Full Text of HB0861 97th General Assembly
HB0861ham001 97TH GENERAL ASSEMBLY | Rep. Lou Lang Filed: 5/23/2011
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| 1 | | AMENDMENT TO HOUSE BILL 861
| 2 | | AMENDMENT NO. ______. Amend House Bill 861 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 6-305 and 6-305.3 as follows:
| 6 | | (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
| 7 | | Sec. 6-305. Renting motor vehicle to another.
| 8 | | (a) No person shall rent a motor vehicle to any other | 9 | | person unless the
latter person, or a driver designated by a | 10 | | nondriver with disabilities and
meeting any minimum age and | 11 | | driver's record requirements that are uniformly
applied by the | 12 | | person renting a motor vehicle, is then duly licensed
hereunder | 13 | | or, in the case of a
nonresident, then duly licensed under the | 14 | | laws of the State or country of
his residence unless the State | 15 | | or country of his residence does not require
that a driver be | 16 | | licensed.
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| 1 | | (b) No person shall rent a motor vehicle to another until | 2 | | he has
inspected the drivers license of the person to whom the | 3 | | vehicle is to be
rented, or by whom it is to be driven, and | 4 | | compared and verified the
signature thereon with the signature
| 5 | | of such person written in his presence unless, in the case of a
| 6 | | nonresident, the State or country wherein the nonresident | 7 | | resides does not
require that a driver be licensed.
| 8 | | (c) No person shall rent a motorcycle to another unless the | 9 | | latter
person is then duly licensed hereunder as a motorcycle | 10 | | operator, and in the
case of a nonresident, then duly licensed | 11 | | under the laws of the State or
country of his residence, unless | 12 | | the State or country of his residence does
not require that a | 13 | | driver be licensed. | 14 | | (c-1) A rental car company that rents a motor vehicle shall | 15 | | ensure that the renter is provided with an emergency telephone | 16 | | number to personnel capable of fielding roadside assistance and | 17 | | other customer service inquiries, including the ability to | 18 | | provide the caller with the telephone number of the location | 19 | | from which the vehicle was rented, if requested by the caller. | 20 | | If an owner's manual is not available in the vehicle at the | 21 | | time of the rental, an owner's manual for that vehicle or a | 22 | | similar model shall be accessible by the personnel answering | 23 | | the emergency telephone number for assistance with inquiries | 24 | | about the operation of the vehicle.
| 25 | | (d) (Blank).
| 26 | | (e) (Blank).
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| 1 | | (f) Subject to subsection (l), any person who rents a motor | 2 | | vehicle to another shall only
advertise, quote, and charge a | 3 | | rental rate that includes the entire amount
except taxes , and a | 4 | | mileage charge, and airport concession charge, if any, which a | 5 | | renter must pay to hire
or lease the vehicle for the period of | 6 | | time to which the rental rate
applies.
The person must provide, | 7 | | on the request of the renter, based on the
available | 8 | | information, an estimated total of the daily rental rate,
| 9 | | including all applicable taxes, fees, and other charges, or an
| 10 | | estimated total rental charge, based on the return date of the | 11 | | vehicle
noted on the rental agreement. Further, if the rental | 12 | | agreement does
not already provide an estimated total rental | 13 | | charge, the following
statement must be included in the rental | 14 | | agreement:
| 15 | | "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
| 16 | | AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL | 17 | | RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN | 18 | | ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN | 19 | | DATE NOTED ON
THIS AGREEMENT."
