Illinois 102nd Regular Session Status: Enacted Bipartisan · 4 R · 2 D cosponsors

SB 61 — INS-IMPROPER CLAIMS PRACTICE

Last action — Public Act . . . . . . . . . 102-0069

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 29, 2021. Enacted.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 6 sponsors

    2 primary, 4 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (4 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Insurance Code. Provides that it is an improper claims practice for a domestic, foreign, or alien company transacting business in this State to fail to pay the replacement vehicle use or occupation tax, title, and transfer fees on a private passenger total loss claim if that act is committed knowingly in violation of the Code, has been committed with such frequency to indicate a persistent tendency to engage in that type of conduct, and is committed without just cause. Provides that an insurer shall pay use or occupation tax, title, and transfer fees when the insurer determines that an insured's or third-party claimant's private passenger automobile is a total loss covered under the terms of a personal automobile policy issued by the insurer. Provides that if an insurer elects to replace the insured vehicle, the insurer shall pay the use or occupation tax, title, and transfer fees on the replacement vehicle. Provides that if a cash settlement is provided for the total loss private passenger vehicle, an insurer shall reimburse or directly pay the insured or third-party claimant for replacement vehicle use or occupation tax, title, and transfer fees under specified conditions. Grants the Department of Insurance rulemaking authority. Effective January 1, 2022. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that for personal automobile policies issued or renewed on or after July 1, 2022 (rather than policies issued by an insurer) it is an improper claims practice for a domestic, foreign, or alien company transacting business in this State to fail to pay the replacement vehicle use or occupation tax, title, and transfer fees on a private passenger total loss claim if that act is committed knowingly in violation of the Code, has been committed with such frequency to indicate a persistent tendency to engage in that type of conduct, and is committed without just cause. Changes the effective date from January 1, 2022 to July 1, 2022.

Bill Text

Amendments

1 amendment

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Action History

  1. Public Act . . . . . . . . . 102-0069

  2. Effective Date July 1, 2022

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Consent Calendar - Passed 111-000-001

  7. Third Reading - Consent Calendar - First Day

  8. Placed on Calendar Order of 3rd Reading - Consent Calendar

  9. Held on Calendar Order of Second Reading - Consent Calendar

  10. Second Reading - Consent Calendar

  11. Added Alternate Chief Co-Sponsor Rep. Adam Niemerg

  12. Placed on Calendar 2nd Reading - Consent Calendar

  13. Do Pass / Consent Calendar Insurance Committee; 017-000-000

  14. Assigned to Insurance Committee

  15. Referred to Rules Committee

  16. First Reading

  17. Chief House Sponsor Rep. Anthony DeLuca

  18. Arrived in House

  19. Third Reading - Passed; 058-000-000

  20. Placed on Calendar Order of 3rd Reading ** April 21, 2021

  21. Second Reading

  22. Added as Co-Sponsor Sen. Dale Fowler

  23. Placed on Calendar Order of 2nd Reading April 20, 2021

  24. Do Pass Insurance; 010-000-000

  25. Senate Committee Amendment No. 1 Adopted

  26. Added as Co-Sponsor Sen. Terri Bryant

  27. Senate Committee Amendment No. 1 Assignments Refers to Insurance

  28. Senate Committee Amendment No. 1 Referred to Assignments

  29. Senate Committee Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham

  30. Added as Co-Sponsor Sen. Dave Syverson

  31. Assigned to Insurance

  32. Referred to Assignments

  33. First Reading

  34. Filed with Secretary by Sen. Bill Cunningham

Sponsors

Sponsorship breakdown

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2 sponsors · 4 co-sponsors · 177 not signed on

Sponsors (2)

Co-sponsors (4)

Not signed on (177)

177 members have not signed on to this bill.

