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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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by adding | |||||||||||||||||||
5 | Section 6-305 as follows:
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6 | (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
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7 | Sec. 6-305. Renting motor vehicle to another.
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8 | (a) No person shall rent a motor vehicle to any other | |||||||||||||||||||
9 | person unless the
latter person, or a driver designated by a | |||||||||||||||||||
10 | nondriver with disabilities and
meeting any minimum age and | |||||||||||||||||||
11 | driver's record requirements that are uniformly
applied by the | |||||||||||||||||||
12 | person renting a motor vehicle, is then duly licensed
hereunder | |||||||||||||||||||
13 | or, in the case of a
nonresident, then duly licensed under the | |||||||||||||||||||
14 | laws of the State or country of
his residence unless the State | |||||||||||||||||||
15 | or country of his residence does not require
that a driver be | |||||||||||||||||||
16 | licensed.
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17 | (b) No person shall rent a motor vehicle to another until | |||||||||||||||||||
18 | he has
inspected the drivers license of the person to whom the | |||||||||||||||||||
19 | vehicle is to be
rented, or by whom it is to be driven, and | |||||||||||||||||||
20 | compared and verified the
signature thereon with the signature
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21 | of such person written in his presence unless, in the case of a
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22 | nonresident, the State or country wherein the nonresident | |||||||||||||||||||
23 | resides does not
require that a driver be licensed.
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1 | (c) No person shall rent a motorcycle to another unless the | ||||||
2 | latter
person is then duly licensed hereunder as a motorcycle | ||||||
3 | operator, and in the
case of a nonresident, then duly licensed | ||||||
4 | under the laws of the State or
country of his residence, unless | ||||||
5 | the State or country of his residence does
not require that a | ||||||
6 | driver be licensed. | ||||||
7 | (c-1) Any person who rents a motor vehicle to another shall | ||||||
8 | ensure that the person to whom the vehicle is rented is | ||||||
9 | provided with an owner's manual for that vehicle and with an | ||||||
10 | emergency telephone number to call for answers to questions | ||||||
11 | about the vehicle.
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12 | (d) (Blank).
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13 | (e) (Blank).
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14 | (f) Subject to subsection (l), any person who rents a motor | ||||||
15 | vehicle to another shall only
advertise, quote, and charge a | ||||||
16 | rental rate that includes the entire amount
except taxes and a | ||||||
17 | mileage charge, if any, which a renter must pay to hire
or | ||||||
18 | lease the vehicle for the period of time to which the rental | ||||||
19 | rate
applies.
The person must provide, on the request of the | ||||||
20 | renter, based on the
available information, an estimated total | ||||||
21 | of the daily rental rate,
including all applicable taxes, fees, | ||||||
22 | and other charges, or an
estimated total rental charge, based | ||||||
23 | on the return date of the vehicle
noted on the rental | ||||||
24 | agreement. Further, if the rental agreement does
not already | ||||||
25 | provide an estimated total rental charge, the following
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26 | statement must be included in the rental agreement:
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1 | "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
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2 | AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL | ||||||
3 | RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN | ||||||
4 | ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN | ||||||
5 | DATE NOTED ON
THIS AGREEMENT."
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6 | Such person shall not charge in addition to the rental | ||||||
7 | rate,
taxes, and mileage charge, if any, any fee which must be | ||||||
8 | paid by the renter
as a condition of hiring or leasing the | ||||||
9 | vehicle, such as, but not limited
to, required fuel or airport | ||||||
10 | surcharges, nor any fee for transporting the
renter to the | ||||||
11 | location where the rented vehicle will be delivered to the
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12 | renter. In addition to the rental rate, taxes, and mileage | ||||||
13 | charge, if any,
such person may charge for an item or service | ||||||
14 | provided in connection with a
particular rental transaction if | ||||||
15 | the renter can avoid incurring the charge by
choosing not to | ||||||
16 | obtain or utilize the optional item or service. Items and
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17 | services for which such person may impose an additional charge | ||||||
18 | include, but are
not limited to, optional insurance and | ||||||
19 | accessories requested by the renter,
service charges incident | ||||||
20 | to the renter's optional return of the vehicle to
a location | ||||||
21 | other than the location where the vehicle was hired or leased,
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22 | and charges for refueling the vehicle at the conclusion of the | ||||||
23 | rental
transaction in the event the renter did not return the | ||||||
24 | vehicle with as much
fuel as was in the fuel tank at the | ||||||
25 | beginning of the rental.
