SB0959 EnrolledLRB097 04683 HEP 44722 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Sections 6-305, 6-305.3, 18c-4201, 18c-4203, and 18c-4204 as
6follows:
 
7    (625 ILCS 5/6-305)  (from Ch. 95 1/2, par. 6-305)
8    Sec. 6-305. Renting motor vehicle to another.
9    (a) No person shall rent a motor vehicle to any other
10person unless the latter person, or a driver designated by a
11nondriver with disabilities and meeting any minimum age and
12driver's record requirements that are uniformly applied by the
13person renting a motor vehicle, is then duly licensed hereunder
14or, in the case of a nonresident, then duly licensed under the
15laws of the State or country of his residence unless the State
16or country of his residence does not require that a driver be
17licensed.
18    (b) No person shall rent a motor vehicle to another until
19he has inspected the drivers license of the person to whom the
20vehicle is to be rented, or by whom it is to be driven, and
21compared and verified the signature thereon with the signature
22of such person written in his presence unless, in the case of a
23nonresident, the State or country wherein the nonresident

 

 

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1resides does not require that a driver be licensed.
2    (c) No person shall rent a motorcycle to another unless the
3latter person is then duly licensed hereunder as a motorcycle
4operator, and in the case of a nonresident, then duly licensed
5under the laws of the State or country of his residence, unless
6the State or country of his residence does not require that a
7driver be licensed.
8    (c-1) A rental car company that rents a motor vehicle shall
9ensure that the renter is provided with an emergency telephone
10number to personnel capable of fielding roadside assistance and
11other customer service inquiries, including the ability to
12provide the caller with the telephone number of the location
13from which the vehicle was rented, if requested by the caller.
14If an owner's manual is not available in the vehicle at the
15time of the rental, an owner's manual for that vehicle or a
16similar model shall be accessible by the personnel answering
17the emergency telephone number for assistance with inquiries
18about the operation of the vehicle.
19    (d) (Blank).
20    (e) (Blank).
21    (f) Subject to subsection (l), any person who rents a motor
22vehicle to another shall only advertise, quote, and charge a
23rental rate that includes the entire amount except taxes, and a
24mileage charge, and airport concession charge, if any, which a
25renter must pay to hire or lease the vehicle for the period of
26time to which the rental rate applies. The person must provide,

 

 

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1on the request of the renter, based on the available
2information, an estimated total of the daily rental rate,
3including all applicable taxes, fees, and other charges, or an
4estimated total rental charge, based on the return date of the
5vehicle noted on the rental agreement. Further, if the rental
6agreement does not already provide an estimated total rental
7charge, the following statement must be included in the rental
8agreement:
9    "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
10    AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL
11    RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN
12    ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN
13    DATE NOTED ON THIS AGREEMENT."
14    Such person shall not charge in addition to the rental
15rate, taxes, and mileage charge, and airport concession charge,
16if any, any fee which must be paid by the renter as a condition
17of hiring or leasing the vehicle, such as, but not limited to,
18required fuel or airport surcharges, nor any fee for
19transporting the renter to the location where the rented
20vehicle will be delivered to the renter. In addition to the
21rental rate, taxes, and mileage charge, and airport concession
22charge, if any, such person may charge for an item or service
23provided in connection with a particular rental transaction if
24the renter can avoid incurring the charge by choosing not to
25obtain or utilize the optional item or service. Items and
26services for which such person may impose an additional charge

 

 

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1include, but are not limited to, optional insurance and
2accessories requested by the renter, service charges incident
3to the renter's optional return of the vehicle to a location
4other than the location where the vehicle was hired or leased,
5and charges for refueling the vehicle at the conclusion of the
6rental transaction in the event the renter did not return the
7vehicle with as much fuel as was in the fuel tank at the
8beginning of the rental. "Airport concession charge" means a
9charge or fee imposed and collected from a renter to reimburse
10the motor vehicle rental company for the concession fee it is
11required to pay to a local government corporate authority or
12airport authority to rent motor vehicles at the airport
13facility. The airport concession charge is in addition to any
14customer facility charge or any other charge.
15    (g) Every person renting a motor vehicle to another shall
16keep a record of the registration number of the motor vehicle
17so rented, the name and address of the person to whom the
18vehicle is rented, the number of the license, if any, of said
19latter person, and the date and place when and where the
20license, if any, was issued. Such record shall be open to
21inspection by any police officer or designated agent of the
22Secretary of State.
23    (h) A person licensed as a new car dealer under Section
245-101 of this Code shall not be subject to the provisions of
25this Section regarding the rental of private passenger motor
26vehicles when providing, free of charge, temporary substitute

