Illinois General Assembly - Full Text of HB0044
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Full Text of HB0044  93rd General Assembly

HB0044sam001 93rd General Assembly


093_HB0044sam001

 










                                     LRB093 02081 DRH 15017 a

 1                     AMENDMENT TO HOUSE BILL 44

 2        AMENDMENT NO.     .  Amend House  Bill  44  by  replacing
 3    everything after the enacting clause with the following:

 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
 
                            -2-      LRB093 02081 DRH 15017 a
 1    the nonresident resides does not require  that  a  driver  be
 2    licensed.
 3        (c)  No  person shall rent a motorcycle to another unless
 4    the latter person  is  then  duly  licensed  hereunder  as  a
 5    motorcycle  operator,  and in the case of a nonresident, then
 6    duly licensed under the laws of the State or country  of  his
 7    residence,  unless the State or country of his residence does
 8    not require that a driver be licensed.
 9        (d)  (Blank).
10        (e)  (Blank).
11        (f)  Any person who rents  a  motor  vehicle  to  another
12    shall  only  advertise,  quote, and charge a rental rate that
13    includes the entire amount except taxes and a mileage charge,
14    if any, which a renter must pay to hire or lease the  vehicle
15    for  the period of time to which the rental rate applies. The
16    person must provide, on the request of the renter,  based  on
17    the  available  information,  an estimated total of the daily
18    rental rate, including all applicable taxes, fees, and  other
19    charges,  or  an  estimated total rental charge, based on the
20    return date of the vehicle noted  on  the  rental  agreement.
21    Further,  if the rental agreement does not already provide an
22    estimated total rental charge, the following  statement  must
23    be included in the rental agreement:
24        "NOTICE:  UNDER  ILLINOIS  LAW, YOU MAY REQUEST, BASED ON
25        AVAILABLE INFORMATION, AN ESTIMATED  TOTAL  DAILY  RENTAL
26        RATE,  INCLUDING  TAXES,  FEES,  AND OTHER CHARGES, OR AN
27        ESTIMATED TOTAL  RENTAL  CHARGE,  BASED  ON  THE  VEHICLE
28        RETURN DATE NOTED ON THIS AGREEMENT."
29        Such  person  shall  not charge in addition to the rental
30    rate, taxes, and mileage charge, if any, any fee  which  must
31    be paid by the renter as a condition of hiring or leasing the
32    vehicle,  such  as,  but  not  limited  to,  required fuel or
33    airport surcharges, nor any fee for transporting  the  renter
34    to the location where the rented vehicle will be delivered to
 
                            -3-      LRB093 02081 DRH 15017 a
 1    the  renter.   In  addition  to  the  rental rate, taxes, and
 2    mileage charge, if any, such person may charge for an item or
 3    service provided  in  connection  with  a  particular  rental
 4    transaction  if  the renter can avoid incurring the charge by
 5    choosing not to  obtain  or  utilize  the  optional  item  or
 6    service.  Items and services for which such person may impose
 7    an  additional  charge  include,  but  are  not  limited  to,
 8    optional  insurance  and accessories requested by the renter,
 9    service charges incident to the renter's optional  return  of
10    the  vehicle  to a location other than the location where the
11    vehicle was hired or leased, and charges  for  refueling  the
12    vehicle  at  the  conclusion of the rental transaction in the
13    event the renter did not return the vehicle with as much fuel
14    as was in the fuel tank at the beginning of the rental.
15        (g)  Every person renting  a  motor  vehicle  to  another
16    shall  keep  a record of the registration number of the motor
17    vehicle so rented, the name and address of the person to whom
18    the vehicle is rented, the number of the license, if any,  of
19    said latter person, and the date and place when and where the
20    license,  if  any,  was  issued. Such record shall be open to
21    inspection by any police officer or designated agent  of  the
22    Secretary of State.
23        (h)  A  person licensed as a new car dealer under Section
24    5-101 of this Code shall not be subject to the provisions  of
25    this  Section regarding the rental of private passenger motor
26    vehicles when providing, free of charge, temporary substitute
27    vehicles for customers to operate  during  a  period  when  a
28    customer's  vehicle,  which is either leased or owned by that
29    customer, is being repaired, serviced, replaced or  otherwise
30    made  unavailable  to  the  customer  in  accordance  with an
31    agreement  with  the  licensed  new  car  dealer  or  vehicle
32    manufacturer,  so long as the customer orally or  in  writing
33    is  made  aware that the temporary substitute vehicle will be
34    covered by his or her insurance policy and the customer shall
 
