Public Act 097-0595
 
SB0959 EnrolledLRB097 04683 HEP 44722 b



    AN ACT concerning transportation.

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 






 
    Section 5. The Illinois Vehicle Code is amended  by changing 
Sections 6-305, 6-305.3, 18c-4201,  18c-4203, and 18c-4204 as 
follows:
 



    (625 ILCS 5/6-305)  (from Ch. 95 1/2, par. 6-305)



    Sec. 6-305. Renting motor vehicle to another. 

    (a) No person shall rent a motor vehicle to any other 
person unless the
latter person, or a driver designated by a 
nondriver with disabilities and
meeting any minimum age and 
driver's record requirements that are uniformly
applied by the 
person renting a motor vehicle, is then duly licensed
hereunder 
or, in the case of a
nonresident, then duly licensed under the 
laws of the State or country of
his residence unless the State 
or country of his residence does not require
that a driver be 
licensed.

    (b) No person shall rent a motor vehicle to another until 
he has
inspected the drivers license of the person to whom the 
vehicle is to be
rented, or by whom it is to be driven, and 
compared and verified the
signature thereon with the signature

of such person written in his presence unless, in the case of a

nonresident, the State or country wherein the nonresident 
resides does not
require that a driver be licensed.

    (c) No person shall rent a motorcycle to another unless the 
latter
person is then duly licensed hereunder as a motorcycle 
operator, and in the
case of a nonresident, then duly licensed 
under the laws of the State or
country of his residence, unless 
the State or country of his residence does
not require that a 
driver be licensed.
    (c-1) A rental car company that rents a motor vehicle shall 
ensure that the renter is provided with an emergency telephone 
number to personnel capable of fielding roadside assistance and 
other customer service inquiries, including the ability to 
provide the caller with the telephone number of the location 
from which the vehicle was rented, if requested by the caller.  
If an owner's manual is not available in the vehicle at the 
time of the rental, an owner's manual for that vehicle or a 
similar model shall be accessible by the personnel answering 
the emergency telephone number for assistance with inquiries 
about the operation of the vehicle. 

    (d) (Blank).

    (e) (Blank).

    (f) Subject to subsection (l), any person who rents a motor 
vehicle to another shall only
advertise, quote, and charge a 
rental rate that includes the entire amount
except taxes, and a 
mileage charge, and airport concession charge, if any, which a 
renter must pay to hire
or lease the vehicle for the period of 
time to which the rental rate
applies.
The person must provide, 
on the request of the renter, based on the
available 
information, an estimated total of the daily rental rate,

including all applicable taxes, fees, and other charges, or an

estimated total rental charge, based on the return date of the 
vehicle
noted on the rental agreement. Further, if the rental 
agreement does
not already provide an estimated total rental 
charge, the following
statement must be included in the rental 
agreement:


    "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON

    AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL 
    RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN 
    ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN 
    DATE NOTED ON
THIS AGREEMENT."

    Such person shall not charge in addition to the rental 
rate,
taxes, and mileage charge, and airport concession charge, 
if any, any fee which must be paid by the renter
as a condition 
of hiring or leasing the vehicle, such as, but not limited
to, 
required fuel or airport surcharges, nor any fee for 
transporting the
renter to the location where the rented 
vehicle will be delivered to the
renter.  In addition to the 
rental rate, taxes, and mileage charge, and airport concession 
charge, if any,
such person may charge for an item or service 
provided in connection with a
particular rental transaction if 
the renter can avoid incurring the charge by
choosing not to 
obtain or utilize the optional item or service.  Items and

services for which such person may impose an additional charge 
include, but are
not limited to, optional insurance and 
accessories requested by the renter,
service charges incident 
to the renter's optional return of the vehicle to
a location 
other than the location where the vehicle was hired or leased,

and charges for refueling the vehicle at the conclusion of the 
rental
transaction in the event the renter did not return the 
vehicle with as much
fuel as was in the fuel tank at the 
beginning of the rental. "Airport concession charge" means a 
charge or fee imposed and collected from a renter to reimburse 
the motor vehicle rental company for the concession fee it is 
required to pay to a local government corporate authority or 
airport authority to rent motor vehicles at the airport 
facility. The airport concession charge is in addition to any 
customer facility charge or any other charge. 

    (g) Every person renting a motor vehicle to another shall 
keep a record
of the registration number of the motor vehicle 
so rented, the name and
address of the person to whom the 
vehicle is rented, the number of the
license, if any, of said 
latter person, and the date and place when and
where the 
license, if any, was issued. Such record shall be open
to

inspection by any police officer or designated agent of the 
Secretary of
State.

