State of Illinois
91st General Assembly

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 1        AN ACT to amend the Illinois  Vehicle  Code  by  changing
 2    Section 6-305.

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

 5        Section 5.  The  Illinois  Vehicle  Code  is  amended  by
 6    changing Section 6-305 as follows:

 7        (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
 8        Sec. 6-305.  Renting motor vehicle to another.
 9        (a)  No  person  shall  rent a motor vehicle to any other
10    person unless the latter person, or a driver designated by  a
11    nondriver  with  disabilities and meeting any minimum age and
12    driver's record requirements that are  uniformly  applied  by
13    the  person  renting  a  motor vehicle, is then duly licensed
14    hereunder or,  in  the  case  of  a  nonresident,  then  duly
15    licensed  under  the  laws  of  the  State  or country of his
16    residence unless the State or country of his  residence  does
17    not require that a driver be licensed.
18        (b)  No  person  shall  rent  a  motor vehicle to another
19    until he has inspected the drivers license of the  person  to
20    whom  the  vehicle  is  to  be rented, or by whom it is to be
21    driven, and compared and verified the signature thereon  with
22    the  signature of such person written in his presence unless,
23    in the case of a nonresident, the State  or  country  wherein
24    the  nonresident  resides  does  not require that a driver be
25    licensed.
26        (c)  No person shall rent a motorcycle to another  unless
27    the  latter  person  is  then  duly  licensed  hereunder as a
28    motorcycle operator, and in the case of a  nonresident,  then
29    duly  licensed  under the laws of the State or country of his
30    residence, unless the State or country of his residence  does
31    not require that a driver be licensed.
                            -2-                LRB9111653DHgc
 1        (d)  (Blank).
 2        (e)  (Blank).
 3        (f)  Any  person  who  rents  a  motor vehicle to another
 4    shall only advertise, quote, and charge a  rental  rate  that
 5    includes the entire amount except taxes and a mileage charge,
 6    if  any, which a renter must pay to hire or lease the vehicle
 7    for the period of time to  which  the  rental  rate  applies.
 8    Such  person shall not charge in addition to the rental rate,
 9    taxes, and mileage charge, if any, any fee which must be paid
10    by the renter  as  a  condition  of  hiring  or  leasing  the
11    vehicle,   such   as,  but  not  limited  to,  required  fuel
12    surcharges,  or  airport  surcharges,  unless  the  corporate
13    authorities of the airport approve the surcharges in addition
14    to the rental rate, or  nor  any  fee  for  transporting  the
15    renter  to  the  location  where  the  rented vehicle will be
16    delivered to the renter.  In addition  to  the  rental  rate,
17    taxes, and mileage charge, if any, such person may charge for
18    an  item  or service provided in connection with a particular
19    rental transaction if the  renter  can  avoid  incurring  the
20    charge by choosing not to obtain or utilize the optional item
21    or  service.   Items  and  services for which such person may
22    impose an additional charge include, but are not limited  to,
23    optional  insurance  and accessories requested by the renter,
24    service charges incident to the renter's optional  return  of
25    the  vehicle  to a location other than the location where the
26    vehicle was hired or leased, and charges  for  refueling  the
27    vehicle  at  the  conclusion of the rental transaction in the
28    event the renter did not return the vehicle with as much fuel
29    as was in the fuel tank at the beginning of the rental.
30        (g)  Every person renting  a  motor  vehicle  to  another
31    shall  keep  a record of the registration number of the motor
32    vehicle so rented, the name and address of the person to whom
33    the vehicle is rented, the number of the license, if any,  of
34    said latter person, and the date and place when and where the
                            -3-                LRB9111653DHgc
 1    license,  if  any,  was  issued. Such record shall be open to
 2    inspection by any police officer or designated agent  of  the
 3    Secretary of State.
 4        (h)  A  person licensed as a new car dealer under Section
 5    5-101 of this Code shall not be subject to the provisions  of
 6    this  Section regarding the rental of private passenger motor
 7    vehicles when providing, free of charge, temporary substitute
 8    vehicles for customers to operate  during  a  period  when  a
 9    customer's  vehicle,  which is either leased or owned by that
10    customer, is being repaired, serviced, replaced or  otherwise
11    made  unavailable  to  the  customer  in  accordance  with an
12    agreement  with  the  licensed  new  car  dealer  or  vehicle
13    manufacturer,  so long as the customer orally or  in  writing
14    is  made  aware that the temporary substitute vehicle will be
15    covered by his or her insurance policy and the customer shall
16    only be liable to the extent of any  amount  deductible  from
17    such  insurance  coverage in accordance with the terms of the
18    policy.
19        (i)  This Section, except the requirements of  subsection
20    (g),  also applies to rental agreements of 30 continuous days
21    or less involving a motor vehicle that was  delivered  by  an
22    out of State person or business to a renter in this State.
23    (Source: P.A. 89-248, eff. 8-4-95; 90-113, eff. 7-14-97.)

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