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| 1 |     AN ACT concerning transportation.
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| 2 |     Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 |     Section 5. The Renter's Financial Responsibility and  | ||||||
| 5 | Protection Act is amended  by changing Section 15 as follows:
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| 6 |     (625 ILCS 27/15)
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| 7 |     Sec. 15. Prohibited practices. 
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| 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.
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| 11 |     (b) A rental company may not void a damage waiver except  | ||||||
| 12 | for one or more of
the following reasons:
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| 13 |         (1) Damage or loss while the rental vehicle is used to  | ||||||
| 14 | carry persons or
property for a charge or fee.
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| 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.
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| 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.
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| 22 |         (4) Damage or loss to any rental vehicle resulting from  | ||||||
| 23 | any auto business
operation, including but not limited to  | ||||||
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| 1 | repairing, servicing, testing, washing,
parking, storing,  | ||||||
| 2 | or selling of automobiles.
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| 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.
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| 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.
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| 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.
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| 18 |     (c) A rental company shall not charge more than $12.50
$9
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| 19 | per full or partial 24
hour rental day for a collision damage
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| 20 | waiver if the manufacturer's suggested retail price of the  | ||||||
| 21 | rental vehicle type
is not greater than $30,000.  A rental  | ||||||
| 22 | company
shall not charge more than $12 per full or partial 24  | ||||||
| 23 | hour rental day for a
collision damage waiver if the  | ||||||
| 24 | manufacturer's suggested
retail price of the rental vehicle  | ||||||
| 25 | type is greater than $30,000.
On January 1, 2000, the maximum  | ||||||
| 26 | charges in this subsection (c) shall be
increased to
$9.50 and  | ||||||
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| 1 | $12.50, respectively, and shall be subsequently increased to  | ||||||
| 2 | $10 and
$13 on January 1, 2001 and $10.50 and $13.50 on January  | ||||||
| 3 | 1, 2002.
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| 4 | (Source: P.A. 94-332, eff. 1-1-06.)
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