Illinois § 6-305.3

§ 6-305.3.

Vehicle license cost recovery fee. (a) As used in this Section: "Motor vehicle rental company" means a person or entity whose primary business is renting motor vehicles to the public for 30 days or less. "Inspect" or "inspection" means a vehicle emissions inspection under Chapter 13C of this Code. "Rental agreement" means an agreement for 30 days or less setting forth the terms and conditions governing the use of a motor vehicle provided by a rental company. "Motor vehicle" means motor vehicles of the first division and motor vehicles of the second division weighing not more than 8,000 pounds. "Vehicle license cost recovery fee" or "VLCRF" means a charge that may be separately stated and charged on a rental agreement in a vehicle rental transaction originating in Illinois to recover costs incurred either directly or indirectly by a motor vehicle rental company to license, title, register, and inspect motor vehicles. (b) Motor vehicle rental companies may include a separately stated mandatory surcharge or fee in a rental agreement for vehicle license cost recovery fees (VLCRF) and all applicable taxes. (c) If a motor vehicle rental company includes a VLCRF as separately stated charge in a rental agreement, the amount of the fee must represent the motor vehicle rental company's good-faith estimate of the automobile rental company's daily charge as calculated by the motor vehicle rental company to recover its actual total annual motor vehicle titling, registration, and inspection costs. (d) If the total amount of the VLCRF collected by a motor vehicle rental company under this Section in any calendar year exceeds the motor vehicle rental company's actual costs to license, title, register, and inspect for that calendar year, the motor vehicle rental company shall do both of the following: (1) Retain the excess amount; and (2) Adjust the estimated average per vehicle titling, licensing, inspection, and registration charge for the following calendar year by a corresponding amount. (e) Nothing in subsection (d) of this Section shall prevent a motor vehicle rental company from making adjustments to the VLCRF during the calendar year. (Source: P.A. 96-37, eff. 7-13-09; 97-595, eff. 8-26-11.)