Illinois 100th Regular Session Status: To Executive Bipartisan · 6 R · 5 D cosponsors

SB 2641 — RENTAL CAR-DAMAGE WAIVER-VOID

Last action — Bill Dead - Amendatory Veto

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

This bill died with 100th Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Amends the Renter's Financial Responsibility and Protection Act. Provides that a rental car company may void a damage waiver if damage or loss occurs to the rental vehicle when the rental vehicle is stolen and the renter fails to: (i) return the rental vehicle's ignition key and key tag identifying the rental vehicle to the rental company; (ii) file a police report within the 24-hour period after discovery of the rental vehicle theft; and (iii) fully cooperate with the rental company, law enforcement agency, or any other authority in all matters connected to the investigation of the stolen rental vehicle.

Bill Text

What changed in the latest version

713 added · 108 removed

Plain-language change summary

The recent amendments to SB 2641 clarify the definition of "renting" when it comes to automobiles, specifying that it includes private vehicle facilitation but excludes scenarios where the rental company maintains operational control of the vehicle. Additionally, changes were made to the guidelines around damage waivers, ensuring that rental companies cannot void these waivers arbitrarily. These adjustments matter because they aim to protect consumers by offering clearer terms and safeguarding their interests in rental agreements.

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SB2641 Engrossed LRB100 15797 AXK 30905 b AN ACT concerning transportation.
SB2641 Enrolled LRB100 15797 AXK 30905 b AN ACT concerning transportation.
The Renter's Financial Responsibility and Protection Act is amended by changing Section 15 as follows:
The Automobile Renting Occupation and Use Tax Act is amended by changing Section 2 as follows:
(625 ILCS 27/15) (Text of Section before amendment by P.A.
(35 ILCS 155/2) (from Ch.
100-312) Sec.
120, par.
15.
1702) Sec.
Prohibited practices.
2.
(a) A rental company may not sell a damage waiver unless the renter agrees to the damage waiver in writing at or prior to the time the rental agreement is executed.
Definitions.
(b) A rental company may not void a damage waiver except for one or more of the following reasons:
"Renting" means any transfer of the possession or right to possession of an automobile to a user for a valuable consideration for a period of one year or less, including the facilitation of a privately-owned passenger motor vehicle for use by persons other than the vehicle's registered owner as an part of a car facilitation transaction, as defined in Section 1-110.06 of the Illinois Vehicle Code.
(1) Damage or loss while the rental vehicle is used to carry persons or property for a charge or fee.
"Renting" does not include making a charge for the use of an automobile where the rentor, either himself or through an agent, furnishes a service of operating an automobile so that the rentor remains in possession of the automobile, because this does not constitute a transfer of possession or right to possession of the automobile.
(2) Damage or loss during an organized or agreed upon racing or speed contest or demonstration or pushing or pulling activity in which the rental vehicle is actively involved.
"Renting" does not include the making of a charge by an automobile dealer for the use of an automobile as a demonstrator in connection with the dealer's business of selling, where the charge is merely made to recover the costs SB2641 Enrolled - 2 - LRB100 15797 AXK 30905 b of operating the automobile as a demonstrator and is not intended as a rental or leasing charge in the ordinary sense.
(3) Damage or loss that could reasonably be expected from an intentional or criminal act of the driver other than a traffic infraction.
"Automobile" means (1) any motor vehicle of the first division, or (2) a motor vehicle of the second division which:
(4) Damage or loss to any rental vehicle resulting from SB2641 Engrossed - 2 - LRB100 15797 AXK 30905 b any auto business operation, including but not limited to repairing, servicing, testing, washing, parking, storing, or selling of automobiles.
(A) is a self-contained motor vehicle designed or permanently converted to provide living quarters for recreational, camping or travel use, with direct walk through access to the living quarters from the driver's seat;
(5) Damage or loss occurring to a rental vehicle if the rental contract is based on fraudulent or material misrepresentation by the renter.
(B) is of the van configuration designed for the transportation of not less than 7 nor more than 16 passengers, as defined in Section 1-146 of the Illinois Vehicle Code;
(6) Damage or loss arising out of the use of the rental vehicle outside the continental United States when such use is specifically prohibited in the rental agreement.
or (C) has a Gross Vehicle Weight Rating, as defined in Section 1-124.5 of the Illinois Vehicle Code, of 8,000 pounds or less.
(7) Damage or loss occurring while the rental vehicle is operated by a driver not permitted under the rental agreement.
"Department" means the Department of Revenue.
(8) Damage or loss occurring while the rental vehicle is operated by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and convicted of violating subsection (a) of Section 11-501 of the Illinois Vehicle Code.
"Person" means any natural individual, firm, partnership, association, joint stock company, joint adventure, public or private corporation, limited liability company, or a receiver, executor, trustee, conservator or other representative appointed by order of any court.
(c) A rental company shall not charge more than $12.50 per full or partial 24 hour rental day for a collision damage waiver prior to January 1, 2014.
"Rentor" means any person, firm, corporation or association engaged in the business of renting or leasing automobiles to users.
Beginning January 1, 2014, a rental company shall not charge more than $13.50 per full or partial 24 hour rental day for a collision damage waiver.
For this purpose, the objective of making a profit is not necessary to make the renting activity a business.
(d) A rental company may offer a collision damage waiver on any rental vehicle having a value in excess of a Manufacturer's Suggested Retail Price (MSRP) of $50,000;
"Rentee" means any user to whom the possession, or the right to possession, of an automobile is transferred for a SB2641 Enrolled - 3 - LRB100 15797 AXK 30905 b valuable consideration for a period of one year or less, whether paid for by the "rentee" or by someone else.
however, the SB2641 Engrossed - 3 - LRB100 15797 AXK 30905 b provisions of subsection (c) of this Section shall not apply to collision damage waivers under this subsection (d).
"Gross receipts" from the renting of tangible personal property or "rent" means the total rental price or leasing price.
In the case of rental transactions in which the consideration is paid to the rentor on an installment basis, the amounts of such payments shall be included by the rentor in gross receipts or rent only as and when payments are received by the rentor.
"Gross receipts" does not include receipts received by an automobile dealer from a manufacturer or service contract provider for the use of an automobile by a person while that person's automobile is being repaired by that automobile dealer and the repair is made pursuant to a manufacturer's warranty or a service contract where a manufacturer or service contract provider reimburses that automobile dealer pursuant to a manufacturer's warranty or a service contract and the reimbursement is merely made to recover the costs of operating the automobile as a loaner vehicle.
"Rental price" means the consideration for renting or leasing an automobile valued in money, whether received in money or otherwise, including cash credits, property and services, and shall be determined without any deduction on account of the cost of the property rented, the cost of materials used, labor or service cost, or any other expense whatsoever, but does not include charges that are added by a SB2641 Enrolled - 4 - LRB100 15797 AXK 30905 b rentor on account of the rentor's tax liability under this Act or on account of the rentor's duty to collect, from the rentee, the tax that is imposed by Section 4 of this Act.