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26 | (g) Every person renting a motor vehicle to another shall |
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1 | keep a record
of the registration number of the motor vehicle | ||||||
2 | so rented, the name and
address of the person to whom the | ||||||
3 | vehicle is rented, the number of the
license, if any, of said | ||||||
4 | latter person, and the date and place when and
where the | ||||||
5 | license, if any, was issued. Such record shall be open
to
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6 | inspection by any police officer or designated agent of the | ||||||
7 | Secretary of
State.
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8 | (h) A person licensed as a new car dealer under Section | ||||||
9 | 5-101 of this
Code shall not be subject to the provisions of | ||||||
10 | this Section regarding the
rental of private passenger motor | ||||||
11 | vehicles when providing, free of charge,
temporary substitute | ||||||
12 | vehicles for customers to operate during a period when
a | ||||||
13 | customer's vehicle, which is either leased or owned by that | ||||||
14 | customer, is
being repaired, serviced, replaced or otherwise | ||||||
15 | made unavailable to the
customer in accordance with an | ||||||
16 | agreement with the licensed new car dealer
or vehicle | ||||||
17 | manufacturer, so long as the customer orally or in writing is
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18 | made aware that the temporary substitute vehicle will be | ||||||
19 | covered by his or
her
insurance policy and the customer shall | ||||||
20 | only be liable to the extent of any
amount deductible from such | ||||||
21 | insurance coverage in accordance with the terms
of the policy.
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22 | (i) This Section, except the requirements of subsection | ||||||
23 | (g), also applies
to rental agreements of 30 continuous days or | ||||||
24 | less involving a motor
vehicle that was delivered by an out of | ||||||
25 | State person or business to a
renter in this State.
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26 | (j) A public airport
may, if approved by its local |
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1 | government corporate authorities or its airport
authority, | ||||||
2 | impose a customer facility charge upon customers of rental car
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3 | companies for the purposes of financing, designing, | ||||||
4 | constructing,
operating, and maintaining consolidated car | ||||||
5 | rental facilities and common
use transportation equipment and
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6 | facilities,
which are used to transport the customer, | ||||||
7 | connecting consolidated
car rental facilities with other | ||||||
8 | airport facilities.
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9 | Notwithstanding
subsection (f) of this
Section, the | ||||||
10 | customer facility charge shall
be collected by the rental car | ||||||
11 | company as a separate charge, and clearly
indicated as
a | ||||||
12 | separate charge
on the rental agreement and invoice.
Facility | ||||||
13 | charges shall be immediately deposited into a trust account
for | ||||||
14 | the benefit of the airport and
remitted at the direction of the | ||||||
15 | airport, but
not more often than once per month.
The charge | ||||||
16 | shall be uniformly calculated on a per-contract or per-day
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17 | basis.
Facility charges imposed by the airport may not exceed | ||||||
18 | the reasonable
costs of financing, designing, constructing, | ||||||
19 | operating, and maintaining the
consolidated car rental | ||||||
20 | facilities and common use transportation equipment and
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21 | facilities and may not be used for any other purpose.
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22 | Notwithstanding any other provision of law, the charges | ||||||
23 | collected
under
this Section are not subject to retailer | ||||||
24 | occupation, sales,
use,
or transaction taxes.
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25 | (k) When a rental car company states a rental rate in any | ||||||
26 | of its rate
advertisements, its proprietary computer
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1 | reservation systems, or its in-person quotations
intended to | ||||||
2 | apply to
an airport rental, a company that collects from its | ||||||
3 | customers a customer
facility charge for that rental under | ||||||
4 | subsection (j) shall do all of the
following:
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5 | (1) Clearly and conspicuously disclose in any radio, | ||||||
6 | television, or other
electronic media advertisements the | ||||||
7 | existence and
amount of the charge if the advertisement is | ||||||
8 | intended for rentals at an airport
imposing the charge or, | ||||||
9 | if the
advertisement covers an area with multiple airports | ||||||
10 | with different charges, a
range of amounts of customer | ||||||
11 | facility charges if the advertisement is intended
for | ||||||
12 | rentals at an airport imposing the charge.
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13 | (2) Clearly and conspicuously disclose in any print | ||||||
14 | rate advertising the
existence and
amount of the charge if | ||||||
15 | the advertisement is intended for rentals at an airport
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16 | imposing the charge or, if the print rate advertisement | ||||||
17 | covers an area with
multiple
airports with different | ||||||
18 | charges, a range of amounts of customer facility
charges if | ||||||
19 | the advertisement is intended for rentals at an airport | ||||||
20 | imposing the
charge.
