093_HB0044enr

HB0044 Enrolled                      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).
 
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 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 except taxes and a mileage charge,
 5    if any, which a renter must pay to hire or lease the  vehicle
 6    for  the period of time to which the rental rate applies. The
 7    person must provide, on the request of the renter,  based  on
 8    the  available  information,  an estimated total of the daily
 9    rental rate, including all applicable taxes, fees, and  other
10    charges,  or  an  estimated total rental charge, based on the
11    return date of the vehicle noted  on  the  rental  agreement.
12    Further,  if the rental agreement does not already provide an
13    estimated total rental charge, the following  statement  must
14    be included in the rental agreement:
15        "NOTICE:  UNDER  ILLINOIS  LAW, YOU MAY REQUEST, BASED ON
16        AVAILABLE INFORMATION, AN ESTIMATED  TOTAL  DAILY  RENTAL
17        RATE,  INCLUDING  TAXES,  FEES,  AND OTHER CHARGES, OR AN
18        ESTIMATED TOTAL  RENTAL  CHARGE,  BASED  ON  THE  VEHICLE
19        RETURN DATE NOTED ON THIS AGREEMENT."
20        Such  person  shall  not charge in addition to the rental
21    rate, taxes, and mileage charge, if any, any fee  which  must
22    be paid by the renter as a condition of hiring or leasing the
23    vehicle,  such  as,  but  not  limited  to,  required fuel or
24    airport surcharges, nor any fee for transporting  the  renter
25    to the location where the rented vehicle will be delivered to
26    the  renter.   In  addition  to  the  rental rate, taxes, and
27    mileage charge, if any, such person may charge for an item or
28    service provided  in  connection  with  a  particular  rental
29    transaction  if  the renter can avoid incurring the charge by
30    choosing not to  obtain  or  utilize  the  optional  item  or
31    service.  Items and services for which such person may impose
32    an  additional  charge  include,  but  are  not  limited  to,
33    optional  insurance  and accessories requested by the renter,
34    service charges incident to the renter's optional  return  of
 
HB0044 Enrolled            -3-       LRB093 02081 DRH 02085 b
 1    the  vehicle  to a location other than the location where the
 2    vehicle was hired or leased, and charges  for  refueling  the
 3    vehicle  at  the  conclusion of the rental transaction in the
 4    event the renter did not return the vehicle with as much fuel
 5    as was in the fuel tank at the beginning of the rental.
 6        (g)  Every person renting  a  motor  vehicle  to  another
 7    shall  keep  a record of the registration number of the motor
 8    vehicle so rented, the name and address of the person to whom
 9    the vehicle is rented, the number of the license, if any,  of
10    said latter person, and the date and place when and where the
11    license,  if  any,  was  issued. Such record shall be open to
12    inspection by any police officer or designated agent  of  the
13    Secretary of State.
14        (h)  A  person licensed as a new car dealer under Section
15    5-101 of this Code shall not be subject to the provisions  of
16    this  Section regarding the rental of private passenger motor
17    vehicles when providing, free of charge, temporary substitute
18    vehicles for customers to operate  during  a  period  when  a
19    customer's  vehicle,  which is either leased or owned by that
20    customer, is being repaired, serviced, replaced or  otherwise
21    made  unavailable  to  the  customer  in  accordance  with an
22    agreement  with  the  licensed  new  car  dealer  or  vehicle
23    manufacturer,  so long as the customer orally or  in  writing
24    is  made  aware that the temporary substitute vehicle will be
25    covered by his or her insurance policy and the customer shall
26    only be liable to the extent of any  amount  deductible  from
27    such  insurance  coverage in accordance with the terms of the
28    policy.
29        (i)  This Section, except the requirements of  subsection
30    (g),  also applies to rental agreements of 30 continuous days
31    or less involving a motor vehicle that was  delivered  by  an
32    out of State person or business to a renter in this State.
33        (j)  A  public  airport  may,  if  approved  by its local
34    government corporate authorities or  its  airport  authority,
 
