Rep. Lou Lang

Filed: 5/24/2011

 

 


 

 


 
09700SB0959ham001LRB097 04683 WGH 56134 a

1
AMENDMENT TO SENATE BILL 959

2    AMENDMENT NO. ______. Amend Senate Bill 959 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Vehicle Code is amended by
5changing Sections 6-305, 6-305.3, 18c-4201, 18c-4203, and
618c-4204 as follows:
 
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

 

 

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1licensed.
2    (b) No person shall rent a motor vehicle to another until
3he has inspected the drivers license of the person to whom the
4vehicle is to be rented, or by whom it is to be driven, and
5compared and verified the signature thereon with the signature
6of such person written in his presence unless, in the case of a
7nonresident, the State or country wherein the nonresident
8resides does not require that a driver be licensed.
9    (c) No person shall rent a motorcycle to another unless the
10latter person is then duly licensed hereunder as a motorcycle
11operator, and in the case of a nonresident, then duly licensed
12under the laws of the State or country of his residence, unless
13the State or country of his residence does not require that a
14driver be licensed.
15    (c-1) A rental car company that rents a motor vehicle shall
16ensure that the renter is provided with an emergency telephone
17number to personnel capable of fielding roadside assistance and
18other customer service inquiries, including the ability to
19provide the caller with the telephone number of the location
20from which the vehicle was rented, if requested by the caller.
21If an owner's manual is not available in the vehicle at the
22time of the rental, an owner's manual for that vehicle or a
23similar model shall be accessible by the personnel answering
24the emergency telephone number for assistance with inquiries
25about the operation of the vehicle.
26    (d) (Blank).

 

 

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1    (e) (Blank).
2    (f) Subject to subsection (l), any person who rents a motor
3vehicle to another shall only advertise, quote, and charge a
4rental rate that includes the entire amount except taxes, and a
5mileage charge, and airport concession charge, if any, which a
6renter must pay to hire or lease the vehicle for the period of
7time to which the rental rate applies. The person must provide,
8on the request of the renter, based on the available
9information, an estimated total of the daily rental rate,
10including all applicable taxes, fees, and other charges, or an
11estimated total rental charge, based on the return date of the
12vehicle noted on the rental agreement. Further, if the rental
13agreement does not already provide an estimated total rental
14charge, the following statement must be included in the rental
15agreement:
16    "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
17    AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL
18    RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN
19    ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN
20    DATE NOTED ON THIS AGREEMENT."
21    Such person shall not charge in addition to the rental
22rate, taxes, and mileage charge, and airport concession charge,
23if any, any fee which must be paid by the renter as a condition
24of hiring or leasing the vehicle, such as, but not limited to,
25required fuel or airport surcharges, nor any fee for
26transporting the renter to the location where the rented

 

 

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1vehicle will be delivered to the renter. In addition to the
2rental rate, taxes, and mileage charge, and airport concession
3charge, if any, such person may charge for an item or service
4provided in connection with a particular rental transaction if
5the renter can avoid incurring the charge by choosing not to
6obtain or utilize the optional item or service. Items and
7services for which such person may impose an additional charge
8include, but are not limited to, optional insurance and
9accessories requested by the renter, service charges incident
10to the renter's optional return of the vehicle to a location
11other than the location where the vehicle was hired or leased,
12and charges for refueling the vehicle at the conclusion of the
13rental transaction in the event the renter did not return the
14vehicle with as much fuel as was in the fuel tank at the
15beginning of the rental. "Airport concession charge" means a
16charge or fee imposed and collected from a renter to reimburse
17the motor vehicle rental company for the concession fee it is
18required to pay to a local government corporate authority or
19airport authority to rent motor vehicles at the airport
20facility. The airport concession charge is in addition to any
21customer facility charge or any other charge.
22    (g) Every person renting a motor vehicle to another shall
23keep a record of the registration number of the motor vehicle
24so rented, the name and address of the person to whom the
25vehicle is rented, the number of the license, if any, of said
26latter person, and the date and place when and where the

