Bill Text: IL HB0692 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Illinois Vehicle Code. Provides that a rental company shall not charge a renter any fee, surcharge, or fine amount that is more than twice the toll amount charged to the rental company's I-Pass or E-ZPass account for the renter's use of the rental vehicle on a toll highway operated by the Illinois State Toll Highway Authority. Effective immediately.
Spectrum: Bipartisan Bill
Status: (Failed) 2019-01-08 - Session Sine Die [HB0692 Detail]
Download: Illinois-2017-HB0692-Introduced.html
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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 6-305 as follows:
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6 | (625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
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7 | Sec. 6-305. Renting motor vehicle to another.
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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 the | |||||||||||||||||||
12 | person renting a motor vehicle, is then duly licensed
hereunder | |||||||||||||||||||
13 | or, in the case of a
nonresident, then duly licensed under the | |||||||||||||||||||
14 | laws of the State or country of
his residence unless the State | |||||||||||||||||||
15 | or country of his residence does not require
that a driver be | |||||||||||||||||||
16 | licensed.
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17 | (b) No person shall rent a motor vehicle to another until | |||||||||||||||||||
18 | he has
inspected the drivers license of the person to whom the | |||||||||||||||||||
19 | vehicle is to be
rented, or by whom it is to be driven, and | |||||||||||||||||||
20 | compared and verified the
signature thereon with the signature
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21 | of such person written in his presence unless, in the case of a
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22 | nonresident, the State or country wherein the nonresident | |||||||||||||||||||
23 | resides does not
require that a driver be licensed.
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1 | (c) No person shall rent a motorcycle to another unless the | ||||||
2 | latter
person is then duly licensed hereunder as a motorcycle | ||||||
3 | operator, and in the
case of a nonresident, then duly licensed | ||||||
4 | under the laws of the State or
country of his residence, unless | ||||||
5 | the State or country of his residence does
not require that a | ||||||
6 | driver be licensed. | ||||||
7 | (c-1) A rental car company that rents a motor vehicle shall | ||||||
8 | ensure that the renter is provided with an emergency telephone | ||||||
9 | number to personnel capable of fielding roadside assistance and | ||||||
10 | other customer service inquiries, including the ability to | ||||||
11 | provide the caller with the telephone number of the location | ||||||
12 | from which the vehicle was rented, if requested by the caller. | ||||||
13 | If an owner's manual is not available in the vehicle at the | ||||||
14 | time of the rental, an owner's manual for that vehicle or a | ||||||
15 | similar model shall be accessible by the personnel answering | ||||||
16 | the emergency telephone number for assistance with inquiries | ||||||
17 | about the operation of the vehicle.
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18 | (d) (Blank).
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19 | (e) (Blank).
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20 | (f) Subject to subsection (l), any person who rents a motor | ||||||
21 | vehicle to another shall only
advertise, quote, and charge a | ||||||
22 | rental rate that includes the entire amount
except taxes, a | ||||||
23 | mileage charge, and airport concession charge, if any, which a | ||||||
24 | renter must pay to hire
or lease the vehicle for the period of | ||||||
25 | time to which the rental rate
applies.
The person must provide, | ||||||
26 | on the request of the renter, based on the
available |
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1 | information, an estimated total of the daily rental rate,
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2 | including all applicable taxes, fees, and other charges, or an
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3 | estimated total rental charge, based on the return date of the | ||||||
4 | vehicle
noted on the rental agreement. Further, if the rental | ||||||
5 | agreement does
not already provide an estimated total rental | ||||||
6 | charge, the following
statement must be included in the rental | ||||||
7 | agreement:
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8 | "NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
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9 | AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL | ||||||
10 | RATE,
INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN | ||||||
11 | ESTIMATED
TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN | ||||||
12 | DATE NOTED ON
THIS AGREEMENT."
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13 | Such person shall not charge in addition to the rental | ||||||
14 | rate,
taxes, mileage charge, and airport concession charge, if | ||||||
15 | any, any fee which must be paid by the renter
as a condition of | ||||||
16 | hiring or leasing the vehicle, such as, but not limited
to, | ||||||
17 | required fuel or airport surcharges, nor any fee for | ||||||
18 | transporting the
renter to the location where the rented | ||||||
19 | vehicle will be delivered to the
renter , or any fee, surcharge, | ||||||
20 | or fine amount charged to the renter that is more than twice | ||||||
21 | the toll amount charged to the person's I-Pass or E-ZPass | ||||||
22 | account for the renter's use of the rental vehicle on a toll | ||||||
23 | highway operated by the Illinois State Toll Highway Authority . | ||||||
24 | In addition to the rental rate, taxes, mileage charge, and | ||||||
25 | airport concession charge, and toll charge, if any,
such person | ||||||
26 | may charge for an item or service provided in connection with a
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1 | particular rental transaction if the renter can avoid incurring | ||||||
2 | the charge by
choosing not to obtain or utilize the optional | ||||||
3 | item or service. Items and
services for which such person may | ||||||
4 | impose an additional charge include, but are
not limited to, | ||||||
5 | optional insurance and accessories requested by the renter,
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6 | service charges incident to the renter's optional return of the | ||||||
7 | vehicle to
a location other than the location where the vehicle | ||||||
8 | was hired or leased,
and charges for refueling the vehicle at | ||||||
9 | the conclusion of the rental
transaction in the event the | ||||||
10 | renter did not return the vehicle with as much
fuel as was in | ||||||
11 | the fuel tank at the beginning of the rental. "Airport | ||||||
12 | concession charge" means a charge or fee imposed and collected | ||||||
13 | from a renter to reimburse the motor vehicle rental company for | ||||||
14 | the concession fee it is required to pay to a local government | ||||||
15 | corporate authority or airport authority to rent motor vehicles | ||||||
16 | at the airport facility. The airport concession charge is in | ||||||
17 | addition to any customer facility charge or any other charge.