    (h) A person licensed as a new car dealer under Section 
5-101 of this
Code shall not be subject to the provisions of 
this Section regarding the
rental of private passenger motor 
vehicles when providing, free of charge,
temporary substitute 
vehicles for customers to operate during a period when
a 
customer's vehicle, which is either leased or owned by that 
customer, is
being repaired, serviced, replaced or otherwise 
made unavailable to the
customer in accordance with an 
agreement with the licensed new car dealer
or vehicle 
manufacturer,  so long as the customer orally or in writing is

made aware that the temporary substitute vehicle will be 
covered by his or
her
insurance policy and the customer shall 
only be liable to the extent of any
amount deductible from such 
insurance coverage in accordance with the terms
of the policy.

    (i) This Section, except the requirements of subsection 
(g), also applies
to rental agreements of 30 continuous days or 
less involving a motor
vehicle that was delivered by an out of 
State person or business to a
renter in this State.

    (j) A public airport
may, if approved by its local 
government corporate authorities or its airport
authority, 
impose a customer facility charge upon customers of rental car

companies for the purposes of financing, designing, 
constructing,
operating, and maintaining consolidated car 
rental facilities and common
use transportation equipment and

facilities,
which are used to transport the customer, 
connecting consolidated
car rental facilities with other 
airport facilities.

    Notwithstanding
subsection (f) of this
Section, the 
customer facility charge shall
be collected by the rental car 
company as a separate charge, and clearly
indicated as
a 
separate charge
on the rental agreement and invoice.
Facility 
charges shall be immediately deposited into a trust account
for 
the benefit of the airport and
remitted at the direction of the 
airport, but
not more often than once per month.
The charge 
shall be uniformly calculated on a per-contract or per-day

basis.
Facility charges imposed by the airport may not exceed 
the reasonable
costs of financing, designing, constructing, 
operating, and maintaining the
consolidated car rental 
facilities and common use transportation equipment and

facilities and may not be used for any other purpose.

    Notwithstanding any other provision of law, the charges 
collected
under
this Section are not subject to retailer 
occupation, sales,
use,
or transaction taxes.

    (k) When a rental car company states a rental rate in any 
of its rate
advertisements, its proprietary computer

reservation systems, or its in-person quotations
intended to 
apply to
an airport rental, a company that collects from its 
customers a customer
facility charge for that rental under 
subsection (j) shall do all of the
following:


        (1) Clearly and conspicuously disclose in any radio, 
    television, or other
electronic media advertisements the 
    existence and
amount of the charge if the advertisement is 
    intended for rentals at an airport
imposing the charge or, 
    if the
advertisement covers an area with multiple airports 
    with different charges, a
range of amounts of customer 
    facility charges if the advertisement is intended
for 
    rentals at an airport imposing the charge.


        (2) Clearly and conspicuously disclose in any print 
    rate advertising the
existence and
amount of the charge if 
    the advertisement is intended for rentals at an airport

    imposing the charge or, if the print rate advertisement 
    covers an area with
multiple
airports with different 
    charges, a range of amounts of customer facility
charges if 
    the advertisement is intended for rentals at an airport 
    imposing the
charge.


        (3) Clearly and conspicuously disclose the existence 
    and
amount of the charge in any telephonic, in-person, or 
    computer-transmitted
quotation from the rental car 
    company's proprietary computer reservation system
at the 
    time of making an initial quotation of a
rental rate if the  
    quotation is made by a rental car company location at an

    airport imposing the charge and at the time of making a 
    reservation of a rental
car if the reservation is made by a 
    rental car company location at an airport
imposing the 
    charge.


        (4) Clearly and conspicuously display the charge in any 
    proprietary
computer-assisted
reservation or transaction 
    directly between the rental car company and the
customer,

    shown or referenced on the
same page on the computer screen 
    viewed by the customer as the
displayed rental rate and in 
    a print size not smaller than the print size of
the rental 
    rate.


        (5) Clearly and conspicuously disclose
and separately 
    identify the existence and amount of the charge on its 
    rental
agreement.


        (6) A rental car company that collects from its 
    customers a customer
facility charge under subsection (j) 
    and engages in a practice which does not
comply with

    subsections (f), (j), and (k) commits an unlawful
practice 
    within the meaning of the Consumer Fraud and Deceptive 
    Business
Practices Act.

