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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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| 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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| 1 | Section 99. Effective date. This Act takes effect upon | ||||||
| 2 | becoming law.
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