Sen. Antonio Muņoz
Filed: 4/4/2017
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1730




2    AMENDMENT NO. ______. Amend Senate Bill 1730, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:

 
5    "Section 5. The Renter's Financial Responsibility and 
6Protection Act is amended  by changing Section 15 as follows:
 


7    (625 ILCS 27/15)




8    Sec. 15. Prohibited practices. 

9    (a) A rental company may not sell a damage waiver unless 
10the renter agrees
to the damage waiver in writing at or prior 
11to the time the rental agreement
is executed.

12    (b) A rental company may not void a damage waiver except 
13for one or more of
the following reasons:

14        (1) Damage or loss while the rental vehicle is used to 
15    carry persons or
property for a charge or fee.

16        (2) Damage or loss during an organized or agreed upon 
 
 
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1    racing or speed
contest or demonstration or pushing or 
2    pulling activity in which the rental
vehicle is actively 
3    involved.

4        (3) Damage or loss that could reasonably be expected 
5    from an intentional
or criminal act of the driver other 
6    than a traffic infraction.

7        (4) Damage or loss to any rental vehicle resulting from 
8    any auto business
operation, including but not limited to 
9    repairing, servicing, testing, washing,
parking, storing, 
10    or selling of automobiles.

11        (5) Damage or loss occurring to a rental vehicle if the 
12    rental contract is
based on fraudulent or material 
13    misrepresentation by the renter.

14        (6) Damage or loss arising out of the use of the rental 
15    vehicle outside
the continental United States when such use 
16    is specifically prohibited in the
rental
agreement.

17        (7) Damage or loss occurring while the rental vehicle 
18    is operated by a
driver not permitted under the rental 
19    agreement.
20        (8) Damage or loss occurring while the rental vehicle 
21    is operated by a driver under the influence of alcohol, 
22    other drug or drugs, intoxicating compound or compounds, or 
23    any combination thereof and convicted of violating 
24    subsection (a) of Section 11-501 of the Illinois Vehicle 
25    Code.
26        (9) Damage or loss  to the rental vehicle if the rental 
 
 
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1    vehicle is stolen and the renter fails to: (i) return the 
2    rental vehicle's ignition key and key tag identifying the 
3    rental vehicle to the rental vehicle company; (ii) file a 
4    police report within the 24-hour period after discovery of 
5    the rental vehicle theft; and (iii) fully cooperate with 
6    the rental company, law enforcement agency, or any other 
7    authority in all matters connected to the investigation of 
8    the stolen rental vehicle.


9    (c) A rental company shall not charge more than $12.50 per 
10full or partial 24
hour rental day for a collision damage

11waiver prior to January 1, 2014. Beginning January 1, 2014, a 
12rental company shall not charge more than $13.50 per full or 
13partial 24 hour rental day for a collision damage waiver. 

14    (d) A rental company may offer a collision damage waiver on 
15any rental vehicle having a value in excess of a Manufacturer's 
16Suggested Retail Price (MSRP) of $50,000; however, the 
17provisions of subsection (c) of this Section shall not apply to 
18collision damage waivers under this subsection (d). 
19(Source: P.A. 98-428, eff. 8-16-13; 99-201, eff. 10-1-15.)".