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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3457 Introduced 2/7/2012, by Sen. Antonio Muņoz SYNOPSIS AS INTRODUCED:
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Amends the Renter's Financial Responsibility and Protection Act. Provides that beginning January 1, 2013, the amount that a rental company may charge for a collision damage
waiver shall increase on the first day of the year and every year thereafter by the lesser of: (i) the Consumer Price Index for all Urban Consumers for the previous calendar year as determined by the United States Department of Labor; or (ii) 5%. Effective immediately.
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| | A BILL FOR |
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| | SB3457 | | LRB097 17447 HEP 62649 b |
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| 1 | | AN ACT concerning vehicles.
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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 Renter's Financial Responsibility and |
| 5 | | Protection Act is amended by changing Section 15 as follows:
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| 6 | | (625 ILCS 27/15)
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| 7 | | Sec. 15. Prohibited practices.
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| 8 | | (a) A rental company may not sell a damage waiver unless |
| 9 | | the renter agrees
to the damage waiver in writing at or prior |
| 10 | | to the time the rental agreement
is executed.
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| 11 | | (b) A rental company may not void a damage waiver except |
| 12 | | for one or more of
the following reasons:
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| 13 | | (1) Damage or loss while the rental vehicle is used to |
| 14 | | carry persons or
property for a charge or fee.
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| 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.
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| 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.
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| 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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| | SB3457 | - 2 - | LRB097 17447 HEP 62649 b |
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| 1 | | repairing, servicing, testing, washing,
parking, storing, |
| 2 | | or selling of automobiles.
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| 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.
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| 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.
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| 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.
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| 18 | | (c) A rental company shall not charge more than $12.50 per |
| 19 | | full or partial 24
hour rental day for a collision damage
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| 20 | | waiver. However, beginning January 1, 2013, the amount that a |
| 21 | | rental company may charge shall increase on the first day of |
| 22 | | the year and every year thereafter by the lesser of: (i) the |
| 23 | | Consumer Price Index for all Urban Consumers for the previous |
| 24 | | calendar year as determined by the United States Department of |
| 25 | | Labor; or (ii) 5%.
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| 26 | | (Source: P.A. 94-332, eff. 1-1-06; 95-249, eff. 1-1-08.)
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