 

 

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1license, if any, was issued. Such record shall be open to
2inspection by any police officer or designated agent of the
3Secretary of State.
4    (h) A person licensed as a new car dealer under Section
55-101 of this Code shall not be subject to the provisions of
6this Section regarding the rental of private passenger motor
7vehicles when providing, free of charge, temporary substitute
8vehicles for customers to operate during a period when a
9customer's vehicle, which is either leased or owned by that
10customer, is being repaired, serviced, replaced or otherwise
11made unavailable to the customer in accordance with an
12agreement with the licensed new car dealer or vehicle
13manufacturer, so long as the customer orally or in writing is
14made aware that the temporary substitute vehicle will be
15covered by his or her insurance policy and the customer shall
16only be liable to the extent of any amount deductible from such
17insurance coverage in accordance with the terms of the policy.
18    (i) This Section, except the requirements of subsection
19(g), also applies to rental agreements of 30 continuous days or
20less involving a motor vehicle that was delivered by an out of
21State person or business to a renter in this State.
22    (j) A public airport may, if approved by its local
23government corporate authorities or its airport authority,
24impose a customer facility charge upon customers of rental car
25companies for the purposes of financing, designing,
26constructing, operating, and maintaining consolidated car

 

 

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

 

 

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1        (1) Clearly and conspicuously disclose in any radio,
2    television, or other electronic media advertisements the
3    existence and amount of the charge if the advertisement is
4    intended for rentals at an airport imposing the charge or,
5    if the advertisement covers an area with multiple airports
6    with different charges, a range of amounts of customer
7    facility charges if the advertisement is intended for
8    rentals at an airport imposing the charge.
9        (2) Clearly and conspicuously disclose in any print
10    rate advertising the existence and amount of the charge if
11    the advertisement is intended for rentals at an airport
12    imposing the charge or, if the print rate advertisement
13    covers an area with multiple airports with different
14    charges, a range of amounts of customer facility charges if
15    the advertisement is intended for rentals at an airport
16    imposing the charge.
17        (3) Clearly and conspicuously disclose the existence
18    and amount of the charge in any telephonic, in-person, or
19    computer-transmitted quotation from the rental car
20    company's proprietary computer reservation system at the
21    time of making an initial quotation of a rental rate if the
22    quotation is made by a rental car company location at an
23    airport imposing the charge and at the time of making a
24    reservation of a rental car if the reservation is made by a
25    rental car company location at an airport imposing the
26    charge.

 

 

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1        (4) Clearly and conspicuously display the charge in any
2    proprietary computer-assisted reservation or transaction
3    directly between the rental car company and the customer,
4    shown or referenced on the same page on the computer screen
5    viewed by the customer as the displayed rental rate and in
6    a print size not smaller than the print size of the rental
7    rate.
8        (5) Clearly and conspicuously disclose and separately
9    identify the existence and amount of the charge on its
10    rental agreement.
11        (6) A rental car company that collects from its
12    customers a customer facility charge under subsection (j)
13    and engages in a practice which does not comply with
14    subsections (f), (j), and (k) commits an unlawful practice
15    within the meaning of the Consumer Fraud and Deceptive
16    Business Practices Act.
17    (l) Notwithstanding subsection (f), any person who rents a
18motor vehicle to another may, in connection with the rental of
19a motor vehicle to (i) a business renter or (ii) a business
20program sponsor under the sponsor's business program, do the
21following:
22        (1) separately quote, by telephone, in person, or by
23    computer transmission, additional charges for the rental;
24    and
25        (2) separately impose additional charges for the
26    rental.

