100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3280
 
Introduced , by Rep. Arthur Turner
 
SYNOPSIS AS INTRODUCED:
 

 
  
625 ILCS 27/15

     Amends the Renter's Financial Responsibility and Protection Act. Provides that a rental car company may void a damage waiver if damage or loss to the rental vehicle results from the renter losing or otherwise failing to secure the rental vehicle's keys or any other act of negligence by the renter that would reasonably result in the damage or loss to the rental vehicle.
  


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A BILL FOR
 

  
HB3280LRB100 08688 AXK 18823 b


  
1    AN ACT concerning transportation.
  
 
2    Be it enacted by the People of the State of Illinois,
 
3represented in the General Assembly:
  
 
 
4    Section 5. The Renter's Financial Responsibility and 
5Protection Act is amended  by changing Section 15 as follows:
 


6    (625 ILCS 27/15)




7    Sec. 15. Prohibited practices. 

8    (a) A rental company may not sell a damage waiver unless 
9the renter agrees
to the damage waiver in writing at or prior 
10to the time the rental agreement
is executed.

11    (b) A rental company may not void a damage waiver except 
12for one or more of
the following reasons:

13        (1) Damage or loss while the rental vehicle is used to 
14    carry persons or
property for a charge or fee.

15        (2) Damage or loss during an organized or agreed upon 
16    racing or speed
contest or demonstration or pushing or 
17    pulling activity in which the rental
vehicle is actively 
18    involved.

19        (3) Damage or loss that could reasonably be expected 
20    from an intentional
or criminal act of the driver other 
21    than a traffic infraction.

22        (4) Damage or loss to any rental vehicle resulting from 
23    any auto business
operation, including but not limited to 
 
 
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1    repairing, servicing, testing, washing,
parking, storing, 
2    or selling of automobiles.

3        (5) Damage or loss occurring to a rental vehicle if the 
4    rental contract is
based on fraudulent or material 
5    misrepresentation by the renter.

6        (6) Damage or loss arising out of the use of the rental 
7    vehicle outside
the continental United States when such use 
8    is specifically prohibited in the
rental
agreement.

9        (7) Damage or loss occurring while the rental vehicle 
10    is operated by a
driver not permitted under the rental 
11    agreement.
12        (8) Damage or loss occurring while the rental vehicle 
13    is operated by a driver under the influence of alcohol, 
14    other drug or drugs, intoxicating compound or compounds, or 
15    any combination thereof and convicted of violating 
16    subsection (a) of Section 11-501 of the Illinois Vehicle 
17    Code.


18        (9) Damage or loss  to the rental vehicle results from 
19    the renter losing or otherwise failing to secure the rental 
20    vehicle's keys or any other act of negligence by the renter 
21    that would reasonably result in the damage or loss to the 
22    rental vehicle. 
23    (c) A rental company shall not charge more than $12.50 per 
24full or partial 24
hour rental day for a collision damage

25waiver prior to January 1, 2014. Beginning January 1, 2014, a 
26rental company shall not charge more than $13.50 per full or 
 
 
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1partial 24 hour rental day for a collision damage waiver. 

2    (d) A rental company may offer a collision damage waiver on 
3any rental vehicle having a value in excess of a Manufacturer's 
4Suggested Retail Price (MSRP) of $50,000; however, the 
5provisions of subsection (c) of this Section shall not apply to 
6collision damage waivers under this subsection (d). 
7(Source: P.A. 98-428, eff. 8-16-13; 99-201, eff. 10-1-15.)