Illinois General Assembly - Full Text of SB1730
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Full Text of SB1730  100th General Assembly


Sen. Antonio Muñoz

Filed: 4/4/2017





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2    AMENDMENT NO. ______. Amend Senate Bill 1730, AS AMENDED,
3by replacing everything after the enacting clause with the
5    "Section 5. The Renter's Financial Responsibility and
6Protection Act is amended by changing Section 15 as follows:
7    (625 ILCS 27/15)
8    Sec. 15. Prohibited practices.
9    (a) A rental company may not sell a damage waiver unless
10the renter agrees to the damage waiver in writing at or prior
11to the time the rental agreement is executed.
12    (b) A rental company may not void a damage waiver except
13for one or more of the following reasons:
14        (1) Damage or loss while the rental vehicle is used to
15    carry persons or property for a charge or fee.
16        (2) Damage or loss during an organized or agreed upon



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1    racing or speed contest or demonstration or pushing or
2    pulling activity in which the rental vehicle is actively
3    involved.
4        (3) Damage or loss that could reasonably be expected
5    from an intentional or criminal act of the driver other
6    than a traffic infraction.
7        (4) Damage or loss to any rental vehicle resulting from
8    any auto business operation, including but not limited to
9    repairing, servicing, testing, washing, parking, storing,
10    or selling of automobiles.
11        (5) Damage or loss occurring to a rental vehicle if the
12    rental contract is based on fraudulent or material
13    misrepresentation by the renter.
14        (6) Damage or loss arising out of the use of the rental
15    vehicle outside the continental United States when such use
16    is specifically prohibited in the rental agreement.
17        (7) Damage or loss occurring while the rental vehicle
18    is operated by a driver not permitted under the rental
19    agreement.
20        (8) Damage or loss occurring while the rental vehicle
21    is operated by a driver under the influence of alcohol,
22    other drug or drugs, intoxicating compound or compounds, or
23    any combination thereof and convicted of violating
24    subsection (a) of Section 11-501 of the Illinois Vehicle
25    Code.
26        (9) Damage or loss to the rental vehicle if the rental



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1    vehicle is stolen and the renter fails to: (i) return the
2    rental vehicle's ignition key and key tag identifying the
3    rental vehicle to the rental vehicle company; (ii) file a
4    police report within the 24-hour period after discovery of
5    the rental vehicle theft; and (iii) fully cooperate with
6    the rental company, law enforcement agency, or any other
7    authority in all matters connected to the investigation of
8    the stolen rental vehicle.
9    (c) A rental company shall not charge more than $12.50 per
10full or partial 24 hour rental day for a collision damage
11waiver prior to January 1, 2014. Beginning January 1, 2014, a
12rental company shall not charge more than $13.50 per full or
13partial 24 hour rental day for a collision damage waiver.
14    (d) A rental company may offer a collision damage waiver on
15any rental vehicle having a value in excess of a Manufacturer's
16Suggested Retail Price (MSRP) of $50,000; however, the
17provisions of subsection (c) of this Section shall not apply to
18collision damage waivers under this subsection (d).
19(Source: P.A. 98-428, eff. 8-16-13; 99-201, eff. 10-1-15.)".