 

 

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1    (m) As used in this Section:
2        (1) "Additional charges" means charges other than: (i)
3    a per period base rental rate; (ii) a mileage charge; (iii)
4    taxes; or (iv) a customer facility charge.
5        (2) "Business program" means:
6            (A) a contract between a person who rents motor
7        vehicles and a business program sponsor that
8        establishes rental rates at which the person will rent
9        motor vehicles to persons authorized by the sponsor; or
10            (B) a plan, program, or other arrangement
11        established by a person who rents motor vehicles at the
12        request of, or with the consent of, a business program
13        sponsor under which the person offers to rent motor
14        vehicles to persons authorized by the sponsor on terms
15        that are not the same as those generally offered by the
16        rental company to the public.
17        (3) "Business program sponsor" means any legal entity
18    other than a natural person, including a corporation,
19    limited liability company, partnership, government,
20    municipality or agency, or a natural person operating a
21    business as a sole proprietor.
22        (4) "Business renter" means any person renting a motor
23    vehicle for business purposes or, for any business program
24    sponsor, a person who is authorized by the sponsor to enter
25    into a rental contract under the sponsor's business
26    program. "Business renter" does not include a person

 

 

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1    renting as:
2            (A) a non-employee member of a not-for-profit
3        organization;
4            (B) the purchaser of a voucher or other prepaid
5        rental arrangement from a person, including a tour
6        operator, engaged in the business of reselling those
7        vouchers or prepaid rental arrangements to the general
8        public;
9            (C) an individual whose car rental is eligible for
10        reimbursement in whole or in part as a result of the
11        person being insured or provided coverage under a
12        policy of insurance issued by an insurance company; or
13            (D) an individual whose car rental is eligible for
14        reimbursement in whole or in part as a result of the
15        person purchasing motor vehicle repair services from a
16        person licensed to perform those services.
17(Source: P.A. 94-717, eff. 12-19-05; 95-770, eff. 1-1-09.)
 
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 Automobile rental company" means a person or
22entity whose primary business is renting motor private
23passenger vehicles to the public for 30 days or less.
24    "Inspect" or "inspection" means a vehicle emissions
25inspection under Chapter 13C of this Code.

 

 

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1    "Rental agreement" means an agreement for 30 days or less
2setting forth the terms and conditions governing the use of a
3motor private passenger vehicle provided by a rental company.
4    "Motor vehicle" means motor passenger vehicles of the first
5division and motor vehicles of the second division weighing not
6more than 8,000 pounds.
7    "Vehicle license cost recovery fee" or "VLCRF" means a
8charge that may be separately stated and charged on a rental
9agreement in a vehicle rental transaction originating in
10Illinois to recover costs incurred either directly or
11indirectly by a motor vehicle an automobile rental company to
12license, title, register, and inspect motor vehicles.
13    (b) Motor vehicle Automobile rental companies may include a
14separately stated mandatory surcharge or fee in a rental
15agreement for vehicle license cost recovery fees (VLCRF) and
16all applicable taxes.
17    (c) If a motor vehicle an automobile rental company
18includes a VLCRF as separately stated charge in a rental
19agreement, the amount of the fee must represent the motor
20vehicle automobile rental company's good-faith estimate of the
21automobile rental company's daily charge as calculated by the
22motor vehicle automobile rental company to recover its actual
23total annual motor vehicle titling, registration, and
24inspection costs.
25    (d) If the total amount of the VLCRF collected by a motor
26vehicle automobile rental company under this Section in any

 

 

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1calendar year exceeds the motor vehicle automobile rental
2company's actual costs to license, title, register, and inspect
3for that calendar year, the motor vehicle automobile rental
4company shall do both of the following:
5        (1) Retain the excess amount; and
6        (2) Adjust the estimated average per vehicle titling,
7    licensing, inspection, and registration charge for the
8    following calendar year by a corresponding amount.
9    (e) Nothing in subsection (d) of this Section shall prevent
10a motor vehicle automobile rental company from making
11adjustments to the VLCRF during the calendar year.
12(Source: P.A. 96-37, eff. 7-13-09.)
 
