100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3278

 

Introduced , by Rep. Arthur Turner

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 27/15

    Amends the Renter's Financial Responsibility and Protection Act. Makes a technical change in a provision concerning prohibited practices.


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A BILL FOR

 

HB3278LRB100 08971 AXK 19117 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 Renter's Financial Responsibility and
5Protection Act is amended by changing Section 15 as follows:
 
6    (625 ILCS 27/15)
7    Sec. 15. Prohibited practices.
8    (a) A rental company may not sell a damage waiver unless
9the the renter agrees to the damage waiver in writing at or
10prior to the time the rental agreement is executed.
11    (b) A rental company may not void a damage waiver except
12for one or more of the following reasons:
13        (1) Damage or loss while the rental vehicle is used to
14    carry persons or property for a charge or fee.
15        (2) Damage or loss during an organized or agreed upon
16    racing or speed contest or demonstration or pushing or
17    pulling activity in which the rental vehicle is actively
18    involved.
19        (3) Damage or loss that could reasonably be expected
20    from an intentional or criminal act of the driver other
21    than a traffic infraction.
22        (4) Damage or loss to any rental vehicle resulting from
23    any auto business operation, including but not limited to

 

 

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1    repairing, servicing, testing, washing, parking, storing,
2    or selling of automobiles.
3        (5) Damage or loss occurring to a rental vehicle if the
4    rental contract is based on fraudulent or material
5    misrepresentation by the renter.
6        (6) Damage or loss arising out of the use of the rental
7    vehicle outside the continental United States when such use
8    is specifically prohibited in the rental agreement.
9        (7) Damage or loss occurring while the rental vehicle
10    is operated by a driver not permitted under the rental
11    agreement.
12        (8) Damage or loss occurring while the rental vehicle
13    is operated by a driver under the influence of alcohol,
14    other drug or drugs, intoxicating compound or compounds, or
15    any combination thereof and convicted of violating
16    subsection (a) of Section 11-501 of the Illinois Vehicle
17    Code.
18    (c) A rental company shall not charge more than $12.50 per
19full or partial 24 hour rental day for a collision damage
20waiver prior to January 1, 2014. Beginning January 1, 2014, a
21rental company shall not charge more than $13.50 per full or
22partial 24 hour rental day for a collision damage waiver.
23    (d) A rental company may offer a collision damage waiver on
24any rental vehicle having a value in excess of a Manufacturer's
25Suggested Retail Price (MSRP) of $50,000; however, the
26provisions of subsection (c) of this Section shall not apply to

 

 

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1collision damage waivers under this subsection (d).
2(Source: P.A. 98-428, eff. 8-16-13; 99-201, eff. 10-1-15.)