    (l) Notwithstanding subsection (f), any person who rents a 
motor vehicle to another may, in connection with the rental of 
a motor vehicle to (i) a business renter or (ii) a business 
program sponsor under the sponsor's business program, do the 
following:
        (1) separately quote, by telephone, in person, or by 
    computer transmission, additional charges for the rental; 
    and
        (2) separately impose additional charges for the 
    rental.
    (m)  As used in this Section:
        (1)  "Additional charges" means charges other than: (i) 
    a per period base rental rate; (ii) a mileage charge; (iii) 
    taxes; or (iv)  a customer facility charge.
        (2)  "Business program" means:
            (A) a contract between a person who rents motor 
        vehicles and a business program sponsor that 
        establishes rental rates at which the person will rent 
        motor vehicles to persons authorized by the sponsor; or
            (B) a plan, program, or other arrangement 
        established by a person who rents motor vehicles at the 
        request of, or with the consent of, a business program 
        sponsor under which the person offers to rent motor 
        vehicles to persons authorized by the sponsor on terms 
        that are not the same as those generally offered by the 
        rental company to the public.
        (3)  "Business program sponsor" means any legal entity 
    other than a natural person, including a corporation, 
    limited liability company, partnership, government, 
    municipality or agency, or a natural person operating a 
    business as a sole proprietor.
        (4)  "Business renter" means any person renting a motor 
    vehicle for business purposes or,  for any business program 
    sponsor, a person who is authorized by the sponsor to enter 
    into a rental contract under the sponsor's business 
    program. "Business renter" does not include  a person 
    renting as:
            (A) a non-employee member of a not-for-profit 
        organization;
            (B) the purchaser of a voucher or other prepaid 
        rental arrangement from a person, including a tour 
        operator, engaged in the business of reselling those 
        vouchers or prepaid rental arrangements to the general 
        public;
            (C) an individual whose car rental is eligible for 
        reimbursement in whole or in part as a result of the 
        person being insured or provided coverage under a 
        policy of insurance issued by an insurance company; or
            (D) an individual whose car rental is eligible for 
        reimbursement in whole or in part as a result of the 
        person purchasing motor vehicle repair services from a 
        person licensed to perform those services.

(Source: P.A. 94-717, eff. 12-19-05; 95-770, eff. 1-1-09.)

 
    (625 ILCS 5/6-305.3)
    Sec. 6-305.3. Vehicle license cost recovery fee.
    (a) As used in this Section:
    "Motor vehicle Automobile rental company" means a person or 
entity whose primary business is renting motor private 
passenger vehicles to the public for 30 days or less.
    "Inspect" or "inspection" means a vehicle emissions 
inspection under Chapter 13C of this Code. 
    "Rental agreement" means an agreement for 30 days or less 
setting forth the terms and conditions governing the use of a 
motor private passenger vehicle provided by a rental company.
    "Motor vehicle" means motor passenger vehicles of the first 
division and motor vehicles of the second division weighing not 
more than 8,000 pounds.
    "Vehicle license cost recovery fee" or "VLCRF" means a 
charge that may be separately stated and charged on a rental 
agreement in a vehicle rental transaction originating in 
Illinois to recover costs incurred either directly or 
indirectly by a motor vehicle an automobile rental company to 
license, title, register, and inspect motor vehicles.
    (b) Motor vehicle Automobile rental companies may include a 
separately stated mandatory surcharge or fee in a rental 
agreement for vehicle license cost recovery fees (VLCRF) and 
all applicable taxes.
    (c) If a motor vehicle an automobile rental company 
includes a VLCRF as separately stated charge in a rental 
agreement, the amount of the fee must represent the motor 
vehicle automobile rental company's good-faith estimate of the 
automobile rental company's daily charge as calculated by the 
motor vehicle automobile rental company to recover its actual 
total annual motor vehicle titling, registration, and 
inspection costs.
    (d) If the total amount of the VLCRF collected by a motor 
vehicle automobile rental company under this Section in any 
calendar year exceeds the motor vehicle automobile rental 
company's actual costs to license, title, register, and inspect 
for that calendar year, the motor vehicle automobile rental 
company shall do both of the following:
        (1) Retain the excess amount; and
        (2) Adjust the estimated average per vehicle titling, 
    licensing, inspection, and registration charge for the 
    following calendar year by a corresponding amount.
    (e) Nothing in subsection (d) of this Section shall prevent 
a motor vehicle automobile rental company from making 
adjustments to the VLCRF during the calendar year.

(Source: P.A. 96-37, eff. 7-13-09.)
 



    (625 ILCS 5/18c-4201)  (from Ch. 95 1/2, par. 18c-4201)



    Sec. 18c-4201. Licensing cases. 

