Bill Text: IL SB2641 | 2017-2018 | 100th General Assembly | Engrossed

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

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Bill Title: 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.

Spectrum: Slight Partisan Bill (Democrat 35-22)

Status: (Vetoed) 2018-11-29 - Bill Dead - Amendatory Veto [SB2641 Detail]

Download: Illinois-2017-SB2641-Engrossed.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 Renter's Financial Responsibility and
Protection Act is amended by changing Section 15 as follows:
(625 ILCS 27/15)
(Text of Section before amendment by P.A. 100-312)
Sec. 15. Prohibited practices.
(a) A rental company may not sell a damage waiver unless
the renter agrees to the damage waiver in writing at or prior
to the time the rental agreement is executed.
(b) A rental company may not void a damage waiver except
for one or more of the following reasons:
(1) Damage or loss while the rental vehicle is used to
carry persons or property for a charge or fee.
(2) Damage or loss during an organized or agreed upon
racing or speed contest or demonstration or pushing or
pulling activity in which the rental vehicle is actively
involved.
(3) Damage or loss that could reasonably be expected
from an intentional or criminal act of the driver other
than a traffic infraction.
(4) Damage or loss to any rental vehicle resulting from

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any auto business operation, including but not limited to
repairing, servicing, testing, washing, parking, storing,
or selling of automobiles.
(5) Damage or loss occurring to a rental vehicle if the
rental contract is based on fraudulent or material
misrepresentation by the renter.
(6) Damage or loss arising out of the use of the rental
vehicle outside the continental United States when such use
is specifically prohibited in the rental agreement.
(7) Damage or loss occurring while the rental vehicle
is operated by a driver not permitted under the rental
agreement.
(8) Damage or loss occurring while the rental vehicle
is operated by a driver under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds, or
any combination thereof and convicted of violating
subsection (a) of Section 11-501 of the Illinois Vehicle
Code.
(c) A rental company shall not charge more than $12.50 per
full or partial 24 hour rental day for a collision damage
waiver prior to January 1, 2014. Beginning January 1, 2014, a
rental company shall not charge more than $13.50 per full or
partial 24 hour rental day for a collision damage waiver.
(d) A rental company may offer a collision damage waiver on
any rental vehicle having a value in excess of a Manufacturer's
Suggested Retail Price (MSRP) of $50,000; however, the

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provisions of subsection (c) of this Section shall not apply to
collision damage waivers under this subsection (d).
(Source: P.A. 98-428, eff. 8-16-13; 99-201, eff. 10-1-15.)
(Text of Section after amendment by P.A. 100-312)
Sec. 15. Prohibited practices.
(a) A rental company may not sell a damage waiver unless
the renter agrees to the damage waiver in writing at or prior
to the time the rental agreement is executed.
(b) A rental company may not void a damage waiver except
for one or more of the following reasons:
(1) Damage or loss while the rental vehicle is used to
carry persons or property for a charge or fee.
(2) Damage or loss during an organized or agreed upon
racing or speed contest or demonstration or pushing or
pulling activity in which the rental vehicle is actively
involved.
(3) Damage or loss that could reasonably be expected
from an intentional or criminal act of the driver other
than a traffic infraction.
(4) Damage or loss to any rental vehicle resulting from
any auto business operation, including but not limited to
repairing, servicing, testing, washing, parking, storing,
or selling of automobiles.
(5) Damage or loss occurring to a rental vehicle if the
rental contract is based on fraudulent or material

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misrepresentation by the renter.
(6) Damage or loss arising out of the use of the rental
vehicle outside the continental United States when such use
is specifically prohibited in the rental agreement.
(7) Damage or loss occurring while the rental vehicle
is operated by a driver not permitted under the rental
agreement.
(8) Damage or loss occurring while the rental vehicle
is operated by a driver under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds, or
any combination thereof and convicted of violating
subsection (a) of Section 11-501 of the Illinois Vehicle
Code.
(9) Damage or loss to the rental vehicle if 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 vehicle 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.
(c) (Blank).
(d) (Blank).
(Source: P.A. 99-201, eff. 10-1-15; 100-312, eff. 1-1-18.)

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