The phrase "rental price" does not include compensation paid to a rentor by a rentee in consideration of the waiver by the rentor of any right of action or claim against the rentee for loss or damage to the automobile rented and also does not include a separately stated charge for insurance or recovery of refueling costs or other separately stated charges that are not for the use of tangible personal property.
98-428, eff.
98-574, eff.
8-16-13;
1-1-14.) Section 10.
99-201, eff.
The Counties Code is amended by changing Section 5-1032 as follows:
10-1-15.) (Text of Section after amendment by P.A.
(55 ILCS 5/5-1032) (from Ch.
100-312) Sec.
34, par.
15.
5-1032) Sec.
Prohibited practices.
5-1032.
(a) A rental company may not sell a damage waiver unless the renter agrees to the damage waiver in writing at or prior to the time the rental agreement is executed.
County Automobile Renting Occupation Tax.
(b) A rental company may not void a damage waiver except for one or more of the following reasons:
The corporate authorities of a county may impose a tax upon all persons engaged in the business of renting automobiles in the county, but outside any municipality, at the rate of not to exceed 1% of the gross receipts from such business.
(1) Damage or loss while the rental vehicle is used to carry persons or property for a charge or fee.
For the purposes of imposing a tax under this Section, the facilitation of a privately-owned passenger motor vehicle for use by a person other than the vehicle's registered owner as a part of a car facilitation transaction, as defined in Section 1-110.06 of the Illinois Vehicle Code, constitutes engaging in the business SB2641 Enrolled - 5 - LRB100 15797 AXK 30905 b of renting automobiles in the county.
(2) Damage or loss during an organized or agreed upon racing or speed contest or demonstration or pushing or pulling activity in which the rental vehicle is actively involved.
The tax imposed by a county pursuant to this Section and all civil penalties that may be assessed as an Incident thereof shall be collected and enforced by the State Department of Revenue.
(3) Damage or loss that could reasonably be expected from an intentional or criminal act of the driver other than a traffic infraction.
The certificate of registration which is issued by the Department to a retailer under the "Retailers' Occupation Tax Act", approved June 23, 1933, as amended, or under the "Automobile Renting Occupation and Use Tax Act", enacted by the Eighty-Second General Assembly, shall permit such person to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this Section without registering separately with the Department under such ordinance or resolution or under this Section.
(4) Damage or loss to any rental vehicle resulting from any auto business operation, including but not limited to repairing, servicing, testing, washing, parking, storing, or selling of automobiles.
The Department shall have full power to administer and enforce this Section;
(5) Damage or loss occurring to a rental vehicle if the rental contract is based on fraudulent or material SB2641 Engrossed - 4 - LRB100 15797 AXK 30905 b misrepresentation by the renter.
to collect all taxes and penalties due hereunder;
(6) Damage or loss arising out of the use of the rental vehicle outside the continental United States when such use is specifically prohibited in the rental agreement.
to dispose of taxes and penalties so collected in the manner hereinafter provided, and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax or penalty hereunder.
(7) Damage or loss occurring while the rental vehicle is operated by a driver not permitted under the rental agreement.
In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 2 and 3 (in respect to all provisions therein other than the State rate of tax;
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(8) Damage or loss occurring while the rental vehicle is operated by a driver under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof and convicted of violating subsection (a) of Section 11-501 of the Illinois Vehicle Code.
and with relation to the provisions of the "Retailers' Occupation SB2641 Enrolled - 6 - LRB100 15797 AXK 30905 b Tax" referred to therein, except as to the disposition of taxes and penalties collected, and except for the provision allowing retailers a deduction from the tax to cover certain costs, and except that credit memoranda issued hereunder may not be used to discharge any State tax liability) of the "Automobile Renting Occupation and Use Tax Act", as the same are now or may hereafter be amended, as fully as if provisions contained in those Sections of said Act were set forth herein.
(9) Damage or loss to the rental vehicle if the rental vehicle is stolen and the renter fails to:
Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their tax liability hereunder by separately stating such tax as an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the "Automobile Renting Occupation and Use Tax Act" pursuant to such bracket schedules as the Department may prescribe.
(i) return the rental vehicle's ignition key and key tag identifying the rental vehicle to the rental vehicle company;
Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department.
(ii) file a police report within the 24-hour period after discovery of the rental vehicle theft;
Such refund shall be paid by the State Treasurer out of the county automobile renting tax fund.
and (iii) fully cooperate with the rental company, law enforcement agency, or any other authority in all matters connected to the investigation of the stolen rental vehicle.
The Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes and penalties collected hereunder.
(c) (Blank).
On or before the 25th day of each calendar SB2641 Enrolled - 7 - LRB100 15797 AXK 30905 b month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named counties from which rentors have paid taxes or penalties hereunder to the Department during the second preceding calendar month.
(d) (Blank).
The amount to be paid to each county shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such county, less 2% of such balance, which sum shall be retained by the State Treasurer to cover the costs incurred by the Department in administering and enforcing this Section as provided herein.
The Department at the time of each monthly disbursement to the counties shall prepare and certify to the Comptroller the amount, so retained by the State Treasurer, to be paid into the General Revenue Fund of the State Treasury.
Within 10 days after receipt, by the Comptroller, of the disbursement certification to the counties and the General Revenue Fund, provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification.
Nothing in this Section shall be construed to authorize a county to impose a tax upon the privilege of engaging in any business which under the constitution of the United States may SB2641 Enrolled - 8 - LRB100 15797 AXK 30905 b not be made the subject of taxation by this State.
An ordinance or resolution imposing a tax hereunder or effecting a change in the rate thereof shall be effective on the first day of the calendar month next following the month in which such ordinance or resolution is passed.
The corporate authorities of any county which levies a tax authorized by this Section shall transmit to the Department of Revenue on or not later than 5 days after passage of the ordinance or resolution a certified copy of the ordinance or resolution imposing such tax whereupon the Department of Revenue shall proceed to administer and enforce this Section on behalf of such county as of the effective date of the ordinance or resolution.
Upon a change in rate of a tax levied hereunder, or upon the discontinuance of the tax, the corporate authorities of the county shall on or not later than 5 days after passage of the ordinance or resolution discontinuing the tax or effecting a change in rate transmit to the Department of Revenue a certified copy of the ordinance or resolution effecting such change or discontinuance.
The Department of Revenue must upon the request of the County Clerk or County Board submit to a county a list of those persons who are registered with the Department to pay automobile renting occupation tax within the unincorporated area of that governmental unit.
This list shall contain only the names of persons who have paid the tax and not the amount of tax paid by such person.
