SB2522 EngrossedLRB100 18199 LNS 33400 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by changing
5Section 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
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
16licensed.
17    (b) No person shall rent a motor vehicle to another until
18he has inspected the drivers license of the person to whom the
19vehicle is to be rented, or by whom it is to be driven, and
20compared and verified the signature thereon with the signature
21of such person written in his presence unless, in the case of a
22nonresident, the State or country wherein the nonresident
23resides does not require that a driver be licensed.

 

 

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1    (c) No person shall rent a motorcycle to another unless the
2latter person is then duly licensed hereunder as a motorcycle
3operator, and in the case of a nonresident, then duly licensed
4under the laws of the State or country of his residence, unless
5the State or country of his residence does not require that a
6driver be licensed.
7    (c-1) A rental car company that rents a motor vehicle shall
8ensure that the renter is provided with an emergency telephone
9number to personnel capable of fielding roadside assistance and
10other customer service inquiries, including the ability to
11provide the caller with the telephone number of the location
12from which the vehicle was rented, if requested by the caller.
13If an owner's manual is not available in the vehicle at the
14time of the rental, an owner's manual for that vehicle or a
15similar model shall be accessible by the personnel answering
16the emergency telephone number for assistance with inquiries
17about the operation of the vehicle.
18    (d) (Blank).
19    (e) (Blank).
20    (f) Subject to subsection (l), any person who rents a motor
21vehicle to another shall only advertise, quote, and charge a
22rental rate that includes the entire amount except taxes, a
23mileage charge, and airport concession charge, if any, which a
24renter must pay to hire or lease the vehicle for the period of
25time to which the rental rate applies. The person must provide,
26on the request of the renter, based on the available

 

 

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1information, an estimated total of the daily rental rate,
2including all applicable taxes, fees, and other charges, or an
3estimated total rental charge, based on the return date of the
4vehicle noted on the rental agreement. Further, if the rental
5agreement does not already provide an estimated total rental
6charge, the following statement must be included in the rental
7agreement:
8    "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
9    AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL
10    RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN
11    ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN
12    DATE NOTED ON THIS AGREEMENT."
13    Such person shall not charge in addition to the rental
14rate, taxes, mileage charge, and airport concession charge, if
15any, any fee which must be paid by the renter as a condition of
16hiring or leasing the vehicle, such as, but not limited to,
17required fuel or airport surcharges, nor any fee for
18transporting the renter to the location where the rented
19vehicle will be delivered to the renter. In addition to the
20rental rate, taxes, mileage charge, and airport concession
21charge, if any, such person may charge for an item or service
22provided in connection with a particular rental transaction if
23the renter can avoid incurring the charge by choosing not to
24obtain or utilize the optional item or service. Items and
25services for which such person may impose an additional charge
26include, but are not limited to, optional insurance and

 

 

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1accessories requested by the renter, service charges incident
2to the renter's optional return of the vehicle to a location
3other than the location where the vehicle was hired or leased,
4and charges for refueling the vehicle at the conclusion of the
5rental transaction in the event the renter did not return the
6vehicle with as much fuel as was in the fuel tank at the
7beginning of the rental. "Airport concession charge" means a
8charge or fee imposed and collected from a renter to reimburse
9the motor vehicle rental company for the concession fee it is
10required to pay to a local government corporate authority or
11airport authority to rent motor vehicles at the airport
12facility. The airport concession charge is in addition to any
13customer facility charge or any other charge.
14    (f-5) A rental car company that offers a renter the
15opportunity to use a transponder or other electronic tolling
16device shall notify the renter of the opportunity to use the
17device at or before the beginning of the rental agreement.
18    If a vehicle offered by a rental car company is equipped
19with a transponder or other electronic tolling device and the
20company fails to notify the renter of the option to use the
21device, the rental car company shall not:
22        (1) charge a renter a fee of more than $2 each day for
23    the use of a transponder or other electronic tolling
24    device; however, the company may recoup the actual cost
25    incurred for any toll; and
26        (2) charge a renter a daily fee on any day the renter