 

 

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1vehicles for customers to operate during a period when a
2customer's vehicle, which is either leased or owned by that
3customer, is being repaired, serviced, replaced or otherwise
4made unavailable to the customer in accordance with an
5agreement with the licensed new car dealer or vehicle
6manufacturer, so long as the customer orally or in writing is
7made aware that the temporary substitute vehicle will be
8covered by his or her insurance policy and the customer shall
9only be liable to the extent of any amount deductible from such
10insurance coverage in accordance with the terms of the policy.
11    (i) This Section, except the requirements of subsection
12(g), also applies to rental agreements of 30 continuous days or
13less involving a motor vehicle that was delivered by an out of
14State person or business to a renter in this State.
15    (j) A public airport may, if approved by its local
16government corporate authorities or its airport authority,
17impose a customer facility charge upon customers of rental car
18companies for the purposes of financing, designing,
19constructing, operating, and maintaining consolidated car
20rental facilities and common use transportation equipment and
21facilities, which are used to transport the customer,
22connecting consolidated car rental facilities with other
23airport facilities.
24    Notwithstanding subsection (f) of this Section, the
25customer facility charge shall be collected by the rental car
26company as a separate charge, and clearly indicated as a

 

 

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1separate charge on the rental agreement and invoice. Facility
2charges shall be immediately deposited into a trust account for
3the benefit of the airport and remitted at the direction of the
4airport, but not more often than once per month. The charge
5shall be uniformly calculated on a per-contract or per-day
6basis. Facility charges imposed by the airport may not exceed
7the reasonable costs of financing, designing, constructing,
8operating, and maintaining the consolidated car rental
9facilities and common use transportation equipment and
10facilities and may not be used for any other purpose.
11    Notwithstanding any other provision of law, the charges
12collected under this Section are not subject to retailer
13occupation, sales, use, or transaction taxes.
14    (k) When a rental car company states a rental rate in any
15of its rate advertisements, its proprietary computer
16reservation systems, or its in-person quotations intended to
17apply to an airport rental, a company that collects from its
18customers a customer facility charge for that rental under
19subsection (j) shall do all of the following:
20        (1) Clearly and conspicuously disclose in any radio,
21    television, or other electronic media advertisements the
22    existence and amount of the charge if the advertisement is
23    intended for rentals at an airport imposing the charge or,
24    if the advertisement covers an area with multiple airports
25    with different charges, a range of amounts of customer
26    facility charges if the advertisement is intended for

 

 

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1    rentals at an airport imposing the charge.
2        (2) Clearly and conspicuously disclose in any print
3    rate advertising the existence and amount of the charge if
4    the advertisement is intended for rentals at an airport
5    imposing the charge or, if the print rate advertisement
6    covers an area with multiple airports with different
7    charges, a range of amounts of customer facility charges if
8    the advertisement is intended for rentals at an airport
9    imposing the charge.
10        (3) Clearly and conspicuously disclose the existence
11    and amount of the charge in any telephonic, in-person, or
12    computer-transmitted quotation from the rental car
13    company's proprietary computer reservation system at the
14    time of making an initial quotation of a rental rate if the
15    quotation is made by a rental car company location at an
16    airport imposing the charge and at the time of making a
17    reservation of a rental car if the reservation is made by a
18    rental car company location at an airport imposing the
19    charge.
20        (4) Clearly and conspicuously display the charge in any
21    proprietary computer-assisted reservation or transaction
22    directly between the rental car company and the customer,
23    shown or referenced on the same page on the computer screen
24    viewed by the customer as the displayed rental rate and in
25    a print size not smaller than the print size of the rental
26    rate.

 

 

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1        (5) Clearly and conspicuously disclose and separately
2    identify the existence and amount of the charge on its
3    rental agreement.
4        (6) A rental car company that collects from its
5    customers a customer facility charge under subsection (j)
6    and engages in a practice which does not comply with
7    subsections (f), (j), and (k) commits an unlawful practice
8    within the meaning of the Consumer Fraud and Deceptive
9    Business Practices Act.
10    (l) Notwithstanding subsection (f), any person who rents a
11motor vehicle to another may, in connection with the rental of
12a motor vehicle to (i) a business renter or (ii) a business
13program sponsor under the sponsor's business program, do the
14following:
15        (1) separately quote, by telephone, in person, or by
16    computer transmission, additional charges for the rental;
17    and
18        (2) separately impose additional charges for the
19    rental.
20    (m) As used in this Section:
21        (1) "Additional charges" means charges other than: (i)
22    a per period base rental rate; (ii) a mileage charge; (iii)
23    taxes; or (iv) a customer facility charge.
24        (2) "Business program" means:
25            (A) a contract between a person who rents motor
26        vehicles and a business program sponsor that

