| ||||
Public Act 101-0611 | ||||
| ||||
| ||||
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 3-421 and 6-305 as follows:
| ||||
(625 ILCS 5/3-421) (from Ch. 95 1/2, par. 3-421)
| ||||
Sec. 3-421. Right of reassignment. | ||||
(a) Every natural person
shall have the right of | ||||
reassignment of the license number issued
to him during the | ||||
current registration plate term, for the
ensuing registration | ||||
plate term, provided his application
for reassignment is | ||||
received in the Office of the Secretary of
State on or before | ||||
September 30 of the final year of the
registration plate term | ||||
as to a vehicle registered on a calendar
year, and on or before | ||||
March 31 as to a vehicle registered on
a fiscal year. The right | ||||
of reassignment shall apply to every natural person
under the | ||||
staggered registration system provided the application for | ||||
reassignment
is received in the Office of the Secretary of | ||||
State by the 1st day of the
month immediately preceding the | ||||
applicant's month of expiration.
| ||||
In addition, every natural person shall have the right of
| ||||
reassignment of the license number issued to him for a two-year
| ||||
registration, for the ensuing two-year period. Where the
|
two-year period is for two calendar years, the application
for | ||
reassignment must be received by the Secretary
of State on or | ||
before September 30th of the year preceding
commencement of the | ||
two-year period. Where the two-year
period is for two fiscal | ||
years commencing on July 1, the
application for reassignment | ||
must be received by the Secretary
of State on or before April | ||
30th immediately preceding
commencement of the two-year | ||
period.
| ||
(b) Notwithstanding the above provision, the Secretary of
| ||
State shall, subject to the existing right of reassignment,
| ||
have the authority to designate new specific combinations of
| ||
numerical, alpha-numerical, and numerical-alpha licenses for
| ||
vehicles registered on a calendar year or on a fiscal year,
| ||
whether the license be issued for one or more years. The new
| ||
combinations so specified shall not be subject to the right
of | ||
reassignment, and no right of reassignment thereto may at
any | ||
future time be acquired.
| ||
(c) If a person has a registration plate in his or her name | ||
and seeks to reassign the registration plate to his or her | ||
spouse, the Secretary shall waive any transfer fee or vanity or | ||
personalized registration plate fee upon both spouses signing a | ||
form authorizing the reassignment of registration. | ||
(c-1) If a person that has a registration plate in his or | ||
her name seeks to reassign the registration plate to his or her | ||
child, the Secretary shall waive any transfer fee or vanity or | ||
personalized registration plate fee. |
(Source: P.A. 80-230; 80-1185 .)
| ||
(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 , including through electronic or digital | ||
means, the driver's 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 license is unexpired
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, 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, 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, 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.
| ||
(f-5) A rental car company that offers a renter the | ||
opportunity to use a transponder or other electronic tolling | ||
device shall notify the renter of the opportunity to use the | ||
device at or before the beginning of the rental agreement. | ||
If a vehicle offered by a rental car company is equipped | ||
with a transponder or other electronic tolling device and the | ||
company fails to notify the renter of the option to use the | ||
device, the rental car company shall not: | ||
(1) charge a renter a fee of more than $2 each day for | ||
the use of a transponder or other electronic tolling | ||
device; however, the company may recoup the actual cost | ||
incurred for any toll; and | ||
(2) charge a renter a daily fee on any day the renter | ||
does not drive through an electronic toll or only drives | ||
through an electronic toll collection system for which no | ||
alternative payment option exists. | ||
(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 may be maintained in | ||
an electronic or digital format, and 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. | ||
(l-5) A person licensed under Section 5-101, 5-101.2, or | ||
5-102 of this Code shall not participate in a rental-purchase | ||
agreement vehicle program unless the licensee retains the | ||
vehicle in his or her name and retains proof of proper vehicle | ||
registration under Chapter 3 of this Code and liability | ||
insurance under Section 7-601 of this Code. The licensee shall | ||
transfer ownership of the vehicle to the renter within 20 | ||
calendar days of the agreed-upon date of completion of the | ||
rental-purchase agreement. If the licensee fails to transfer | ||
ownership of the vehicle to the renter within the 20 calendar | ||
days, then the renter may apply for the vehicle's title to the | ||
Secretary of State by providing the Secretary the | ||
rental-purchase agreement, an application for title, the | ||
required title fee, and any other documentation the Secretary | ||
deems necessary to determine ownership of the vehicle. For | ||
purposes of this subsection (l-5), "rental-purchase agreement" | ||
has the meaning set forth in Section 1 of the Rental-Purchase | ||
Agreement Act. | ||
(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. 100-450, eff. 1-1-18; 100-878, eff. 1-1-19 .)
|