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21 | (3) Clearly and conspicuously disclose the existence | ||||||
22 | and
amount of the charge in any telephonic, in-person, or | ||||||
23 | computer-transmitted
quotation from the rental car | ||||||
24 | company's proprietary computer reservation system
at the | ||||||
25 | time of making an initial quotation of a
rental rate if the | ||||||
26 | quotation is made by a rental car company location at an
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1 | airport imposing the charge and at the time of making a | ||||||
2 | reservation of a rental
car if the reservation is made by a | ||||||
3 | rental car company location at an airport
imposing the | ||||||
4 | charge.
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5 | (4) Clearly and conspicuously display the charge in any | ||||||
6 | proprietary
computer-assisted
reservation or transaction | ||||||
7 | directly between the rental car company and the
customer,
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8 | shown or referenced on the
same page on the computer screen | ||||||
9 | viewed by the customer as the
displayed rental rate and in | ||||||
10 | a print size not smaller than the print size of
the rental | ||||||
11 | rate.
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12 | (5) Clearly and conspicuously disclose
and separately | ||||||
13 | identify the existence and amount of the charge on its | ||||||
14 | rental
agreement.
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15 | (6) A rental car company that collects from its | ||||||
16 | customers a customer
facility charge under subsection (j) | ||||||
17 | and engages in a practice which does not
comply with
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18 | subsections (f), (j), and (k) commits an unlawful
practice | ||||||
19 | within the meaning of the Consumer Fraud and Deceptive | ||||||
20 | Business
Practices Act.
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21 | (l) Notwithstanding subsection (f), any person who rents a | ||||||
22 | motor vehicle to another may, in connection with the rental of | ||||||
23 | a motor vehicle to (i) a business renter or (ii) a business | ||||||
24 | program sponsor under the sponsor's business program, do the | ||||||
25 | following: | ||||||
26 | (1) separately quote, by telephone, in person, or by |
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1 | computer transmission, additional charges for the rental; | ||||||
2 | and | ||||||
3 | (2) separately impose additional charges for the | ||||||
4 | rental. | ||||||
5 | (m) As used in this Section: | ||||||
6 | (1) "Additional charges" means charges other than: (i) | ||||||
7 | a per period base rental rate; (ii) a mileage charge; (iii) | ||||||
8 | taxes; or (iv) a customer facility charge. | ||||||
9 | (2) "Business program" means: | ||||||
10 | (A) a contract between a person who rents motor | ||||||
11 | vehicles and a business program sponsor that | ||||||
12 | establishes rental rates at which the person will rent | ||||||
13 | motor vehicles to persons authorized by the sponsor; or | ||||||
14 | (B) a plan, program, or other arrangement | ||||||
15 | established by a person who rents motor vehicles at the | ||||||
16 | request of, or with the consent of, a business program | ||||||
17 | sponsor under which the person offers to rent motor | ||||||
18 | vehicles to persons authorized by the sponsor on terms | ||||||
19 | that are not the same as those generally offered by the | ||||||
20 | rental company to the public. | ||||||
21 | (3) "Business program sponsor" means any legal entity | ||||||
22 | other than a natural person, including a corporation, | ||||||
23 | limited liability company, partnership, government, | ||||||
24 | municipality or agency, or a natural person operating a | ||||||
25 | business as a sole proprietor. | ||||||
26 | (4) "Business renter" means, for any business program |
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1 | sponsor, a person who is authorized by the sponsor to enter | ||||||
2 | into a rental contract under the sponsor's business | ||||||
3 | program. "Business renter" does not include a person | ||||||
4 | renting as: | ||||||
5 | (A) a non-employee member of a not-for-profit | ||||||
6 | organization; | ||||||
7 | (B) the purchaser of a voucher or other prepaid | ||||||
8 | rental arrangement from a person, including a tour | ||||||
9 | operator, engaged in the business of reselling those | ||||||
10 | vouchers or prepaid rental arrangements to the general | ||||||
11 | public; | ||||||
12 | (C) an individual whose car rental is eligible for | ||||||
13 | reimbursement in whole or in part as a result of the | ||||||
14 | person being insured or provided coverage under a | ||||||
15 | policy of insurance issued by an insurance company; or | ||||||
16 | (D) an individual whose car rental is eligible for | ||||||
17 | reimbursement in whole or in part as a result of the | ||||||
18 | person purchasing motor vehicle repair services from a | ||||||
19 | person licensed to perform those services.
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20 | (Source: P.A. 93-118, eff. 1-1-04; 94-717, eff. 12-19-05.)
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