Illinois General Assembly - Full Text of HB0188
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Full Text of HB0188  101st General Assembly




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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 3-421 and 6-305 as follows:
6    (625 ILCS 5/3-421)  (from Ch. 95 1/2, par. 3-421)
7    Sec. 3-421. Right of reassignment.
8    (a) Every natural person shall have the right of
9reassignment of the license number issued to him during the
10current registration plate term, for the ensuing registration
11plate term, provided his application for reassignment is
12received in the Office of the Secretary of State on or before
13September 30 of the final year of the registration plate term
14as to a vehicle registered on a calendar year, and on or before
15March 31 as to a vehicle registered on a fiscal year. The right
16of reassignment shall apply to every natural person under the
17staggered registration system provided the application for
18reassignment is received in the Office of the Secretary of
19State by the 1st day of the month immediately preceding the
20applicant's month of expiration.
21    In addition, every natural person shall have the right of
22reassignment of the license number issued to him for a two-year
23registration, for the ensuing two-year period. Where the



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1two-year period is for two calendar years, the application for
2reassignment must be received by the Secretary of State on or
3before September 30th of the year preceding commencement of the
4two-year period. Where the two-year period is for two fiscal
5years commencing on July 1, the application for reassignment
6must be received by the Secretary of State on or before April
730th immediately preceding commencement of the two-year
9    (b) Notwithstanding the above provision, the Secretary of
10State shall, subject to the existing right of reassignment,
11have the authority to designate new specific combinations of
12numerical, alpha-numerical, and numerical-alpha licenses for
13vehicles registered on a calendar year or on a fiscal year,
14whether the license be issued for one or more years. The new
15combinations so specified shall not be subject to the right of
16reassignment, and no right of reassignment thereto may at any
17future time be acquired.
18    (c) If a person has a registration plate in his or her name
19and seeks to reassign the registration plate to his or her
20spouse, the Secretary shall waive any transfer fee or vanity or
21personalized registration plate fee upon both spouses signing a
22form authorizing the reassignment of registration.
23    (c-1) If a person that has a registration plate in his or
24her name seeks to reassign the registration plate to his or her
25child, the Secretary shall waive any transfer fee or vanity or
26personalized registration plate fee.



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1(Source: P.A. 80-230; 80-1185.)
2    (625 ILCS 5/6-305)  (from Ch. 95 1/2, par. 6-305)
3    Sec. 6-305. Renting motor vehicle to another.
4    (a) No person shall rent a motor vehicle to any other
5person unless the latter person, or a driver designated by a
6nondriver with disabilities and meeting any minimum age and
7driver's record requirements that are uniformly applied by the
8person renting a motor vehicle, is then duly licensed hereunder
9or, in the case of a nonresident, then duly licensed under the
10laws of the State or country of his residence unless the State
11or country of his residence does not require that a driver be
13    (b) No person shall rent a motor vehicle to another until
14he has inspected, including through electronic or digital
15means, the driver's drivers license of the person to whom the
16vehicle is to be rented, or by whom it is to be driven, and
17compared and verified the license is unexpired signature
18thereon with the signature of such person written in his
19presence unless, in the case of a nonresident, the State or
20country wherein the nonresident resides does not require that a
21driver be licensed.
22    (c) No person shall rent a motorcycle to another unless the
23latter person is then duly licensed hereunder as a motorcycle
24operator, and in the case of a nonresident, then duly licensed
25under the laws of the State or country of his residence, unless



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1the State or country of his residence does not require that a
2driver be licensed.
3    (c-1) A rental car company that rents a motor vehicle shall
4ensure that the renter is provided with an emergency telephone
5number to personnel capable of fielding roadside assistance and
6other customer service inquiries, including the ability to
7provide the caller with the telephone number of the location
8from which the vehicle was rented, if requested by the caller.
9If an owner's manual is not available in the vehicle at the
10time of the rental, an owner's manual for that vehicle or a
11similar model shall be accessible by the personnel answering
12the emergency telephone number for assistance with inquiries
13about the operation of the vehicle.
14    (d) (Blank).
15    (e) (Blank).
16    (f) Subject to subsection (l), any person who rents a motor
17vehicle to another shall only advertise, quote, and charge a
18rental rate that includes the entire amount except taxes, a
19mileage charge, and airport concession charge, if any, which a
20renter must pay to hire or lease the vehicle for the period of
21time to which the rental rate applies. The person must provide,
22on the request of the renter, based on the available
23information, an estimated total of the daily rental rate,
24including all applicable taxes, fees, and other charges, or an
25estimated total rental charge, based on the return date of the
26vehicle noted on the rental agreement. Further, if the rental



