Rep. Arthur Turner
Filed: 5/22/2018
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1 | AMENDMENT TO SENATE BILL 2641
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2 | AMENDMENT NO. ______. Amend Senate Bill 2641, AS AMENDED, | ||||||
3 | by replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Automobile Renting Occupation and Use Tax | ||||||
6 | Act is amended by changing Section 2 as follows:
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7 | (35 ILCS 155/2) (from Ch. 120, par. 1702)
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8 | Sec. 2. Definitions. "Renting" means any transfer of the | ||||||
9 | possession
or right to possession of an automobile to a user | ||||||
10 | for a valuable consideration
for a period of one year or less , | ||||||
11 | including the facilitation of a privately-owned passenger | ||||||
12 | motor vehicle for use by persons other than the vehicle's | ||||||
13 | registered owner as an part of a personal car facilitation | ||||||
14 | transaction, as defined in Section 1-159.1b of the Illinois | ||||||
15 | Vehicle Code .
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16 | "Renting" does not include making a charge for the use of |
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1 | an
automobile where the rentor, either himself or through an | ||||||
2 | agent, furnishes a
service of operating an automobile so that | ||||||
3 | the rentor remains in possession of
the automobile, because | ||||||
4 | this does not constitute a transfer of possession
or right to | ||||||
5 | possession of the automobile.
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6 | "Renting" does not include the making of a charge by an
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7 | automobile dealer for the use of an automobile as a | ||||||
8 | demonstrator in connection
with the dealer's business of | ||||||
9 | selling, where the charge is merely made to
recover the costs | ||||||
10 | of operating the automobile as a demonstrator and is not
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11 | intended as a rental or leasing charge in the ordinary sense.
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12 | "Automobile" means (1) any motor vehicle of the first | ||||||
13 | division, or (2) a motor vehicle
of the second division which: | ||||||
14 | (A) is a self-contained motor vehicle designed or
permanently | ||||||
15 | converted to provide living quarters for recreational, camping | ||||||
16 | or
travel use, with direct walk through access to the living | ||||||
17 | quarters from the
driver's seat; (B) is of the van
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18 | configuration designed for the transportation of not less than | ||||||
19 | 7 nor more than
16 passengers, as defined in Section 1-146 of | ||||||
20 | the Illinois Vehicle
Code; or (C) has a Gross Vehicle Weight | ||||||
21 | Rating, as defined in Section 1-124.5 of the Illinois Vehicle | ||||||
22 | Code, of 8,000 pounds or less.
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23 | "Department" means the Department of Revenue.
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24 | "Person" means any natural individual, firm, partnership, | ||||||
25 | association,
joint stock company, joint adventure, public or | ||||||
26 | private corporation, limited
liability company, or a receiver, |
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1 | executor, trustee, conservator or other
representative | ||||||
2 | appointed by order of any court.
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3 | "Rentor" means any person, firm, corporation or | ||||||
4 | association engaged in
the business of renting or leasing | ||||||
5 | automobiles to users. For this purpose,
the objective of making | ||||||
6 | a profit is not necessary to make the renting activity
a | ||||||
7 | business.
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8 | "Rentee" means any user to whom the possession, or the | ||||||
9 | right to possession,
of an automobile is transferred for a | ||||||
10 | valuable consideration for a period
of one year or less, | ||||||
11 | whether paid for by the "rentee" or by someone else.
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12 | "Gross receipts" from the renting of tangible personal | ||||||
13 | property or
"rent" means the total rental price or leasing | ||||||
14 | price. In the case of
rental transactions in which the | ||||||
15 | consideration is paid to the rentor on an
installment basis, | ||||||
16 | the amounts of such payments shall be included by the rentor
in | ||||||
17 | gross receipts or rent only as and when payments are received | ||||||
18 | by the rentor.
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19 | "Gross receipts" does not include receipts received by an | ||||||
20 | automobile dealer
from a manufacturer or service contract | ||||||
21 | provider
for the use of an automobile by a person while that | ||||||
22 | person's automobile is
being repaired by that automobile dealer | ||||||
23 | and the repair is made pursuant to a
manufacturer's warranty or | ||||||
24 | a service contract where a manufacturer or service
contract | ||||||
25 | provider reimburses that automobile dealer pursuant to a
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26 | manufacturer's warranty or a service contract and the |
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1 | reimbursement is merely
made
to recover the costs of operating | ||||||
2 | the automobile as a loaner vehicle.
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3 | "Rental price" means the consideration for renting or | ||||||
4 | leasing an automobile
valued in money, whether received in | ||||||
5 | money or otherwise, including cash
credits, property and | ||||||
6 | services, and shall be determined without any deduction
on | ||||||
7 | account of the cost of the property rented, the cost of | ||||||
8 | materials used,
labor or service cost, or any other expense | ||||||
9 | whatsoever, but does not
include charges that are added by a | ||||||
10 | rentor on account of the
rentor's tax liability under this Act | ||||||
11 | or on account of the rentor's duty
to collect, from the rentee, | ||||||
12 | the tax that is imposed by Section 4 of this Act.
The phrase | ||||||
13 | "rental price" does not include compensation paid to a rentor | ||||||
14 | by a
rentee in consideration of the waiver by the rentor of any | ||||||
15 | right of action or
claim against the rentee for loss or damage | ||||||
16 | to the automobile
rented and also does not include a separately | ||||||
17 | stated charge for insurance or
recovery of refueling costs or | ||||||
18 | other separately stated charges that are not for
the use of | ||||||
19 | tangible personal property.
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20 | (Source: P.A. 98-574, eff. 1-1-14.)