    (1) Scope of Section.
The provisions of this Chapter 
relating to household goods carrier
licensing apply to 
applications:


        (a) For a license authorizing a carrier to operate as 
    an intrastate
household goods carrier;


        (b) To transfer a certificate, permit, or license or to 
    change
the name on a certificate, permit, or license; and


        (c) To convert household goods contract carrier 
    authority to household
goods common carrier authority.

    (2) Form and content of household goods carrier licensing 
applications.
Household goods carrier licensing
applications

shall be on such forms and contain such
information as may be 
prescribed by
the Commission, be verified under oath, and shall 
be
accompanied by the required filing fee.

    (3) Public notice of applications.


        (a) Review of applications prior to publication.
The 
    Commission may provide for preliminary review of
each 
    application to determine if it is complete, if it
gives 
    adequate notice, and if the authority requested is

    unenforceably vague or otherwise contrary to the

    provisions of this Chapter.


        (b) Authorization to submit application for 
    publication.
If the Commission determines after review 
    that the
application is defective in any respect, it shall

    promptly notify the applicant.  No application shall be

    submitted to the official newspaper for publication
until 
    after it has been approved for publication, if the 
    Commission
has provided for preliminary review.  If
the 
    Commission does not find that the
application is defective, 
    or if it finds that any defects have
been removed by 
    amendment, the applicant shall be permitted
to submit the 
    application to the official newspaper for
publication.  The 
    Commission shall complete its review
and notify the 
    applicant within 15 days after
filing of the application.


        (c) Additional notice prescribed by the Commission.

    The Commission may direct applicant to give such further

    notice in connection with its application as the
Commission 
    deems necessary.  The Commission may, itself,
give such 
    additional notice as it deems necessary.

    (4) Hearing on licensing applications.


        (a) Participation at hearing.
Any person having 
    standing to participate under this Chapter
may appear and 
    participate in a hearing before the
Commission to the 
    extent of its standing, provided that
the person has 
    complied with Commission regulations
concerning the filing 
    of petitions for leave to
intervene and like pleadings.  
    Petitions for leave to intervene must be
filed within 15 
    days after publication, unless the Commission provides for

    filing at a later date. The Commission may permit 
    additional persons to
appear and participate, on such terms 
    as the Commission
shall prescribe, where such 
    participation is deemed
necessary to an informed
and just 
    resolution of the issues in the proceeding.  No shipper 
    representative
shall be permitted to testify in support of 
    an application for a motor common
carrier certificate or a 
    motor contract carrier permit on the issue of need
for 
    service unless:


            (i) A supporting statement was filed on behalf of 
        the shipper at least
10 days prior to the date of 
        testimony; and


            (ii) If the supporting statement was not filed with 
        the application, the
statement was served on all 
        parties of record at least 10 days prior to
the date of 
        testimony.


        (b) Setting, notice, and hearing. Notwithstanding any 
    contrary provisions
in Section 18c-2101 of this Chapter, a 
    hearing shall be held on each
licensing
application to 
    determine that the requirements of this Chapter have been

    satisfied, except as otherwise provided in Section 
    18c-4306 of this Chapter.
The Commission shall set the 
    hearing at a time not less than
 15 days after publication 
    in the official newspaper. The Commission shall
serve 
    notice of hearing on each party of record.


        (c) Issuance of orders after hearing. The Commission 
    may issue summary
orders in cases where
the licensing 
    application was not opposed in a timely
pleading addressed 
    to
the Commission, or was opposed in a timely pleading but 
    such opposition was
later withdrawn or the parties in 
    opposition waived all right to
other than a summary order. 
    Summary orders shall be
issued within 10 days after the 
    close of oral hearing or such other period
as the 
    Commission may prescribe. Where a party requests, in a 
    properly
filed motion for reconsideration or rehearing, a 
    detailed statement of
findings and conclusions, the

    Commission shall vacate the summary order and issue a new 
    order in
accordance with Sub-chapters 1 and 2 of this 
    Chapter. Otherwise, orders
shall be issued in accordance 
    with provisions of Sub-chapters 1 and 2 of this
Chapter.

(Source: P.A. 89-444, eff. 1-25-96.)

 



    (625 ILCS 5/18c-4203)  (from Ch. 95 1/2, par. 18c-4203)



    Sec. 18c-4203. Household goods contract carrier permits. 

    (1) Prerequisite to operation as a household goods contract

carrier.
No person shall operate as a household goods contract 
carrier of
property unless such person possesses a household 
goods contract
carrier permit issued by the Commission and in 
good standing.

    (2) Requirements for issuance.