 

 

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1    does not drive through an electronic toll or only drives
2    through an electronic toll collection system for which no
3    alternative payment option exists.
4    (g) Every person renting a motor vehicle to another shall
5keep a record of the registration number of the motor vehicle
6so rented, the name and address of the person to whom the
7vehicle is rented, the number of the license, if any, of said
8latter person, and the date and place when and where the
9license, if any, was issued. Such record shall be open to
10inspection by any police officer or designated agent of the
11Secretary of State.
12    (h) A person licensed as a new car dealer under Section
135-101 of this Code shall not be subject to the provisions of
14this Section regarding the rental of private passenger motor
15vehicles when providing, free of charge, temporary substitute
16vehicles for customers to operate during a period when a
17customer's vehicle, which is either leased or owned by that
18customer, is being repaired, serviced, replaced or otherwise
19made unavailable to the customer in accordance with an
20agreement with the licensed new car dealer or vehicle
21manufacturer, so long as the customer orally or in writing is
22made aware that the temporary substitute vehicle will be
23covered by his or her insurance policy and the customer shall
24only be liable to the extent of any amount deductible from such
25insurance coverage in accordance with the terms of the policy.
26    (i) This Section, except the requirements of subsection

 

 

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1(g), also applies to rental agreements of 30 continuous days or
2less involving a motor vehicle that was delivered by an out of
3State person or business to a renter in this State.
4    (j) A public airport may, if approved by its local
5government corporate authorities or its airport authority,
6impose a customer facility charge upon customers of rental car
7companies for the purposes of financing, designing,
8constructing, operating, and maintaining consolidated car
9rental facilities and common use transportation equipment and
10facilities, which are used to transport the customer,
11connecting consolidated car rental facilities with other
12airport facilities.
13    Notwithstanding subsection (f) of this Section, the
14customer facility charge shall be collected by the rental car
15company as a separate charge, and clearly indicated as a
16separate charge on the rental agreement and invoice. Facility
17charges shall be immediately deposited into a trust account for
18the benefit of the airport and remitted at the direction of the
19airport, but not more often than once per month. The charge
20shall be uniformly calculated on a per-contract or per-day
21basis. Facility charges imposed by the airport may not exceed
22the reasonable costs of financing, designing, constructing,
23operating, and maintaining the consolidated car rental
24facilities and common use transportation equipment and
25facilities and may not be used for any other purpose.
26    Notwithstanding any other provision of law, the charges

 

 

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1collected under this Section are not subject to retailer
2occupation, sales, use, or transaction taxes.
3    (k) When a rental car company states a rental rate in any
4of its rate advertisements, its proprietary computer
5reservation systems, or its in-person quotations intended to
6apply to an airport rental, a company that collects from its
7customers a customer facility charge for that rental under
8subsection (j) shall do all of the following:
9        (1) Clearly and conspicuously disclose in any radio,
10    television, or other electronic media advertisements the
11    existence and amount of the charge if the advertisement is
12    intended for rentals at an airport imposing the charge or,
13    if the advertisement covers an area with multiple airports
14    with different charges, a range of amounts of customer
15    facility charges if the advertisement is intended for
16    rentals at an airport imposing the charge.
17        (2) Clearly and conspicuously disclose in any print
18    rate advertising the existence and amount of the charge if
19    the advertisement is intended for rentals at an airport
20    imposing the charge or, if the print rate advertisement
21    covers an area with multiple airports with different
22    charges, a range of amounts of customer facility charges if
23    the advertisement is intended for rentals at an airport
24    imposing the charge.
25        (3) Clearly and conspicuously disclose the existence
26    and amount of the charge in any telephonic, in-person, or

 

 