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21 | Section 10. The Counties Code is amended by changing | ||||||
22 | Section 5-1032 as follows:
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23 | (55 ILCS 5/5-1032) (from Ch. 34, par. 5-1032)
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24 | Sec. 5-1032. County Automobile Renting Occupation Tax. The |
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1 | corporate
authorities of a county may impose a tax
upon all | ||||||
2 | persons engaged in the business of renting automobiles in the | ||||||
3 | county,
but outside any municipality, at the rate of not to | ||||||
4 | exceed 1% of the gross
receipts from such business. For the | ||||||
5 | purposes of imposing a tax under this Section, the facilitation | ||||||
6 | of a privately-owned passenger motor vehicle for use by a | ||||||
7 | person other than the vehicle's registered owner as a part of a | ||||||
8 | personal car facilitation transaction, as defined in Section | ||||||
9 | 1-159.1b of the Illinois Vehicle Code, constitutes engaging in | ||||||
10 | the business of renting automobiles in the county. The tax | ||||||
11 | imposed by a county pursuant to this
Section and all civil | ||||||
12 | penalties that may be assessed as an Incident thereof
shall be | ||||||
13 | collected and enforced by the State Department of Revenue. The
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14 | certificate of registration which is issued by the Department | ||||||
15 | to a retailer
under the "Retailers' Occupation Tax Act", | ||||||
16 | approved June 23, 1933, as amended,
or under the "Automobile | ||||||
17 | Renting Occupation and Use Tax Act", enacted by
the | ||||||
18 | Eighty-Second General Assembly, shall permit such person to | ||||||
19 | engage in
a business which is taxable under any ordinance or | ||||||
20 | resolution enacted pursuant
to this Section without | ||||||
21 | registering separately with the Department under
such | ||||||
22 | ordinance or resolution or under this Section. The Department | ||||||
23 | shall
have full power to administer and enforce this Section; | ||||||
24 | to collect all taxes
and penalties due hereunder; to dispose of | ||||||
25 | taxes and penalties so collected
in the manner hereinafter | ||||||
26 | provided, and to determine all rights to credit
memoranda, |
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1 | arising on account of the erroneous payment of tax or penalty
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2 | hereunder. In the administration of, and compliance with, this | ||||||
3 | Section,
the Department and persons who are subject to this | ||||||
4 | Section shall have the
same rights, remedies, privileges, | ||||||
5 | immunities, powers and duties, and be
subject to the same | ||||||
6 | conditions, restrictions, limitations, penalties and
| ||||||
7 | definitions of terms, and employ the same modes of procedure, | ||||||
8 | as are prescribed
in Sections 2 and 3 (in respect to all | ||||||
9 | provisions therein other than the
State rate of tax; and with | ||||||
10 | relation to the provisions of the "Retailers'
Occupation Tax" | ||||||
11 | referred to therein, except as to the disposition of taxes
and | ||||||
12 | penalties collected, and except for the provision allowing | ||||||
13 | retailers
a deduction from the tax to cover certain costs, and | ||||||
14 | except that credit
memoranda issued hereunder may not be used | ||||||
15 | to discharge any State tax
liability) of the "Automobile | ||||||
16 | Renting Occupation and Use Tax Act", as the
same are now or may | ||||||
17 | hereafter be amended, as fully as if provisions
contained in | ||||||
18 | those Sections of said Act were set forth herein.
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19 | Persons subject to any tax imposed pursuant to the | ||||||
20 | authority granted in
this Section may reimburse themselves for | ||||||
21 | their tax liability hereunder by
separately stating such tax as | ||||||
22 | an additional charge, which charge may be
stated in | ||||||
23 | combination, in a single amount, with State tax which sellers
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24 | are required to collect under the "Automobile Renting | ||||||
25 | Occupation and Use
Tax Act" pursuant to such bracket schedules | ||||||
26 | as the Department may prescribe.
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1 | Whenever the Department determines that a refund should be | ||||||
2 | made under
this Section to a claimant instead of issuing a | ||||||
3 | credit memorandum, the
Department shall notify the State | ||||||
4 | Comptroller, who shall cause the order to
be drawn for the | ||||||
5 | amount specified, and to the person named, in such
notification | ||||||
6 | from the Department. Such refund shall be paid by the State
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7 | Treasurer out of the county automobile renting tax fund.
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8 | The Department shall forthwith pay over to the State | ||||||
9 | Treasurer, ex-officio,
as trustee, all taxes and penalties | ||||||
10 | collected hereunder. On or before the
25th day of each calendar | ||||||
11 | month, the Department shall prepare and certify
to the | ||||||
12 | Comptroller the disbursement of stated sums of money to named | ||||||
13 | counties
from which rentors have paid taxes or penalties | ||||||
14 | hereunder to the Department
during the second preceding | ||||||
15 | calendar month. The amount to be paid to each
county shall be | ||||||
16 | the amount (not including credit memoranda) collected | ||||||
17 | hereunder
during the second preceding calendar month by the | ||||||
18 | Department, and not including
an amount equal to the amount of | ||||||
19 | refunds made during the second preceding
calendar month by the | ||||||
20 | Department on behalf of such county, less 2% of such
balance, | ||||||
21 | which sum shall be retained by the State Treasurer to cover the
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22 | costs incurred by the Department in administering and enforcing | ||||||
23 | this
Section as provided herein. The Department at the time of | ||||||
24 | each monthly
disbursement to the counties shall prepare and | ||||||
25 | certify to the Comptroller
the amount, so retained by the State | ||||||
26 | Treasurer, to be paid into the General
Revenue Fund of the |
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1 | State Treasury. Within 10 days after receipt, by the
| ||||||
2 | Comptroller, of the disbursement certification to the counties | ||||||
3 | and the
General Revenue Fund, provided for in this Section to | ||||||
4 | be given to the
Comptroller by the Department, the Comptroller | ||||||
5 | shall cause the orders to be
drawn for the respective amounts | ||||||
6 | in accordance with the directions
contained in such | ||||||
7 | certification.
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8 | Nothing in this Section shall be construed to authorize a | ||||||
9 | county to
impose a tax upon the privilege of engaging in any | ||||||
10 | business which under the
constitution of the United States may | ||||||
11 | not be made the subject of taxation
by this State.
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12 | An ordinance or resolution imposing a tax hereunder or | ||||||
13 | effecting a change
in the rate thereof shall be effective on | ||||||
14 | the first day of the calendar
month next following the month in | ||||||
15 | which such ordinance or resolution is
passed. The corporate | ||||||
16 | authorities of any county which levies a tax authorized
by this | ||||||
17 | Section shall transmit to the Department of Revenue on or not | ||||||
18 | later
than 5 days after passage of the ordinance or resolution | ||||||
19 | a certified copy
of the ordinance or resolution imposing such | ||||||
20 | tax whereupon the Department
of Revenue shall proceed to | ||||||
21 | administer and enforce this Section on behalf
of such county as | ||||||
22 | of the effective date of the ordinance or resolution.
