited to
    any past history of violations of this Chapter, Commission
    regulations or orders, whether or not such violations were
    the subject of an enforcement proceeding; and
        (e) The effect which issuing the certificate or permit
    would have on the development, maintenance and
    preservation of the highways of this State for commercial
    and other public use.
    (2) Additional standards relevant to household goods
contract carrier licenses. In determining whether to issue a
household goods contract carrier permit under Section 18c-4203
of this Chapter, the Commission shall consider, in addition to
standards enumerated in subsection (1) of this Section or
elsewhere in this Sub-chapter:
        (a) Whether the proposed service is contract carrier
    service; and
        (b) The effect which failure to issue the permit would
    have on the supporting shipper or shippers.
    (3) Standards not relevant to either household goods common
or household goods contract carrier licenses. In determining
whether to issue a household goods common carrier certificate
or a household goods contract carrier permit under Sections
18c-4202 and 18c-4203 of this Chapter, the Commission shall not
consider:
        (a) The mere preference of the supporting shipper or
    shippers or their receiver or receivers for the applicant's
    service; or
        (b) Any illegal operations of the applicant as evidence
    of shipper need or the inadequacy of existing carriers'
    services.
(Source: P.A. 89-444, eff. 1-25-96.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.