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1agreement does not already provide an estimated total rental
2charge, the following statement must be included in the rental
9    Such person shall not charge in addition to the rental
10rate, taxes, mileage charge, and airport concession charge, if
11any, any fee which must be paid by the renter as a condition of
12hiring or leasing the vehicle, such as, but not limited to,
13required fuel or airport surcharges, nor any fee for
14transporting the renter to the location where the rented
15vehicle will be delivered to the renter. In addition to the
16rental rate, taxes, mileage charge, and airport concession
17charge, if any, such person may charge for an item or service
18provided in connection with a particular rental transaction if
19the renter can avoid incurring the charge by choosing not to
20obtain or utilize the optional item or service. Items and
21services for which such person may impose an additional charge
22include, but are not limited to, optional insurance and
23accessories requested by the renter, service charges incident
24to the renter's optional return of the vehicle to a location
25other than the location where the vehicle was hired or leased,
26and charges for refueling the vehicle at the conclusion of the



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1rental transaction in the event the renter did not return the
2vehicle with as much fuel as was in the fuel tank at the
3beginning of the rental. "Airport concession charge" means a
4charge or fee imposed and collected from a renter to reimburse
5the motor vehicle rental company for the concession fee it is
6required to pay to a local government corporate authority or
7airport authority to rent motor vehicles at the airport
8facility. The airport concession charge is in addition to any
9customer facility charge or any other charge.
10    (f-5) A rental car company that offers a renter the
11opportunity to use a transponder or other electronic tolling
12device shall notify the renter of the opportunity to use the
13device at or before the beginning of the rental agreement.
14    If a vehicle offered by a rental car company is equipped
15with a transponder or other electronic tolling device and the
16company fails to notify the renter of the option to use the
17device, the rental car company shall not:
18        (1) charge a renter a fee of more than $2 each day for
19    the use of a transponder or other electronic tolling
20    device; however, the company may recoup the actual cost
21    incurred for any toll; and
22        (2) charge a renter a daily fee on any day the renter
23    does not drive through an electronic toll or only drives
24    through an electronic toll collection system for which no
25    alternative payment option exists.
26    (g) Every person renting a motor vehicle to another shall



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1keep a record of the registration number of the motor vehicle
2so rented, the name and address of the person to whom the
3vehicle is rented, the number of the license, if any, of said
4latter person, and the date and place when and where the
5license, if any, was issued. Such record may be maintained in
6an electronic or digital format, and shall be open to
7inspection by any police officer or designated agent of the
8Secretary of State.
9    (h) A person licensed as a new car dealer under Section
105-101 of this Code shall not be subject to the provisions of
11this Section regarding the rental of private passenger motor
12vehicles when providing, free of charge, temporary substitute
13vehicles for customers to operate during a period when a
14customer's vehicle, which is either leased or owned by that
15customer, is being repaired, serviced, replaced or otherwise
16made unavailable to the customer in accordance with an
17agreement with the licensed new car dealer or vehicle
18manufacturer, so long as the customer orally or in writing is
19made aware that the temporary substitute vehicle will be
20covered by his or her insurance policy and the customer shall
21only be liable to the extent of any amount deductible from such
22insurance coverage in accordance with the terms of the policy.
23    (i) This Section, except the requirements of subsection
24(g), also applies to rental agreements of 30 continuous days or
25less involving a motor vehicle that was delivered by an out of
26State person or business to a renter in this State.



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



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



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



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1        (1) separately quote, by telephone, in person, or by
2    computer transmission, additional charges for the rental;
3    and
4        (2) separately impose additional charges for the
5    rental.
6    (l-5) A person licensed under Section 5-101, 5-101.2, or
75-102 of this Code shall not participate in a rental-purchase
8agreement vehicle program unless the licensee retains the
9vehicle in his or her name and retains proof of proper vehicle
10registration under Chapter 3 of this Code and liability
11insurance under Section 7-601 of this Code. The licensee shall
12transfer ownership of the vehicle to the renter within 20
13calendar days of the agreed-upon date of completion of the
14rental-purchase agreement. If the licensee fails to transfer
15ownership of the vehicle to the renter within the 20 calendar
16days, then the renter may apply for the vehicle's title to the
17Secretary of State by providing the Secretary the
18rental-purchase agreement, an application for title, the
19required title fee, and any other documentation the Secretary
20deems necessary to determine ownership of the vehicle. For
21purposes of this subsection (l-5), "rental-purchase agreement"
22has the meaning set forth in Section 1 of the Rental-Purchase
23Agreement Act.
24    (m) As used in this Section:
25        (1) "Additional charges" means charges other than: (i)
26    a per period base rental rate; (ii) a mileage charge; (iii)



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



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1            (B) the purchaser of a voucher or other prepaid
2        rental arrangement from a person, including a tour
3        operator, engaged in the business of reselling those
4        vouchers or prepaid rental arrangements to the general
5        public;
6            (C) an individual whose car rental is eligible for
7        reimbursement in whole or in part as a result of the
8        person being insured or provided coverage under a
9        policy of insurance issued by an insurance company; or
10            (D) an individual whose car rental is eligible for
11        reimbursement in whole or in part as a result of the
12        person purchasing motor vehicle repair services from a
13        person licensed to perform those services.
14(Source: P.A. 100-450, eff. 1-1-18; 100-878, eff. 1-1-19.)