Upon a | ||||||
23 | change in rate of a tax levied hereunder, or upon the | ||||||
24 | discontinuance
of the tax, the corporate authorities of the | ||||||
25 | county shall on or not later
than 5 days after passage of the | ||||||
26 | ordinance or resolution discontinuing the
tax or effecting a |
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1 | change in rate transmit to the Department of Revenue a
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2 | certified copy of the ordinance or resolution effecting such | ||||||
3 | change or discontinuance.
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4 | The Department of Revenue must upon the request of the | ||||||
5 | County Clerk or County
Board submit to a county a list of those | ||||||
6 | persons who are registered with
the Department to pay | ||||||
7 | automobile renting occupation tax within the unincorporated
| ||||||
8 | area of that governmental unit. This list shall contain only | ||||||
9 | the names
of persons who have paid the tax and not the amount | ||||||
10 | of tax paid by such person.
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11 | This Section shall be known and may be cited as the "County | ||||||
12 | Automobile
Renting Occupation Tax Law".
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13 | (Source: P.A. 86-962.)
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14 | Section 15. The Illinois Municipal Code is amended by | ||||||
15 | changing Section 8-11-7 as follows:
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16 | (65 ILCS 5/8-11-7) (from Ch. 24, par. 8-11-7)
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17 | Sec. 8-11-7.
The corporate authorities of a municipality | ||||||
18 | may impose
a tax upon all persons engaged in the business of | ||||||
19 | renting automobiles in
the municipality at the rate of not to | ||||||
20 | exceed 1% of the gross receipts from
such business. For the | ||||||
21 | purposes of imposing a tax under this Section, the facilitation | ||||||
22 | of a privately-owned passenger motor vehicle for use by a | ||||||
23 | person other than the vehicle's registered owner as a part of a | ||||||
24 | personal car facilitation transaction, as defined in Section |
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| |||||||
1 | 1-159.1b of the Illinois Vehicle Code, constitutes engaging in | ||||||
2 | the business of renting automobiles in the municipality. The | ||||||
3 | tax imposed by a municipality pursuant to this Section
and all | ||||||
4 | civil penalties that may be assessed as an incident thereof | ||||||
5 | shall
be collected and enforced by the State Department of | ||||||
6 | Revenue. The certificate
of registration which is issued by the | ||||||
7 | Department to a retailer under the
Retailers' Occupation Tax | ||||||
8 | Act or under the Automobile Renting Occupation and Use Tax
Act | ||||||
9 | shall permit such
person to engage in a
business which is | ||||||
10 | taxable under any ordinance or resolution enacted pursuant
to | ||||||
11 | this Section without registering separately with the | ||||||
12 | Department under
such ordinance or resolution or under this | ||||||
13 | Section. The Department shall
have full power to administer and | ||||||
14 | enforce this Section; to collect all taxes
and penalties due | ||||||
15 | hereunder; to dispose of taxes and penalties so collected
in | ||||||
16 | the manner hereinafter provided; and to determine all rights to | ||||||
17 | credit
memoranda, arising on account of the erroneous payment | ||||||
18 | of tax or penalty
hereunder. In the administration of, and | ||||||
19 | compliance with, this Section,
the Department and persons who | ||||||
20 | are subject to this Section shall have the
same rights, | ||||||
21 | remedies, privileges, immunities, powers and duties, and be
| ||||||
22 | subject to the same conditions, restrictions, limitations, | ||||||
23 | penalties and
definitions of terms, and employ the same modes | ||||||
24 | of procedure, as are prescribed
in Sections 2 and 3 (in respect | ||||||
25 | to all provisions therein other than the
State rate of tax; and | ||||||
26 | with relation to the provisions of the "Retailers'
Occupation |
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| |||||||
1 | Tax" referred to therein, except as to the disposition of taxes
| ||||||
2 | and penalties collected, and except for the provision allowing | ||||||
3 | retailers
a deduction from the tax to cover certain costs, and | ||||||
4 | except that credit
memoranda issued hereunder may not be used | ||||||
5 | to discharge any State tax
liability) of the Automobile Renting | ||||||
6 | Occupation and Use Tax Act, as fully
as if those provisions | ||||||
7 | were set forth herein.
| ||||||
8 | Persons subject to any tax imposed pursuant to the | ||||||
9 | authority granted in
this Section may reimburse themselves for | ||||||
10 | their tax liability hereunder
by separately stating such tax as | ||||||
11 | an additional charge, which charge may
be stated in | ||||||
12 | combination, in a single amount, with State tax which sellers
| ||||||
13 | are required to collect under the Automobile Renting Occupation | ||||||
14 | and
Use Tax Act pursuant to such bracket schedules as the | ||||||
15 | Department may
prescribe.
| ||||||
16 | Whenever the Department determines that a refund should be | ||||||
17 | made under this
Section to a claimant instead of issuing a | ||||||
18 | credit memorandum, the Department
shall notify the State | ||||||
19 | Comptroller, who shall cause the order to be drawn
for the | ||||||
20 | amount specified, and to the person named, in such notification
| ||||||
21 | from the Department. Such refund shall be paid by the State | ||||||
22 | Treasurer out
of the municipal automobile renting tax fund.
| ||||||
23 | The Department shall forthwith pay over to the State | ||||||
24 | Treasurer, ex-officio,
as trustee, all taxes and penalties | ||||||
25 | collected hereunder. On or before the
25th day of each calendar | ||||||
26 | month, the Department shall prepare and certify
to the |
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| |||||||
1 | Comptroller the disbursement of stated sums of money to named
| ||||||
2 | municipalities, the municipalities to be those from which | ||||||
3 | rentors have paid
taxes or penalties hereunder to the | ||||||
4 | Department during the second preceding
calendar month. The | ||||||
5 | amount to be paid to each municipality shall be the
amount (not | ||||||
6 | including credit memoranda) collected hereunder during the
| ||||||
7 | second preceding calendar month by the Department, and not | ||||||
8 | including an
amount equal to the amount of refunds made during | ||||||
9 | the second preceding
calendar month by the Department on behalf | ||||||
10 | of such municipality, less 1.6%
of such balance, which sum | ||||||
11 | shall be retained by the State Treasurer to
cover the costs | ||||||
12 | incurred by the Department in administering and enforcing
this | ||||||
13 | Section as provided herein. The Department at the time of each
| ||||||
14 | monthly disbursement to the municipalities shall prepare and | ||||||
15 | certify to the
Comptroller the amount, so retained by the State | ||||||
16 | Treasurer, to be paid into
the General Revenue Fund of the | ||||||
17 | State Treasury. Within 10 days after
receipt, by the | ||||||
18 | Comptroller, of the disbursement certification to the
| ||||||
19 | municipalities and the General Revenue Fund, provided for in | ||||||
20 | this
Section to be given to the Comptroller by the Department, | ||||||
21 | the Comptroller
shall cause the orders to be drawn for the | ||||||
22 | respective amounts
in accordance with the directions contained | ||||||
23 | in such certification.