                            -4-      LRB093 02081 DRH 15017 a
 1    only be liable to the extent of any  amount  deductible  from
 2    such  insurance  coverage in accordance with the terms of the
 3    policy.
 4        (i)  This Section, except the requirements of  subsection
 5    (g),  also applies to rental agreements of 30 continuous days
 6    or less involving a motor vehicle that was  delivered  by  an
 7    out of State person or business to a renter in this State.
 8        (j)  A  public  airport  may,  if  approved  by its local
 9    government corporate authorities or  its  airport  authority,
10    impose  a  customer  facility charge upon customers of rental
11    car companies  for  the  purposes  of  financing,  designing,
12    constructing,  operating,  and  maintaining  consolidated car
13    rental facilities and common use transportation equipment and
14    facilities,  which  are  used  to  transport  the   customer,
15    connecting  consolidated  car  rental  facilities  with other
16    airport facilities.
17        Notwithstanding  subsection  (f)  of  this  Section,  the
18    customer facility charge shall be collected by the rental car
19    company as a separate charge,  and  clearly  indicated  as  a
20    separate charge on the rental agreement and invoice. Facility
21    charges  shall  be immediately deposited into a trust account
22    for the benefit of the airport and remitted at the  direction
23    of  the  airport, but not more often than once per month. The
24    charge shall be uniformly calculated  on  a  per-contract  or
25    per-day  basis.  Facility  charges imposed by the airport may
26    not exceed the  reasonable  costs  of  financing,  designing,
27    constructing, operating, and maintaining the consolidated car
28    rental facilities and common use transportation equipment and
29    facilities and may not be used for any other purpose.
30        Notwithstanding  any  other provision of law, the charges
31    collected under this Section  are  not  subject  to  retailer
32    occupation, sales, use, or transaction taxes.
33        (k)  When  a  rental  car company states a rental rate in
34    any of its  rate  advertisements,  its  proprietary  computer
 
                            -5-      LRB093 02081 DRH 15017 a
 1    reservation  systems, or its in-person quotations intended to
 2    apply to an airport rental, a company that collects from  its
 3    customers  a  customer  facility charge for that rental under
 4    subsection (j) shall do all of the following:
 5             (1)  Clearly  and  conspicuously  disclose  in   any
 6        radio,    television,    or    other   electronic   media
 7        advertisements the existence and amount of the charge  if
 8        the  advertisement  is intended for rentals at an airport
 9        imposing the charge or, if the  advertisement  covers  an
10        area  with  multiple  airports  with different charges, a
11        range of amounts of  customer  facility  charges  if  the
12        advertisement  is  intended  for  rentals  at  an airport
13        imposing the charge.
14             (2)  Clearly and conspicuously disclose in any print
15        rate advertising the existence and amount of  the  charge
16        if  the  advertisement  is  intended  for  rentals  at an
17        airport  imposing  the  charge  or,  if  the  print  rate
18        advertisement covers an area with multiple airports  with
19        different   charges,  a  range  of  amounts  of  customer
20        facility charges if the  advertisement  is  intended  for
21        rentals at an airport imposing the charge.
22             (3)  Clearly    and   conspicuously   disclose   the
23        existence and amount of the  charge  in  any  telephonic,
24        in-person,  or  computer-transmitted  quotation  from the
25        rental car  company's  proprietary  computer  reservation
26        system  at  the  time of making an initial quotation of a
27        rental rate if the  quotation is made  by  a  rental  car
28        company location at an airport imposing the charge and at
29        the  time  of making a reservation of a rental car if the
30        reservation is made by a rental car company  location  at
31        an airport imposing the charge.
32             (4)  Clearly and conspicuously display the charge in
33        any    proprietary   computer-assisted   reservation   or
34        transaction directly between the rental car  company  and
 
                            -6-      LRB093 02081 DRH 15017 a
 1        the customer, shown or referenced on the same page on the
 2        computer  screen  viewed by the customer as the displayed
 3        rental rate and in a print  size  not  smaller  than  the
 4        print size of the rental rate.
 5             (5)  Clearly    and   conspicuously   disclose   and
 6        separately identify  the  existence  and  amount  of  the
 7        charge on its rental agreement.
 8             (6)  A  rental  car  company  that collects from its
 9        customers a customer facility charge under subsection (j)
10        and engages in a practice  which  does  not  comply  with
11        subsections   (f),  (j),  and  (k)  commits  an  unlawful
12        practice within the meaning of  the  Consumer  Fraud  and
13        Deceptive Business Practices Act.
14    (Source: P.A. 92-426, eff. 1-1-02.)".