SB2641 Enrolled - 9 - LRB100 15797 AXK 30905 b This Section shall be known and may be cited as the "County Automobile Renting Occupation Tax Law".
99-201, eff.
86-962.) Section 15.
10-1-15;
The Illinois Municipal Code is amended by changing Section 8-11-7 as follows:
100-312, eff.
(65 ILCS 5/8-11-7) (from Ch.
1-1-18.) SB2641 Engrossed - 5 - LRB100 15797 AXK 30905 b Section 95.
24, par.
No acceleration or delay.
8-11-7) Sec.
Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.
8-11-7.
The corporate authorities of a municipality may impose a tax upon all persons engaged in the business of renting automobiles in the municipality at the rate of not to exceed 1% of the gross receipts from such business.
For the purposes of imposing a tax under this Section, the facilitation of a privately-owned passenger motor vehicle for use by a person other than the vehicle's registered owner as a part of a car facilitation transaction, as defined in Section 1-110.06 of the Illinois Vehicle Code, constitutes engaging in the business of renting automobiles in the municipality.
The tax imposed by a municipality pursuant to this Section and all civil penalties that may be assessed as an incident thereof shall be collected and enforced by the State Department of Revenue.
The certificate of registration which is issued by the Department to a retailer under the Retailers' Occupation Tax Act or under the Automobile Renting Occupation and Use Tax Act shall permit such person to engage in a business which is taxable under any ordinance or resolution enacted pursuant to this Section SB2641 Enrolled - 10 - LRB100 15797 AXK 30905 b without registering separately with the Department under such ordinance or resolution or under this Section.
The Department shall have full power to administer and enforce this Section;
to collect all taxes and penalties due hereunder;
to dispose of taxes and penalties so collected in the manner hereinafter provided;
and to determine all rights to credit memoranda, arising on account of the erroneous payment of tax or penalty hereunder.
In the administration of, and compliance with, this Section, the Department and persons who are subject to this Section shall have the same rights, remedies, privileges, immunities, powers and duties, and be subject to the same conditions, restrictions, limitations, penalties and definitions of terms, and employ the same modes of procedure, as are prescribed in Sections 2 and 3 (in respect to all provisions therein other than the State rate of tax;
and with relation to the provisions of the "Retailers' Occupation Tax" referred to therein, except as to the disposition of taxes and penalties collected, and except for the provision allowing retailers a deduction from the tax to cover certain costs, and except that credit memoranda issued hereunder may not be used to discharge any State tax liability) of the Automobile Renting Occupation and Use Tax Act, as fully as if those provisions were set forth herein.
Persons subject to any tax imposed pursuant to the authority granted in this Section may reimburse themselves for their tax liability hereunder by separately stating such tax as SB2641 Enrolled - 11 - LRB100 15797 AXK 30905 b an additional charge, which charge may be stated in combination, in a single amount, with State tax which sellers are required to collect under the Automobile Renting Occupation and Use Tax Act pursuant to such bracket schedules as the Department may prescribe.
Whenever the Department determines that a refund should be made under this Section to a claimant instead of issuing a credit memorandum, the Department shall notify the State Comptroller, who shall cause the order to be drawn for the amount specified, and to the person named, in such notification from the Department.
Such refund shall be paid by the State Treasurer out of the municipal automobile renting tax fund.
The Department shall forthwith pay over to the State Treasurer, ex-officio, as trustee, all taxes and penalties collected hereunder.
On or before the 25th day of each calendar month, the Department shall prepare and certify to the Comptroller the disbursement of stated sums of money to named municipalities, the municipalities to be those from which rentors have paid taxes or penalties hereunder to the Department during the second preceding calendar month.
The amount to be paid to each municipality shall be the amount (not including credit memoranda) collected hereunder during the second preceding calendar month by the Department, and not including an amount equal to the amount of refunds made during the second preceding calendar month by the Department on behalf of such municipality, less 1.6% of such balance, which sum SB2641 Enrolled - 12 - LRB100 15797 AXK 30905 b shall be retained by the State Treasurer to cover the costs incurred by the Department in administering and enforcing this Section as provided herein.
The Department at the time of each monthly disbursement to the municipalities shall prepare and certify to the Comptroller the amount, so retained by the State Treasurer, to be paid into the General Revenue Fund of the State Treasury.
Within 10 days after receipt, by the Comptroller, of the disbursement certification to the municipalities and the General Revenue Fund, provided for in this Section to be given to the Comptroller by the Department, the Comptroller shall cause the orders to be drawn for the respective amounts in accordance with the directions contained in such certification.
Nothing in this Section shall be construed to authorize a municipality to impose a tax upon the privilege of engaging in any business which under the Constitution of the United States may not be made the subject of taxation by this State.
An ordinance or resolution imposing a tax hereunder or effecting a change in the rate thereof shall be effective on the first day of the calendar month next following publication as provided in Section 1-2-4.
The corporate authorities of any municipality which levies a tax authorized by this Section shall transmit to the Department of Revenue on or not later than 5 days after publication a certified copy of the ordinance or resolution imposing such tax whereupon the Department of Revenue shall proceed to administer and enforce this Section on SB2641 Enrolled - 13 - LRB100 15797 AXK 30905 b behalf of such municipality as of the effective date of the ordinance or resolution.
Upon a change in rate of a tax levied hereunder, or upon the discontinuance of the tax, the corporate authorities of the municipality shall on or not later than 5 days after publication of the ordinance or resolution discontinuing the tax or effecting a change in rate transmit to the Department of Revenue a certified copy of the ordinance or resolution effecting such change or discontinuance.
The Department of Revenue must upon the request of the municipal clerk, city council or village board of trustees submit to a city, village or incorporated town a list of those persons who are registered with the Department to pay automobile renting occupation tax within that governmental unit.
This list shall contain only the names of persons who have paid the tax and not the amount of tax paid by such person.
As used in this Section, "municipal" and "municipality" means a city, village or incorporated town, including an incorporated town which has superseded a civil township.
This Section shall be known and may be cited as the "Municipal Automobile Renting Occupation Tax Act".
(Source:
P.A.
86-1475.) Section 20.
The Illinois Vehicle Code is amended by changing Sections 6-305.3 and 9-101 and by adding Sections 1-110.05, 1-110.06, 1-146.7, and 1-171.01e as follows:
SB2641 Enrolled - 14 - LRB100 15797 AXK 30905 b (625 ILCS 5/1-110.05 new) Sec.
1-110.05.
Car facilitation company.
A legal entity qualified to do business in this State engaged in the business of facilitating the use, rental, or sharing of privately-owned passenger motor vehicles for noncommercial use by individuals within this State.
"Car facilitation company" does not include the registered owner of the vehicle involved in a car facilitation transaction facilitated by a car facilitation company.
(625 ILCS 5/1-110.06 new) Sec.
1-110.06.
Car facilitation transaction.
The use of a privately-owned passenger motor vehicle by a person other than the vehicle's registered owner as facilitated by a car facilitation company.
