Bill Text: IL SB0959 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Toll Highway Act. Makes a technical change in a Section concerning powers of the Toll Highway Authority.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2011-08-26 - Public Act . . . . . . . . . 97-0595 [SB0959 Detail]

Download: Illinois-2011-SB0959-Enrolled.html

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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Sections 6-305, 6-305.3, 18c-4201, 18c-4203, and 18c-4204 as
follows:
(625 ILCS 5/6-305) (from Ch. 95 1/2, par. 6-305)
Sec. 6-305. Renting motor vehicle to another.
(a) No person shall rent a motor vehicle to any other
person unless the latter person, or a driver designated by a
nondriver with disabilities and meeting any minimum age and
driver's record requirements that are uniformly applied by the
person renting a motor vehicle, is then duly licensed hereunder
or, in the case of a nonresident, then duly licensed under the
laws of the State or country of his residence unless the State
or country of his residence does not require that a driver be
licensed.
(b) No person shall rent a motor vehicle to another until
he has inspected the drivers license of the person to whom the
vehicle is to be rented, or by whom it is to be driven, and
compared and verified the signature thereon with the signature
of such person written in his presence unless, in the case of a
nonresident, the State or country wherein the nonresident

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resides does not require that a driver be licensed.
(c) No person shall rent a motorcycle to another unless the
latter person is then duly licensed hereunder as a motorcycle
operator, and in the case of a nonresident, then duly licensed
under the laws of the State or country of his residence, unless
the State or country of his residence does not require that a
driver be licensed.
(c-1) A rental car company that rents a motor vehicle shall
ensure that the renter is provided with an emergency telephone
number to personnel capable of fielding roadside assistance and
other customer service inquiries, including the ability to
provide the caller with the telephone number of the location
from which the vehicle was rented, if requested by the caller.
If an owner's manual is not available in the vehicle at the
time of the rental, an owner's manual for that vehicle or a
similar model shall be accessible by the personnel answering
the emergency telephone number for assistance with inquiries
about the operation of the vehicle.
(d) (Blank).
(e) (Blank).
(f) Subject to subsection (l), any person who rents a motor
vehicle to another shall only advertise, quote, and charge a
rental rate that includes the entire amount except taxes, and a
mileage charge, and airport concession charge, if any, which a
renter must pay to hire or lease the vehicle for the period of
time to which the rental rate applies. The person must provide,

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on the request of the renter, based on the available
information, an estimated total of the daily rental rate,
including all applicable taxes, fees, and other charges, or an
estimated total rental charge, based on the return date of the
vehicle noted on the rental agreement. Further, if the rental
agreement does not already provide an estimated total rental
charge, the following statement must be included in the rental
agreement:
"NOTICE: UNDER ILLINOIS LAW, YOU MAY REQUEST, BASED ON
AVAILABLE INFORMATION, AN ESTIMATED TOTAL DAILY RENTAL
RATE, INCLUDING TAXES, FEES, AND OTHER CHARGES, OR AN
ESTIMATED TOTAL RENTAL CHARGE, BASED ON THE VEHICLE RETURN
DATE NOTED ON THIS AGREEMENT."
Such person shall not charge in addition to the rental
rate, taxes, and mileage charge, and airport concession charge,
if any, any fee which must be paid by the renter as a condition
of hiring or leasing the vehicle, such as, but not limited to,
required fuel or airport surcharges, nor any fee for
transporting the renter to the location where the rented
vehicle will be delivered to the renter. In addition to the
rental rate, taxes, and mileage charge, and airport concession
charge, if any, such person may charge for an item or service
provided in connection with a particular rental transaction if
the renter can avoid incurring the charge by choosing not to
obtain or utilize the optional item or service. Items and
services for which such person may impose an additional charge

