Illinois General Assembly - Full Text of Public Act 093-0118
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Public Act 093-0118


 

Public Act 93-0118 of the 93rd General Assembly


Public Act 93-0118

HB0044 Enrolled                      LRB093 02081 DRH 02085 b

    AN ACT in relation to vehicles.

    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 Section 6-305 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.
    (d)  (Blank).
    (e)  (Blank).
    (f)  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,
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, 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, 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.
    (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.
(Source: P.A. 92-426, eff. 1-1-02.)

Effective Date: 01/01/04