Public Act 095-0770
 		





HB4221 Enrolled
LRB095 15171 DRH 41151 b






    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 
Section 6-305 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 
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, 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, 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, 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, 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 
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.

    (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 
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 
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 
    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.


        (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 
        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, 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 
        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. 93-118, eff. 1-1-04; 94-717, eff. 12-19-05.)