| 20 | | Such person shall not charge in addition to the rental | 21 | | rate,
taxes, and mileage charge, and airport concession charge, | 22 | | if any, any fee which must be paid by the renter
as a condition | 23 | | of hiring or leasing the vehicle, such as, but not limited
to, | 24 | | required fuel or airport surcharges, nor any fee for | 25 | | transporting the
renter to the location where the rented | 26 | | vehicle will be delivered to the
renter. In addition to the |
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| 1 | | rental rate, taxes, and mileage charge, and airport concession | 2 | | charge, if any,
such person may charge for an item or service | 3 | | provided in connection with a
particular rental transaction if | 4 | | the renter can avoid incurring the charge by
choosing not to | 5 | | obtain or utilize the optional item or service. Items and
| 6 | | services for which such person may impose an additional charge | 7 | | include, but are
not limited to, optional insurance and | 8 | | accessories requested by the renter,
service charges incident | 9 | | to the renter's optional return of the vehicle to
a location | 10 | | other than the location where the vehicle was hired or leased,
| 11 | | and charges for refueling the vehicle at the conclusion of the | 12 | | rental
transaction in the event the renter did not return the | 13 | | vehicle with as much
fuel as was in the fuel tank at the | 14 | | beginning of the rental. "Airport concession charge" means a | 15 | | charge or fee imposed and collected from a renter to reimburse | 16 | | the motor vehicle rental company for the concession fee it is | 17 | | required to pay to a local government corporate authority or | 18 | | airport authority to rent motor vehicles at the airport | 19 | | facility. The airport concession charge is in addition to any | 20 | | customer facility charge or any other charge.
| 21 | | (g) Every person renting a motor vehicle to another shall | 22 | | keep a record
of the registration number of the motor vehicle | 23 | | so rented, the name and
address of the person to whom the | 24 | | vehicle is rented, the number of the
license, if any, of said | 25 | | latter person, and the date and place when and
where the | 26 | | license, if any, was issued. Such record shall be open
to
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| 1 | | inspection by any police officer or designated agent of the | 2 | | Secretary of
State.
| 3 | | (h) A person licensed as a new car dealer under Section | 4 | | 5-101 of this
Code shall not be subject to the provisions of | 5 | | this Section regarding the
rental of private passenger motor | 6 | | vehicles when providing, free of charge,
temporary substitute | 7 | | vehicles for customers to operate during a period when
a | 8 | | customer's vehicle, which is either leased or owned by that | 9 | | customer, is
being repaired, serviced, replaced or otherwise | 10 | | made unavailable to the
customer in accordance with an | 11 | | agreement with the licensed new car dealer
or vehicle | 12 | | manufacturer, so long as the customer orally or in writing is
| 13 | | made aware that the temporary substitute vehicle will be | 14 | | covered by his or
her
insurance policy and the customer shall | 15 | | only be liable to the extent of any
amount deductible from such | 16 | | insurance coverage in accordance with the terms
of the policy.
| 17 | | (i) This Section, except the requirements of subsection | 18 | | (g), also applies
to rental agreements of 30 continuous days or | 19 | | less involving a motor
vehicle that was delivered by an out of | 20 | | State person or business to a
renter in this State.
| 21 | | (j) A public airport
may, if approved by its local | 22 | | government corporate authorities or its airport
authority, | 23 | | impose a customer facility charge upon customers of rental car
| 24 | | companies for the purposes of financing, designing, | 25 | | constructing,
operating, and maintaining consolidated car | 26 | | rental facilities and common
use transportation equipment and
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| 1 | | facilities,
which are used to transport the customer, | 2 | | connecting consolidated
car rental facilities with other | 3 | | airport facilities.
| 4 | | Notwithstanding
subsection (f) of this
Section, the | 5 | | customer facility charge shall
be collected by the rental car | 6 | | company as a separate charge, and clearly
indicated as
a | 7 | | separate charge
on the rental agreement and invoice.
Facility | 8 | | charges shall be immediately deposited into a trust account
for | 9 | | the benefit of the airport and
remitted at the direction of the | 10 | | airport, but
not more often than once per month.
The charge | 11 | | shall be uniformly calculated on a per-contract or per-day
| 12 | | basis.
