093_HB0044eng

 
HB0044 Engrossed                     LRB093 02081 DRH 02085 b

 1        AN ACT in relation to vehicles.

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

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

 6        (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
 7        Sec. 6-305.  Renting motor vehicle to another.
 8        (a)  No person shall rent a motor vehicle  to  any  other
 9    person  unless the latter person, or a driver designated by a
10    nondriver with disabilities and meeting any minimum  age  and
11    driver's  record  requirements  that are uniformly applied by
12    the person renting a motor vehicle,  is  then  duly  licensed
13    hereunder  or,  in  the  case  of  a  nonresident,  then duly
14    licensed under the laws  of  the  State  or  country  of  his
15    residence  unless  the State or country of his residence does
16    not require that a driver be licensed.
17        (b)  No person shall rent  a  motor  vehicle  to  another
18    until  he  has inspected the drivers license of the person to
19    whom the vehicle is to be rented, or by  whom  it  is  to  be
20    driven,  and compared and verified the signature thereon with
21    the signature of such person written in his presence  unless,
22    in  the  case  of a nonresident, the State or country wherein
23    the nonresident resides does not require  that  a  driver  be
24    licensed.
25        (c)  No  person shall rent a motorcycle to another unless
26    the latter person  is  then  duly  licensed  hereunder  as  a
27    motorcycle  operator,  and in the case of a nonresident, then
28    duly licensed under the laws of the State or country  of  his
29    residence,  unless the State or country of his residence does
30    not require that a driver be licensed.
31        (d)  (Blank).
 
HB0044 Engrossed            -2-      LRB093 02081 DRH 02085 b
 1        (e)  (Blank).
 2        (f)  Any person who rents  a  motor  vehicle  to  another
 3    shall  only  advertise,  quote, and charge a rental rate that
 4    includes the entire amount,  including  except  taxes  and  a
 5    mileage  charge,  if  any, which a renter must pay to hire or
 6    lease the vehicle for the period of time to which the  rental
 7    rate  applies.   Such  person shall not charge in addition to
 8    the rental rate, taxes, and mileage charge, if any,  any  fee
 9    which  must be paid by the renter as a condition of hiring or
10    leasing the vehicle, such as, but not  limited  to,  required
11    fuel  or airport surcharges, nor any fee for transporting the
12    renter to the location  where  the  rented  vehicle  will  be
13    delivered  to  the  renter.   In addition to the rental rate,
14    taxes, and mileage charge, if any, such person may charge for
15    an item or service provided in connection with  a  particular
16    rental  transaction  if  the  renter  can avoid incurring the
17    charge by choosing not to obtain or utilize the optional item
18    or service.  Items and services for  which  such  person  may
19    impose  an additional charge include, but are not limited to,
20    optional insurance and accessories requested by  the  renter,
21    service  charges  incident to the renter's optional return of
22    the vehicle to a location other than the location  where  the
23    vehicle  was  hired  or leased, and charges for refueling the
24    vehicle at the conclusion of the rental  transaction  in  the
25    event the renter did not return the vehicle with as much fuel
26    as was in the fuel tank at the beginning of the rental.
27        (g)  Every  person  renting  a  motor  vehicle to another
28    shall keep a record of the registration number of  the  motor
29    vehicle so rented, the name and address of the person to whom
30    the  vehicle is rented, the number of the license, if any, of
31    said latter person, and the date and place when and where the
32    license, if any, was issued. Such record  shall  be  open  to
33    inspection  by  any police officer or designated agent of the
34    Secretary of State.
 