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18 | (g) Every person renting a motor vehicle to another shall | ||||||
19 | keep a record
of the registration number of the motor vehicle | ||||||
20 | so rented, the name and
address of the person to whom the | ||||||
21 | vehicle is rented, the number of the
license, if any, of said | ||||||
22 | latter person, and the date and place when and
where the | ||||||
23 | license, if any, was issued. Such record shall be open
to
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24 | inspection by any police officer or designated agent of the | ||||||
25 | Secretary of
State.
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26 | (h) A person licensed as a new car dealer under Section |
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1 | 5-101 of this
Code shall not be subject to the provisions of | ||||||
2 | this Section regarding the
rental of private passenger motor | ||||||
3 | vehicles when providing, free of charge,
temporary substitute | ||||||
4 | vehicles for customers to operate during a period when
a | ||||||
5 | customer's vehicle, which is either leased or owned by that | ||||||
6 | customer, is
being repaired, serviced, replaced or otherwise | ||||||
7 | made unavailable to the
customer in accordance with an | ||||||
8 | agreement with the licensed new car dealer
or vehicle | ||||||
9 | manufacturer, so long as the customer orally or in writing is
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10 | made aware that the temporary substitute vehicle will be | ||||||
11 | covered by his or
her
insurance policy and the customer shall | ||||||
12 | only be liable to the extent of any
amount deductible from such | ||||||
13 | insurance coverage in accordance with the terms
of the policy.
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14 | (i) This Section, except the requirements of subsection | ||||||
15 | (g), also applies
to rental agreements of 30 continuous days or | ||||||
16 | less involving a motor
vehicle that was delivered by an out of | ||||||
17 | State person or business to a
renter in this State.
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18 | (j) A public airport
may, if approved by its local | ||||||
19 | government corporate authorities or its airport
authority, | ||||||
20 | impose a customer facility charge upon customers of rental car
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21 | companies for the purposes of financing, designing, | ||||||
22 | constructing,
operating, and maintaining consolidated car | ||||||
23 | rental facilities and common
use transportation equipment and
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24 | facilities,
which are used to transport the customer, | ||||||
25 | connecting consolidated
car rental facilities with other | ||||||
26 | airport facilities.
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1 | Notwithstanding
subsection (f) of this
Section, the | ||||||
2 | customer facility charge shall
be collected by the rental car | ||||||
3 | company as a separate charge, and clearly
indicated as
a | ||||||
4 | separate charge
on the rental agreement and invoice.
Facility | ||||||
5 | charges shall be immediately deposited into a trust account
for | ||||||
6 | the benefit of the airport and
remitted at the direction of the | ||||||
7 | airport, but
not more often than once per month.
The charge | ||||||
8 | shall be uniformly calculated on a per-contract or per-day
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9 | basis.
Facility charges imposed by the airport may not exceed | ||||||
10 | the reasonable
costs of financing, designing, constructing, | ||||||
11 | operating, and maintaining the
consolidated car rental | ||||||
12 | facilities and common use transportation equipment and
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13 | facilities and may not be used for any other purpose.
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14 | Notwithstanding any other provision of law, the charges | ||||||
15 | collected
under
this Section are not subject to retailer | ||||||
16 | occupation, sales,
use,
or transaction taxes.
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17 | (k) When a rental car company states a rental rate in any | ||||||
18 | of its rate
advertisements, its proprietary computer
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19 | reservation systems, or its in-person quotations
intended to | ||||||
20 | apply to
an airport rental, a company that collects from its | ||||||
21 | customers a customer
facility charge for that rental under | ||||||
22 | subsection (j) shall do all of the
following:
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23 | (1) Clearly and conspicuously disclose in any radio, | ||||||
24 | television, or other
electronic media advertisements the | ||||||
25 | existence and
amount of the charge if the advertisement is | ||||||
26 | intended for rentals at an airport
imposing the charge or, |
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1 | if the
advertisement covers an area with multiple airports | ||||||
2 | with different charges, a
range of amounts of customer | ||||||
3 | facility charges if the advertisement is intended
for | ||||||
4 | rentals at an airport imposing the charge.
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5 | (2) Clearly and conspicuously disclose in any print | ||||||
6 | rate advertising the
existence and
amount of the charge if | ||||||
7 | the advertisement is intended for rentals at an airport
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8 | imposing the charge or, if the print rate advertisement | ||||||
9 | covers an area with
multiple
airports with different | ||||||
10 | charges, a range of amounts of customer facility
charges if | ||||||
11 | the advertisement is intended for rentals at an airport | ||||||
12 | imposing the
charge.