| ||||||
24 | Nothing in this Section shall be construed to authorize a | ||||||
25 | municipality
to impose a tax upon the privilege of engaging in | ||||||
26 | any business which under
the Constitution of the United States |
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| |||||||
1 | may not be made the subject of taxation
by this State.
| ||||||
2 | An ordinance or resolution imposing a tax hereunder or | ||||||
3 | effecting a change
in the rate thereof shall be effective on | ||||||
4 | the first day of the calendar
month next following publication | ||||||
5 | as provided in Section 1-2-4. The corporate
authorities of any | ||||||
6 | municipality which levies a tax authorized by this Section
| ||||||
7 | shall transmit to the Department of Revenue on or not later | ||||||
8 | than 5 days
after publication a certified copy of the ordinance | ||||||
9 | or resolution imposing
such tax whereupon the Department of | ||||||
10 | Revenue shall proceed to administer
and enforce this Section on | ||||||
11 | behalf of such municipality as of the effective
date of the | ||||||
12 | ordinance or resolution. Upon a change in rate of a tax levied
| ||||||
13 | hereunder, or upon the discontinuance of the tax, the corporate | ||||||
14 | authorities
of the municipality shall on or not later than 5 | ||||||
15 | days after publication
of the ordinance or resolution | ||||||
16 | discontinuing the tax or effecting a change
in rate transmit to | ||||||
17 | the Department of Revenue a certified copy of the
ordinance or | ||||||
18 | resolution effecting such change or discontinuance.
| ||||||
19 | The Department of Revenue must upon the request of the | ||||||
20 | municipal clerk,
city council or village board of trustees | ||||||
21 | submit to a city, village or
incorporated town a list of those | ||||||
22 | persons who are registered with the
Department to pay | ||||||
23 | automobile renting occupation tax within that
governmental | ||||||
24 | unit. This list shall contain only the names of persons who
| ||||||
25 | have paid the tax and not the amount of tax paid by such | ||||||
26 | person.
|
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1 | As used in this Section, "municipal" and "municipality" | ||||||
2 | means a city, village
or incorporated town, including an | ||||||
3 | incorporated town which has superseded
a civil township.
| ||||||
4 | This Section shall be known and may be cited as the | ||||||
5 | "Municipal Automobile
Renting Occupation Tax Act".
| ||||||
6 | (Source: P.A. 86-1475.)
| ||||||
7 | Section 20. The Illinois Vehicle Code is amended by | ||||||
8 | changing Sections 6-305.2, 6-305.3, and 9-101 and by adding | ||||||
9 | Sections 1-146.7, 1-159.1a, 1-159.1b, and 1-171.01e as | ||||||
10 | follows: | ||||||
11 | (625 ILCS 5/1-146.7 new) | ||||||
12 | Sec. 1-146.7. Motor vehicle rental company. Any person or | ||||||
13 | entity whose primary business is renting motor vehicles to the | ||||||
14 | public for 30 days or less, including a personal car | ||||||
15 | facilitation company as defined in Section 1-159.1a. "Motor | ||||||
16 | vehicle rental company" includes a rental car company, rental | ||||||
17 | car agency, automobile rental company, vehicle rental company, | ||||||
18 | rental owner, or any other similar entity that engages in the | ||||||
19 | rental of motor vehicles to the public. | ||||||
20 | (625 ILCS 5/1-159.1a new) | ||||||
21 | Sec. 1-159.1a. Personal car facilitation company. A legal | ||||||
22 | entity qualified to do business in this State engaged in the | ||||||
23 | business of facilitating the use, rental, or sharing of |
| |||||||
| |||||||
1 | privately-owned passenger motor vehicles for noncommercial use | ||||||
2 | by individuals within this State. "Personal car facilitation | ||||||
3 | company" does not include the registered owner of the vehicle | ||||||
4 | involved in a personal car facilitation transaction | ||||||
5 | facilitated by a personal car facilitation company. | ||||||
6 | (625 ILCS 5/1-159.1b new) | ||||||
7 | Sec. 1-159.1b. Personal car facilitation transaction. The | ||||||
8 | use of a privately-owned passenger motor vehicle by a person | ||||||
9 | other than the vehicle's registered owner as facilitated by a | ||||||
10 | personal car facilitation company. | ||||||
11 | (625 ILCS 5/1-171.01e new) | ||||||
12 | Sec. 1-171.01e. Rental agreement. An agreement for 30 days | ||||||
13 | or less setting forth the terms and conditions governing the | ||||||
14 | use of a motor vehicle provided by a motor vehicle rental | ||||||
15 | company.
| ||||||
16 | (625 ILCS 5/6-305.2)
| ||||||
17 | Sec. 6-305.2. Limited liability for damage.
| ||||||
18 | (a) Damage to private
passenger vehicle. A person who rents | ||||||
19 | a motor vehicle to another may hold
the renter liable to the | ||||||
20 | extent permitted under subsections (b) through (d) for
physical | ||||||
21 | or mechanical damage to the rented motor vehicle that occurs | ||||||
22 | during
the time the motor vehicle is under the rental | ||||||
23 | agreement.
