Full Text of SB2522 100th General Assembly
SB2522sam002 100TH GENERAL ASSEMBLY | Sen. Steve Stadelman Filed: 5/1/2018
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| 1 | | AMENDMENT TO SENATE BILL 2522
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2522, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Illinois Vehicle Code is amended by | 6 | | changing Section 6-305 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 | 10 | | person unless the
latter person, or a driver designated by a | 11 | | nondriver with disabilities and
meeting any minimum age and | 12 | | driver's record requirements that are uniformly
applied by the | 13 | | person renting a motor vehicle, is then duly licensed
hereunder | 14 | | or, in the case of a
nonresident, then duly licensed under the | 15 | | laws of the State or country of
his residence unless the State | 16 | | or country of his residence does not require
that a driver be |
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| 1 | | licensed.
| 2 | | (b) No person shall rent a motor vehicle to another until | 3 | | he has
inspected the drivers license of the person to whom the | 4 | | vehicle is to be
rented, or by whom it is to be driven, and | 5 | | compared and verified the
signature thereon with the signature
| 6 | | of such person written in his presence unless, in the case of a
| 7 | | nonresident, the State or country wherein the nonresident | 8 | | resides does not
require that a driver be licensed.
| 9 | | (c) No person shall rent a motorcycle to another unless the | 10 | | latter
person is then duly licensed hereunder as a motorcycle | 11 | | operator, and in the
case of a nonresident, then duly licensed | 12 | | under the laws of the State or
country of his residence, unless | 13 | | the State or country of his residence does
not require that a | 14 | | driver be licensed. | 15 | | (c-1) A rental car company that rents a motor vehicle shall | 16 | | ensure that the renter is provided with an emergency telephone | 17 | | number to personnel capable of fielding roadside assistance and | 18 | | other customer service inquiries, including the ability to | 19 | | provide the caller with the telephone number of the location | 20 | | from which the vehicle was rented, if requested by the caller. | 21 | | If an owner's manual is not available in the vehicle at the | 22 | | time of the rental, an owner's manual for that vehicle or a | 23 | | similar model shall be accessible by the personnel answering | 24 | | the emergency telephone number for assistance with inquiries | 25 | | about 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 | 3 | | vehicle to another shall only
advertise, quote, and charge a | 4 | | rental rate that includes the entire amount
except taxes, a | 5 | | mileage charge, and airport concession charge, if any, which a | 6 | | renter must pay to hire
or lease the vehicle for the period of | 7 | | time to which the rental rate
applies.
The person must provide, | 8 | | on the request of the renter, based on the
available | 9 | | information, an estimated total of the daily rental rate,
| 10 | | including all applicable taxes, fees, and other charges, or an
| 11 | | estimated total rental charge, based on the return date of the | 12 | | vehicle
noted on the rental agreement. Further, if the rental | 13 | | agreement does
not already provide an estimated total rental | 14 | | charge, the following
statement must be included in the rental | 15 | | agreement:
| 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 | 22 | | rate,
taxes, mileage charge, and airport concession charge, if | 23 | | any, any fee which must be paid by the renter
as a condition of | 24 | | hiring or leasing the vehicle, such as, but not limited
to, | 25 | | required fuel or airport surcharges, nor any fee for | 26 | | transporting the
renter to the location where the rented |
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| 1 | | vehicle will be delivered to the
renter. In addition to the | 2 | | rental rate, taxes, mileage charge, and airport concession | 3 | | charge, if any,
such person may charge for an item or service | 4 | | provided in connection with a
particular rental transaction if | 5 | | the renter can avoid incurring the charge by
choosing not to | 6 | | obtain or utilize the optional item or service. Items and
| 7 | | services for which such person may impose an additional charge | 8 | | include, but are
not limited to, optional insurance and | 9 | | accessories requested by the renter,
service charges incident | 10 | | to the renter's optional return of the vehicle to
a location | 11 | | other than the location where the vehicle was hired or leased,
| 12 | | and charges for refueling the vehicle at the conclusion of the | 13 | | rental
transaction in the event the renter did not return the | 14 | | vehicle with as much
fuel as was in the fuel tank at the | 15 | | beginning of the rental. "Airport concession charge" means a | 16 | | charge or fee imposed and collected from a renter to reimburse | 17 | | the motor vehicle rental company for the concession fee it is | 18 | | required to pay to a local government corporate authority or | 19 | | airport authority to rent motor vehicles at the airport | 20 | | facility. The airport concession charge is in addition to any | 21 | | customer facility charge or any other charge.
