| |||||||
| |||||||
| |||||||
| 1 | AN ACT concerning transportation.
| ||||||
| 2 | Be it enacted by the People of the State of Illinois,
| ||||||
| 3 | represented in the General Assembly:
| ||||||
| 4 | Section 5. The Renter's Financial Responsibility and | ||||||
| 5 | Protection Act is amended by changing Section 15 as follows:
| ||||||
| 6 | (625 ILCS 27/15)
| ||||||
| 7 | Sec. 15. Prohibited practices.
| ||||||
| 8 | (a) A rental company may not sell a damage waiver unless | ||||||
| 9 | the renter agrees
to the damage waiver in writing at or prior | ||||||
| 10 | to the time the rental agreement
is executed.
| ||||||
| 11 | (b) A rental company may not void a damage waiver except | ||||||
| 12 | for one or more of
the following reasons:
| ||||||
| 13 | (1) Damage or loss while the rental vehicle is used to | ||||||
| 14 | carry persons or
property for a charge or fee.
| ||||||
| 15 | (2) Damage or loss during an organized or agreed upon | ||||||
| 16 | racing or speed
contest or demonstration or pushing or | ||||||
| 17 | pulling activity in which the rental
vehicle is actively | ||||||
| 18 | involved.
| ||||||
| 19 | (3) Damage or loss that could reasonably be expected | ||||||
| 20 | from an intentional
or criminal act of the driver other | ||||||
| 21 | than a traffic infraction.
| ||||||
| 22 | (4) Damage or loss to any rental vehicle resulting from | ||||||
| 23 | any auto business
operation, including but not limited to | ||||||
| |||||||
| |||||||
| 1 | repairing, servicing, testing, washing,
parking, storing, | ||||||
| 2 | or selling of automobiles.
| ||||||
| 3 | (5) Damage or loss occurring to a rental vehicle if the | ||||||
| 4 | rental contract is
based on fraudulent or material | ||||||
| 5 | misrepresentation by the renter.
| ||||||
| 6 | (6) Damage or loss arising out of the use of the rental | ||||||
| 7 | vehicle outside
the continental United States when such use | ||||||
| 8 | is specifically prohibited in the
rental
agreement.
| ||||||
| 9 | (7) Damage or loss occurring while the rental vehicle | ||||||
| 10 | is operated by a
driver not permitted under the rental | ||||||
| 11 | agreement. | ||||||
| 12 | (8) Damage or loss occurring while the rental vehicle | ||||||
| 13 | is operated by a driver under the influence of alcohol, | ||||||
| 14 | other drug or drugs, intoxicating compound or compounds, or | ||||||
| 15 | any combination thereof and convicted of violating | ||||||
| 16 | subsection (a) of Section 11-501 of the Illinois Vehicle | ||||||
| 17 | Code.
| ||||||
| 18 | (c) (Blank). A rental company shall not charge more than | ||||||
| 19 | $12.50 per full or partial 24
hour rental day for a collision | ||||||
| 20 | damage
waiver prior to January 1, 2014. Beginning January 1, | ||||||
| 21 | 2014, a rental company shall not charge more than $13.50 per | ||||||
| 22 | full or partial 24 hour rental day for a collision damage | ||||||
| 23 | waiver.
| ||||||
| 24 | (d) (Blank). A rental company may offer a collision damage | ||||||
| 25 | waiver on any rental vehicle having a value in excess of a | ||||||
| 26 | Manufacturer's Suggested Retail Price (MSRP) of $50,000; | ||||||
| |||||||
| |||||||
| 1 | however, the provisions of subsection (c) of this Section shall | ||||||
| 2 | not apply to collision damage waivers under this subsection | ||||||
| 3 | (d). | ||||||
| 4 | (Source: P.A. 98-428, eff. 8-16-13; 99-201, eff. 10-1-15.)
| ||||||