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92nd General Assembly

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Public Act 92-0426

HB2602 Enrolled                                LRB9202285DHpc

    AN ACT with regard 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.
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. 89-248, eff. 8-4-95; 90-113, eff. 7-14-97.)

    Section 10.  The Consumer Fraud  and  Deceptive  Business
Practices Act is amended by changing Section 2Z as follows:

    (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
    Sec.  2Z.   Violations  of  other  Acts.   Any person who
knowingly violates the Automotive Repair Act, the Home Repair
and Remodeling  Act,  the  Dance  Studio  Act,  the  Physical
Fitness   Services   Act,  the  Hearing  Instrument  Consumer
Protection  Act,  the  Illinois  Union  Label  Act,  the  Job
Referral and Job Listing Services  Consumer  Protection  Act,
the  Travel  Promotion  Consumer  Protection  Act, the Credit
Services Organizations Act, the Automatic  Telephone  Dialers
Act,  the  Pay-Per-Call Services Consumer Protection Act, the
Telephone Solicitations Act, the Illinois Funeral  or  Burial
Funds  Act,  the Cemetery Care Act, the Safe and Hygienic Bed
Act, the Pre-Need Cemetery Sales Act, subsection (a)  or  (b)
of  Section  3-10 of the Cigarette Tax Act, subsection (a) or
(b) of Section 3-10 of the Cigarette  Use  Tax  Act,  or  the
Electronic  Mail  Act,  or paragraph (6) of subsection (k) of
Section  6-305  of  the  Illinois  Vehicle  Code  commits  an
unlawful practice within the meaning of this Act.
(Source: P.A. 90-426,  eff.  1-1-98;  91-164,  eff.  7-16-99;
91-230,  eff.  1-1-00;  91-233,  eff.  1-1-00;  91-810,  eff.
6-13-00.)
    Passed in the General Assembly May 23, 2001.
    Approved August 17, 2001.

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