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


Sen. Antonio Muñoz

Filed: 5/27/2019





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2    AMENDMENT NO. ______. Amend House Bill 188 as follows:
3on page 1, line 5, by replacing "Section 3-421" with "Sections
43-421 and 6-305"; and
5on page 2, below line 26, by inserting the following:
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
9person unless the latter person, or a driver designated by a
10nondriver with disabilities and meeting any minimum age and
11driver's record requirements that are uniformly applied by the
12person renting a motor vehicle, is then duly licensed hereunder
13or, in the case of a nonresident, then duly licensed under the
14laws of the State or country of his residence unless the State
15or country of his residence does not require that a driver be



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



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1about the operation of the vehicle.
2    (d) (Blank).
3    (e) (Blank).
4    (f) Subject to subsection (l), any person who rents a motor
5vehicle to another shall only advertise, quote, and charge a
6rental rate that includes the entire amount except taxes, a
7mileage charge, and airport concession charge, if any, which a
8renter must pay to hire or lease the vehicle for the period of
9time to which the rental rate applies. The person must provide,
10on the request of the renter, based on the available
11information, an estimated total of the daily rental rate,
12including all applicable taxes, fees, and other charges, or an
13estimated total rental charge, based on the return date of the
14vehicle noted on the rental agreement. Further, if the rental
15agreement does not already provide an estimated total rental
16charge, the following statement must be included in the rental
23    Such person shall not charge in addition to the rental
24rate, taxes, mileage charge, and airport concession charge, if
25any, any fee which must be paid by the renter as a condition of
26hiring or leasing the vehicle, such as, but not limited to,



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1required fuel or airport surcharges, nor any fee for
2transporting the renter to the location where the rented
3vehicle will be delivered to the renter. In addition to the
4rental rate, taxes, mileage charge, and airport concession
5charge, if any, such person may charge for an item or service
6provided in connection with a particular rental transaction if
7the renter can avoid incurring the charge by choosing not to
8obtain or utilize the optional item or service. Items and
9services for which such person may impose an additional charge
10include, but are not limited to, optional insurance and
11accessories requested by the renter, service charges incident
12to the renter's optional return of the vehicle to a location
13other than the location where the vehicle was hired or leased,
14and charges for refueling the vehicle at the conclusion of the
15rental transaction in the event the renter did not return the
16vehicle with as much fuel as was in the fuel tank at the
17beginning of the rental. "Airport concession charge" means a
18charge or fee imposed and collected from a renter to reimburse
19the motor vehicle rental company for the concession fee it is
20required to pay to a local government corporate authority or
21airport authority to rent motor vehicles at the airport
22facility. The airport concession charge is in addition to any
23customer facility charge or any other charge.
24    (f-5) A rental car company that offers a renter the
25opportunity to use a transponder or other electronic tolling
26device shall notify the renter of the opportunity to use the



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1device at or before the beginning of the rental agreement.
2    If a vehicle offered by a rental car company is equipped
3with a transponder or other electronic tolling device and the
4company fails to notify the renter of the option to use the
5device, the rental car company shall not:
6        (1) charge a renter a fee of more than $2 each day for
7    the use of a transponder or other electronic tolling
8    device; however, the company may recoup the actual cost
9    incurred for any toll; and
10        (2) charge a renter a daily fee on any day the renter
11    does not drive through an electronic toll or only drives
12    through an electronic toll collection system for which no
13    alternative payment option exists.
14    (g) Every person renting a motor vehicle to another shall
15keep a record of the registration number of the motor vehicle
16so rented, the name and address of the person to whom the
17vehicle is rented, the number of the license, if any, of said
18latter person, and the date and place when and where the
19license, if any, was issued. Such record may be maintained in
20an electronic or digital format, and shall be open to
21inspection by any police officer or designated agent of the
22Secretary of State.
23    (h) A person licensed as a new car dealer under Section
245-101 of this Code shall not be subject to the provisions of
25this Section regarding the rental of private passenger motor
26vehicles when providing, free of charge, temporary substitute



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1vehicles for customers to operate during a period when a
2customer's vehicle, which is either leased or owned by that
3customer, is being repaired, serviced, replaced or otherwise
4made unavailable to the customer in accordance with an
5agreement with the licensed new car dealer or vehicle
6manufacturer, so long as the customer orally or in writing is
7made aware that the temporary substitute vehicle will be
8covered by his or her insurance policy and the customer shall
9only be liable to the extent of any amount deductible from such
10insurance coverage in accordance with the terms of the policy.
11    (i) This Section, except the requirements of subsection
12(g), also applies to rental agreements of 30 continuous days or
13less involving a motor vehicle that was delivered by an out of
14State person or business to a renter in this State.
15    (j) A public airport may, if approved by its local
16government corporate authorities or its airport authority,
17impose a customer facility charge upon customers of rental car
18companies for the purposes of financing, designing,
19constructing, operating, and maintaining consolidated car
20rental facilities and common use transportation equipment and
21facilities, which are used to transport the customer,
22connecting consolidated car rental facilities with other
23airport facilities.
24    Notwithstanding subsection (f) of this Section, the
25customer facility charge shall be collected by the rental car
26company as a separate charge, and clearly indicated as a