        (a) General requirements.
The Commission shall grant 
    an application for a household goods
contract carrier 
    permit, in whole or in part, to the
extent that it finds 
    that the application was properly
filed; supporting 
    shippers need the proposed service;
the applicant is fit, 
    willing and able to provide the
service in compliance with 
    this Chapter, Commission
regulations and orders; and 
    issuance of the permit will
be consistent with the public 
    interest.  Otherwise, the
application shall be denied.  The 
    burden of proving that the requirements
for issuance of a 
    household goods contract carrier permit have
been met shall 
    be
borne by the applicant.


        (b) Conversion to household goods common carrier 
    authority.
The Commission may, at the request of the 
    holder,
authorize the conversion of household goods 
    contract carrier authority
to household goods common 
    carrier authority, subject to the same terms,
conditions, 
    limitations, and regulations as other household goods 
    common
carriers.


        (c) Cancellation and non-renewal of contracts.

    Cancellation or non-renewal of a contract, or failure to

    keep on file with the Commission a copy of a valid

    contract, shall render a permit void with regard to the

    involved shipper.

    (3) Duties and practices of household goods contract 
carriers.


        (a) Services.
Household goods contract carriers shall 
    provide safe and adequate
transportation service to their 
    contracting shippers
within the scope of their authorities 
    and contracts and
in compliance with this Chapter, 
    Commission regulations and
orders.


        (b) Contracts.
Each household goods contract carrier 
    shall file with the
Commission a copy of each contract 
    executed under
authority of its permit, and shall provide 
    no service
except in accordance with contracts on file with 
    the
Commission.  The Commission may, at any time, reject

    contracts filed with it which do not comply with the

    provisions of this Chapter, Commission regulations and

    orders.

(Source: P.A. 89-444, eff. 1-25-96.)

 



    (625 ILCS 5/18c-4204)  (from Ch. 95 1/2, par. 18c-4204)



    Sec. 18c-4204. 
Standards to be considered in issuing common

and contract household goods carrier licenses.
The Commission 
shall exercise its discretion in regard to issuance of common

carrier of household goods or contract carrier
of household 
goods licenses in accordance with
standards enumerated in this 
Section.

    (1) Standards
relevant to both
common and contract 
household goods
carrier licenses. In determining whether to 
issue a common carrier
of household goods
certificate or a 
contract carrier of household goods permit
under
Sections 
18c-4202 and 18c-4203 of this Chapter, the
Commission shall 
consider, in addition to other standards
enumerated in this 
Chapter:


        (a) (Blank) The characteristics of the supporting 
    shipper or shippers
transportation needs, including the 
    total volume of
shipments, the amounts handled by existing 
    authorized
carriers and others, the amounts which would be 
    tendered
to the applicant, the nature and location of 
    points
where traffic would be picked up and delivered, and 
    any
special transportation needs of the supporting
shipper 
    or shippers or their receiver or receivers;


        (b) The existing authorized carriers' services, 
    including
the adequacy of such services and the effect 
    which
issuance of a new certificate or permit would have on

    such services;


        (c) (Blank) The proposed service, and whether it would 
    meet the
needs of the supporting shipper or shippers;


        (d) Any evidence bearing on the fitness, willingness, 
    or
ability of the applicant, including but not limited to

    any past history of violations of this Chapter, Commission

    regulations or orders, whether or not such violations
were 
    the subject of an enforcement proceeding; and


        (e) The effect which issuing the certificate or permit 
    would
have on the development, maintenance and 
    preservation of
the highways of this State for commercial 
    and other
public use.

    (2) Additional standards relevant to household goods 
contract
carrier
licenses.
In determining whether to issue a 
household goods contract
carrier
permit under Section 18c-4203 
of this Chapter, the
Commission shall consider, in addition to 
standards enumerated in
subsection (1) of this Section or 
elsewhere in this
Sub-chapter:


        (a) Whether the proposed service is contract carrier

    service; and


        (b) The effect which failure to issue the permit would 
    have
on the supporting shipper or shippers.

    (3) Standards not relevant to either household goods common 
or
household goods contract
carrier licenses.
In determining 
whether to issue a household goods common carrier
certificate 
or a household goods contract carrier permit
under
Sections 
18c-4202 and 18c-4203 of this Chapter, the
Commission shall not 
consider:


        (a) The mere preference of the supporting shipper or 
    shippers or
their receiver or receivers for the applicant's 
    service; or


        (b) Any illegal operations of the applicant as evidence 
    of
shipper need or the inadequacy of existing carriers'

    services.

(Source: P.A. 89-444, eff. 1-25-96.)

 

    Section 99. Effective date. This Act takes effect upon 
becoming law.


Effective Date:  8/26/2011