(625 ILCS 5/1-146.7 new) Sec.
1-146.7.
Motor vehicle rental company.
Any person or entity whose primary business is renting motor vehicles to the public for 30 days or less, including a car facilitation company as defined in Section 1-110.05.
"Motor vehicle rental company" also includes a rental car company, rental car agency, automobile rental company, vehicle rental company, rental owner, or any other similar entity that engages in the rental of motor vehicles to the public.
SB2641 Enrolled - 15 - LRB100 15797 AXK 30905 b (625 ILCS 5/1-171.01e new) Sec.
1-171.01e.
Rental agreement.
An agreement for 30 days or less setting forth the terms and conditions governing the use of a motor vehicle provided by a motor vehicle rental company.
(625 ILCS 5/6-305.3) Sec.
6-305.3.
Vehicle license cost recovery fee.
(a) As used in this Section:
"Motor vehicle rental company" has the meaning ascribed to it in Section 1-146.7 of this Code 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" has the meaning ascribed to it in Section 1-171.01e of this Code 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 SB2641 Enrolled - 16 - LRB100 15797 AXK 30905 b 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 SB2641 Enrolled - 17 - LRB100 15797 AXK 30905 b VLCRF during the calendar year.
(Source:
P.A.
96-37, eff.
7-13-09;
97-595, eff.
8-26-11.) (625 ILCS 5/9-101) (from Ch.
95 1/2, par.
9-101) Sec.
9-101.
Owner of for-rent motor vehicle to give proof of financial responsibility.
For purposes of this Chapter, "for rent" means any transfer of the possession of or right to possession of a motor vehicle to a user for a valuable consideration for a period of less than one year, and "to lease" means any transfer of the possession of or right to possession of a motor vehicle to a user for a period of one year or more.
It is unlawful for the owner of any motor vehicle to engage in the business, or to hold himself out to the public generally as being engaged in the business of renting out such motor vehicle to be operated by the customer, unless the owner has given, and there is in full force and effect and on file with the Secretary of State proof of financial responsibility as hereinafter provided.
For the purposes of this Section, the facilitation of a privately-owned passenger motor vehicle for use by a person other than the vehicle's registered owner as a part of a car facilitation transaction shall constitute engaging in the business of renting out motor vehicles in this State.
For the purposes of providing proof of financial responsibility under this Section, a car facilitation company shall be considered the owner of the vehicle and financially responsible for that vehicle at any time the vehicle is used in SB2641 Enrolled - 18 - LRB100 15797 AXK 30905 b a car facilitation transaction facilitated by that company and under the operation and control of a person other than the vehicle's registered owner.
The delivery of a vehicle owned by an out of State person or business to a renter in this State shall constitute engaging in the rental business in this State for purposes of this Section.
All owners of motor vehicles which are leased for a period of one year or more are not required to provide proof of insurance as required under this chapter, but instead must comply with Section 7-601 of this Code and obtain vehicle insurance in amounts no less than the minimum amount set for bodily injury or death and for destruction of property pursuant to Section 7-203 of this Code.
(Source:
P.A.
86-880;
87-1220.) Section 25.
The Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act is amended by changing Section 45 as follows:
(625 ILCS 7/45) Sec.
45.
Vehicle rental or leasing company's identification of a renter or lessee.
(a) A Uniform Traffic Citation issued under this Act to a motor vehicle rental or leasing company shall be dismissed with respect to the rental or leasing company if:
(1) the company responds to the Uniform Traffic SB2641 Enrolled - 19 - LRB100 15797 AXK 30905 b Citation by submitting, within 30 days of the mailing of the citation, an affidavit of non-liability stating that, at the time of the alleged speeding or other traffic violation, the vehicle was in the custody and control of a renter or lessee under the terms of a rental agreement or lease;
and (2) the company provides the driver's license number, name, and address of the renter or lessee.
(a-5) A Uniform Traffic Citation issued under this Act to the registered owner of a vehicle used in a car facilitation transaction, as defined in Section 1-110.06 of the Illinois Vehicle Code, shall be dismissed with respect to the registered owner if:
(1) the registered owner responds to the Uniform Traffic Citation by submitting, within 30 days of the mailing of the citation, an affidavit of non-liability stating that, at the time of the alleged speeding or other traffic violation, the vehicle was under the operation and control of a person other than the vehicle's registered owner under a car facilitation transaction facilitated by a car facilitation company;
and (2) the registered owner provides proof of the transaction facilitated by the car facilitation company between the registered owner of the vehicle and the driver of the vehicle during the alleged violation.
(b) A Uniform Traffic Citation dismissed with respect to a SB2641 Enrolled - 20 - LRB100 15797 AXK 30905 b motor vehicle rental or leasing company in accordance with subsection (a) may then be issued and delivered by mail or other means to the renter or lessee identified in the affidavit of non-liability.
(Source:
P.A.
93-947, eff.
8-19-04.) Section 30.
The Renter's Financial Responsibility and Protection Act is amended by changing Section 10 and by adding Section 30 as follows:
(625 ILCS 27/10) Sec.
10.
Definitions.
As used in this Act:
"Car facilitation company" means a legal entity qualified to do business in this State engaged in the business of facilitating the use, rental, or sharing of privately-owned passenger motor vehicles for noncommercial use by individuals within this State.
"Car facilitation company" does not include the registered owner of the vehicle facilitated by a car facilitation company for the purpose of car facilitation.
"Car facilitation transaction" means the use of a privately-owned passenger motor vehicle by a person other than the vehicle's registered owner as facilitated by a car facilitation company.
"Rental Company" means a person or entity that rents private passenger vehicles to the public for 30 days or less.
"Rental company" includes a car facilitation company.
SB2641 Enrolled - 21 - LRB100 15797 AXK 30905 b "Renter" means a person or entity that obtains the use of a private passenger vehicle from a rental company under terms of a rental agreement.
"Rental Agreement" means an agreement for 30 days or less setting forth the terms and conditions governing the use of a private passenger vehicle provided by a rental company.
"Authorized Driver" means:
the renter;
the renter's spouse if the spouse is a licensed driver and satisfies the rental company's minimum age requirement;
the renter's employer, employee, or co-worker if that person is a licensed driver, satisfies the rental company's minimum age requirement, and at the time of the rental is engaged in a business activity with the renter;
any person who is expressly listed by the rental company on the rental agreement as an authorized driver;
and any person driving directly to a medical or police facility under circumstances reasonably believed to constitute an emergency and who is a licensed driver.
"Damage Waiver" means a rental company's agreement not to hold an authorized driver liable for all or a part of any damage to or loss of a rented vehicle for which the renter may be liable pursuant to Section 6-305.2.
"Damage Waiver" shall encompass within its meaning other similar terms used by rental companies, such as "Collision Damage Waiver", "Loss Damage Waiver", "Physical Damage Waiver", and the like.
(Source:
P.A.
90-113, eff.
7-14-97.) SB2641 Enrolled - 22 - LRB100 15797 AXK 30905 b (625 ILCS 27/30 new) Sec.
30.
Car facilitation company obligations and liability.
(a) Notwithstanding any provision to the contrary, a rental company that is a car facilitation company shall, when applicable, be subject to the statutory and regulatory obligations pertaining to all motor vehicle rental companies.