|
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| |||||||
1 | (b) Limits on liability: vehicle MSRP $50,000 or less. The | ||||||
2 | total liability of a renter under subsection
(a) for damage to | ||||||
3 | a motor vehicle with a Manufacturer's Suggested Retail Price | ||||||
4 | (MSRP) of $50,000 or less may not exceed all of the following:
| ||||||
5 | (1) The lesser of:
| ||||||
6 | (A) Actual and reasonable costs that the person who | ||||||
7 | rents a motor
vehicle to another incurred to repair the | ||||||
8 | motor vehicle or that the rental
company would have | ||||||
9 | incurred if the motor vehicle had been
repaired, which | ||||||
10 | shall reflect any discounts, price reductions, or | ||||||
11 | adjustments
available to the rental company; or
| ||||||
12 | (B) The fair market value of that motor vehicle | ||||||
13 | immediately before the
damage occurred, as determined | ||||||
14 | in the customary market for the retail sale of
that | ||||||
15 | motor vehicle; and
| ||||||
16 | (2) Actual and reasonable costs incurred by the loss | ||||||
17 | due to theft of the
rental motor vehicle up to $2,000; | ||||||
18 | provided, however, that if it is
established that the | ||||||
19 | renter or an authorized driver failed to exercise ordinary
| ||||||
20 | care while in possession of the vehicle or that the renter | ||||||
21 | or an authorized
driver committed or aided and abetted the | ||||||
22 | commission of the theft, then the
damages shall be the | ||||||
23 | actual and reasonable costs of the rental vehicle up to
its | ||||||
24 | fair market value, as determined by the customary market | ||||||
25 | for the sale of
that vehicle.
| ||||||
26 | For purposes of this subsection (b), for the period prior |
| |||||||
| |||||||
1 | to June 1, 1998,
the
maximum amount that may be recovered from | ||||||
2 | an authorized driver shall not exceed
$6,000; for the period | ||||||
3 | beginning June 1, 1998 through May 31, 1999, the maximum
| ||||||
4 | recovery shall not exceed $7,500; and for the period beginning | ||||||
5 | June 1, 1999
through May 31, 2000, the maximum recovery shall | ||||||
6 | not exceed $9,000. Beginning
June
1, 2000,
and annually each | ||||||
7 | June 1 thereafter, the maximum amount that may be recovered
| ||||||
8 | from an authorized driver shall be increased by $500 above the | ||||||
9 | maximum recovery
allowed immediately prior to June 1 of that | ||||||
10 | year.
| ||||||
11 | (b-5) Limits on liability: vehicle MSRP more than $50,000. | ||||||
12 | The total liability of a renter under subsection (a) for damage | ||||||
13 | to a motor vehicle with a Manufacturer's Suggested Retail Price | ||||||
14 | (MSRP) of more than $50,000 may not exceed all of the | ||||||
15 | following: | ||||||
16 | (1) the lesser of: | ||||||
17 | (A) actual and reasonable costs that the person who | ||||||
18 | rents a motor vehicle to another incurred to repair the | ||||||
19 | motor vehicle or that the rental company would have | ||||||
20 | incurred if the motor vehicle had been repaired, which | ||||||
21 | shall reflect any discounts, price reductions, or | ||||||
22 | adjustments available to the rental company; or | ||||||
23 | (B) the fair market value of that motor vehicle | ||||||
24 | immediately before the damage occurred, as determined | ||||||
25 | in the customary market for the retail sale of that | ||||||
26 | motor vehicle; and |
| |||||||
| |||||||
1 | (2) the actual and reasonable costs incurred by the | ||||||
2 | loss due to theft of the rental motor vehicle up to | ||||||
3 | $40,000. | ||||||
4 | The maximum recovery for a motor vehicle with a | ||||||
5 | Manufacturer's Suggested Retail Price (MSRP) of more than | ||||||
6 | $50,000 under this subsection (b-5) shall not exceed $40,000 on | ||||||
7 | the effective date of this amendatory Act of the 99th General | ||||||
8 | Assembly. On October 1, 2016, and for the next 3 years | ||||||
9 | thereafter, the maximum amount that may be recovered from an | ||||||
10 | authorized driver under this subsection (b-5) shall be | ||||||
11 | increased by $2,500 above the prior year's maximum recovery. On | ||||||
12 | October 1, 2020, and for each year thereafter, the maximum | ||||||
13 | amount that may be recovered from an authorized driver under | ||||||
14 | this subsection (b-5) shall be increased by $1,000 above the | ||||||
15 | prior year's maximum recovery. | ||||||
16 | (c) Multiple recoveries prohibited. Any person who rents a | ||||||
17 | motor
vehicle to another may not hold the renter liable for any | ||||||
18 | amounts that the
rental company recovers from any other party.
| ||||||
19 | (d) Repair estimates. A person who rents a motor vehicle to | ||||||
20 | another may
not collect or attempt to collect the amount | ||||||
21 | described in subsection (b) or (b-5) unless
the rental company | ||||||
22 | obtains an estimate from a repair company or an appraiser in
| ||||||
23 | the business of providing such appraisals on the costs of | ||||||
24 | repairing the motor
vehicle, makes a copy of the estimate | ||||||
25 | available upon request to the renter who
may be liable under | ||||||
26 | subsection (a), or the insurer of the renter, and submits a
|
| |||||||
| |||||||
1 | copy of the estimate with any claim to collect the amount | ||||||
2 | described in
subsection (b) or (b-5). In order to collect the | ||||||
3 | amount described in subsection (b-5), a person renting a motor | ||||||
4 | vehicle to another must also provide the renter's personal | ||||||
5 | insurance company with reasonable notice and an opportunity to | ||||||
6 | inspect damages.
| ||||||
7 | (d-5) In the event of loss due to theft of the rental motor | ||||||
8 | vehicle with a MSRP more than $50,000, the rental company shall | ||||||
9 | provide reasonable notice of the theft to the renter's personal | ||||||
10 | insurance company. | ||||||
11 | (e) Duty to mitigate. A claim against a renter resulting | ||||||
12 | from damage or
loss to a rental vehicle must be reasonably and | ||||||
13 | rationally related to the
actual loss incurred. A rental | ||||||
14 | company shall mitigate damages where possible
and shall not | ||||||
15 | assert or collect any claim for physical damage which exceeds | ||||||
16 | the
actual costs of the repair, including all discounts or | ||||||
17 | price reductions.
| ||||||
18 | (f) No rental company shall require a deposit or an advance | ||||||
19 | charge
against
the credit card of a renter, in any form, for | ||||||
20 | damages to a vehicle which is in
the renter's possession, | ||||||
21 | custody, or control. No rental company shall require
any | ||||||
22 | payment for damage to the rental vehicle, upon the renter's | ||||||
23 | return of the
vehicle in a
damaged condition, until after the | ||||||
24 | cost of the damage to the vehicle and
liability therefor is | ||||||
25 | agreed to between the rental company and renter or is
| ||||||
26 | determined pursuant to law.
