Full Text of SB2641 100th General Assembly
SB2641 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB2641 Introduced 2/8/2018, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
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Amends the Renter's Financial Responsibility and Protection Act. Provides that a rental car company may void a damage waiver if damage or loss occurs to the rental vehicle when the rental vehicle is stolen and the renter fails to: (i) return the rental vehicle's ignition key and key tag identifying the rental vehicle to the rental company; (ii) file a police report within the 24-hour period after discovery of the rental vehicle theft; and (iii) fully cooperate with the rental company, law enforcement agency, or any other authority in all matters connected to the investigation of the stolen rental vehicle.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Renter's Financial Responsibility and | 5 | | Protection Act is amended by changing Section 15 as follows:
| 6 | | (625 ILCS 27/15)
| 7 | | (Text of Section before amendment by P.A. 100-312 )
| 8 | | Sec. 15. Prohibited practices.
| 9 | | (a) A rental company may not sell a damage waiver unless | 10 | | the renter agrees
to the damage waiver in writing at or prior | 11 | | to the time the rental agreement
is executed.
| 12 | | (b) A rental company may not void a damage waiver except | 13 | | for 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 | 17 | | racing or speed
contest or demonstration or pushing or | 18 | | pulling activity in which the rental
vehicle is actively | 19 | | involved.
| 20 | | (3) Damage or loss that could reasonably be expected | 21 | | from an intentional
or criminal act of the driver other | 22 | | than a traffic infraction.
| 23 | | (4) Damage or loss to any rental vehicle resulting from |
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| 1 | | any auto business
operation, including but not limited to | 2 | | repairing, servicing, testing, washing,
parking, storing, | 3 | | or selling of automobiles.
| 4 | | (5) Damage or loss occurring to a rental vehicle if the | 5 | | rental contract is
based on fraudulent or material | 6 | | misrepresentation by the renter.
| 7 | | (6) Damage or loss arising out of the use of the rental | 8 | | vehicle outside
the continental United States when such use | 9 | | is specifically prohibited in the
rental
agreement.
| 10 | | (7) Damage or loss occurring while the rental vehicle | 11 | | is operated by a
driver not permitted under the rental | 12 | | agreement. | 13 | | (8) Damage or loss occurring while the rental vehicle | 14 | | is operated by a driver under the influence of alcohol, | 15 | | other drug or drugs, intoxicating compound or compounds, or | 16 | | any combination thereof and convicted of violating | 17 | | subsection (a) of Section 11-501 of the Illinois Vehicle | 18 | | Code.
| 19 | | (c) A rental company shall not charge more than $12.50 per | 20 | | full or partial 24
hour rental day for a collision damage
| 21 | | waiver prior to January 1, 2014. Beginning January 1, 2014, a | 22 | | rental company shall not charge more than $13.50 per full or | 23 | | partial 24 hour rental day for a collision damage waiver.
| 24 | | (d) A rental company may offer a collision damage waiver on | 25 | | any rental vehicle having a value in excess of a Manufacturer's | 26 | | Suggested Retail Price (MSRP) of $50,000; however, the |
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| 1 | | provisions of subsection (c) of this Section shall not apply to | 2 | | collision damage waivers under this subsection (d). | 3 | | (Source: P.A. 98-428, eff. 8-16-13; 99-201, eff. 10-1-15 .)
| 4 | | (Text of Section after amendment by P.A. 100-312 )
| 5 | | Sec. 15. Prohibited practices.
| 6 | | (a) A rental company may not sell a damage waiver unless | 7 | | the renter agrees
to the damage waiver in writing at or prior | 8 | | to the time the rental agreement
is executed.
| 9 | | (b) A rental company may not void a damage waiver except | 10 | | for one or more of
the following reasons:
| 11 | | (1) Damage or loss while the rental vehicle is used to | 12 | | carry persons or
property for a charge or fee.
| 13 | | (2) Damage or loss during an organized or agreed upon | 14 | | racing or speed
contest or demonstration or pushing or | 15 | | pulling activity in which the rental
vehicle is actively | 16 | | involved.
| 17 | | (3) Damage or loss that could reasonably be expected | 18 | | from an intentional
or criminal act of the driver other | 19 | | than a traffic infraction.
| 20 | | (4) Damage or loss to any rental vehicle resulting from | 21 | | any auto business
operation, including but not limited to | 22 | | repairing, servicing, testing, washing,
parking, storing, | 23 | | or selling of automobiles.
| 24 | | (5) Damage or loss occurring to a rental vehicle if the | 25 | | rental contract is
based on fraudulent or material |
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| 1 | | misrepresentation by the renter.
| 2 | | (6) Damage or loss arising out of the use of the rental | 3 | | vehicle outside
the continental United States when such use | 4 | | is specifically prohibited in the
rental
agreement.
| 5 | | (7) Damage or loss occurring while the rental vehicle | 6 | | is operated by a
driver not permitted under the rental | 7 | | agreement. | 8 | | (8) Damage or loss occurring while the rental vehicle | 9 | | is operated by a driver under the influence of alcohol, | 10 | | other drug or drugs, intoxicating compound or compounds, or | 11 | | any combination thereof and convicted of violating | 12 | | subsection (a) of Section 11-501 of the Illinois Vehicle | 13 | | Code.
| 14 | | (9) Damage or loss to the rental vehicle if the rental | 15 | | vehicle is stolen and the renter fails to: (i) return the | 16 | | rental vehicle's ignition key and key tag identifying the | 17 | | rental vehicle to the rental vehicle company; (ii) file a | 18 | | police report within the 24-hour period after discovery of | 19 | | the rental vehicle theft; and (iii) fully cooperate with | 20 | | the rental company, law enforcement agency, or any other | 21 | | authority in all matters connected to the investigation of | 22 | | the stolen rental vehicle.
| 23 | | (c) (Blank).
| 24 | | (d) (Blank). | 25 | | (Source: P.A. 99-201, eff. 10-1-15; 100-312, eff. 1-1-18.)
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| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act. |
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