HB0044 Enrolled            -4-       LRB093 02081 DRH 02085 b
 1    impose  a  customer  facility charge upon customers of rental
 2    car companies  for  the  purposes  of  financing,  designing,
 3    constructing,  operating,  and  maintaining  consolidated car
 4    rental facilities and common use transportation equipment and
 5    facilities,  which  are  used  to  transport  the   customer,
 6    connecting  consolidated  car  rental  facilities  with other
 7    airport facilities.
 8        Notwithstanding  subsection  (f)  of  this  Section,  the
 9    customer facility charge shall be collected by the rental car
10    company as a separate charge,  and  clearly  indicated  as  a
11    separate charge on the rental agreement and invoice. Facility
12    charges  shall  be immediately deposited into a trust account
13    for the benefit of the airport and remitted at the  direction
14    of  the  airport, but not more often than once per month. The
15    charge shall be uniformly calculated  on  a  per-contract  or
16    per-day  basis.  Facility  charges imposed by the airport may
17    not exceed the  reasonable  costs  of  financing,  designing,
18    constructing, operating, and maintaining the consolidated car
19    rental facilities and common use transportation equipment and
20    facilities and may not be used for any other purpose.
21        Notwithstanding  any  other provision of law, the charges
22    collected under this Section  are  not  subject  to  retailer
23    occupation, sales, use, or transaction taxes.
24        (k)  When  a  rental  car company states a rental rate in
25    any of its  rate  advertisements,  its  proprietary  computer
26    reservation  systems, or its in-person quotations intended to
27    apply to an airport rental, a company that collects from  its
28    customers  a  customer  facility charge for that rental under
29    subsection (j) shall do all of the following:
30             (1)  Clearly  and  conspicuously  disclose  in   any
31        radio,    television,    or    other   electronic   media
32        advertisements the existence and amount of the charge  if
33        the  advertisement  is intended for rentals at an airport
34        imposing the charge or, if the  advertisement  covers  an
 
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 1        area  with  multiple  airports  with different charges, a
 2        range of amounts of  customer  facility  charges  if  the
 3        advertisement  is  intended  for  rentals  at  an airport
 4        imposing the charge.
 5             (2)  Clearly and conspicuously disclose in any print
 6        rate advertising the existence and amount of  the  charge
 7        if  the  advertisement  is  intended  for  rentals  at an
 8        airport  imposing  the  charge  or,  if  the  print  rate
 9        advertisement covers an area with multiple airports  with
10        different   charges,  a  range  of  amounts  of  customer
11        facility charges if the  advertisement  is  intended  for
12        rentals at an airport imposing the charge.
13             (3)  Clearly    and   conspicuously   disclose   the
14        existence and amount of the  charge  in  any  telephonic,
15        in-person,  or  computer-transmitted  quotation  from the
16        rental car  company's  proprietary  computer  reservation
17        system  at  the  time of making an initial quotation of a
18        rental rate if the  quotation is made  by  a  rental  car
19        company location at an airport imposing the charge and at
20        the  time  of making a reservation of a rental car if the
21        reservation is made by a rental car company  location  at
22        an airport imposing the charge.
23             (4)  Clearly and conspicuously display the charge in
24        any    proprietary   computer-assisted   reservation   or
25        transaction directly between the rental car  company  and
26        the customer, shown or referenced on the same page on the
27        computer  screen  viewed by the customer as the displayed
28        rental rate and in a print  size  not  smaller  than  the
29        print size of the rental rate.
30             (5)  Clearly    and   conspicuously   disclose   and
31        separately identify  the  existence  and  amount  of  the
32        charge on its rental agreement.
33             (6)  A  rental  car  company  that collects from its
34        customers a customer facility charge under subsection (j)
 
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 1        and engages in a practice  which  does  not  comply  with
 2        subsections   (f),  (j),  and  (k)  commits  an  unlawful
 3        practice within the meaning of  the  Consumer  Fraud  and
 4        Deceptive Business Practices Act.
 5    (Source: P.A. 92-426, eff. 1-1-02.)