|
| |||||||
| |||||||
1 | (g) If insurance coverage exists under the renter's | ||||||
2 | personal insurance
policy and the coverage is confirmed during | ||||||
3 | regular business hours, the renter
may require that the rental
| ||||||
4 | company must submit any claims to the renter's personal | ||||||
5 | insurance carrier as
the renter's agent. The rental company | ||||||
6 | shall not make any written or oral
representations that it will | ||||||
7 | not present claims or negotiate with the renter's
insurance | ||||||
8 | carrier. For purposes of this Section, confirmation of coverage
| ||||||
9 | includes telephone confirmation from insurance company | ||||||
10 | representatives during
regular business hours. After
| ||||||
11 | confirmation of coverage, the amount of claim shall be resolved | ||||||
12 | between the
insurance carrier and the rental company.
| ||||||
13 | (h) For the purposes of the allocation of liability for | ||||||
14 | damage to a private passenger vehicle as established under this | ||||||
15 | Section, a motor vehicle rental company that is a personal car | ||||||
16 | facilitation company, as defined in Section 1-159.1a, shall, if | ||||||
17 | any damage to a vehicle occurs at any time when the vehicle is | ||||||
18 | not in possession of the vehicle's registered owner and at the | ||||||
19 | personal car facilitation company's designated location while | ||||||
20 | being made available to rent, under the operation and control | ||||||
21 | of a person other than the vehicle's registered owner under a | ||||||
22 | personal car facilitation transaction facilitated by that | ||||||
23 | company, or at the personal car facilitation company's | ||||||
24 | designated area not being made available to rent, but not yet | ||||||
25 | in the possession of the vehicle's registered owner, assume all | ||||||
26 | liability of the registered owner of the vehicle used in the |
| |||||||
| |||||||
1 | personal car facilitation transaction. Nothing in this | ||||||
2 | subsection (h) prevents a personal car facilitation company | ||||||
3 | from holding a renter in a personal car facilitation | ||||||
4 | transaction liable to the extent permitted under this Section. | ||||||
5 | A personal car facilitation company continues to be liable | ||||||
6 | under this subsection (h) until the end of the personal car | ||||||
7 | facilitation transaction as described in subsection (c) of | ||||||
8 | Section 30 of the Renter's Financial Responsibility and | ||||||
9 | Protection Act or as described in this subsection (h) while the | ||||||
10 | vehicle is at the designated location of the personal car | ||||||
11 | facilitation company. At no time shall the registered owner of | ||||||
12 | the vehicle or the owner's insurer be liable for any exposure, | ||||||
13 | including negligent entrustment, of the vehicle involved in a | ||||||
14 | personal car facilitation transaction as described in | ||||||
15 | subsection (c) of Section 30 of the Renter's Financial | ||||||
16 | Responsibility and Protection Act. | ||||||
17 | (Source: P.A. 99-201, eff. 10-1-15 .)
| ||||||
18 | (625 ILCS 5/6-305.3) | ||||||
19 | Sec. 6-305.3. Vehicle license cost recovery fee. | ||||||
20 | (a) As used in this Section: | ||||||
21 | "Motor vehicle rental company" has the meaning ascribed to | ||||||
22 | it in Section 1-146.7 of this Code means a person or entity | ||||||
23 | whose primary business is renting motor vehicles to the public | ||||||
24 | for 30 days or less . | ||||||
25 | "Inspect" or "inspection" means a vehicle emissions |
| |||||||
| |||||||
1 | inspection under Chapter 13C of this Code. | ||||||
2 | "Rental agreement" has the meaning ascribed to it in | ||||||
3 | Section 1-171.01e of this Code means an agreement for 30 days | ||||||
4 | or less setting forth the terms and conditions governing the | ||||||
5 | use of a motor vehicle provided by a rental company. | ||||||
6 | "Motor vehicle" means motor vehicles of the first division | ||||||
7 | and motor vehicles of the second division weighing not more | ||||||
8 | than 8,000 pounds. | ||||||
9 | "Vehicle license cost recovery fee" or "VLCRF" means a | ||||||
10 | charge that may be separately stated and charged on a rental | ||||||
11 | agreement in a vehicle rental transaction originating in | ||||||
12 | Illinois to recover costs incurred either directly or | ||||||
13 | indirectly by a motor vehicle rental company to license, title, | ||||||
14 | register, and inspect motor vehicles. | ||||||
15 | (b) Motor vehicle rental companies may include a separately | ||||||
16 | stated mandatory surcharge or fee in a rental agreement for | ||||||
17 | vehicle license cost recovery fees (VLCRF) and all applicable | ||||||
18 | taxes. | ||||||
19 | (c) If a motor vehicle rental company includes a VLCRF as | ||||||
20 | separately stated charge in a rental agreement, the amount of | ||||||
21 | the fee must represent the motor vehicle rental company's | ||||||
22 | good-faith estimate of the automobile rental company's daily | ||||||
23 | charge as calculated by the motor vehicle rental company to | ||||||
24 | recover its actual total annual motor vehicle titling, | ||||||
25 | registration, and inspection costs. | ||||||
26 | (d) If the total amount of the VLCRF collected by a motor |
| |||||||
| |||||||
1 | vehicle rental company under this Section in any calendar year | ||||||
2 | exceeds the motor vehicle rental company's actual costs to | ||||||
3 | license, title, register, and inspect for that calendar year, | ||||||
4 | the motor vehicle rental company shall do both of the | ||||||
5 | following: | ||||||
6 | (1) Retain the excess amount; and | ||||||
7 | (2) Adjust the estimated average per vehicle titling, | ||||||
8 | licensing, inspection, and registration charge for the | ||||||
9 | following calendar year by a corresponding amount. | ||||||
10 | (e) Nothing in subsection (d) of this Section shall prevent | ||||||
11 | a motor vehicle rental company from making adjustments to the | ||||||
12 | VLCRF during the calendar year.
| ||||||
13 | (Source: P.A. 96-37, eff. 7-13-09; 97-595, eff. 8-26-11.)
| ||||||
14 | (625 ILCS 5/9-101) (from Ch. 95 1/2, par. 9-101)
| ||||||
15 | Sec. 9-101.
