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Public Act 094-0717
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| SB1124 Enrolled |
LRB094 04791 DRH 34820 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Vehicle Code is amended by changing |
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 |
person unless the
latter person, or a driver designated by a |
nondriver with disabilities and
meeting any minimum age and |
driver's record requirements that are uniformly
applied by the |
person renting a motor vehicle, is then duly licensed
hereunder |
or, in the case of a
nonresident, then duly licensed under the |
laws of the State or country of
his residence unless the State |
or country of his residence does not require
that a driver be |
licensed.
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(b) No person shall rent a motor vehicle to another until |
he has
inspected the drivers license of the person to whom the |
vehicle is to be
rented, or by whom it is to be driven, and |
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 |
resides does not
require that a driver be licensed.
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(c) No person shall rent a motorcycle to another unless the |
latter
person is then duly licensed hereunder as a motorcycle |
operator, and in the
case of a nonresident, then duly licensed |
under the laws of the State or
country of his residence, unless |
the State or country of his residence does
not require that a |
driver be licensed.
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(d) (Blank).
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(e) (Blank).
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(f) Subject to subsection (l), any
Any person who rents a |
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motor vehicle to another shall only
advertise, quote, and |
charge a rental rate that includes the entire amount
except |
taxes and a mileage charge, if any, which a renter must pay to |
hire
or lease the vehicle for the period of time to which the |
rental rate
applies.
The person must provide, on the request of |
the renter, based on the
available information, an estimated |
total of the daily rental rate,
including all applicable taxes, |
fees, and other charges, or an
estimated total rental charge, |
based on the return date of the vehicle
noted on the rental |
agreement. Further, if the rental agreement does
not already |
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 |
RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN |
ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN |
DATE NOTED ON
THIS AGREEMENT."
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Such person shall not charge in addition to the rental |
rate,
taxes, and mileage charge, if any, any fee which must be |
paid by the renter
as a condition of hiring or leasing the |
vehicle, such as, but not limited
to, required fuel or airport |
surcharges, nor any fee for transporting the
renter to the |
location where the rented vehicle will be delivered to the
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renter. In addition to the rental rate, taxes, and mileage |
charge, if any,
such person may charge for an item or service |
provided in connection with a
particular rental transaction if |
the renter can avoid incurring the charge by
choosing not to |
obtain or utilize the optional item or service. Items and
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services for which such person may impose an additional charge |
include, but are
not limited to, optional insurance and |
accessories requested by the renter,
service charges incident |
to the renter's optional return of the vehicle to
a location |
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 |
rental
transaction in the event the renter did not return the |
vehicle with as much
fuel as was in the fuel tank at the |
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beginning of the rental.
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(g) Every person renting a motor vehicle to another shall |
keep a record
of the registration number of the motor vehicle |
so rented, the name and
address of the person to whom the |
vehicle is rented, the number of the
license, if any, of said |
latter person, and the date and place when and
where the |
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 |
Secretary of
State.
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(h) A person licensed as a new car dealer under Section |
5-101 of this
Code shall not be subject to the provisions of |
this Section regarding the
rental of private passenger motor |
vehicles when providing, free of charge,
temporary substitute |
vehicles for customers to operate during a period when
a |
customer's vehicle, which is either leased or owned by that |
customer, is
being repaired, serviced, replaced or otherwise |
made unavailable to the
customer in accordance with an |
agreement with the licensed new car dealer
or vehicle |
manufacturer, so long as the customer orally or in writing is
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made aware that the temporary substitute vehicle will be |
covered by his or
her
insurance policy and the customer shall |
only be liable to the extent of any
amount deductible from such |
insurance coverage in accordance with the terms
of the policy.
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(i) This Section, except the requirements of subsection |
(g), also applies
to rental agreements of 30 continuous days or |
less involving a motor
vehicle that was delivered by an out of |
State person or business to a
renter in this State.
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(j) A public airport
may, if approved by its local |
government corporate authorities or its airport
authority, |
impose a customer facility charge upon customers of rental car
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companies for the purposes of financing, designing, |
constructing,
operating, and maintaining consolidated car |
rental facilities and common
use transportation equipment and
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facilities,
which are used to transport the customer, |
connecting consolidated
car rental facilities with other |
airport facilities.