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include, but are not limited to, optional insurance and
accessories requested by the renter, service charges incident
to the renter's optional return of the vehicle to a location
other than the location where the vehicle was hired or leased,
and charges for refueling the vehicle at the conclusion of the
rental transaction in the event the renter did not return the
vehicle with as much fuel as was in the fuel tank at the
beginning of the rental. "Airport concession charge" means a
charge or fee imposed and collected from a renter to reimburse
the motor vehicle rental company for the concession fee it is
required to pay to a local government corporate authority or
airport authority to rent motor vehicles at the airport
facility. The airport concession charge is in addition to any
customer facility charge or any other charge.
(g) Every person renting a motor vehicle to another shall
keep a record of the registration number of the motor vehicle
so rented, the name and address of the person to whom the
vehicle is rented, the number of the license, if any, of said
latter person, and the date and place when and where the
license, if any, was issued. Such record shall be open to
inspection by any police officer or designated agent of the
Secretary of State.
(h) A person licensed as a new car dealer under Section
5-101 of this Code shall not be subject to the provisions of
this Section regarding the rental of private passenger motor
vehicles when providing, free of charge, temporary substitute

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vehicles for customers to operate during a period when a
customer's vehicle, which is either leased or owned by that
customer, is being repaired, serviced, replaced or otherwise
made unavailable to the customer in accordance with an
agreement with the licensed new car dealer or vehicle
manufacturer, so long as the customer orally or in writing is
made aware that the temporary substitute vehicle will be
covered by his or her insurance policy and the customer shall
only be liable to the extent of any amount deductible from such
insurance coverage in accordance with the terms of the policy.
(i) This Section, except the requirements of subsection
(g), also applies to rental agreements of 30 continuous days or
less involving a motor vehicle that was delivered by an out of
State person or business to a renter in this State.
(j) A public airport may, if approved by its local
government corporate authorities or its airport authority,
impose a customer facility charge upon customers of rental car
companies for the purposes of financing, designing,
constructing, operating, and maintaining consolidated car
rental facilities and common use transportation equipment and
facilities, which are used to transport the customer,
connecting consolidated car rental facilities with other
airport facilities.
Notwithstanding subsection (f) of this Section, the
customer facility charge shall be collected by the rental car
company as a separate charge, and clearly indicated as a

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separate charge on the rental agreement and invoice. Facility
charges shall be immediately deposited into a trust account for
the benefit of the airport and remitted at the direction of the
airport, but not more often than once per month. The charge
shall be uniformly calculated on a per-contract or per-day
basis. Facility charges imposed by the airport may not exceed
the reasonable costs of financing, designing, constructing,
operating, and maintaining the consolidated car rental
facilities and common use transportation equipment and
facilities and may not be used for any other purpose.
Notwithstanding any other provision of law, the charges
collected under this Section are not subject to retailer
occupation, sales, use, or transaction taxes.
(k) When a rental car company states a rental rate in any
of its rate advertisements, its proprietary computer
reservation systems, or its in-person quotations intended to
apply to an airport rental, a company that collects from its
customers a customer facility charge for that rental under
subsection (j) shall do all of the following:
(1) Clearly and conspicuously disclose in any radio,
television, or other electronic media advertisements the
existence and amount of the charge if the advertisement is
intended for rentals at an airport imposing the charge or,
if the advertisement covers an area with multiple airports
with different charges, a range of amounts of customer
facility charges if the advertisement is intended for

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rentals at an airport imposing the charge.
(2) Clearly and conspicuously disclose in any print
rate advertising the existence and amount of the charge if
the advertisement is intended for rentals at an airport
imposing the charge or, if the print rate advertisement
covers an area with multiple airports with different
charges, a range of amounts of customer facility charges if
the advertisement is intended for rentals at an airport
imposing the charge.
(3) Clearly and conspicuously disclose the existence
and amount of the charge in any telephonic, in-person, or
computer-transmitted quotation from the rental car
company's proprietary computer reservation system at the
time of making an initial quotation of a rental rate if the
quotation is made by a rental car company location at an
airport imposing the charge and at the time of making a
reservation of a rental car if the reservation is made by a
rental car company location at an airport imposing the
charge.
(4) Clearly and conspicuously display the charge in any
proprietary computer-assisted reservation or transaction
directly between the rental car company and the customer,
shown or referenced on the same page on the computer screen
viewed by the customer as the displayed rental rate and in
a print size not smaller than the print size of the rental
rate.