 

 

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1        establishes rental rates at which the person will rent
2        motor vehicles to persons authorized by the sponsor; or
3            (B) a plan, program, or other arrangement
4        established by a person who rents motor vehicles at the
5        request of, or with the consent of, a business program
6        sponsor under which the person offers to rent motor
7        vehicles to persons authorized by the sponsor on terms
8        that are not the same as those generally offered by the
9        rental company to the public.
10        (3) "Business program sponsor" means any legal entity
11    other than a natural person, including a corporation,
12    limited liability company, partnership, government,
13    municipality or agency, or a natural person operating a
14    business as a sole proprietor.
15        (4) "Business renter" means any person renting a motor
16    vehicle for business purposes or, for any business program
17    sponsor, a person who is authorized by the sponsor to enter
18    into a rental contract under the sponsor's business
19    program. "Business renter" does not include a person
20    renting as:
21            (A) a non-employee member of a not-for-profit
22        organization;
23            (B) the purchaser of a voucher or other prepaid
24        rental arrangement from a person, including a tour
25        operator, engaged in the business of reselling those
26        vouchers or prepaid rental arrangements to the general

 

 

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1        public;
2            (C) an individual whose car rental is eligible for
3        reimbursement in whole or in part as a result of the
4        person being insured or provided coverage under a
5        policy of insurance issued by an insurance company; or
6            (D) an individual whose car rental is eligible for
7        reimbursement in whole or in part as a result of the
8        person purchasing motor vehicle repair services from a
9        person licensed to perform those services.
10(Source: P.A. 94-717, eff. 12-19-05; 95-770, eff. 1-1-09.)
 
11    (625 ILCS 5/6-305.3)
12    Sec. 6-305.3. Vehicle license cost recovery fee.
13    (a) As used in this Section:
14    "Motor vehicle Automobile rental company" means a person or
15entity whose primary business is renting motor private
16passenger vehicles to the public for 30 days or less.
17    "Inspect" or "inspection" means a vehicle emissions
18inspection under Chapter 13C of this Code.
19    "Rental agreement" means an agreement for 30 days or less
20setting forth the terms and conditions governing the use of a
21motor private passenger vehicle provided by a rental company.
22    "Motor vehicle" means motor passenger vehicles of the first
23division and motor vehicles of the second division weighing not
24more than 8,000 pounds.
25    "Vehicle license cost recovery fee" or "VLCRF" means a

 

 

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1charge that may be separately stated and charged on a rental
2agreement in a vehicle rental transaction originating in
3Illinois to recover costs incurred either directly or
4indirectly by a motor vehicle an automobile rental company to
5license, title, register, and inspect motor vehicles.
6    (b) Motor vehicle Automobile rental companies may include a
7separately stated mandatory surcharge or fee in a rental
8agreement for vehicle license cost recovery fees (VLCRF) and
9all applicable taxes.
10    (c) If a motor vehicle an automobile rental company
11includes a VLCRF as separately stated charge in a rental
12agreement, the amount of the fee must represent the motor
13vehicle automobile rental company's good-faith estimate of the
14automobile rental company's daily charge as calculated by the
15motor vehicle automobile rental company to recover its actual
16total annual motor vehicle titling, registration, and
17inspection costs.
18    (d) If the total amount of the VLCRF collected by a motor
19vehicle automobile rental company under this Section in any
20calendar year exceeds the motor vehicle automobile rental
21company's actual costs to license, title, register, and inspect
22for that calendar year, the motor vehicle automobile rental
23company shall do both of the following:
24        (1) Retain the excess amount; and
25        (2) Adjust the estimated average per vehicle titling,
26    licensing, inspection, and registration charge for the

 

 

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1    following calendar year by a corresponding amount.
2    (e) Nothing in subsection (d) of this Section shall prevent
3a motor vehicle automobile rental company from making
4adjustments to the VLCRF during the calendar year.
5(Source: P.A. 96-37, eff. 7-13-09.)
 