Facility charges imposed by the airport may not exceed | 13 | | the reasonable
costs of financing, designing, constructing, | 14 | | operating, and maintaining the
consolidated car rental | 15 | | facilities and common use transportation equipment and
| 16 | | facilities and may not be used for any other purpose.
| 17 | | Notwithstanding any other provision of law, the charges | 18 | | collected
under
this Section are not subject to retailer | 19 | | occupation, sales,
use,
or transaction taxes.
| 20 | | (k) When a rental car company states a rental rate in any | 21 | | of its rate
advertisements, its proprietary computer
| 22 | | reservation systems, or its in-person quotations
intended to | 23 | | apply to
an airport rental, a company that collects from its | 24 | | customers a customer
facility charge for that rental under | 25 | | subsection (j) shall do all of the
following:
| 26 | | (1) Clearly and conspicuously disclose in any radio, |
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| 1 | | television, or other
electronic media advertisements the | 2 | | existence and
amount of the charge if the advertisement is | 3 | | intended for rentals at an airport
imposing the charge or, | 4 | | if the
advertisement covers an area with multiple airports | 5 | | with different charges, a
range of amounts of customer | 6 | | facility charges if the advertisement is intended
for | 7 | | rentals at an airport imposing the charge.
| 8 | | (2) Clearly and conspicuously disclose in any print | 9 | | rate advertising the
existence and
amount of the charge if | 10 | | the advertisement is intended for rentals at an airport
| 11 | | imposing the charge or, if the print rate advertisement | 12 | | covers an area with
multiple
airports with different | 13 | | charges, a range of amounts of customer facility
charges if | 14 | | the advertisement is intended for rentals at an airport | 15 | | imposing the
charge.
| 16 | | (3) Clearly and conspicuously disclose the existence | 17 | | and
amount of the charge in any telephonic, in-person, or | 18 | | computer-transmitted
quotation from the rental car | 19 | | company's proprietary computer reservation system
at the | 20 | | time of making an initial quotation of a
rental rate if the | 21 | | quotation is made by a rental car company location at an
| 22 | | airport imposing the charge and at the time of making a | 23 | | reservation of a rental
car if the reservation is made by a | 24 | | rental car company location at an airport
imposing the | 25 | | charge.
| 26 | | (4) Clearly and conspicuously display the charge in any |
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| 1 | | proprietary
computer-assisted
reservation or transaction | 2 | | directly between the rental car company and the
customer,
| 3 | | shown or referenced on the
same page on the computer screen | 4 | | viewed by the customer as the
displayed rental rate and in | 5 | | a print size not smaller than the print size of
the rental | 6 | | rate.
| 7 | | (5) Clearly and conspicuously disclose
and separately | 8 | | identify the existence and amount of the charge on its | 9 | | rental
agreement.
| 10 | | (6) A rental car company that collects from its | 11 | | customers a customer
facility charge under subsection (j) | 12 | | and engages in a practice which does not
comply with
| 13 | | subsections (f), (j), and (k) commits an unlawful
practice | 14 | | within the meaning of the Consumer Fraud and Deceptive | 15 | | Business
Practices Act.
| 16 | | (l) Notwithstanding subsection (f), any person who rents a | 17 | | motor vehicle to another may, in connection with the rental of | 18 | | a motor vehicle to (i) a business renter or (ii) a business | 19 | | program sponsor under the sponsor's business program, do the | 20 | | following: | 21 | | (1) separately quote, by telephone, in person, or by | 22 | | computer transmission, additional charges for the rental; | 23 | | and | 24 | | (2) separately impose additional charges for the | 25 | | rental. | 26 | | (m) As used in this Section: |
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| 1 | | (1) "Additional charges" means charges other than: (i) | 2 | | a per period base rental rate; (ii) a mileage charge; (iii) | 3 | | taxes; or (iv) a customer facility charge. | 4 | | (2) "Business program" means: | 5 | | (A) a contract between a person who rents motor | 6 | | vehicles and a business program sponsor that | 7 | | establishes rental rates at which the person will rent | 8 | | motor vehicles to persons authorized by the sponsor; or | 9 | | (B) a plan, program, or other arrangement | 10 | | established by a person who rents motor vehicles at the | 11 | | request of, or with the consent of, a business program | 12 | | sponsor under which the person offers to rent motor | 13 | | vehicles to persons authorized by the sponsor on terms | 14 | | that are not the same as those generally offered by the | 15 | | rental company to the public. | 16 | | (3) "Business program sponsor" means any legal entity | 17 | | other than a natural person, including a corporation, | 18 | | limited liability company, partnership, government, | 19 | | municipality or agency, or a natural person operating a | 20 | | business as a sole proprietor. | 21 | | (4) "Business renter" means any person renting a motor | 22 | | vehicle for business purposes or , for any business program | 23 | | sponsor, a person who is authorized by the sponsor to enter | 24 | | into a rental contract under the sponsor's business | 25 | | program. "Business renter" does not include a person | 26 | | renting as: |
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| 1 | | (A) a non-employee member of a not-for-profit | 2 | | organization; | 3 | | (B) the purchaser of a voucher or other prepaid | 4 | | rental arrangement from a person, including a tour | 5 | | operator, engaged in the business of reselling those | 6 | | vouchers or prepaid rental arrangements to the general | 7 | | public; | 8 | | (C) an individual whose car rental is eligible for | 9 | | reimbursement in whole or in part as a result of the | 10 | | person being insured or provided coverage under a | 11 | | policy of insurance issued by an insurance company; or | 12 | | (D) an individual whose car rental is eligible for | 13 | | reimbursement in whole or in part as a result of the | 14 | | person purchasing motor vehicle repair services from a | 15 | | person licensed to perform those services.