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(5) Clearly and conspicuously disclose and separately
identify the existence and amount of the charge on its
rental agreement.
(6) A rental car company that collects from its
customers a customer facility charge under subsection (j)
and engages in a practice which does not comply with
subsections (f), (j), and (k) commits an unlawful practice
within the meaning of the Consumer Fraud and Deceptive
Business Practices Act.
(l) Notwithstanding subsection (f), any person who rents a
motor vehicle to another may, in connection with the rental of
a motor vehicle to (i) a business renter or (ii) a business
program sponsor under the sponsor's business program, do the
following:
(1) separately quote, by telephone, in person, or by
computer transmission, additional charges for the rental;
and
(2) separately impose additional charges for the
rental.
(m) As used in this Section:
(1) "Additional charges" means charges other than: (i)
a per period base rental rate; (ii) a mileage charge; (iii)
taxes; or (iv) a customer facility charge.
(2) "Business program" means:
(A) a contract between a person who rents motor
vehicles and a business program sponsor that

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establishes rental rates at which the person will rent
motor vehicles to persons authorized by the sponsor; or
(B) a plan, program, or other arrangement
established by a person who rents motor vehicles at the
request of, or with the consent of, a business program
sponsor under which the person offers to rent motor
vehicles to persons authorized by the sponsor on terms
that are not the same as those generally offered by the
rental company to the public.
(3) "Business program sponsor" means any legal entity
other than a natural person, including a corporation,
limited liability company, partnership, government,
municipality or agency, or a natural person operating a
business as a sole proprietor.
(4) "Business renter" means any person renting a motor
vehicle for business purposes or, for any business program
sponsor, a person who is authorized by the sponsor to enter
into a rental contract under the sponsor's business
program. "Business renter" does not include a person
renting as:
(A) a non-employee member of a not-for-profit
organization;
(B) the purchaser of a voucher or other prepaid
rental arrangement from a person, including a tour
operator, engaged in the business of reselling those
vouchers or prepaid rental arrangements to the general

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public;
(C) an individual whose car rental is eligible for
reimbursement in whole or in part as a result of the
person being insured or provided coverage under a
policy of insurance issued by an insurance company; or
(D) an individual whose car rental is eligible for
reimbursement in whole or in part as a result of the
person purchasing motor vehicle repair services from a
person licensed to perform those services.
(Source: P.A. 94-717, eff. 12-19-05; 95-770, eff. 1-1-09.)
(625 ILCS 5/6-305.3)
Sec. 6-305.3. Vehicle license cost recovery fee.
(a) As used in this Section:
"Motor vehicle Automobile rental company" means a person or
entity whose primary business is renting motor private
passenger vehicles to the public for 30 days or less.
"Inspect" or "inspection" means a vehicle emissions
inspection under Chapter 13C of this Code.
"Rental agreement" means an agreement for 30 days or less
setting forth the terms and conditions governing the use of a
motor private passenger vehicle provided by a rental company.
"Motor vehicle" means motor passenger vehicles of the first
division and motor vehicles of the second division weighing not
more than 8,000 pounds.
"Vehicle license cost recovery fee" or "VLCRF" means a

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charge that may be separately stated and charged on a rental
agreement in a vehicle rental transaction originating in
Illinois to recover costs incurred either directly or
indirectly by a motor vehicle an automobile rental company to
license, title, register, and inspect motor vehicles.
(b) Motor vehicle Automobile rental companies may include a
separately stated mandatory surcharge or fee in a rental
agreement for vehicle license cost recovery fees (VLCRF) and
all applicable taxes.
(c) If a motor vehicle an automobile rental company
includes a VLCRF as separately stated charge in a rental
agreement, the amount of the fee must represent the motor
vehicle automobile rental company's good-faith estimate of the
automobile rental company's daily charge as calculated by the
motor vehicle automobile rental company to recover its actual
total annual motor vehicle titling, registration, and
inspection costs.
(d) If the total amount of the VLCRF collected by a motor
vehicle automobile rental company under this Section in any
calendar year exceeds the motor vehicle automobile rental
company's actual costs to license, title, register, and inspect
for that calendar year, the motor vehicle automobile rental
company shall do both of the following:
(1) Retain the excess amount; and
(2) Adjust the estimated average per vehicle titling,
licensing, inspection, and registration charge for the