13    (625 ILCS 5/18c-4201)  (from Ch. 95 1/2, par. 18c-4201)
14    Sec. 18c-4201. Licensing cases.
15    (1) Scope of Section. The provisions of this Chapter
16relating to household goods carrier licensing apply to
17applications:
18        (a) For a license authorizing a carrier to operate as
19    an intrastate household goods carrier;
20        (b) To transfer a certificate, permit, or license or to
21    change the name on a certificate, permit, or license; and
22        (c) To convert household goods contract carrier
23    authority to household goods common carrier authority.
24    (2) Form and content of household goods carrier licensing
25applications. Household goods carrier licensing applications

 

 

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1shall be on such forms and contain such information as may be
2prescribed by the Commission, be verified under oath, and shall
3be accompanied by the required filing fee.
4    (3) Public notice of applications.
5        (a) Review of applications prior to publication. The
6    Commission may provide for preliminary review of each
7    application to determine if it is complete, if it gives
8    adequate notice, and if the authority requested is
9    unenforceably vague or otherwise contrary to the
10    provisions of this Chapter.
11        (b) Authorization to submit application for
12    publication. If the Commission determines after review
13    that the application is defective in any respect, it shall
14    promptly notify the applicant. No application shall be
15    submitted to the official newspaper for publication until
16    after it has been approved for publication, if the
17    Commission has provided for preliminary review. If the
18    Commission does not find that the application is defective,
19    or if it finds that any defects have been removed by
20    amendment, the applicant shall be permitted to submit the
21    application to the official newspaper for publication. The
22    Commission shall complete its review and notify the
23    applicant within 15 days after filing of the application.
24        (c) Additional notice prescribed by the Commission.
25    The Commission may direct applicant to give such further
26    notice in connection with its application as the Commission

 

 

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1    deems necessary. The Commission may, itself, give such
2    additional notice as it deems necessary.
3    (4) Hearing on licensing applications.
4        (a) Participation at hearing. Any person having
5    standing to participate under this Chapter may appear and
6    participate in a hearing before the Commission to the
7    extent of its standing, provided that the person has
8    complied with Commission regulations concerning the filing
9    of petitions for leave to intervene and like pleadings.
10    Petitions for leave to intervene must be filed within 15
11    days after publication, unless the Commission provides for
12    filing at a later date. The Commission may permit
13    additional persons to appear and participate, on such terms
14    as the Commission shall prescribe, where such
15    participation is deemed necessary to an informed and just
16    resolution of the issues in the proceeding. No shipper
17    representative shall be permitted to testify in support of
18    an application for a motor common carrier certificate or a
19    motor contract carrier permit on the issue of need for
20    service unless:
21            (i) A supporting statement was filed on behalf of
22        the shipper at least 10 days prior to the date of
23        testimony; and
24            (ii) If the supporting statement was not filed with
25        the application, the statement was served on all
26        parties of record at least 10 days prior to the date of

 

 

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1        testimony.
2        (b) Setting, notice, and hearing. Notwithstanding any
3    contrary provisions in Section 18c-2101 of this Chapter, a
4    hearing shall be held on each licensing application to
5    determine that the requirements of this Chapter have been
6    satisfied, except as otherwise provided in Section
7    18c-4306 of this Chapter. The Commission shall set the
8    hearing at a time not less than 15 days after publication
9    in the official newspaper. The Commission shall serve
10    notice of hearing on each party of record.
11        (c) Issuance of orders after hearing. The Commission
12    may issue summary orders in cases where the licensing
13    application was not opposed in a timely pleading addressed
14    to the Commission, or was opposed in a timely pleading but
15    such opposition was later withdrawn or the parties in
16    opposition waived all right to other than a summary order.
17    Summary orders shall be issued within 10 days after the
18    close of oral hearing or such other period as the
19    Commission may prescribe. Where a party requests, in a
20    properly filed motion for reconsideration or rehearing, a
21    detailed statement of findings and conclusions, the
22    Commission shall vacate the summary order and issue a new
23    order in accordance with Sub-chapters 1 and 2 of this
24    Chapter. Otherwise, orders shall be issued in accordance
25    with provisions of Sub-chapters 1 and 2 of this Chapter.
26(Source: P.A. 89-444, eff. 1-25-96.)
 