(b) If any loss or injury occurs at any time a vehicle is under the operation and control of a person other than the vehicle's registered owner under a car facilitation transaction facilitated by a car facilitation company, the company shall assume all liability of the registered owner of the vehicle used in the car facilitation transaction and shall be considered the vehicle's owner for all purposes.
(c) A car facilitation company continues to be liable under subsection (b) of this Section until the vehicle is returned to a location designated by the company, and one of the following occur:
(1) the expiration of the car facilitation period established for the vehicle occurs;
(2) the intent to terminate the vehicle's car facilitation transaction is verifiably communicated to the company;
or (3) the vehicle's registered owner takes possession and control of the vehicle.
If any loss giving rise to a claim occurs, the car SB2641 Enrolled - 23 - LRB100 15797 AXK 30905 b facilitation company shall initially assume liability for a claim in which a dispute exists as to who was in control of the vehicle and seek indemnification if it is later determined that the registered owner was in possession of the vehicle.
(d) At no time shall the registered owner of the vehicle or the owner's insurer be held liable for any loss, injury, damage, or violation involving his or her vehicle occurring during a car facilitation transaction unless it is shown that the registered owner was operating or in control of the vehicle at the time of the loss, injury, damage, or violation.
(e) Notwithstanding any provision to the contrary, for the purpose of the issuance of a civil penalty for a violation of Section 11-208.6, 11-208.8, 11-208.9, or 11-1201.1 of the Illinois Vehicle Code, the violation shall be dismissed with respect to the registered owner of the vehicle, and the car facilitation company shall be considered the vehicle's owner for purposes of violation, if:
(1) the registered owner responds to the citation by submitting, within 30 days of the mailing of the citation, an affidavit of non-liability stating that, at the time of the alleged violation, the vehicle was under the operation and control of a person other than the vehicle's registered owner under a car facilitation transaction facilitated by a car facilitation company;
and (2) the registered owner provides proof of the transaction facilitated by the car facilitation company SB2641 Enrolled - 24 - LRB100 15797 AXK 30905 b with the driver of his or her vehicle during the alleged violation.
(f) Nothing in this Section shall limit the liability of the car facilitation company for any acts or omissions by the company that result in injury to any persons as a result of the use or operation of a vehicle during a car facilitation transaction.
(g) For the purpose of the allocation of liability for a private passenger vehicle used in relation to a motor vehicle rental company that is a car facilitation company, as defined in Section 1-110.05 of the Illinois Vehicle Code, the car facilitation company shall assume liability if any damage to the vehicle occurs:
(1) at any time when the vehicle is not in possession of the vehicle's registered owner and at the car facilitation company's designated location or other location designated for the car facilitation transaction while being made available to rent;
(2) under the operation and control of a person other than the vehicle's registered owner under a car facilitation transaction facilitated by that company;
or (3) at the car facilitation company's designated area or other location designated for the car facilitation transaction not being made available to rent, but not yet in the possession of the vehicle's registered owner.
Nothing in this subsection (g) prevents a car facilitation SB2641 Enrolled - 25 - LRB100 15797 AXK 30905 b company from holding a renter in a car facilitation transaction liable to the extent permitted under this Section.
A car facilitation company continues to be liable under this subsection (g) until the end of the car facilitation transaction as described in subsection (c) of this Section or as described in this subsection (g).
At no time shall the registered owner of the vehicle or the owner's insurer be liable for any exposure, including negligent entrustment, of the vehicle involved in a car facilitation transaction.
(h) Notwithstanding any other law and unless otherwise excluded, an owner's insurer may exclude any and all coverage and the duty to defend or indemnify for any claim made under a car facilitation transaction.
(i) An owner's insurer that defends or indemnifies a claim against its insured that is determined to be excluded under the terms of its policy shall have the right to seek contribution against the insurer of the car facilitation company, if the claim is:
(1) made against the registered owner of the vehicle or renter in the car facilitation transaction for loss or injury that occurs during the car facilitation transaction;
and (2) excluded under the terms of the insurer's policy.
(j) Nothing in this Section invalidates or limits an exclusion contained in an owner's insurance policy for any coverage included in the policy.
SB2641 Enrolled - 26 - LRB100 15797 AXK 30905 b (k) An owner's insurer may deny issuance of, cancel, void, terminate, rescind, or deny renewal of an insurance policy covering a motor vehicle that has been made available for a car facilitation transaction if the applicant or policyholder of the insurance policy fails to provide complete and accurate information about the use of a motor vehicle through a car facilitation transaction as requested by the insurer during the application or renewal process of the insurance policy.
(l) Nothing in this Section requires any owner's insurance policy to:
(1) provide primary or excess coverage during the car facilitation transaction;
(2) imply that any insurance policy provides coverage for a motor vehicle during the car facilitation transaction;
or (3) preclude an insurer from providing coverage for a vehicle while the vehicle is made available or used through a car facilitation transaction if the insurer elects to do so by contract or endorsement.
(m) The car facilitation company shall collect and verify records pertaining to the use of a vehicle, including, but not limited to, times used, fees paid by the rentor, and revenues received by the vehicle owner, and provide that information upon request to the registered vehicle owner, the owner's insurer, or and the insurer of a person operating the vehicle during the car facilitation transaction when a claim has been SB2641 Enrolled - 27 - LRB100 15797 AXK 30905 b made against an insured involving a dispute as to whether the insurer's policy of the registered vehicle owner or the person operating the vehicle and shall retain the records for a reasonable period after the expiration of the applicable personal injury statute of limitations.
(n) The car facilitation company shall have sole responsibility for any equipment, such as a GPS system or other special equipment, that is put in or on the vehicle to monitor or facilitate the transaction, and shall agree to indemnify and hold harmless the vehicle owner for any damage to or theft of such equipment.
(o) The car facilitation company shall:
(1) verify that the registered vehicle does not have any safety recalls on the vehicle for which the repairs have not been made;
and (2) notify the owner of the registered vehicle of the requirements under subsection (p) of this Section.
(p) If the registered vehicle owner has received an actual notice of a safety recall on the motor vehicle, the vehicle's registered owner may not make the motor vehicle available through the car facilitation company until the safety recall repair has been made.
If the vehicle's registered owner receives an actual notice of a safety recall on a registered vehicle while the registered vehicle is made available or in use through the car facilitation company, the registered vehicle owner shall SB2641 Enrolled - 28 - LRB100 15797 AXK 30905 b remove the shared motor vehicle from participation as soon as practicably possible, but no later than 72 hours after receiving the notice of the safety recall and shall not allow the vehicle to be used in a car facilitation transaction until the safety recall repair has been made.
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Action History

