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92_HB2602enr HB2602 Enrolled LRB9202285DHpc 1 AN ACT with regard to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Illinois Vehicle Code is amended by 5 changing Section 6-305 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 12 the person renting a motor vehicle, is then duly licensed 13 hereunder or, in the case of a nonresident, then duly 14 licensed under the laws of the State or country of his 15 residence unless the State or country of his residence does 16 not require that a driver be licensed. 17 (b) No person shall rent a motor vehicle to another 18 until he has inspected the drivers license of the person to 19 whom the vehicle is to be rented, or by whom it is to be 20 driven, and compared and verified the signature thereon with 21 the signature of such person written in his presence unless, 22 in the case of a nonresident, the State or country wherein 23 the nonresident resides does not require that a driver be 24 licensed. 25 (c) No person shall rent a motorcycle to another unless 26 the latter person is then duly licensed hereunder as a 27 motorcycle operator, and in the case of a nonresident, then 28 duly licensed under the laws of the State or country of his 29 residence, unless the State or country of his residence does 30 not require that a driver be licensed. 31 (d) (Blank). HB2602 Enrolled -2- LRB9202285DHpc 1 (e) (Blank). 2 (f) Any person who rents a motor vehicle to another 3 shall only advertise, quote, and charge a rental rate that 4 includes the entire amount except taxes and a mileage charge, 5 if any, which a renter must pay to hire or lease the vehicle 6 for the period of time to which the rental rate applies. 7 Such person shall not charge in addition to the rental rate, 8 taxes, and mileage charge, if any, any fee which must be paid 9 by the renter as a condition of hiring or leasing the 10 vehicle, such as, but not limited to, required fuel or 11 airport surcharges, nor any fee for transporting the renter 12 to the location where the rented vehicle will be delivered to 13 the renter. In addition to the rental rate, taxes, and 14 mileage charge, if any, such person may charge for an item or 15 service provided in connection with a particular rental 16 transaction if the renter can avoid incurring the charge by 17 choosing not to obtain or utilize the optional item or 18 service. Items and services for which such person may impose 19 an additional charge include, but are not limited to, 20 optional insurance and accessories requested by the renter, 21 service charges incident to the renter's optional return of 22 the vehicle to a location other than the location where the 23 vehicle was hired or leased, and charges for refueling the 24 vehicle at the conclusion of the rental transaction in the 25 event the renter did not return the vehicle with as much fuel 26 as was in the fuel tank at the beginning of the rental. 27 (g) Every person renting a motor vehicle to another 28 shall keep a record of the registration number of the motor 29 vehicle so rented, the name and address of the person to whom 30 the vehicle is rented, the number of the license, if any, of 31 said latter person, and the date and place when and where the 32 license, if any, was issued. Such record shall be open to 33 inspection by any police officer or designated agent of the 34 Secretary of State. HB2602 Enrolled -3- LRB9202285DHpc 1 (h) A person licensed as a new car dealer under Section 2 5-101 of this Code shall not be subject to the provisions of 3 this Section regarding the rental of private passenger motor 4 vehicles when providing, free of charge, temporary substitute 5 vehicles for customers to operate during a period when a 6 customer's vehicle, which is either leased or owned by that 7 customer, is being repaired, serviced, replaced or otherwise 8 made unavailable to the customer in accordance with an 9 agreement with the licensed new car dealer or vehicle 10 manufacturer, so long as the customer orally or in writing 11 is made aware that the temporary substitute vehicle will be 12 covered by his or her insurance policy and the customer shall 13 only be liable to the extent of any amount deductible from 14 such insurance coverage in accordance with the terms of the 15 policy. 16 (i) This Section, except the requirements of subsection 17 (g), also applies to rental agreements of 30 continuous days 18 or less involving a motor vehicle that was delivered by an 19 out of State person or business to a renter in this State. 20 (j) A public airport may, if approved by its local 21 government corporate authorities or its airport authority, 22 impose a customer facility charge upon customers of rental 23 car companies for the purposes of financing, designing, 24 constructing, operating, and maintaining consolidated car 25 rental facilities and common use transportation equipment and 26 facilities, which are used to transport the customer, 27 connecting consolidated car rental facilities with other 28 airport facilities. 