| 22 | | (f-5) A rental car company that offers a renter the | 23 | | opportunity to use a transponder or other electronic tolling | 24 | | device shall notify the renter of the option to use the device | 25 | | at the beginning of the rental agreement. | 26 | | If a vehicle offered by a rental car company is equipped |
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| 1 | | with a transponder or other electronic tolling device and the | 2 | | company fails to notify the renter of the option to use the | 3 | | device, the rental car company shall not: | 4 | | (1) charge a renter a fee of more than $2 each day for | 5 | | the use of a transponder or other electronic tolling | 6 | | device; however, the company may recoup the actual cost | 7 | | incurred for any toll; and | 8 | | (2) charge a renter a daily fee on any day the renter | 9 | | does not drive through an electronic toll or only drives | 10 | | through an electronic toll collection system for which no | 11 | | alternative payment option exists. | 12 | | A rental car company that provides or offers a renter a | 13 | | vehicle equipped with a transponder or other electronic tolling | 14 | | device shall clearly and conspicuously include the applicable | 15 | | terms and conditions of its use in the rental agreement issued | 16 | | to the renter and post the applicable terms and conditions in a | 17 | | conspicuous location on the business premises. | 18 | | (g) Every person renting a motor vehicle to another shall | 19 | | keep a record
of the registration number of the motor vehicle | 20 | | so rented, the name and
address of the person to whom the | 21 | | vehicle is rented, the number of the
license, if any, of said | 22 | | latter person, and the date and place when and
where the | 23 | | license, if any, was issued. Such record shall be open
to
| 24 | | inspection by any police officer or designated agent of the | 25 | | Secretary of
State.
| 26 | | (h) A person licensed as a new car dealer under Section |
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| 1 | | 5-101 of this
Code shall not be subject to the provisions of | 2 | | this Section regarding the
rental of private passenger motor | 3 | | vehicles when providing, free of charge,
temporary substitute | 4 | | vehicles for customers to operate during a period when
a | 5 | | customer's vehicle, which is either leased or owned by that | 6 | | customer, is
being repaired, serviced, replaced or otherwise | 7 | | made unavailable to the
customer in accordance with an | 8 | | agreement with the licensed new car dealer
or vehicle | 9 | | manufacturer, so long as the customer orally or in writing is
| 10 | | made aware that the temporary substitute vehicle will be | 11 | | covered by his or
her
insurance policy and the customer shall | 12 | | only be liable to the extent of any
amount deductible from such | 13 | | insurance coverage in accordance with the terms
of the policy.
| 14 | | (i) This Section, except the requirements of subsection | 15 | | (g), also applies
to rental agreements of 30 continuous days or | 16 | | less involving a motor
vehicle that was delivered by an out of | 17 | | State person or business to a
renter in this State.
| 18 | | (j) A public airport
may, if approved by its local | 19 | | government corporate authorities or its airport
authority, | 20 | | impose a customer facility charge upon customers of rental car
| 21 | | companies for the purposes of financing, designing, | 22 | | constructing,
operating, and maintaining consolidated car | 23 | | rental facilities and common
use transportation equipment and
| 24 | | facilities,
which are used to transport the customer, | 25 | | connecting consolidated
car rental facilities with other | 26 | | airport facilities.
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| 1 | | Notwithstanding
subsection (f) of this
Section, the | 2 | | customer facility charge shall
be collected by the rental car | 3 | | company as a separate charge, and clearly
indicated as
a | 4 | | separate charge
on the rental agreement and invoice.
Facility | 5 | | charges shall be immediately deposited into a trust account
for | 6 | | the benefit of the airport and
remitted at the direction of the | 7 | | airport, but
not more often than once per month.
The charge | 8 | | shall be uniformly calculated on a per-contract or per-day
| 9 | | basis.
Facility charges imposed by the airport may not exceed | 10 | | the reasonable
costs of financing, designing, constructing, | 11 | | operating, and maintaining the
consolidated car rental | 12 | | facilities and common use transportation equipment and
| 13 | | facilities and may not be used for any other purpose.
| 14 | | Notwithstanding any other provision of law, the charges | 15 | | collected
under
this Section are not subject to retailer | 16 | | occupation, sales,
use,
or transaction taxes.
| 17 | | (k) When a rental car company states a rental rate in any | 18 | | of its rate
advertisements, its proprietary computer
| 19 | | reservation systems, or its in-person quotations
intended to | 20 | | apply to
an airport rental, a company that collects from its | 21 | | customers a customer
facility charge for that rental under | 22 | | subsection (j) shall do all of the
following:
| 23 | | (1) Clearly and conspicuously disclose in any radio, | 24 | | television, or other
electronic media advertisements the | 25 | | existence and
amount of the charge if the advertisement is | 26 | | intended for rentals at an airport
imposing the charge or, |
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| 1 | | if the
advertisement covers an area with multiple airports | 2 | | with different charges, a
range of amounts of customer | 3 | | facility charges if the advertisement is intended
for | 4 | | rentals at an airport imposing the charge.
| 5 | | (2) Clearly and conspicuously disclose in any print | 6 | | rate advertising the
existence and
amount of the charge if | 7 | | the advertisement is intended for rentals at an airport
| 8 | | imposing the charge or, if the print rate advertisement | 9 | | covers an area with
multiple
airports with different | 10 | | charges, a range of amounts of customer facility
charges if | 11 | | the advertisement is intended for rentals at an airport | 12 | | imposing the
charge.