  1. Bill Dead - Amendatory Veto

  2. Alternate Co-Sponsor Removed Rep. Joe Sosnowski

  3. Alternate Co-Sponsor Removed Rep. Thomas M. Bennett

  4. Motion Filed Override Amendatory Veto Rep. Arthur Turner

  5. Placed on Calendar Amendatory Veto

  6. Arrived in House

  7. Override Amendatory Veto - Senate Passed 039-012-003

  8. 3/5 Vote Required

  9. Motion Filed Override Amendatory Veto Sen. Antonio Muñoz

  10. Placed on Calendar Amendatory Veto November 14, 2018

  11. Governor Amendatory Veto

  12. Sent to the Governor

  13. Passed Both Houses

  14. Senate Concurs

  15. House Floor Amendment No. 4 Senate Concurs 034-007-007

  16. House Floor Amendment No. 3 Senate Concurs 034-007-007

  17. House Committee Amendment No. 2 Senate Concurs 034-007-007

  18. Added as Co-Sponsor Sen. Kimberly A. Lightford

  19. House Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Transportation; 017-001-000

  20. House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Transportation; 017-001-000

  21. House Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Transportation; 017-001-000

  22. Added as Co-Sponsor Sen. Mattie Hunter

  23. House Floor Amendment No. 4 Motion to Concur Assignments Referred to Transportation

  24. House Floor Amendment No. 3 Motion to Concur Assignments Referred to Transportation

  25. House Committee Amendment No. 2 Motion to Concur Assignments Referred to Transportation

  26. Added as Co-Sponsor Sen. Michael E. Hastings

  27. House Floor Amendment No. 4 Motion to Concur Referred to Assignments

  28. House Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Antonio Muñoz

  29. House Floor Amendment No. 3 Motion to Concur Referred to Assignments

  30. House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Antonio Muñoz

  31. House Committee Amendment No. 2 Motion to Concur Referred to Assignments

  32. House Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Antonio Muñoz

  33. Placed on Calendar Order of Concurrence House Amendment(s) 2, 3, 4 - May 30, 2018

  34. Secretary's Desk - Concurrence House Amendment(s) 2, 3, 4

  35. Motion to Reconsider Vote - Withdrawn Rep. Jehan Gordon-Booth

  36. Motion Filed to Reconsider Vote Rep. Jehan Gordon-Booth

  37. Third Reading - Short Debate - Passed 078-034-001

  38. Placed on Calendar Order of 3rd Reading - Short Debate

  39. House Floor Amendment No. 4 Fiscal Note Request as Amended is Inapplicable

  40. House Floor Amendment No. 3 Fiscal Note Request as Amended is Inapplicable

  41. Motion Prevailed 061-047-000

  42. Note / Motion Filed - Note Act Does Not Apply Rep. Arthur Turner

  43. House Floor Amendment No. 4 Judicial Note Filed as Amended

  44. House Floor Amendment No. 3 Judicial Note Filed as Amended

  45. Added Alternate Co-Sponsor Rep. Jonathan Carroll

  46. Held on Calendar Order of Second Reading - Short Debate

  47. House Floor Amendment No. 4 Adopted

  48. House Floor Amendment No. 3 Adopted

  49. House Floor Amendment No. 4 Home Rule Note Filed as Amended

  50. House Floor Amendment No. 3 Home Rule Note Filed as Amended

  51. House Floor Amendment No. 4 State Mandates Fiscal Note Filed as Amended

  52. House Floor Amendment No. 3 State Mandates Fiscal Note Filed as Amended

  53. House Floor Amendment No. 4 Balanced Budget Note Filed as Amended

  54. House Floor Amendment No. 3 Balanced Budget Note Filed as Amended

  55. House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000

  56. House Floor Amendment No. 4 Judicial Note Requested as Amended by Rep. David A. Welter

  57. House Floor Amendment No. 3 Judicial Note Requested as Amended by Rep. David A. Welter

  58. House Floor Amendment No. 4 Home Rule Note Requested as Amended by Rep. David A. Welter

  59. House Floor Amendment No. 3 Home Rule Note Requested as Amended by Rep. David A. Welter

  60. House Floor Amendment No. 4 Balanced Budget Note Requested as Amended by Rep. David A. Welter

  61. House Floor Amendment No. 3 Balanced Budget Note Requested as Amended by Rep. David A. Welter

  62. House Floor Amendment No. 4 State Mandates Fiscal Note Requested as Amended by Rep. David A. Welter

  63. House Floor Amendment No. 3 State Mandates Fiscal Note Requested as Amended by Rep. David A. Welter

  64. House Floor Amendment No. 4 Fiscal Note Requested as Amended by Rep. David A. Welter

  65. House Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. David A. Welter

  66. House Floor Amendment No. 4 Referred to Rules Committee

  67. House Floor Amendment No. 4 Filed with Clerk by Rep. Arthur Turner

  68. House Floor Amendment No. 3 Recommends Be Adopted Executive Committee; 011-000-000

  69. Held on Calendar Order of Second Reading - Short Debate

  70. Recalled to Second Reading - Short Debate

  71. Placed on Calendar Order of 3rd Reading - Short Debate

  72. Alternate Co-Sponsor Removed Rep. Elizabeth Hernandez

  73. House Floor Amendment No. 3 Rules Refers to Executive Committee

  74. Final Action Deadline Extended-9(b) May 31, 2018

  75. House Floor Amendment No. 3 Referred to Rules Committee

  76. House Floor Amendment No. 3 Filed with Clerk by Rep. Arthur Turner

  77. Sponsor Removed Sen. William R. Haine

  78. Held on Calendar Order of Second Reading - Short Debate

  79. Second Reading - Short Debate

  80. Placed on Calendar 2nd Reading - Short Debate

  81. House Committee Amendment No. 1 Tabled Pursuant to Rule 40

  82. Do Pass as Amended / Short Debate Executive Committee; 011-000-000

