94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1740


 
Introduced 2/25/2005, by Sen. Terry Link
 
SYNOPSIS AS INTRODUCED:
 		














625 ILCS 27/15










    Amends the Renter's Financial Responsibility and Protection Act. Provides that a vehicle rental company may void a damage waiver with regard to damage or loss occurring while the rental vehicle was operated by a driver under the influence of alcohol, drugs, or intoxicating compounds, in violation of the DUI provisions of the Illinois Vehicle Code.
















LRB094 05716 DRH 35768 b

















 


 


A BILL FOR









 











SB1740

LRB094 05716 DRH 35768 b






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    AN ACT concerning transportation.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Renter's Financial Responsibility and 
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Protection Act is amended  by changing Section 15 as follows:
 



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    (625 ILCS 27/15)



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    Sec. 15. Prohibited practices. 

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

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


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


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


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


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


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


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


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        (7) Damage or loss occurring while the rental vehicle 
 


 






SB1740
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LRB094 05716 DRH 35768 b




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    is operated by a
driver not permitted under the rental 
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    agreement.
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        (8) Damage or loss occurring while the rental vehicle 
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    is operated by a driver under the influence of alcohol, 
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    other drug or drugs, intoxicating compound or compounds, or 
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    any combination thereof, in violation of subsection (a) of 
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    Section 11-501 of the Illinois Vehicle Code.


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    (c) A rental company shall not charge more than $9 per full 
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or partial 24
hour rental day for a collision damage
waiver if 
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the manufacturer's suggested retail price of the rental vehicle 
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type
is not greater than $30,000.  A rental company
shall not 
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charge more than $12 per full or partial 24 hour rental day for 
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a
collision damage waiver if the manufacturer's suggested

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retail price of the rental vehicle type is greater than 
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$30,000.
On January 1, 2000, the maximum charges in this 
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subsection (c) shall be
increased to
$9.50 and $12.50, 
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respectively, and shall be subsequently increased to $10 and

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$13 on January 1, 2001 and $10.50 and $13.50 on January 1, 
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2002.

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(Source: P.A. 90-113, eff. 7-14-97.)