| 13 | | (3) Clearly and conspicuously disclose the existence | 14 | | and
amount of the charge in any telephonic, in-person, or | 15 | | computer-transmitted
quotation from the rental car | 16 | | company's proprietary computer reservation system
at the | 17 | | time of making an initial quotation of a
rental rate if the | 18 | | quotation is made by a rental car company location at an
| 19 | | airport imposing the charge and at the time of making a | 20 | | reservation of a rental
car if the reservation is made by a | 21 | | rental car company location at an airport
imposing the | 22 | | charge.
| 23 | | (4) Clearly and conspicuously display the charge in any | 24 | | proprietary
computer-assisted
reservation or transaction | 25 | | directly between the rental car company and the
customer,
| 26 | | shown or referenced on the
same page on the computer screen |
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| 1 | | viewed by the customer as the
displayed rental rate and in | 2 | | a print size not smaller than the print size of
the rental | 3 | | rate.
| 4 | | (5) Clearly and conspicuously disclose
and separately | 5 | | identify the existence and amount of the charge on its | 6 | | rental
agreement.
| 7 | | (6) A rental car company that collects from its | 8 | | customers a customer
facility charge under subsection (j) | 9 | | and engages in a practice which does not
comply with
| 10 | | subsections (f), (j), and (k) commits an unlawful
practice | 11 | | within the meaning of the Consumer Fraud and Deceptive | 12 | | Business
Practices Act.
| 13 | | (l) Notwithstanding subsection (f), any person who rents a | 14 | | motor vehicle to another may, in connection with the rental of | 15 | | a motor vehicle to (i) a business renter or (ii) a business | 16 | | program sponsor under the sponsor's business program, do the | 17 | | following: | 18 | | (1) separately quote, by telephone, in person, or by | 19 | | computer transmission, additional charges for the rental; | 20 | | and | 21 | | (2) separately impose additional charges for the | 22 | | rental. | 23 | | (l-5) A person licensed under Section 5-101, 5-101.2, or | 24 | | 5-102 of this Code shall not participate in a rental-purchase | 25 | | agreement vehicle program unless the licensee retains the | 26 | | vehicle in his or her name and retains proof of proper vehicle |
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| 1 | | registration under Chapter 3 of this Code and liability | 2 | | insurance under Section 7-601 of this Code. The licensee shall | 3 | | transfer ownership of the vehicle to the renter within 20 | 4 | | calendar days of the agreed-upon date of completion of the | 5 | | rental-purchase agreement. If the licensee fails to transfer | 6 | | ownership of the vehicle to the renter within the 20 calendar | 7 | | days, then the renter may apply for the vehicle's title to the | 8 | | Secretary of State by providing the Secretary the | 9 | | rental-purchase agreement, an application for title, the | 10 | | required title fee, and any other documentation the Secretary | 11 | | deems necessary to determine ownership of the vehicle. For | 12 | | purposes of this subsection (l-5), "rental-purchase agreement" | 13 | | has the meaning set forth in Section 1 of the Rental-Purchase | 14 | | Agreement Act. | 15 | | (m) As used in this Section: | 16 | | (1) "Additional charges" means charges other than: (i) | 17 | | a per period base rental rate; (ii) a mileage charge; (iii) | 18 | | taxes; or (iv) a customer facility charge. | 19 | | (2) "Business program" means: | 20 | | (A) a contract between a person who rents motor | 21 | | vehicles and a business program sponsor that | 22 | | establishes rental rates at which the person will rent | 23 | | motor vehicles to persons authorized by the sponsor; or | 24 | | (B) a plan, program, or other arrangement | 25 | | established by a person who rents motor vehicles at the | 26 | | request of, or with the consent of, a business program |
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| 1 | | sponsor under which the person offers to rent motor | 2 | | vehicles to persons authorized by the sponsor on terms | 3 | | that are not the same as those generally offered by the | 4 | | rental company to the public. | 5 | | (3) "Business program sponsor" means any legal entity | 6 | | other than a natural person, including a corporation, | 7 | | limited liability company, partnership, government, | 8 | | municipality or agency, or a natural person operating a | 9 | | business as a sole proprietor. | 10 | | (4) "Business renter" means any person renting a motor | 11 | | vehicle for business purposes or, for any business program | 12 | | sponsor, a person who is authorized by the sponsor to enter | 13 | | into a rental contract under the sponsor's business | 14 | | program. "Business renter" does not include a person | 15 | | renting as: | 16 | | (A) a non-employee member of a not-for-profit | 17 | | organization; | 18 | | (B) the purchaser of a voucher or other prepaid | 19 | | rental arrangement from a person, including a tour | 20 | | operator, engaged in the business of reselling those | 21 | | vouchers or prepaid rental arrangements to the general | 22 | | public; | 23 | | (C) an individual whose car rental is eligible for | 24 | | reimbursement in whole or in part as a result of the | 25 | | person being insured or provided coverage under a | 26 | | policy of insurance issued by an insurance company; or |
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| 1 | | (D) an individual whose car rental is eligible for | 2 | | reimbursement in whole or in part as a result of the | 3 | | person purchasing motor vehicle repair services from a | 4 | | person licensed to perform those services.
| 5 | | (Source: P.A. 100-450, eff. 1-1-18 .)".
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