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13 | (3) Clearly and conspicuously disclose the existence | ||||||
14 | and
amount of the charge in any telephonic, in-person, or | ||||||
15 | computer-transmitted
quotation from the rental car | ||||||
16 | company's proprietary computer reservation system
at the | ||||||
17 | time of making an initial quotation of a
rental rate if the | ||||||
18 | quotation is made by a rental car company location at an
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19 | airport imposing the charge and at the time of making a | ||||||
20 | reservation of a rental
car if the reservation is made by a | ||||||
21 | rental car company location at an airport
imposing the | ||||||
22 | charge.
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23 | (4) Clearly and conspicuously display the charge in any | ||||||
24 | proprietary
computer-assisted
reservation or transaction | ||||||
25 | directly between the rental car company and the
customer,
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26 | shown or referenced on the
same page on the computer screen |
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1 | viewed by the customer as the
displayed rental rate and in | ||||||
2 | a print size not smaller than the print size of
the rental | ||||||
3 | rate.
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4 | (5) Clearly and conspicuously disclose
and separately | ||||||
5 | identify the existence and amount of the charge on its | ||||||
6 | rental
agreement.
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7 | (6) A rental car company that collects from its | ||||||
8 | customers a customer
facility charge under subsection (j) | ||||||
9 | and engages in a practice which does not
comply with
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10 | subsections (f), (j), and (k) commits an unlawful
practice | ||||||
11 | within the meaning of the Consumer Fraud and Deceptive | ||||||
12 | Business
Practices Act.
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13 | (l) Notwithstanding subsection (f), any person who rents a | ||||||
14 | motor vehicle to another may, in connection with the rental of | ||||||
15 | a motor vehicle to (i) a business renter or (ii) a business | ||||||
16 | program sponsor under the sponsor's business program, do the | ||||||
17 | following: | ||||||
18 | (1) separately quote, by telephone, in person, or by | ||||||
19 | computer transmission, additional charges for the rental; | ||||||
20 | and | ||||||
21 | (2) separately impose additional charges for the | ||||||
22 | rental. | ||||||
23 | (m) As used in this Section: | ||||||
24 | (1) "Additional charges" means charges other than: (i) | ||||||
25 | a per period base rental rate; (ii) a mileage charge; (iii) | ||||||
26 | taxes; or (iv) a customer facility charge. An additional |
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1 | charge shall not include any fee, surcharge, or fine amount | ||||||
2 | charged to the renter that is more than twice the toll | ||||||
3 | amount charged to the person's I-Pass or E-ZPass account | ||||||
4 | for the renter's use of the rental vehicle on a toll | ||||||
5 | highway operated by the Illinois State Toll Highway | ||||||
6 | Authority. | ||||||
7 | (2) "Business program" means: | ||||||
8 | (A) a contract between a person who rents motor | ||||||
9 | vehicles and a business program sponsor that | ||||||
10 | establishes rental rates at which the person will rent | ||||||
11 | motor vehicles to persons authorized by the sponsor; or | ||||||
12 | (B) a plan, program, or other arrangement | ||||||
13 | established by a person who rents motor vehicles at the | ||||||
14 | request of, or with the consent of, a business program | ||||||
15 | sponsor under which the person offers to rent motor | ||||||
16 | vehicles to persons authorized by the sponsor on terms | ||||||
17 | that are not the same as those generally offered by the | ||||||
18 | rental company to the public. | ||||||
19 | (3) "Business program sponsor" means any legal entity | ||||||
20 | other than a natural person, including a corporation, | ||||||
21 | limited liability company, partnership, government, | ||||||
22 | municipality or agency, or a natural person operating a | ||||||
23 | business as a sole proprietor. | ||||||
24 | (4) "Business renter" means any person renting a motor | ||||||
25 | vehicle for business purposes or, for any business program | ||||||
26 | sponsor, a person who is authorized by the sponsor to enter |
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1 | into a rental contract under the sponsor's business | ||||||
2 | program. "Business renter" does not include a person | ||||||
3 | renting as: | ||||||
4 | (A) a non-employee member of a not-for-profit | ||||||
5 | organization; | ||||||
6 | (B) the purchaser of a voucher or other prepaid | ||||||
7 | rental arrangement from a person, including a tour | ||||||
8 | operator, engaged in the business of reselling those | ||||||
9 | vouchers or prepaid rental arrangements to the general | ||||||
10 | public; | ||||||
11 | (C) an individual whose car rental is eligible for | ||||||
12 | reimbursement in whole or in part as a result of the | ||||||
13 | person being insured or provided coverage under a | ||||||
14 | policy of insurance issued by an insurance company; or | ||||||
15 | (D) an individual whose car rental is eligible for | ||||||
16 | reimbursement in whole or in part as a result of the | ||||||
17 | person purchasing motor vehicle repair services from a | ||||||
18 | person licensed to perform those services.
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19 | (Source: P.A. 97-595, eff. 8-26-11.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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