HB0044 Engrossed            -3-      LRB093 02081 DRH 02085 b
 1        (h)  A person licensed as a new car dealer under  Section
 2    5-101  of this Code shall not be subject to the provisions of
 3    this Section regarding the rental of private passenger  motor
 4    vehicles when providing, free of charge, temporary substitute
 5    vehicles  for  customers  to  operate  during a period when a
 6    customer's vehicle, which is either leased or owned  by  that
 7    customer,  is being repaired, serviced, replaced or otherwise
 8    made unavailable  to  the  customer  in  accordance  with  an
 9    agreement  with  the  licensed  new  car  dealer  or  vehicle
10    manufacturer,   so  long as the customer orally or in writing
11    is made aware that the temporary substitute vehicle  will  be
12    covered by his or her insurance policy and the customer shall
13    only  be  liable  to the extent of any amount deductible from
14    such insurance coverage in accordance with the terms  of  the
15    policy.
16        (i)  This  Section, except the requirements of subsection
17    (g), also applies to rental agreements of 30 continuous  days
18    or  less  involving  a motor vehicle that was delivered by an
19    out of State person or business to a renter in this State.
20        (j)  A public airport  may,  if  approved  by  its  local
21    government  corporate  authorities  or its airport authority,
22    impose a customer facility charge upon  customers  of  rental
23    car  companies  for  the  purposes  of  financing, designing,
24    constructing, operating,  and  maintaining  consolidated  car
25    rental facilities and common use transportation equipment and
26    facilities,   which  are  used  to  transport  the  customer,
27    connecting consolidated  car  rental  facilities  with  other
28    airport facilities.
29        Notwithstanding  subsection  (f)  of  this  Section,  the
30    customer facility charge shall be collected by the rental car
31    company  as  a  separate  charge,  and clearly indicated as a
32    separate charge on the rental agreement and invoice. Facility
33    charges shall be immediately deposited into a  trust  account
34    for  the benefit of the airport and remitted at the direction
 
HB0044 Engrossed            -4-      LRB093 02081 DRH 02085 b
 1    of the airport, but not more often than once per  month.  The
 2    charge  shall  be  uniformly  calculated on a per-contract or
 3    per-day basis. Facility charges imposed by  the  airport  may
 4    not  exceed  the  reasonable  costs  of financing, designing,
 5    constructing, operating, and maintaining the consolidated car
 6    rental facilities and common use transportation equipment and
 7    facilities and may not be used for any other purpose.
 8        Notwithstanding any other provision of law,  the  charges
 9    collected  under  this  Section  are  not subject to retailer
10    occupation, sales, use, or transaction taxes.
11        (k)  When a rental car company states a  rental  rate  in
12    any  of  its  rate  advertisements,  its proprietary computer
13    reservation systems, or its in-person quotations intended  to
14    apply  to an airport rental, a company that collects from its
15    customers a customer facility charge for  that  rental  under
16    subsection (j) shall do all of the following:
17             (1)  Clearly   and  conspicuously  disclose  in  any
18        radio,   television,   or    other    electronic    media
19        advertisements  the existence and amount of the charge if
20        the advertisement is intended for rentals at  an  airport
21        imposing  the  charge  or, if the advertisement covers an
22        area with multiple airports  with  different  charges,  a
23        range  of  amounts  of  customer  facility charges if the
24        advertisement is  intended  for  rentals  at  an  airport
25        imposing the charge.
26             (2)  Clearly and conspicuously disclose in any print
27        rate  advertising  the existence and amount of the charge
28        if the  advertisement  is  intended  for  rentals  at  an
29        airport  imposing  the  charge  or,  if  the  print  rate
30        advertisement  covers an area with multiple airports with
31        different  charges,  a  range  of  amounts  of   customer
32        facility  charges  if  the  advertisement is intended for
33        rentals at an airport imposing the charge.
34             (3)  Clearly   and   conspicuously   disclose    the
 
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 1        existence  and  amount  of  the charge in any telephonic,
 2        in-person, or  computer-transmitted  quotation  from  the
 3        rental  car  company's  proprietary  computer reservation
 4        system at the time of making an initial  quotation  of  a
 5        rental  rate  if  the   quotation is made by a rental car
 6        company location at an airport imposing the charge and at
 7        the time of making a reservation of a rental car  if  the
 8        reservation  is  made by a rental car company location at
 9        an airport imposing the charge.
10             (4)  Clearly and conspicuously display the charge in
11        any   proprietary   computer-assisted   reservation    or
12        transaction  directly  between the rental car company and
13        the customer, shown or referenced on the same page on the
14        computer screen viewed by the customer as  the  displayed
15        rental  rate  and  in  a  print size not smaller than the
16        print size of the rental rate.
17             (5)  Clearly   and   conspicuously   disclose    and
18        separately  identify  the  existence  and  amount  of the
19        charge on its rental agreement.
20             (6)  A rental car company  that  collects  from  its
21        customers a customer facility charge under subsection (j)
22        and  engages  in  a  practice  which does not comply with
23        subsections  (f),  (j),  and  (k)  commits  an   unlawful
24        practice  within  the  meaning  of the Consumer Fraud and
25        Deceptive Business Practices Act.
26    (Source: P.A. 92-426, eff. 1-1-02.)