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1    computer-transmitted quotation from the rental car
2    company's proprietary computer reservation system at the
3    time of making an initial quotation of a rental rate if the
4    quotation is made by a rental car company location at an
5    airport imposing the charge and at the time of making a
6    reservation of a rental car if the reservation is made by a
7    rental car company location at an airport imposing the
8    charge.
9        (4) Clearly and conspicuously display the charge in any
10    proprietary computer-assisted reservation or transaction
11    directly between the rental car company and the customer,
12    shown or referenced on the same page on the computer screen
13    viewed by the customer as the displayed rental rate and in
14    a print size not smaller than the print size of the rental
15    rate.
16        (5) Clearly and conspicuously disclose and separately
17    identify the existence and amount of the charge on its
18    rental agreement.
19        (6) A rental car company that collects from its
20    customers a customer facility charge under subsection (j)
21    and engages in a practice which does not comply with
22    subsections (f), (j), and (k) commits an unlawful practice
23    within the meaning of the Consumer Fraud and Deceptive
24    Business Practices Act.
25    (l) Notwithstanding subsection (f), any person who rents a
26motor vehicle to another may, in connection with the rental of

 

 

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1a motor vehicle to (i) a business renter or (ii) a business
2program sponsor under the sponsor's business program, do the
3following:
4        (1) separately quote, by telephone, in person, or by
5    computer transmission, additional charges for the rental;
6    and
7        (2) separately impose additional charges for the
8    rental.
9    (l-5) A person licensed under Section 5-101, 5-101.2, or
105-102 of this Code shall not participate in a rental-purchase
11agreement vehicle program unless the licensee retains the
12vehicle in his or her name and retains proof of proper vehicle
13registration under Chapter 3 of this Code and liability
14insurance under Section 7-601 of this Code. The licensee shall
15transfer ownership of the vehicle to the renter within 20
16calendar days of the agreed-upon date of completion of the
17rental-purchase agreement. If the licensee fails to transfer
18ownership of the vehicle to the renter within the 20 calendar
19days, then the renter may apply for the vehicle's title to the
20Secretary of State by providing the Secretary the
21rental-purchase agreement, an application for title, the
22required title fee, and any other documentation the Secretary
23deems necessary to determine ownership of the vehicle. For
24purposes of this subsection (l-5), "rental-purchase agreement"
25has the meaning set forth in Section 1 of the Rental-Purchase
26Agreement Act.

 

 

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1    (m) As used in this Section:
2        (1) "Additional charges" means charges other than: (i)
3    a per period base rental rate; (ii) a mileage charge; (iii)
4    taxes; or (iv) a customer facility charge.
5        (2) "Business program" means:
6            (A) a contract between a person who rents motor
7        vehicles and a business program sponsor that
8        establishes rental rates at which the person will rent
9        motor vehicles to persons authorized by the sponsor; or
10            (B) a plan, program, or other arrangement
11        established by a person who rents motor vehicles at the
12        request of, or with the consent of, a business program
13        sponsor under which the person offers to rent motor
14        vehicles to persons authorized by the sponsor on terms
15        that are not the same as those generally offered by the
16        rental company to the public.
17        (3) "Business program sponsor" means any legal entity
18    other than a natural person, including a corporation,
19    limited liability company, partnership, government,
20    municipality or agency, or a natural person operating a
21    business as a sole proprietor.
22        (4) "Business renter" means any person renting a motor
23    vehicle for business purposes or, for any business program
24    sponsor, a person who is authorized by the sponsor to enter
25    into a rental contract under the sponsor's business
26    program. "Business renter" does not include a person

 

 

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1    renting as:
2            (A) a non-employee member of a not-for-profit
3        organization;
4            (B) the purchaser of a voucher or other prepaid
5        rental arrangement from a person, including a tour
6        operator, engaged in the business of reselling those
7        vouchers or prepaid rental arrangements to the general
8        public;
9            (C) an individual whose car rental is eligible for
10        reimbursement in whole or in part as a result of the
11        person being insured or provided coverage under a
12        policy of insurance issued by an insurance company; or
13            (D) an individual whose car rental is eligible for
14        reimbursement in whole or in part as a result of the
15        person purchasing motor vehicle repair services from a
16        person licensed to perform those services.
17(Source: P.A. 100-450, eff. 1-1-18.)