  83. House Committee Amendment No. 2 Adopted in Executive Committee; by Voice Vote

  84. Added as Co-Sponsor Sen. Patricia Van Pelt

  85. Added as Co-Sponsor Sen. William R. Haine

  86. Added Alternate Co-Sponsor Rep. Brian W. Stewart

  87. House Committee Amendment No. 2 Rules Refers to Executive Committee

  88. Added Alternate Co-Sponsor Rep. Emanuel Chris Welch

  89. Added as Co-Sponsor Sen. Karen McConnaughay

  90. Added Alternate Co-Sponsor Rep. Sheri Jesiel

  91. Added Alternate Co-Sponsor Rep. Robert W. Pritchard

  92. Added Alternate Co-Sponsor Rep. David B. Reis

  93. House Committee Amendment No. 2 Referred to Rules Committee

  94. House Committee Amendment No. 2 Filed with Clerk by Rep. Arthur Turner

  95. Added as Co-Sponsor Sen. Sue Rezin

  96. Added Alternate Co-Sponsor Rep. Chad Hays

  97. Added Alternate Co-Sponsor Rep. Carol Sente

  98. Added Alternate Co-Sponsor Rep. Tim Butler

  99. Added as Co-Sponsor Sen. Terry Link

  100. Added Alternate Co-Sponsor Rep. Keith P. Sommer

  101. Added Alternate Co-Sponsor Rep. La Shawn K. Ford

  102. Final Action Deadline Extended-9(b) May 25, 2018

  103. Added as Co-Sponsor Sen. Andy Manar

  104. Added as Co-Sponsor Sen. Emil Jones, III

  105. Added as Co-Sponsor Sen. John F. Curran

  106. Added as Co-Sponsor Sen. Melinda Bush

  107. Sponsor Removed Sen. Bill Cunningham

  108. Sponsor Removed Sen. Jennifer Bertino-Tarrant

  109. Added Alternate Co-Sponsor Rep. John M. Cabello

  110. Added Alternate Co-Sponsor Rep. Rita Mayfield

  111. Added Alternate Co-Sponsor Rep. Randy E. Frese

  112. Added as Co-Sponsor Sen. Steve Stadelman

  113. Added as Co-Sponsor Sen. Cristina Castro

  114. Added as Co-Sponsor Sen. Jacqueline Y. Collins

  115. Added as Co-Sponsor Sen. Bill Cunningham

  116. Added as Co-Sponsor Sen. Pat McGuire

  117. Added as Co-Sponsor Sen. Jennifer Bertino-Tarrant

  118. Added as Chief Co-Sponsor Sen. Linda Holmes

  119. Added as Co-Sponsor Sen. John G. Mulroe

  120. Added as Chief Co-Sponsor Sen. Martin A. Sandoval

  121. Added as Co-Sponsor Sen. Steven M. Landek

  122. Added Alternate Co-Sponsor Rep. Martin J. Moylan

  123. Added Alternate Co-Sponsor Rep. Dave Severin

  124. Added Alternate Co-Sponsor Rep. Barbara Wheeler

  125. Added Alternate Co-Sponsor Rep. Daniel Swanson

  126. Added Alternate Co-Sponsor Rep. Camille Y. Lilly

  127. Added Alternate Co-Sponsor Rep. Linda Chapa LaVia

  128. Added Alternate Co-Sponsor Rep. Kathleen Willis

  129. Added Alternate Co-Sponsor Rep. Tony McCombie

  130. Added Alternate Co-Sponsor Rep. Silvana Tabares

  131. Added Alternate Co-Sponsor Rep. Elizabeth Hernandez

  132. Added Alternate Co-Sponsor Rep. Mary E. Flowers

  133. Added Alternate Co-Sponsor Rep. Justin Slaughter

  134. Added Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.

  135. Added Alternate Co-Sponsor Rep. William Davis

  136. Added Alternate Co-Sponsor Rep. Thomas M. Bennett

  137. Added Alternate Co-Sponsor Rep. Norine K. Hammond

  138. Added Alternate Co-Sponsor Rep. Dan Brady

  139. House Committee Amendment No. 1 Rules Refers to Executive Committee

  140. Added Alternate Co-Sponsor Rep. Joe Sosnowski

  141. Added Alternate Chief Co-Sponsor Rep. Lou Lang

  142. Added as Co-Sponsor Sen. Pamela J. Althoff

  143. Added Alternate Chief Co-Sponsor Rep. Michael D. Unes

  144. Added Alternate Co-Sponsor Rep. Terri Bryant

  145. Added Alternate Co-Sponsor Rep. Daniel J. Burke

  146. Added Alternate Chief Co-Sponsor Rep. Luis Arroyo

  147. House Committee Amendment No. 1 Referred to Rules Committee

  148. House Committee Amendment No. 1 Filed with Clerk by Rep. Arthur Turner

  149. Added Alternate Chief Co-Sponsor Rep. Grant Wehrli

  150. Assigned to Executive Committee

  151. Referred to Rules Committee

  152. First Reading

  153. Chief House Sponsor Rep. Arthur Turner

  154. Arrived in House

  155. Third Reading - Passed; 052-000-001

  156. Placed on Calendar Order of 3rd Reading April 11, 2018

  157. Second Reading

  158. Placed on Calendar Order of 2nd Reading April 10, 2018

  159. Do Pass Transportation; 018-000-000

  160. Assigned to Transportation

  161. Referred to Assignments

  162. First Reading

  163. Filed with Secretary by Sen. Antonio Muñoz

Sponsors

  • Brian W. Stewart · Cosponsor
  • Dan Swanson · Cosponsor
  • Barbara Wheeler · Cosponsor
  • Dave Severin · Cosponsor
  • Martin J. Moylan · Cosponsor
  • Randy E. Frese · Cosponsor
  • Rita Mayfield · Cosponsor
  • John M. Cabello · Cosponsor
  • La Shawn K. Ford · Cosponsor
  • Keith P. Sommer · Cosponsor
  • Tim Butler · Cosponsor
  • Carol Sente · Cosponsor
  • Chad Hays · Cosponsor
  • David B. Reis · Cosponsor
  • Robert W. Pritchard · Cosponsor
  • Sheri Jesiel · Cosponsor
  • Emanuel Chris Welch · Cosponsor
  • Jonathan Carroll · Cosponsor
  • Antonio Muñoz · Cosponsor
  • Daniel J. Burke · Cosponsor
  • Dan Brady · Cosponsor
  • Norine K. Hammond · Cosponsor
  • William "Will" Davis · Cosponsor
  • Jr. Marcus C. Evans · Cosponsor
  • Justin Slaughter · Cosponsor
  • Mary E. Flowers · Cosponsor
  • Silvana Tabares · Cosponsor
  • Tony M. McCombie · Cosponsor
  • Kathleen Willis · Cosponsor
  • Camille Y. Lilly · Cosponsor
  • Terri Bryant · Cosponsor
  • Chapa LaVia · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

0 sponsors · 32 co-sponsors · 151 not signed on · 15 voted No

Sponsors (0)

None.

Co-sponsors (32)

Not signed on (151)

151 members have not signed on to this bill.