 

 

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1    (625 ILCS 5/18c-4203)  (from Ch. 95 1/2, par. 18c-4203)
2    Sec. 18c-4203. Household goods contract carrier permits.
3    (1) Prerequisite to operation as a household goods contract
4carrier. No person shall operate as a household goods contract
5carrier of property unless such person possesses a household
6goods contract carrier permit issued by the Commission and in
7good standing.
8    (2) Requirements for issuance.
9        (a) General requirements. The Commission shall grant
10    an application for a household goods contract carrier
11    permit, in whole or in part, to the extent that it finds
12    that the application was properly filed; supporting
13    shippers need the proposed service; the applicant is fit,
14    willing and able to provide the service in compliance with
15    this Chapter, Commission regulations and orders; and
16    issuance of the permit will be consistent with the public
17    interest. Otherwise, the application shall be denied. The
18    burden of proving that the requirements for issuance of a
19    household goods contract carrier permit have been met shall
20    be borne by the applicant.
21        (b) Conversion to household goods common carrier
22    authority. The Commission may, at the request of the
23    holder, authorize the conversion of household goods
24    contract carrier authority to household goods common
25    carrier authority, subject to the same terms, conditions,

 

 

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

 

 

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1and contract household goods carrier licenses. The Commission
2shall exercise its discretion in regard to issuance of common
3carrier of household goods or contract carrier of household
4goods licenses in accordance with standards enumerated in this
5Section.
6    (1) Standards relevant to both common and contract
7household goods carrier licenses. In determining whether to
8issue a common carrier of household goods certificate or a
9contract carrier of household goods permit under Sections
1018c-4202 and 18c-4203 of this Chapter, the Commission shall
11consider, in addition to other standards enumerated in this
12Chapter:
13        (a) (Blank) The characteristics of the supporting
14    shipper or shippers transportation needs, including the
15    total volume of shipments, the amounts handled by existing
16    authorized carriers and others, the amounts which would be
17    tendered to the applicant, the nature and location of
18    points where traffic would be picked up and delivered, and
19    any special transportation needs of the supporting shipper
20    or shippers or their receiver or receivers;
21        (b) The existing authorized carriers' services,
22    including the adequacy of such services and the effect
23    which issuance of a new certificate or permit would have on
24    such services;
25        (c) (Blank) The proposed service, and whether it would
26    meet the needs of the supporting shipper or shippers;

 

 

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1        (d) Any evidence bearing on the fitness, willingness,
2    or ability of the applicant, including but not limited to
3    any past history of violations of this Chapter, Commission
4    regulations or orders, whether or not such violations were
5    the subject of an enforcement proceeding; and
6        (e) The effect which issuing the certificate or permit
7    would have on the development, maintenance and
8    preservation of the highways of this State for commercial
9    and other public use.
10    (2) Additional standards relevant to household goods
11contract carrier licenses. In determining whether to issue a
12household goods contract carrier permit under Section 18c-4203
13of this Chapter, the Commission shall consider, in addition to
14standards enumerated in subsection (1) of this Section or
15elsewhere in this Sub-chapter:
16        (a) Whether the proposed service is contract carrier
17    service; and
18        (b) The effect which failure to issue the permit would
19    have on the supporting shipper or shippers.
20    (3) Standards not relevant to either household goods common
21or household goods contract carrier licenses. In determining
22whether to issue a household goods common carrier certificate
23or a household goods contract carrier permit under Sections
2418c-4202 and 18c-4203 of this Chapter, the Commission shall not
25consider:
26        (a) The mere preference of the supporting shipper or

 

 

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1    shippers or their receiver or receivers for the applicant's
2    service; or
3        (b) Any illegal operations of the applicant as evidence
4    of shipper need or the inadequacy of existing carriers'
5    services.
6(Source: P.A. 89-444, eff. 1-25-96.)
 
7    Section 99. Effective date. This Act takes effect upon
8becoming law.".