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following calendar year by a corresponding amount.
(e) Nothing in subsection (d) of this Section shall prevent
a motor vehicle automobile rental company from making
adjustments to the VLCRF during the calendar year.
(Source: P.A. 96-37, eff. 7-13-09.)
(625 ILCS 5/18c-4201) (from Ch. 95 1/2, par. 18c-4201)
Sec. 18c-4201. Licensing cases.
(1) Scope of Section. The provisions of this Chapter
relating to household goods carrier licensing apply to
applications:
(a) For a license authorizing a carrier to operate as
an intrastate household goods carrier;
(b) To transfer a certificate, permit, or license or to
change the name on a certificate, permit, or license; and
(c) To convert household goods contract carrier
authority to household goods common carrier authority.
(2) Form and content of household goods carrier licensing
applications. Household goods carrier licensing applications
shall be on such forms and contain such information as may be
prescribed by the Commission, be verified under oath, and shall
be accompanied by the required filing fee.
(3) Public notice of applications.
(a) Review of applications prior to publication. The
Commission may provide for preliminary review of each
application to determine if it is complete, if it gives

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adequate notice, and if the authority requested is
unenforceably vague or otherwise contrary to the
provisions of this Chapter.
(b) Authorization to submit application for
publication. If the Commission determines after review
that the application is defective in any respect, it shall
promptly notify the applicant. No application shall be
submitted to the official newspaper for publication until
after it has been approved for publication, if the
Commission has provided for preliminary review. If the
Commission does not find that the application is defective,
or if it finds that any defects have been removed by
amendment, the applicant shall be permitted to submit the
application to the official newspaper for publication. The
Commission shall complete its review and notify the
applicant within 15 days after filing of the application.
(c) Additional notice prescribed by the Commission.
The Commission may direct applicant to give such further
notice in connection with its application as the Commission
deems necessary. The Commission may, itself, give such
additional notice as it deems necessary.
(4) Hearing on licensing applications.
(a) Participation at hearing. Any person having
standing to participate under this Chapter may appear and
participate in a hearing before the Commission to the
extent of its standing, provided that the person has

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complied with Commission regulations concerning the filing
of petitions for leave to intervene and like pleadings.
Petitions for leave to intervene must be filed within 15
days after publication, unless the Commission provides for
filing at a later date. The Commission may permit
additional persons to appear and participate, on such terms
as the Commission shall prescribe, where such
participation is deemed necessary to an informed and just
resolution of the issues in the proceeding. No shipper
representative shall be permitted to testify in support of
an application for a motor common carrier certificate or a
motor contract carrier permit on the issue of need for
service unless:
(i) A supporting statement was filed on behalf of
the shipper at least 10 days prior to the date of
testimony; and
(ii) If the supporting statement was not filed with
the application, the statement was served on all
parties of record at least 10 days prior to the date of
testimony.
(b) Setting, notice, and hearing. Notwithstanding any
contrary provisions in Section 18c-2101 of this Chapter, a
hearing shall be held on each licensing application to
determine that the requirements of this Chapter have been
satisfied, except as otherwise provided in Section
18c-4306 of this Chapter. The Commission shall set the

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hearing at a time not less than 15 days after publication
in the official newspaper. The Commission shall serve
notice of hearing on each party of record.
(c) Issuance of orders after hearing. The Commission
may issue summary orders in cases where the licensing
application was not opposed in a timely pleading addressed
to the Commission, or was opposed in a timely pleading but
such opposition was later withdrawn or the parties in
opposition waived all right to other than a summary order.
Summary orders shall be issued within 10 days after the
close of oral hearing or such other period as the
Commission may prescribe. Where a party requests, in a
properly filed motion for reconsideration or rehearing, a
detailed statement of findings and conclusions, the
Commission shall vacate the summary order and issue a new
order in accordance with Sub-chapters 1 and 2 of this
Chapter. Otherwise, orders shall be issued in accordance
with provisions of Sub-chapters 1 and 2 of this Chapter.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-4203) (from Ch. 95 1/2, par. 18c-4203)
Sec. 18c-4203. Household goods contract carrier permits.
(1) Prerequisite to operation as a household goods contract
carrier. No person shall operate as a household goods contract
carrier of property unless such person possesses a household
goods contract carrier permit issued by the Commission and in

