Full Text of HB4221 095th General Assembly
HB4221enr 95TH GENERAL ASSEMBLY
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HB4221 Enrolled |
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LRB095 15171 DRH 41151 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 Illinois Vehicle Code is amended by changing | 5 |
| Section 6-305 as follows:
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| (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
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| Sec. 6-305. Renting motor vehicle to another.
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| (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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| (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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| of such person written in his presence unless, in the case of a
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| nonresident, the State or country wherein the nonresident | 23 |
| resides does not
require that a driver be licensed.
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| (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) A rental car company that rents a motor vehicle shall | 8 |
| ensure that the renter is provided with an emergency telephone | 9 |
| number to personnel capable of fielding roadside assistance and | 10 |
| other customer service inquiries, including the ability to | 11 |
| provide the caller with the telephone number of the location | 12 |
| from which the vehicle was rented, if requested by the caller. | 13 |
| If an owner's manual is not available in the vehicle at the | 14 |
| time of the rental, an owner's manual for that vehicle or a | 15 |
| similar model shall be accessible by the personnel answering | 16 |
| the emergency telephone number for assistance with inquiries | 17 |
| about the operation of the vehicle.
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| (d) (Blank).
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| (e) (Blank).
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| (f) Subject to subsection (l), any person who rents a motor | 21 |
| vehicle to another shall only
advertise, quote, and charge a | 22 |
| rental rate that includes the entire amount
except taxes and a | 23 |
| mileage charge, if any, which a renter must pay to hire
or | 24 |
| lease the vehicle for the period of time to which the rental | 25 |
| rate
applies.
The person must provide, on the request of the | 26 |
| renter, based on the
available information, an estimated total |
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LRB095 15171 DRH 41151 b |
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| of the daily rental rate,
including all applicable taxes, fees, | 2 |
| and other charges, or an
estimated total rental charge, based | 3 |
| on the return date of the vehicle
noted on the rental | 4 |
| agreement. Further, if the rental agreement does
not already | 5 |
| provide an estimated total rental charge, the following
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| statement must be included in the rental agreement:
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| "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
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| AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL | 9 |
| RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN | 10 |
| ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN | 11 |
| DATE NOTED ON
THIS AGREEMENT."
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| Such person shall not charge in addition to the rental | 13 |
| rate,
taxes, and mileage charge, if any, any fee which must be | 14 |
| paid by the renter
as a condition of hiring or leasing the | 15 |
| vehicle, such as, but not limited
to, required fuel or airport | 16 |
| surcharges, nor any fee for transporting the
renter to the | 17 |
| location where the rented vehicle will be delivered to the
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| renter. In addition to the rental rate, taxes, and mileage | 19 |
| charge, if any,
such person may charge for an item or service | 20 |
| provided in connection with a
particular rental transaction if | 21 |
| the renter can avoid incurring the charge by
choosing not to | 22 |
| obtain or utilize the optional item or service. Items and
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| services for which such person may impose an additional charge | 24 |
| include, but are
not limited to, optional insurance and | 25 |
| accessories requested by the renter,
service charges incident | 26 |
| to the renter's optional return of the vehicle to
a location |
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| other than the location where the vehicle was hired or leased,
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| and charges for refueling the vehicle at the conclusion of the | 3 |
| rental
transaction in the event the renter did not return the | 4 |
| vehicle with as much
fuel as was in the fuel tank at the | 5 |
| beginning of the rental.
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| (g) Every person renting a motor vehicle to another shall | 7 |
| keep a record
of the registration number of the motor vehicle | 8 |
| so rented, the name and
address of the person to whom the | 9 |
| vehicle is rented, the number of the
license, if any, of said | 10 |
| latter person, and the date and place when and
where the | 11 |
| license, if any, was issued. Such record shall be open
to
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| inspection by any police officer or designated agent of the | 13 |
| Secretary of
State.