Owner of for-rent motor vehicle to give proof | ||||||
16 | of financial
responsibility. For purposes of this Chapter, "for | ||||||
17 | rent" means any transfer of
the possession of or right to | ||||||
18 | possession of a motor vehicle to a user for a
valuable | ||||||
19 | consideration for a period of less than one year, and "to | ||||||
20 | lease" means
any transfer of the possession of or right to | ||||||
21 | possession of a motor vehicle to
a user for a period of one | ||||||
22 | year or more. It is unlawful for the owner of any
motor vehicle | ||||||
23 | to engage in the business, or to hold himself out to the public
| ||||||
24 | generally as being engaged in the business of renting out such | ||||||
25 | motor vehicle to
be operated by the customer, unless the owner |
| |||||||
| |||||||
1 | has given, and there is in full
force and effect and on file | ||||||
2 | with the Secretary of State proof of financial
responsibility | ||||||
3 | as hereinafter provided. For the purposes of this Section, the | ||||||
4 | facilitation of a privately-owned passenger motor vehicle for | ||||||
5 | use by a person other than the vehicle's registered owner as a | ||||||
6 | part of a personal car facilitation transaction shall | ||||||
7 | constitute engaging in the business of renting out motor | ||||||
8 | vehicles in this State. For the purposes of providing proof of | ||||||
9 | financial responsibility under this Section, a personal car | ||||||
10 | facilitation company shall be considered the owner of the | ||||||
11 | vehicle and financially responsible for that vehicle at any | ||||||
12 | time the vehicle is used in a personal car facilitation | ||||||
13 | transaction facilitated by that company and under the operation | ||||||
14 | and control of a person other than the vehicle's registered | ||||||
15 | owner. The delivery of a vehicle owned by an
out of State | ||||||
16 | person or business to a renter in this State shall constitute
| ||||||
17 | engaging in the rental business in this State for purposes of | ||||||
18 | this Section.
| ||||||
19 | All owners of motor vehicles which are leased for a period | ||||||
20 | of one year
or more are not required to provide proof of | ||||||
21 | insurance as required under
this chapter, but instead must | ||||||
22 | comply with Section 7-601 of this Code and
obtain vehicle | ||||||
23 | insurance in amounts no less than the minimum amount set for
| ||||||
24 | bodily injury or death and for destruction of property pursuant | ||||||
25 | to Section
7-203 of this Code.
| ||||||
26 | (Source: P.A. 86-880; 87-1220.)
|
| |||||||
| |||||||
1 | Section 25. The Automated Traffic Control Systems in | ||||||
2 | Highway Construction or Maintenance Zones Act is amended by | ||||||
3 | changing Section 45 as follows: | ||||||
4 | (625 ILCS 7/45)
| ||||||
5 | Sec. 45. Vehicle rental or leasing company's | ||||||
6 | identification of a renter or lessee. | ||||||
7 | (a)
A Uniform Traffic Citation issued under this Act to a | ||||||
8 | motor vehicle rental or leasing company shall be dismissed with | ||||||
9 | respect to the rental or leasing company if: | ||||||
10 | (1) the company responds to the Uniform Traffic | ||||||
11 | Citation by submitting, within 30 days of the mailing of | ||||||
12 | the citation, an affidavit of non-liability stating that, | ||||||
13 | at the time of the alleged speeding or other traffic | ||||||
14 | violation, the vehicle was in the custody and control of a | ||||||
15 | renter or lessee under the terms of a rental agreement or | ||||||
16 | lease; and | ||||||
17 | (2) the company provides the driver's license number, | ||||||
18 | name, and address of the renter or lessee. | ||||||
19 | (a-5) A Uniform Traffic Citation issued under this Act to | ||||||
20 | the registered owner of a vehicle used in personal car | ||||||
21 | facilitation transaction, as defined in Section 1-159.1b of the | ||||||
22 | Illinois Vehicle Code, shall be dismissed with respect to the | ||||||
23 | registered owner if: | ||||||
24 | (1) the registered owner responds to the Uniform |
| |||||||
| |||||||
1 | Traffic Citation by submitting, within 30 days of the | ||||||
2 | mailing of the citation, an affidavit of non-liability | ||||||
3 | stating that, at the time of the alleged speeding or other | ||||||
4 | traffic violation, the vehicle was under the operation and | ||||||
5 | control of a person other than the vehicle's registered | ||||||
6 | owner under a personal car facilitation transaction | ||||||
7 | facilitated by a personal car facilitation company; and | ||||||
8 | (2) the registered owner provides proof of the | ||||||
9 | transaction facilitated by the personal car facilitation | ||||||
10 | company between the registered owner of the vehicle and the | ||||||
11 | driver of the vehicle during the alleged violation. | ||||||
12 | (b) A Uniform Traffic Citation dismissed with respect to a | ||||||
13 | motor vehicle rental or leasing company in accordance with | ||||||
14 | subsection (a) may then be issued and delivered by mail or | ||||||
15 | other means to the renter or lessee identified in the affidavit | ||||||
16 | of non-liability.
| ||||||
17 | (Source: P.A. 93-947, eff. 8-19-04.) | ||||||
18 | Section 30. The Renter's Financial Responsibility and | ||||||
19 | Protection Act is amended by changing Section 10 and by adding | ||||||
20 | Section 30 as follows:
| ||||||
21 | (625 ILCS 27/10)
| ||||||
22 | Sec. 10. Definitions. As used in this Act:
| ||||||
23 | "Personal car facilitation company" means a legal entity | ||||||
24 | qualified to do business in this State engaged in the business |
| |||||||
| |||||||
1 | of facilitating the use, rental, or sharing of privately-owned | ||||||
2 | passenger motor vehicles for noncommercial use by individuals | ||||||
3 | within this State. "Personal car facilitation company" does not | ||||||
4 | include the registered owner of the vehicle facilitated by a | ||||||
5 | personal car facilitation company for the purpose of personal | ||||||
6 | car facilitation. | ||||||
7 | "Personal car facilitation transaction" means the use of a | ||||||
8 | privately-owned passenger motor vehicle by a person other than | ||||||
9 | the vehicle's registered owner as facilitated by a personal car | ||||||
10 | facilitation company. | ||||||
11 | "Rental Company" means a person or entity that rents
| ||||||
12 | private passenger vehicles to the public for 30 days or less. | ||||||
13 | "Rental company" includes a personal car facilitation company.
| ||||||
14 | "Renter" means a person or entity that obtains the use of a | ||||||
15 | private
passenger vehicle from a rental company under terms of | ||||||
16 | a rental agreement.