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Notwithstanding
subsection (f) of this
Section, the |
customer facility charge shall
be collected by the rental car |
company as a separate charge, and clearly
indicated as
a |
separate charge
on the rental agreement and invoice.
Facility |
charges shall be immediately deposited into a trust account
for |
the benefit of the airport and
remitted at the direction of the |
airport, but
not more often than once per month.
The charge |
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 |
the reasonable
costs of financing, designing, constructing, |
operating, and maintaining the
consolidated car rental |
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 |
collected
under
this Section are not subject to retailer |
occupation, sales,
use,
or transaction taxes.
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(k) When a rental car company states a rental rate in any |
of its rate
advertisements, its proprietary computer
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reservation systems, or its in-person quotations
intended to |
apply to
an airport rental, a company that collects from its |
customers a customer
facility charge for that rental under |
subsection (j) shall do all of the
following:
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(1) Clearly and conspicuously disclose in any radio, |
television, or other
electronic media advertisements the |
existence and
amount of the charge if the advertisement is |
intended for rentals at an airport
imposing the charge or, |
if the
advertisement covers an area with multiple airports |
with different charges, a
range of amounts of customer |
facility charges if the advertisement is intended
for |
rentals at an airport imposing the charge.
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(2) Clearly and conspicuously disclose in any print |
rate advertising the
existence and
amount of the charge if |
the advertisement is intended for rentals at an airport
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imposing the charge or, if the print rate advertisement |
covers an area with
multiple
airports with different |
charges, a range of amounts of customer facility
charges if |
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the advertisement is intended for rentals at an airport |
imposing the
charge.
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(3) Clearly and conspicuously disclose the existence |
and
amount of the charge in any telephonic, in-person, or |
computer-transmitted
quotation from the rental car |
company's proprietary computer reservation system
at the |
time of making an initial quotation of a
rental rate if the |
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 |
reservation of a rental
car if the reservation is made by a |
rental car company location at an airport
imposing the |
charge.
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(4) Clearly and conspicuously display the charge in any |
proprietary
computer-assisted
reservation or transaction |
directly between the rental car company and the
customer,
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shown or referenced on the
same page on the computer screen |
viewed by the customer as the
displayed rental rate and in |
a print size not smaller than the print size of
the rental |
rate.
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(5) Clearly and conspicuously disclose
and separately |
identify the existence and amount of the charge on its |
rental
agreement.
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(6) A rental car company that collects from its |
customers a customer
facility charge under subsection (j) |
and engages in a practice which does not
comply with
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subsections (f), (j), and (k) commits an unlawful
practice |
within the meaning of the Consumer Fraud and Deceptive |
Business
Practices Act.
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(l) Notwithstanding subsection (f), any person who rents a |
motor vehicle to another may, in connection with the rental of |
a motor vehicle to (i) a business renter or (ii) a business |
program sponsor under the sponsor's business program, do the |
following: |
(1) separately quote, by telephone, in person, or by |
computer transmission, additional charges for the rental; |
and |
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(2) separately impose additional charges for the |
rental. |
(m) As used in this Section: |
(1) "Additional charges" means charges other than: (i) |
a per period base rental rate; (ii) a mileage charge; (iii) |
taxes; or (iv) a customer facility charge. |
(2) "Business program" means: |
(A) a contract between a person who rents motor |
vehicles and a business program sponsor that |
establishes rental rates at which the person will rent |
motor vehicles to persons authorized by the sponsor; or |
(B) a plan, program, or other arrangement |
established by a person who rents motor vehicles at the |
request of, or with the consent of, a business program |
sponsor under which the person offers to rent motor |
vehicles to persons authorized by the sponsor on terms |
that are not the same as those generally offered by the |
rental company to the public. |
(3) "Business program sponsor" means any legal entity |
other than a natural person, including a corporation, |
limited liability company, partnership, government, |
municipality or agency, or a natural person operating a |
business as a sole proprietor. |
(4) "Business renter" means, for any business program |
sponsor, a person who is authorized by the sponsor to enter |
into a rental contract under the sponsor's business |
program. "Business renter" does not include a person |
renting as: |
(A) a non-employee member of a not-for-profit |
organization; |
(B) the purchaser of a voucher or other prepaid |
rental arrangement from a person, including a tour |
operator, engaged in the business of reselling those |
vouchers or prepaid rental arrangements to the general |
public; |
(C) an individual whose car rental is eligible for |