Sen. Antonio Munoz
Filed: 5/17/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 944




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    AMENDMENT NO. ______. Amend Senate Bill 944 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Illinois Vehicle Code is amended  by adding 
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Section 6-305.3 as follows:
 
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    (625 ILCS 5/6-305.3  new)
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    Sec. 6-305.3. Vehicle license cost recovery fee.
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    (a) As used in this Section:
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    "Automobile rental company" means a person or entity whose 
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primary business is renting private passenger vehicles to the 
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public for 30 days or less.
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    "Inspect" or "inspection" means a vehicle emissions 
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inspection under Chapter 13C of this Code. 
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    "Rental agreement" means an agreement for 30 days or less 
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setting forth the terms and conditions governing the use of a 
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private passenger vehicle provided by a rental company.
 


 






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    "Motor vehicle" means passenger vehicles of the first 
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division and motor vehicles of the second division weighing not 
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more than 8,000 pounds.
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    "Vehicle license cost recovery fee" or "VLCRF" means a 
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charge that may be separately stated and charged on a rental 
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agreement in a vehicle rental transaction originating in 
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Illinois to recover costs incurred by an automobile rental 
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company to license, title, register, and inspect motor 
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vehicles.
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    (b) Automobile rental companies may include a separately 
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stated mandatory surcharge or fee in a rental agreement for 
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vehicle license cost recovery fees (VLCRF) and all applicable 
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taxes.
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    (c) If an automobile rental company includes a VLCRF as 
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separately stated charge in a rental agreement, the amount of 
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the fee must represent the automobile rental company's 
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good-faith estimate of the automobile rental company's daily 
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charge as calculated by the automobile rental company to 
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recover its actual total annual motor vehicle titling, 
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registration, and inspection costs.
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    (d) If the total amount of the VLCRF collected by a 
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automobile rental company under this Section in any calendar 
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year exceeds the automobile rental company's actual costs to 
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license, title, register, and inspect for that calendar year, 
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the automobile rental company shall do both of the following:
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        (1) Retain the excess amount; and
 


 






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        (2) Adjust the estimated average per vehicle titling, 
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    licensing, inspection, and registration charge for the 
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    following calendar year by a corresponding amount.
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    (e) Nothing in subsection (d) of this Section shall prevent 
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a automobile rental company from making adjustments to the 
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VLCRF during the calendar year.".