Show all 177 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 111 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 35003
Democrat 52002
Republican 24002
Total 111007
% of votes cast 94%0%0%6%
How each member voted (118)
Member Party Vote
Nichols — Yea
Ozinga — Yea
Batinick — Yea
Ramirez — Yea
Bennett — Yea
Bos — Yea
Bourne — Yea
Robinson — Yea
Harris — Yea
Brady — Yea
Butler — Yea
Carroll — Yea
Sommer — Yea
Willis — Yea
Frese — Yea
Yednock — Yea
Yingling — Yea
Zalewski — Yea
Greenwood — Yea
Caulkins — Not Voting
Luft — Not Voting
Burke — Not Voting
Hurley — Yea
Jones — Yea
Conroy — Yea
Stoneback — Yea
D'Amico — Yea
Davis — Yea
Marron — Yea
Demmer — Yea
Welter — Yea
Mazzochi — Yea
Durkin — Yea
Wheeler — Yea
Flowers — Yea
Costa Howard — Yea
Williams, Jawaharial — Yea
Yang Rohr — Yea
Aarón M. Ortíz Democrat Yea
Angelica Guerrero-Cuellar Democrat Yea
Ann M. Williams Democrat Yea
Anna Moeller Democrat Yea
Anne Stava Democrat Yea
Anthony DeLuca Democrat Yea
Barbara Hernandez Democrat Yea
Bob Morgan Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Curtis J. Tarver, II Democrat Yea
Dagmara Avelar Democrat Yea
Daniel Didech Democrat Yea
Dave Vella Democrat Yea
Debbie Meyers-Martin Democrat Yea
Edgar González, Jr. Democrat Yea
Elizabeth "Lisa" Hernandez Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Eva-Dina Delgado Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Jennifer Gong-Gershowitz Democrat Yea
Joyce Mason Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Kam Buckner Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Lakesia Collins Democrat Not Voting
Laura M. Murphy Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Lindsey LaPointe Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Margaret Croke Democrat Yea
Mark L. Walker Democrat Yea
Martin J. Moylan Democrat Yea
Maura Hirschauer Democrat Yea
Maurice A. West, II Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Nicholas K. Smith Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Not Voting
Robyn Gabel Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Suzanne M. Ness Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Adam M. Niemerg Republican Yea
Amy Elik Republican Yea
Amy L. Grant Republican Yea
Andrew S. Chesney Republican Yea
Blaine Wilhour Republican Yea
Brad Halbrook Republican Yea
Brad Stephens Republican Not Voting
Charles Meier Republican Yea
Chris Miller Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Daniel J. Ugaste Republican Yea
Dave Severin Republican Yea
David Friess Republican Yea
Jackie Haas Republican Yea
Jeff Keicher Republican Yea
Joe C. Sosnowski Republican Yea
Martin McLaughlin Republican Not Voting
Norine K. Hammond Republican Yea
Patrick Windhorst Republican Yea
Paul Jacobs Republican Yea
Ryan Spain Republican Yea
Seth Lewis Republican Yea
Steven Reick Republican Yea
Tom Weber Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Subjects

finance health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 61 do?
Amends the Illinois Insurance Code. Provides that it is an improper claims practice for a domestic, foreign, or alien company transacting business in this State to fail to pay the replacement vehicle use or occupation tax, title, and transfer fees on a private passenger total loss claim if that act is committed knowingly in violation of the Code, has been committed with such frequency to indicate a persistent tendency to engage in that type of conduct, and is committed without just cause. Provides that an insurer shall pay use or occupation tax, title, and transfer fees when the insurer determines that an insured's or third-party claimant's private passenger automobile is a total loss covered under the terms of a personal automobile policy issued by the insurer. Provides that if an insurer elects to replace the insured vehicle, the insurer shall pay the use or occupation tax, title, and transfer fees on the replacement vehicle. Provides that if a cash settlement is provided for the total loss private passenger vehicle, an insurer shall reimburse or directly pay the insured or third-party claimant for replacement vehicle use or occupation tax, title, and transfer fees under specified conditions. Grants the Department of Insurance rulemaking authority. Effective January 1, 2022. Senate Committee Amendment No. 1 Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that for personal automobile policies issued or renewed on or after July 1, 2022 (rather than policies issued by an insurer) it is an improper claims practice for a domestic, foreign, or alien company transacting business in this State to fail to pay the replacement vehicle use or occupation tax, title, and transfer fees on a private passenger total loss claim if that act is committed knowingly in violation of the Code, has been committed with such frequency to indicate a persistent tendency to engage in that type of conduct, and is committed without just cause. Changes the effective date from January 1, 2022 to July 1, 2022.
Who sponsors SB 61?
SB 61 is sponsored by Bill Cunningham (Democrat), Dave Syverson (Republican), Terri Bryant (Republican), Anthony DeLuca (Democrat), Adam M. Niemerg (Republican), and Dale Fowler (Republican).
What is the current status of SB 61?
This bill has been enacted into law. Introduced January 29, 2021. Enacted.
Where can I track SB 61?
Track SB 61 free on One Click Politics — get push/email alerts when it moves.

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