| 16 | | (Source: P.A. 94-717, eff. 12-19-05; 95-770, eff. 1-1-09.)
| 17 | | (625 ILCS 5/6-305.3) | 18 | | Sec. 6-305.3. Vehicle license cost recovery fee. | 19 | | (a) As used in this Section: | 20 | | " Motor vehicle Automobile rental company" means a person or | 21 | | entity whose primary business is renting motor private | 22 | | passenger vehicles to the public for 30 days or less. | 23 | | "Inspect" or "inspection" means a vehicle emissions | 24 | | inspection under Chapter 13C of this Code. | 25 | | "Rental agreement" means an agreement for 30 days or less |
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| 1 | | setting forth the terms and conditions governing the use of a | 2 | | motor private passenger vehicle provided by a rental company. | 3 | | "Motor vehicle" means motor passenger vehicles of the first | 4 | | division and motor vehicles of the second division weighing not | 5 | | more than 8,000 pounds. | 6 | | "Vehicle license cost recovery fee" or "VLCRF" means a | 7 | | charge that may be separately stated and charged on a rental | 8 | | agreement in a vehicle rental transaction originating in | 9 | | Illinois to recover costs incurred either directly or | 10 | | indirectly by a motor vehicle an automobile rental company to | 11 | | license, title, register, and inspect motor vehicles. | 12 | | (b) Motor vehicle Automobile rental companies may include a | 13 | | separately stated mandatory surcharge or fee in a rental | 14 | | agreement for vehicle license cost recovery fees (VLCRF) and | 15 | | all applicable taxes. | 16 | | (c) If a motor vehicle an automobile rental company | 17 | | includes a VLCRF as separately stated charge in a rental | 18 | | agreement, the amount of the fee must represent the motor | 19 | | vehicle automobile rental company's good-faith estimate of the | 20 | | automobile rental company's daily charge as calculated by the | 21 | | motor vehicle automobile rental company to recover its actual | 22 | | total annual motor vehicle titling, registration, and | 23 | | inspection costs. | 24 | | (d) If the total amount of the VLCRF collected by a motor | 25 | | vehicle automobile rental company under this Section in any | 26 | | calendar year exceeds the motor vehicle automobile rental |
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| 1 | | company's actual costs to license, title, register, and inspect | 2 | | for that calendar year, the motor vehicle automobile rental | 3 | | company shall do both of the following: | 4 | | (1) Retain the excess amount; and | 5 | | (2) Adjust the estimated average per vehicle titling, | 6 | | licensing, inspection, and registration charge for the | 7 | | following calendar year by a corresponding amount. | 8 | | (e) Nothing in subsection (d) of this Section shall prevent | 9 | | a motor vehicle automobile rental company from making | 10 | | adjustments to the VLCRF during the calendar year.
| 11 | | (Source: P.A. 96-37, eff. 7-13-09.)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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