6    (625 ILCS 5/18c-4201)  (from Ch. 95 1/2, par. 18c-4201)
7    Sec. 18c-4201. Licensing cases.
8    (1) Scope of Section. The provisions of this Chapter
9relating to household goods carrier licensing apply to
10applications:
11        (a) For a license authorizing a carrier to operate as
12    an intrastate household goods carrier;
13        (b) To transfer a certificate, permit, or license or to
14    change the name on a certificate, permit, or license; and
15        (c) To convert household goods contract carrier
16    authority to household goods common carrier authority.
17    (2) Form and content of household goods carrier licensing
18applications. Household goods carrier licensing applications
19shall be on such forms and contain such information as may be
20prescribed by the Commission, be verified under oath, and shall
21be accompanied by the required filing fee.
22    (3) Public notice of applications.
23        (a) Review of applications prior to publication. The
24    Commission may provide for preliminary review of each
25    application to determine if it is complete, if it gives

 

 

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1    adequate notice, and if the authority requested is
2    unenforceably vague or otherwise contrary to the
3    provisions of this Chapter.
4        (b) Authorization to submit application for
5    publication. If the Commission determines after review
6    that the application is defective in any respect, it shall
7    promptly notify the applicant. No application shall be
8    submitted to the official newspaper for publication until
9    after it has been approved for publication, if the
10    Commission has provided for preliminary review. If the
11    Commission does not find that the application is defective,
12    or if it finds that any defects have been removed by
13    amendment, the applicant shall be permitted to submit the
14    application to the official newspaper for publication. The
15    Commission shall complete its review and notify the
16    applicant within 15 days after filing of the application.
17        (c) Additional notice prescribed by the Commission.
18    The Commission may direct applicant to give such further
19    notice in connection with its application as the Commission
20    deems necessary. The Commission may, itself, give such
21    additional notice as it deems necessary.
22    (4) Hearing on licensing applications.
23        (a) Participation at hearing. Any person having
24    standing to participate under this Chapter may appear and
25    participate in a hearing before the Commission to the
26    extent of its standing, provided that the person has

 

 

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1    complied with Commission regulations concerning the filing
2    of petitions for leave to intervene and like pleadings.
3    Petitions for leave to intervene must be filed within 15
4    days after publication, unless the Commission provides for
5    filing at a later date. The Commission may permit
6    additional persons to appear and participate, on such terms
7    as the Commission shall prescribe, where such
8    participation is deemed necessary to an informed and just
9    resolution of the issues in the proceeding. No shipper
10    representative shall be permitted to testify in support of
11    an application for a motor common carrier certificate or a
12    motor contract carrier permit on the issue of need for
13    service unless:
14            (i) A supporting statement was filed on behalf of
15        the shipper at least 10 days prior to the date of
16        testimony; and
17            (ii) If the supporting statement was not filed with
18        the application, the statement was served on all
19        parties of record at least 10 days prior to the date of
20        testimony.
21        (b) Setting, notice, and hearing. Notwithstanding any
22    contrary provisions in Section 18c-2101 of this Chapter, a
23    hearing shall be held on each licensing application to
24    determine that the requirements of this Chapter have been
25    satisfied, except as otherwise provided in Section
26    18c-4306 of this Chapter. The Commission shall set the

 

 

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1    hearing at a time not less than 15 days after publication
2    in the official newspaper. The Commission shall serve
3    notice of hearing on each party of record.
4        (c) Issuance of orders after hearing. The Commission
5    may issue summary orders in cases where the licensing
6    application was not opposed in a timely pleading addressed
7    to the Commission, or was opposed in a timely pleading but
8    such opposition was later withdrawn or the parties in
9    opposition waived all right to other than a summary order.
10    Summary orders shall be issued within 10 days after the
11    close of oral hearing or such other period as the
12    Commission may prescribe. Where a party requests, in a
13    properly filed motion for reconsideration or rehearing, a
14    detailed statement of findings and conclusions, the
15    Commission shall vacate the summary order and issue a new
16    order in accordance with Sub-chapters 1 and 2 of this
17    Chapter. Otherwise, orders shall be issued in accordance
18    with provisions of Sub-chapters 1 and 2 of this Chapter.
19(Source: P.A. 89-444, eff. 1-25-96.)
 