29 Notwithstanding subsection (f) of this Section, the 30 customer facility charge shall be collected by the rental car 31 company as a separate charge, and clearly indicated as a 32 separate charge on the rental agreement and invoice. Facility 33 charges shall be immediately deposited into a trust account 34 for the benefit of the airport and remitted at the direction HB2602 Enrolled -4- LRB9202285DHpc 1 of the airport, but not more often than once per month. The 2 charge shall be uniformly calculated on a per-contract or 3 per-day basis. Facility charges imposed by the airport may 4 not exceed the reasonable costs of financing, designing, 5 constructing, operating, and maintaining the consolidated car 6 rental facilities and common use transportation equipment and 7 facilities and may not be used for any other purpose. 8 Notwithstanding any other provision of law, the charges 9 collected under this Section are not subject to retailer 10 occupation, sales, use, or transaction taxes. 11 (k) When a rental car company states a rental rate in 12 any of its rate advertisements, its proprietary computer 13 reservation systems, or its in-person quotations intended to 14 apply to an airport rental, a company that collects from its 15 customers a customer facility charge for that rental under 16 subsection (j) shall do all of the following: 17 (1) Clearly and conspicuously disclose in any 18 radio, television, or other electronic media 19 advertisements the existence and amount of the charge if 20 the advertisement is intended for rentals at an airport 21 imposing the charge or, if the advertisement covers an 22 area with multiple airports with different charges, a 23 range of amounts of customer facility charges if the 24 advertisement is intended for rentals at an airport 25 imposing the charge. 26 (2) Clearly and conspicuously disclose in any print 27 rate advertising the existence and amount of the charge 28 if the advertisement is intended for rentals at an 29 airport imposing the charge or, if the print rate 30 advertisement covers an area with multiple airports with 31 different charges, a range of amounts of customer 32 facility charges if the advertisement is intended for 33 rentals at an airport imposing the charge. 34 (3) Clearly and conspicuously disclose the HB2602 Enrolled -5- LRB9202285DHpc 1 existence and amount of the charge in any telephonic, 2 in-person, or computer-transmitted quotation from the 3 rental car company's proprietary computer reservation 4 system at the time of making an initial quotation of a 5 rental rate if the quotation is made by a rental car 6 company location at an airport imposing the charge and at 7 the time of making a reservation of a rental car if the 8 reservation is made by a rental car company location at 9 an airport imposing the charge. 10 (4) Clearly and conspicuously display the charge in 11 any proprietary computer-assisted reservation or 12 transaction directly between the rental car company and 13 the customer, shown or referenced on the same page on the 14 computer screen viewed by the customer as the displayed 15 rental rate and in a print size not smaller than the 16 print size of the rental rate. 17 (5) Clearly and conspicuously disclose and 18 separately identify the existence and amount of the 19 charge on its rental agreement. 20 (6) A rental car company that collects from its 21 customers a customer facility charge under subsection (j) 22 and engages in a practice which does not comply with 23 subsections (f), (j), and (k) commits an unlawful 24 practice within the meaning of the Consumer Fraud and 25 Deceptive Business Practices Act. 26 (Source: P.A. 89-248, eff. 8-4-95; 90-113, eff. 7-14-97.) 27 Section 10. The Consumer Fraud and Deceptive Business 28 Practices Act is amended by changing Section 2Z as follows: 29 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z) 30 Sec. 2Z. Violations of other Acts. Any person who 31 knowingly violates the Automotive Repair Act, the Home Repair 32 and Remodeling Act, the Dance Studio Act, the Physical HB2602 Enrolled -6- LRB9202285DHpc 1 Fitness Services Act, the Hearing Instrument Consumer 2 Protection Act, the Illinois Union Label Act, the Job 3 Referral and Job Listing Services Consumer Protection Act, 4 the Travel Promotion Consumer Protection Act, the Credit 5 Services Organizations Act, the Automatic Telephone Dialers 6 Act, the Pay-Per-Call Services Consumer Protection Act, the 7 Telephone Solicitations Act, the Illinois Funeral or Burial 8 Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed 9 Act, the Pre-Need Cemetery Sales Act, subsection (a) or (b) 10 of Section 3-10 of the Cigarette Tax Act, subsection (a) or 11 (b) of Section 3-10 of the Cigarette Use Tax Act,orthe 12 Electronic Mail Act, or paragraph (6) of subsection (k) of 13 Section 6-305 of the Illinois Vehicle Code commits an 14 unlawful practice within the meaning of this Act. 15 (Source: P.A. 90-426, eff. 1-1-98; 91-164, eff. 7-16-99; 16 91-230, eff. 1-1-00; 91-233, eff. 1-1-00; 91-810, eff. 17 6-13-00.)