| ||||||
17 | "Rental Agreement" means an agreement for 30 days or less | ||||||
18 | setting
forth the terms and conditions governing the use of a | ||||||
19 | private passenger vehicle
provided by a rental company.
| ||||||
20 | "Authorized Driver" means: the renter; the renter's spouse | ||||||
21 | if the spouse is a
licensed driver and satisfies
the rental | ||||||
22 | company's minimum age requirement; the renter's employer, | ||||||
23 | employee,
or co-worker if that person is a
licensed driver, | ||||||
24 | satisfies the rental company's minimum age requirement, and at
| ||||||
25 | the time of the rental is engaged in a business activity with | ||||||
26 | the renter; any
person who is expressly listed by the rental |
| |||||||
| |||||||
1 | company on the
rental
agreement as an authorized driver; and | ||||||
2 | any person driving directly to a medical
or police facility | ||||||
3 | under
circumstances reasonably believed to constitute an | ||||||
4 | emergency and who is a
licensed driver.
| ||||||
5 | "Damage Waiver" means a rental company's agreement not to | ||||||
6 | hold
an authorized driver liable for all or a part of any | ||||||
7 | damage to or loss of a
rented vehicle for which the renter may
| ||||||
8 | be liable pursuant to Section 6-305.2. "Damage Waiver" shall | ||||||
9 | encompass within
its meaning other similar terms
used by rental | ||||||
10 | companies, such as "Collision Damage Waiver", "Loss Damage
| ||||||
11 | Waiver", "Physical Damage Waiver", and the like.
| ||||||
12 | (Source: P.A. 90-113, eff. 7-14-97.)
| ||||||
13 | (625 ILCS 27/30 new) | ||||||
14 | Sec. 30. Personal car facilitation company obligations and | ||||||
15 | liability. | ||||||
16 | (a) Notwithstanding any provision to the contrary, a rental | ||||||
17 | company that is a personal car facilitation company shall, when | ||||||
18 | applicable, be subject to the statutory and regulatory | ||||||
19 | obligations pertaining to all motor vehicle rental companies. | ||||||
20 | (b) If any loss or injury occurs at any time a vehicle is | ||||||
21 | under the operation and control of a person other than the | ||||||
22 | vehicle's registered owner under a personal car facilitation | ||||||
23 | transaction facilitated by a personal car facilitation | ||||||
24 | company, the company shall assume all liability of the | ||||||
25 | registered owner of the vehicle used in the personal car |
| |||||||
| |||||||
1 | facilitation transaction and shall be considered the vehicle's | ||||||
2 | owner for all purposes. | ||||||
3 | (c) A personal car facilitation company continues to be | ||||||
4 | liable under subsection (b) of this Section until the vehicle | ||||||
5 | is returned to a location designated by the company, and one of | ||||||
6 | the following occur: | ||||||
7 | (1) the expiration of the personal car facilitation | ||||||
8 | period established for the vehicle occurs; | ||||||
9 | (2) the intent to terminate the vehicle's personal car | ||||||
10 | facilitation transaction is verifiably communicated to the | ||||||
11 | company; or | ||||||
12 | (3) the vehicle's registered owner takes possession | ||||||
13 | and control of the vehicle. | ||||||
14 | If any loss giving rise to a claim occurs, the personal car | ||||||
15 | facilitation company shall initially assume liability for a | ||||||
16 | claim in which a dispute exists as to who was in control of the | ||||||
17 | vehicle and seek indemnification if it is later determined that | ||||||
18 | the registered owner was in possession of the vehicle. | ||||||
19 | (d) At no time shall the registered owner of the vehicle or | ||||||
20 | the owner's insurer be held liable for any loss, injury, | ||||||
21 | damage, or violation involving his or her vehicle occurring | ||||||
22 | during a personal car facilitation transaction unless it is | ||||||
23 | shown that the registered owner was operating or in control of | ||||||
24 | the vehicle at the time of the loss, injury, damage, or | ||||||
25 | violation. | ||||||
26 | (e) Notwithstanding any provision to the contrary, for the |
| |||||||
| |||||||
1 | purposes of the issuance of a civil penalty for a violation of | ||||||
2 | Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 of the | ||||||
3 | Illinois Vehicle Code, the violation shall be dismissed with | ||||||
4 | respect to the registered owner of the vehicle, and the | ||||||
5 | personal car facilitation company shall be considered the | ||||||
6 | vehicle's owner for purposes of violation, if: | ||||||
7 | (1) the registered owner responds to the citation by | ||||||
8 | submitting, within 30 days of the mailing of the citation, | ||||||
9 | an affidavit of non-liability stating that, at the time of | ||||||
10 | the alleged violation, the vehicle was under the operation | ||||||
11 | and control of a person other than the vehicle's registered | ||||||
12 | owner under a personal car facilitation transaction | ||||||
13 | facilitated by a personal car facilitation company; and | ||||||
14 | (2) the registered owner provides proof of the | ||||||
15 | transaction facilitated by the personal car facilitation | ||||||
16 | company with the driver of his or her vehicle during the | ||||||
17 | alleged violation. | ||||||
18 | (f) Nothing in this Section shall limit the liability of | ||||||
19 | the personal car facilitation company for any acts or omissions | ||||||
20 | by the company that result in injury to any persons as a result | ||||||
21 | of the use or operation of a vehicle during a personal car | ||||||
22 | facilitation transaction. | ||||||
23 | (g) The personal car facilitation company shall collect and | ||||||
24 | verify records pertaining to the use of a vehicle, including, | ||||||
25 | but not limited to, times used, fees paid by the rentor, and | ||||||
26 | revenues received by the vehicle owner, and provide that |
| |||||||
| |||||||
1 | information upon request to the registered vehicle owner, the | ||||||
2 | owner's insurer, and the insurer of a person operating the | ||||||
3 | vehicle during the personal car transaction and shall retain | ||||||
4 | the records for a reasonable period after the expiration of the | ||||||
5 | applicable personal injury statute of limitations. | ||||||
6 | (h) The personal car facilitation company shall have sole | ||||||
7 | responsibility for any equipment, such as a GPS system or other | ||||||
8 | special equipment, that is put in or on the vehicle to monitor | ||||||
9 | or facilitate the transaction, and shall agree to indemnify and | ||||||
10 | hold harmless the vehicle owner for any damage to or theft of | ||||||
11 | such equipment. ".
|