20    (625 ILCS 5/18c-4203)  (from Ch. 95 1/2, par. 18c-4203)
21    Sec. 18c-4203. Household goods contract carrier permits.
22    (1) Prerequisite to operation as a household goods contract
23carrier. No person shall operate as a household goods contract
24carrier of property unless such person possesses a household
25goods contract carrier permit issued by the Commission and in

 

 

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1good standing.
2    (2) Requirements for issuance.
3        (a) General requirements. The Commission shall grant
4    an application for a household goods contract carrier
5    permit, in whole or in part, to the extent that it finds
6    that the application was properly filed; supporting
7    shippers need the proposed service; the applicant is fit,
8    willing and able to provide the service in compliance with
9    this Chapter, Commission regulations and orders; and
10    issuance of the permit will be consistent with the public
11    interest. Otherwise, the application shall be denied. The
12    burden of proving that the requirements for issuance of a
13    household goods contract carrier permit have been met shall
14    be borne by the applicant.
15        (b) Conversion to household goods common carrier
16    authority. The Commission may, at the request of the
17    holder, authorize the conversion of household goods
18    contract carrier authority to household goods common
19    carrier authority, subject to the same terms, conditions,
20    limitations, and regulations as other household goods
21    common carriers.
22        (c) Cancellation and non-renewal of contracts.
23    Cancellation or non-renewal of a contract, or failure to
24    keep on file with the Commission a copy of a valid
25    contract, shall render a permit void with regard to the
26    involved shipper.

 

 

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1    (3) Duties and practices of household goods contract
2carriers.
3        (a) Services. Household goods contract carriers shall
4    provide safe and adequate transportation service to their
5    contracting shippers within the scope of their authorities
6    and contracts and in compliance with this Chapter,
7    Commission regulations and orders.
8        (b) Contracts. Each household goods contract carrier
9    shall file with the Commission a copy of each contract
10    executed under authority of its permit, and shall provide
11    no service except in accordance with contracts on file with
12    the Commission. The Commission may, at any time, reject
13    contracts filed with it which do not comply with the
14    provisions of this Chapter, Commission regulations and
15    orders.
16(Source: P.A. 89-444, eff. 1-25-96.)
 
17    (625 ILCS 5/18c-4204)  (from Ch. 95 1/2, par. 18c-4204)
18    Sec. 18c-4204. Standards to be considered in issuing common
19and contract household goods carrier licenses. The Commission
20shall exercise its discretion in regard to issuance of common
21carrier of household goods or contract carrier of household
22goods licenses in accordance with standards enumerated in this
23Section.
24    (1) Standards relevant to both common and contract
25household goods carrier licenses. In determining whether to

 

 

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1issue a common carrier of household goods certificate or a
2contract carrier of household goods permit under Sections
318c-4202 and 18c-4203 of this Chapter, the Commission shall
4consider, in addition to other standards enumerated in this
5Chapter:
6        (a) (Blank) The characteristics of the supporting
7    shipper or shippers transportation needs, including the
8    total volume of shipments, the amounts handled by existing
9    authorized carriers and others, the amounts which would be
10    tendered to the applicant, the nature and location of
11    points where traffic would be picked up and delivered, and
12    any special transportation needs of the supporting shipper
13    or shippers or their receiver or receivers;
14        (b) The existing authorized carriers' services,
15    including the adequacy of such services and the effect
16    which issuance of a new certificate or permit would have on
17    such services;
18        (c) (Blank) The proposed service, and whether it would
19    meet the needs of the supporting shipper or shippers;
20        (d) Any evidence bearing on the fitness, willingness,
21    or ability of the applicant, including but not limited to
22    any past history of violations of this Chapter, Commission
23    regulations or orders, whether or not such violations were
24    the subject of an enforcement proceeding; and
25        (e) The effect which issuing the certificate or permit
26    would have on the development, maintenance and

 

 

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1    preservation of the highways of this State for commercial
2    and other public use.
3    (2) Additional standards relevant to household goods
4contract carrier licenses. In determining whether to issue a
5household goods contract carrier permit under Section 18c-4203
6of this Chapter, the Commission shall consider, in addition to
7standards enumerated in subsection (1) of this Section or
8elsewhere in this Sub-chapter:
9        (a) Whether the proposed service is contract carrier
10    service; and
11        (b) The effect which failure to issue the permit would
12    have on the supporting shipper or shippers.
13    (3) Standards not relevant to either household goods common
14or household goods contract carrier licenses. In determining
15whether to issue a household goods common carrier certificate
16or a household goods contract carrier permit under Sections
1718c-4202 and 18c-4203 of this Chapter, the Commission shall not
18consider:
19        (a) The mere preference of the supporting shipper or
20    shippers or their receiver or receivers for the applicant's
21    service; or
22        (b) Any illegal operations of the applicant as evidence
23    of shipper need or the inadequacy of existing carriers'
24    services.
25(Source: P.A. 89-444, eff. 1-25-96.)
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.