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| (h) A person licensed as a new car dealer under Section | 15 |
| 5-101 of this
Code shall not be subject to the provisions of | 16 |
| this Section regarding the
rental of private passenger motor | 17 |
| vehicles when providing, free of charge,
temporary substitute | 18 |
| vehicles for customers to operate during a period when
a | 19 |
| customer's vehicle, which is either leased or owned by that | 20 |
| customer, is
being repaired, serviced, replaced or otherwise | 21 |
| made unavailable to the
customer in accordance with an | 22 |
| agreement with the licensed new car dealer
or vehicle | 23 |
| manufacturer, so long as the customer orally or in writing is
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| made aware that the temporary substitute vehicle will be | 25 |
| covered by his or
her
insurance policy and the customer shall | 26 |
| only be liable to the extent of any
amount deductible from such |
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| insurance coverage in accordance with the terms
of the policy.
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| (i) This Section, except the requirements of subsection | 3 |
| (g), also applies
to rental agreements of 30 continuous days or | 4 |
| less involving a motor
vehicle that was delivered by an out of | 5 |
| State person or business to a
renter in this State.
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| (j) A public airport
may, if approved by its local | 7 |
| government corporate authorities or its airport
authority, | 8 |
| impose a customer facility charge upon customers of rental car
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| companies for the purposes of financing, designing, | 10 |
| constructing,
operating, and maintaining consolidated car | 11 |
| rental facilities and common
use transportation equipment and
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| facilities,
which are used to transport the customer, | 13 |
| connecting consolidated
car rental facilities with other | 14 |
| airport facilities.
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| Notwithstanding
subsection (f) of this
Section, the | 16 |
| customer facility charge shall
be collected by the rental car | 17 |
| company as a separate charge, and clearly
indicated as
a | 18 |
| separate charge
on the rental agreement and invoice.
Facility | 19 |
| charges shall be immediately deposited into a trust account
for | 20 |
| the benefit of the airport and
remitted at the direction of the | 21 |
| airport, but
not more often than once per month.
The charge | 22 |
| shall be uniformly calculated on a per-contract or per-day
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| basis.
Facility charges imposed by the airport may not exceed | 24 |
| the reasonable
costs of financing, designing, constructing, | 25 |
| operating, and maintaining the
consolidated car rental | 26 |
| facilities and common use transportation equipment and
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| facilities and may not be used for any other purpose.
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| Notwithstanding any other provision of law, the charges | 3 |
| collected
under
this Section are not subject to retailer | 4 |
| occupation, sales,
use,
or transaction taxes.
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| (k) When a rental car company states a rental rate in any | 6 |
| of its rate
advertisements, its proprietary computer
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| reservation systems, or its in-person quotations
intended to | 8 |
| apply to
an airport rental, a company that collects from its | 9 |
| customers a customer
facility charge for that rental under | 10 |
| subsection (j) shall do all of the
following:
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| (1) Clearly and conspicuously disclose in any radio, | 12 |
| television, or other
electronic media advertisements the | 13 |
| existence and
amount of the charge if the advertisement is | 14 |
| intended for rentals at an airport
imposing the charge or, | 15 |
| if the
advertisement covers an area with multiple airports | 16 |
| with different charges, a
range of amounts of customer | 17 |
| facility charges if the advertisement is intended
for | 18 |
| rentals at an airport imposing the charge.
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| (2) Clearly and conspicuously disclose in any print | 20 |
| rate advertising the
existence and
amount of the charge if | 21 |
| the advertisement is intended for rentals at an airport
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| imposing the charge or, if the print rate advertisement | 23 |
| covers an area with
multiple
airports with different | 24 |
| charges, a range of amounts of customer facility
charges if | 25 |
| the advertisement is intended for rentals at an airport | 26 |
| imposing the
charge.