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good standing.
(2) Requirements for issuance.
(a) General requirements. The Commission shall grant
an application for a household goods contract carrier
permit, in whole or in part, to the extent that it finds
that the application was properly filed; supporting
shippers need the proposed service; the applicant is fit,
willing and able to provide the service in compliance with
this Chapter, Commission regulations and orders; and
issuance of the permit will be consistent with the public
interest. Otherwise, the application shall be denied. The
burden of proving that the requirements for issuance of a
household goods contract carrier permit have been met shall
be borne by the applicant.
(b) Conversion to household goods common carrier
authority. The Commission may, at the request of the
holder, authorize the conversion of household goods
contract carrier authority to household goods common
carrier authority, subject to the same terms, conditions,
limitations, and regulations as other household goods
common carriers.
(c) Cancellation and non-renewal of contracts.
Cancellation or non-renewal of a contract, or failure to
keep on file with the Commission a copy of a valid
contract, shall render a permit void with regard to the
involved shipper.

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(3) Duties and practices of household goods contract
carriers.
(a) Services. Household goods contract carriers shall
provide safe and adequate transportation service to their
contracting shippers within the scope of their authorities
and contracts and in compliance with this Chapter,
Commission regulations and orders.
(b) Contracts. Each household goods contract carrier
shall file with the Commission a copy of each contract
executed under authority of its permit, and shall provide
no service except in accordance with contracts on file with
the Commission. The Commission may, at any time, reject
contracts filed with it which do not comply with the
provisions of this Chapter, Commission regulations and
orders.
(Source: P.A. 89-444, eff. 1-25-96.)
(625 ILCS 5/18c-4204) (from Ch. 95 1/2, par. 18c-4204)
Sec. 18c-4204. Standards to be considered in issuing common
and contract household goods carrier licenses. The Commission
shall exercise its discretion in regard to issuance of common
carrier of household goods or contract carrier of household
goods licenses in accordance with standards enumerated in this
Section.
(1) Standards relevant to both common and contract
household goods carrier licenses. In determining whether to

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issue a common carrier of household goods certificate or a
contract carrier of household goods permit under Sections
18c-4202 and 18c-4203 of this Chapter, the Commission shall
consider, in addition to other standards enumerated in this
Chapter:
(a) (Blank) The characteristics of the supporting
shipper or shippers transportation needs, including the
total volume of shipments, the amounts handled by existing
authorized carriers and others, the amounts which would be
tendered to the applicant, the nature and location of
points where traffic would be picked up and delivered, and
any special transportation needs of the supporting shipper
or shippers or their receiver or receivers;
(b) The existing authorized carriers' services,
including the adequacy of such services and the effect
which issuance of a new certificate or permit would have on
such services;
(c) (Blank) The proposed service, and whether it would
meet the needs of the supporting shipper or shippers;
(d) Any evidence bearing on the fitness, willingness,
or ability of the applicant, including but not limited to
any past history of violations of this Chapter, Commission
regulations or orders, whether or not such violations were
the subject of an enforcement proceeding; and
(e) The effect which issuing the certificate or permit
would have on the development, maintenance and

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preservation of the highways of this State for commercial
and other public use.
(2) Additional standards relevant to household goods
contract carrier licenses. In determining whether to issue a
household goods contract carrier permit under Section 18c-4203
of this Chapter, the Commission shall consider, in addition to
standards enumerated in subsection (1) of this Section or
elsewhere in this Sub-chapter:
(a) Whether the proposed service is contract carrier
service; and
(b) The effect which failure to issue the permit would
have on the supporting shipper or shippers.
(3) Standards not relevant to either household goods common
or household goods contract carrier licenses. In determining
whether to issue a household goods common carrier certificate
or a household goods contract carrier permit under Sections
18c-4202 and 18c-4203 of this Chapter, the Commission shall not
consider:
(a) The mere preference of the supporting shipper or
shippers or their receiver or receivers for the applicant's
service; or
(b) Any illegal operations of the applicant as evidence
of shipper need or the inadequacy of existing carriers'
services.
(Source: P.A. 89-444, eff. 1-25-96.)
Section 99. Effective date. This Act takes effect upon

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becoming law.