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92_HB5819 LRB9214022LDtm 1 AN ACT in relation to vehicles. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Renter's Financial Responsibility and 5 Protection Act is amended by changing Sections 10 and 15 as 6 follows: 7 (625 ILCS 27/10) 8 Sec. 10. Definitions. As used in this Act: 9 "Rental Company" means a person or entity that rents 10 private passenger vehicles to the public for 9030days or 11 less. 12 "Renter" means a person or entity that obtains the use of 13 a private passenger vehicle from a rental company under terms 14 of a rental agreement. 15 "Rental Agreement" means an agreement for 9030days or 16 less setting forth the terms and conditions governing the use 17 of a private passenger vehicle provided by a rental company. 18 "Authorized Driver" means: the renter; the renter's 19 spouse if the spouse is a licensed driver and satisfies the 20 rental company's minimum age requirement; the renter's 21 employer, employee, or co-worker if that person is a licensed 22 driver, satisfies the rental company's minimum age 23 requirement, and at the time of the rental is engaged in a 24 business activity with the renter; any person who is 25 expressly listed by the rental company on the rental 26 agreement as an authorized driver; and any person driving 27 directly to a medical or police facility under circumstances 28 reasonably believed to constitute an emergency and who is a 29 licensed driver. 30 "Damage Waiver" means a rental company's agreement not to 31 hold an authorized driver liable for all or a part of any -2- LRB9214022LDtm 1 damage to or loss of a rented vehicle for which the renter 2 may be liable pursuant to Section 6-305.2. "Damage Waiver" 3 shall encompass within its meaning other similar terms used 4 by rental companies, such as "Collision Damage Waiver", "Loss 5 Damage Waiver", "Physical Damage Waiver", and the like. 6 (Source: P.A. 90-113, eff. 7-14-97.) 7 (625 ILCS 27/15) 8 Sec. 15. Prohibited practices. 9 (a) A rental company may not sell a damage waiver unless 10 the renter agrees to the damage waiver in writing at or prior 11 to the time the rental agreement is executed. 12 (b) A rental company may not void a damage waiver except 13 for one or more of the following reasons: 14 (1) Damage or loss while the rental vehicle is used 15 to carry persons or property for a charge or fee. 16 (2) Damage or loss during an organized or agreed 17 upon racing or speed contest or demonstration or pushing 18 or pulling activity in which the rental vehicle is 19 actively involved. 20 (3) Damage or loss that could reasonably be 21 expected from an intentional or criminal act of the 22 driver other than a traffic infraction. 23 (4) Damage or loss to any rental vehicle resulting 24 from any auto business operation, including but not 25 limited to repairing, servicing, testing, washing, 26 parking, storing, or selling of automobiles. 27 (5) Damage or loss occurring to a rental vehicle if 28 the rental contract is based on fraudulent or material 29 misrepresentation by the renter. 30 (6) Damage or loss arising out of the use of the 31 rental vehicle outside the continental United States when 32 such use is specifically prohibited in the rental 33 agreement. -3- LRB9214022LDtm 1 (7) Damage or loss occurring while the rental 2 vehicle is operated by a driver not permitted under the 3 rental agreement. 4(c) A rental company shall not charge more than $9 per5full or partial 24 hour rental day for a collision damage6waiver if the manufacturer's suggested retail price of the7rental vehicle type is not greater than $30,000. A rental8company shall not charge more than $12 per full or partial 249hour rental day for a collision damage waiver if the10manufacturer's suggested retail price of the rental vehicle11type is greater than $30,000. On January 1, 2000, the maximum12charges in this subsection (c) shall be increased to $9.5013and $12.50, respectively, and shall be subsequently increased14to $10 and $13 on January 1, 2001 and $10.50 and $13.50 on15January 1, 2002.16 (Source: P.A. 90-113, eff. 7-14-97.)