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| (3) Clearly and conspicuously disclose the existence | 2 |
| and
amount of the charge in any telephonic, in-person, or | 3 |
| computer-transmitted
quotation from the rental car | 4 |
| company's proprietary computer reservation system
at the | 5 |
| time of making an initial quotation of a
rental rate if the | 6 |
| quotation is made by a rental car company location at an
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| airport imposing the charge and at the time of making a | 8 |
| reservation of a rental
car if the reservation is made by a | 9 |
| rental car company location at an airport
imposing the | 10 |
| charge.
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| (4) Clearly and conspicuously display the charge in any | 12 |
| proprietary
computer-assisted
reservation or transaction | 13 |
| directly between the rental car company and the
customer,
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| shown or referenced on the
same page on the computer screen | 15 |
| viewed by the customer as the
displayed rental rate and in | 16 |
| a print size not smaller than the print size of
the rental | 17 |
| rate.
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| (5) Clearly and conspicuously disclose
and separately | 19 |
| identify the existence and amount of the charge on its | 20 |
| rental
agreement.
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| (6) A rental car company that collects from its | 22 |
| customers a customer
facility charge under subsection (j) | 23 |
| and engages in a practice which does not
comply with
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| subsections (f), (j), and (k) commits an unlawful
practice | 25 |
| within the meaning of the Consumer Fraud and Deceptive | 26 |
| Business
Practices Act.
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| (l) Notwithstanding subsection (f), any person who rents a | 2 |
| motor vehicle to another may, in connection with the rental of | 3 |
| a motor vehicle to (i) a business renter or (ii) a business | 4 |
| program sponsor under the sponsor's business program, do the | 5 |
| following: | 6 |
| (1) separately quote, by telephone, in person, or by | 7 |
| computer transmission, additional charges for the rental; | 8 |
| and | 9 |
| (2) separately impose additional charges for the | 10 |
| rental. | 11 |
| (m) As used in this Section: | 12 |
| (1) "Additional charges" means charges other than: (i) | 13 |
| a per period base rental rate; (ii) a mileage charge; (iii) | 14 |
| taxes; or (iv) a customer facility charge. | 15 |
| (2) "Business program" means: | 16 |
| (A) a contract between a person who rents motor | 17 |
| vehicles and a business program sponsor that | 18 |
| establishes rental rates at which the person will rent | 19 |
| motor vehicles to persons authorized by the sponsor; or | 20 |
| (B) a plan, program, or other arrangement | 21 |
| established by a person who rents motor vehicles at the | 22 |
| request of, or with the consent of, a business program | 23 |
| sponsor under which the person offers to rent motor | 24 |
| vehicles to persons authorized by the sponsor on terms | 25 |
| that are not the same as those generally offered by the | 26 |
| rental company to the public. |
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| (3) "Business program sponsor" means any legal entity | 2 |
| other than a natural person, including a corporation, | 3 |
| limited liability company, partnership, government, | 4 |
| municipality or agency, or a natural person operating a | 5 |
| business as a sole proprietor. | 6 |
| (4) "Business renter" means, for any business program | 7 |
| sponsor, a person who is authorized by the sponsor to enter | 8 |
| into a rental contract under the sponsor's business | 9 |
| program. "Business renter" does not include a person | 10 |
| renting as: | 11 |
| (A) a non-employee member of a not-for-profit | 12 |
| organization; | 13 |
| (B) the purchaser of a voucher or other prepaid | 14 |
| rental arrangement from a person, including a tour | 15 |
| operator, engaged in the business of reselling those | 16 |
| vouchers or prepaid rental arrangements to the general | 17 |
| public; | 18 |
| (C) an individual whose car rental is eligible for | 19 |
| reimbursement in whole or in part as a result of the | 20 |
| person being insured or provided coverage under a | 21 |
| policy of insurance issued by an insurance company; or | 22 |
| (D) an individual whose car rental is eligible for | 23 |
| reimbursement in whole or in part as a result of the | 24 |
| person purchasing motor vehicle repair services from a | 25 |
| person licensed to perform those services.
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| (Source: P.A. 93-118, eff. 1-1-04; 94-717, eff. 12-19-05.)
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