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



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1    rentals at an airport imposing the charge.
2        (2) Clearly and conspicuously disclose in any print
3    rate advertising the existence and amount of the charge if
4    the advertisement is intended for rentals at an airport
5    imposing the charge or, if the print rate advertisement
6    covers an area with multiple airports with different
7    charges, a range of amounts of customer facility charges if
8    the advertisement is intended for rentals at an airport
9    imposing the charge.
10        (3) Clearly and conspicuously disclose the existence
11    and amount of the charge in any telephonic, in-person, or
12    computer-transmitted quotation from the rental car
13    company's proprietary computer reservation system at the
14    time of making an initial quotation of a rental rate if the
15    quotation is made by a rental car company location at an
16    airport imposing the charge and at the time of making a
17    reservation of a rental car if the reservation is made by a
18    rental car company location at an airport imposing the
19    charge.
20        (4) Clearly and conspicuously display the charge in any
21    proprietary computer-assisted reservation or transaction
22    directly between the rental car company and the customer,
23    shown or referenced on the same page on the computer screen
24    viewed by the customer as the displayed rental rate and in
25    a print size not smaller than the print size of the rental
26    rate.



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1        (5) Clearly and conspicuously disclose and separately
2    identify the existence and amount of the charge on its
3    rental agreement.
4        (6) A rental car company that collects from its
5    customers a customer facility charge under subsection (j)
6    and engages in a practice which does not comply with
7    subsections (f), (j), and (k) commits an unlawful practice
8    within the meaning of the Consumer Fraud and Deceptive
9    Business Practices Act.
10    (l) Notwithstanding subsection (f), any person who rents a
11motor vehicle to another may, in connection with the rental of
12a motor vehicle to (i) a business renter or (ii) a business
13program sponsor under the sponsor's business program, do the
15        (1) separately quote, by telephone, in person, or by
16    computer transmission, additional charges for the rental;
17    and
18        (2) separately impose additional charges for the
19    rental.
20    (l-5) A person licensed under Section 5-101, 5-101.2, or
215-102 of this Code shall not participate in a rental-purchase
22agreement vehicle program unless the licensee retains the
23vehicle in his or her name and retains proof of proper vehicle
24registration under Chapter 3 of this Code and liability
25insurance under Section 7-601 of this Code. The licensee shall
26transfer ownership of the vehicle to the renter within 20



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1calendar days of the agreed-upon date of completion of the
2rental-purchase agreement. If the licensee fails to transfer
3ownership of the vehicle to the renter within the 20 calendar
4days, then the renter may apply for the vehicle's title to the
5Secretary of State by providing the Secretary the
6rental-purchase agreement, an application for title, the
7required title fee, and any other documentation the Secretary
8deems necessary to determine ownership of the vehicle. For
9purposes of this subsection (l-5), "rental-purchase agreement"
10has the meaning set forth in Section 1 of the Rental-Purchase
11Agreement Act.
12    (m) As used in this Section:
13        (1) "Additional charges" means charges other than: (i)
14    a per period base rental rate; (ii) a mileage charge; (iii)
15    taxes; or (iv) a customer facility charge.
16        (2) "Business program" means:
17            (A) a contract between a person who rents motor
18        vehicles and a business program sponsor that
19        establishes rental rates at which the person will rent
20        motor vehicles to persons authorized by the sponsor; or
21            (B) a plan, program, or other arrangement
22        established by a person who rents motor vehicles at the
23        request of, or with the consent of, a business program
24        sponsor under which the person offers to rent motor
25        vehicles to persons authorized by the sponsor on terms
26        that are not the same as those generally offered by the



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1        rental company to the public.
2        (3) "Business program sponsor" means any legal entity
3    other than a natural person, including a corporation,
4    limited liability company, partnership, government,
5    municipality or agency, or a natural person operating a
6    business as a sole proprietor.
7        (4) "Business renter" means any person renting a motor
8    vehicle for business purposes or, for any business program
9    sponsor, a person who is authorized by the sponsor to enter
10    into a rental contract under the sponsor's business
11    program. "Business renter" does not include a person
12    renting as:
13            (A) a non-employee member of a not-for-profit
14        organization;
15            (B) the purchaser of a voucher or other prepaid
16        rental arrangement from a person, including a tour
17        operator, engaged in the business of reselling those
18        vouchers or prepaid rental arrangements to the general
19        public;
20            (C) an individual whose car rental is eligible for
21        reimbursement in whole or in part as a result of the
22        person being insured or provided coverage under a
23        policy of insurance issued by an insurance company; or
24            (D) an individual whose car rental is eligible for
25        reimbursement in whole or in part as a result of the
26        person purchasing motor vehicle repair services from a



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1        person licensed to perform those services.
2(Source: P.A. 100-450, eff. 1-1-18; 100-878, eff. 1-1-19.)".