HB1562 Engrossed

LRB094 05712 DRH 35764 b






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 
24
    repairing, servicing, testing, washing,
parking, storing, 
25
    or selling of automobiles.


26
        (5) Damage or loss occurring to a rental vehicle if the 
27
    rental contract is
based on fraudulent or material 
28
    misrepresentation by the renter.


29
        (6) Damage or loss arising out of the use of the rental 
30
    vehicle outside
the continental United States when such use 
31
    is specifically prohibited in the
rental
agreement.


32
        (7) Damage or loss occurring while the rental vehicle 
 


 






HB1562 Engrossed
- 2 -
LRB094 05712 DRH 35764 b




1
    is operated by a
driver not permitted under the rental 
2
    agreement.
3
        (8) Damage or loss occurring while the rental vehicle 
4
    is operated by a driver under the influence of alcohol, 
5
    other drug or drugs, intoxicating compound or compounds, or 
6
    any combination thereof, in violation of subsection (a) of 
7
    Section 11-501 of the Illinois Vehicle Code.


8
    (c) A rental company shall not charge more than $9 per full 
9
or partial 24
hour rental day for a collision damage
waiver if 
10
the manufacturer's suggested retail price of the rental vehicle 
11
type
is not greater than $30,000.  A rental company
shall not 
12
charge more than $12 per full or partial 24 hour rental day for 
13
a
collision damage waiver if the manufacturer's suggested

14
retail price of the rental vehicle type is greater than 
15
$30,000.
On January 1, 2000, the maximum charges in this 
16
subsection (c) shall be
increased to
$9.50 and $12.50, 
17
respectively, and shall be subsequently increased to $10 and

18
$13 on January 1, 2001 and $10.50 and $13.50 on January 1, 
19
2002.

20
(Source: P.A. 90-113, eff. 7-14-97.)