Show all 151 →

"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

Motion

Passed 39 Yea · 12 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 20805
Democrat 11103
Republican 8300
Total 391208
% of votes cast 66%20%0%14%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Nay
Bivins — Not Voting
Bush — Yea
Hutchinson — Yea
Oberweis — Nay
Raoul — Yea
Righter — Nay
Sandoval — Yea
Schimpf — Nay
Link — Yea
Manar — Yea
McCann — Yea
McCarter — Nay
Rooney — Yea
Mulroe — Yea
Muñoz — Yea
Nybo — Yea
Silverstein — Yea
Brady — Yea
Steans — Yea
Cullerton, T. — Nay
Bennett — Not Voting
Cullerton — Not Voting
Clayborne — Yea
Connelly — Yea
Haine — Nay
McGuire — Not Voting
Harris — Not Voting
Landek — Yea
Martinez — Yea
Barickman — Nay
Van Pelt — Yea
Bill Cunningham Democrat Nay
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Not Voting
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Not Voting
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Not Voting
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Craig Wilcox Republican Nay
Dale Fowler Republican Yea
Dan McConchie Republican Nay
Dave Syverson Republican Yea
Donald P. DeWitte Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Nay

Official roll call →

Concurrence, Amendment 3

Passed 34 Yea · 7 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 185012
Republican 5103
Democrat 11103
Total 347018
% of votes cast 58%12%0%31%
How each member voted (59)
Member Party Vote
Barickman — Nay
Bertino-Tarrant — Yea
Biss — Nay
Bivins — Not Voting
Muñoz — Yea
Bush — Not Voting
Clayborne — Yea
Landek — Yea
Link — Yea
Manar — Yea
McCann — Yea
McCarter — Not Voting
McConnaughay — Yea
Mulroe — Yea
Brady — Yea
Nybo — Yea
Oberweis — Nay
Silverstein — Yea
Steans — Not Voting
Rooney — Not Voting
Bennett — Not Voting
Cullerton — Not Voting
Harris — Not Voting
McGuire — Not Voting
Cullerton, T. — Not Voting
Connelly — Not Voting
Haine — Nay
Hutchinson — Yea
Raoul — Yea
Righter — Nay
Sandoval — Yea
Schimpf — Not Voting
Althoff — Yea
Martinez — Yea
Van Pelt — Yea
Bill Cunningham Democrat Nay
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Not Voting
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Not Voting
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Not Voting
Chapin Rose Republican Yea
Dale Fowler Republican Nay
Dan McConchie Republican Not Voting
Dave Syverson Republican Not Voting
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Not Voting

Official roll call →

Concurrence

Passed 34 Yea · 7 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 185012
Republican 5103
Democrat 11103
Total 347018
% of votes cast 58%12%0%31%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Nay
Bivins — Not Voting
Bush — Not Voting
Mulroe — Yea
Haine — Nay
Manar — Yea
McCann — Yea
McConnaughay — Yea
Silverstein — Yea
Landek — Yea
Brady — Yea
McCarter — Not Voting
Muñoz — Yea
Raoul — Yea
Steans — Not Voting
Rooney — Not Voting
Bennett — Not Voting
Cullerton — Not Voting
Harris — Not Voting
McGuire — Not Voting
Cullerton, T. — Not Voting
Clayborne — Yea
Connelly — Not Voting
Hutchinson — Yea
Nybo — Yea
Oberweis — Nay
Righter — Nay
Sandoval — Yea
Schimpf — Not Voting
Link — Yea
Althoff — Yea
Martinez — Yea
Barickman — Nay
Van Pelt — Yea
Bill Cunningham Democrat Nay
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Not Voting
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Not Voting
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Not Voting
Chapin Rose Republican Yea
Dale Fowler Republican Nay
Dan McConchie Republican Not Voting
Dave Syverson Republican Not Voting
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Not Voting

Official roll call →

Concurrence, Amendment 4

Passed 34 Yea · 7 Nay · 18 Other
Party YeaNayPresentNot Voting
Unaffiliated 185012
Democrat 11103
Republican 5103
Total 347018
% of votes cast 58%12%0%31%
How each member voted (59)
Member Party Vote
Bertino-Tarrant — Yea
Biss — Nay
Bivins — Not Voting
Bush — Not Voting
Mulroe — Yea
Clayborne — Yea
Link — Yea
McCann — Yea
McCarter — Not Voting
McConnaughay — Yea
Muñoz — Yea
Brady — Yea
Nybo — Yea
Raoul — Yea
Silverstein — Yea
Rooney — Not Voting
Bennett — Not Voting
Cullerton — Not Voting
Harris — Not Voting
McGuire — Not Voting
Connelly — Not Voting
Haine — Nay
Hutchinson — Yea
Cullerton, T. — Not Voting
Oberweis — Nay
Righter — Nay
Sandoval — Yea
Schimpf — Not Voting
Steans — Not Voting
Landek — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Nay
Van Pelt — Yea
Bill Cunningham Democrat Nay
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Not Voting
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Not Voting
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Not Voting
Chapin Rose Republican Yea
Dale Fowler Republican Nay
Dan McConchie Republican Not Voting
Dave Syverson Republican Not Voting
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Not Voting

Official roll call →

Third Reading

Passed 78 Yea · 34 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 452405
Republican 7500
Democrat 26501
Total 783406
% of votes cast 66%29%0%5%
How each member voted (118)
Member Party Vote
Batinick — Nay
Bellock — Yea
Bourne — Yea
Bristow — Nay
Breen — Yea
Butler — Yea
Carroll — Yea
Conyears-Ervin — Yea
Costello — Nay
McAuliffe — Nay
D'Amico — Not Voting
Long — Nay
Davis — Yea
McDermed — Yea
Wheeler, Barbara — Yea
McSweeney — Nay
Wheeler, Keith — Yea
Williams — Yea
Mitchell, Christian — Yea
Skillicorn — Not Voting
Tabares — Not Voting
Brady — Nay
Harris, David — Nay
Thapedi — Nay
Hernandez — Nay
Turner — Yea
Unes — Yea
Wallace — Yea
Wehrli — Yea
Welter — Nay
Willis — Yea
Mitchell, Bill — Nay
Finnie, Natalie — Nay
Winger — Yea
Cavaletto — Nay
Connor — Yea
Conroy — Yea
Currie — Nay
Demmer — Nay
Drury — Yea
Durkin — Yea
Flowers — Yea
Fortner — Yea
Ives — Nay
Jesiel — Nay
Yingling — Yea
Lang — Yea
Frese — Yea
Greenwood — Yea
Parkhurst — Yea
Sente — Yea
Stewart — Yea
Stratton — Yea
Bennett — Yea
Sauer — Yea
Harris, Gregory — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Jones — Yea
Hays — Yea
Hurley — Yea
Madigan — Not Voting
Jimenez — Nay
Olsen — Yea
Phillips — Nay
Pritchard — Nay
Reis — Yea
Riley — Nay
Sommer — Not Voting
Soto — Nay
Zalewski — Yea
Andersson — Nay
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Nay
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Nay
Justin Slaughter Democrat Yea
Katie Stuart Democrat Nay
Kelly M. Cassidy Democrat Nay
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Nay
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan 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 Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Not Voting
Will Guzzardi Democrat Yea
Brad Halbrook Republican Nay
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Ryan Spain Republican Nay
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Motion

Failed 61 Yea · 47 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 343604
Republican 1902
Democrat 26204
Total 6147010
% of votes cast 52%40%0%8%
How each member voted (118)
Member Party Vote
Batinick — Nay
Bellock — Nay
Bourne — Nay
Breen — Nay
Bristow — Yea
Butler — Yea
Carroll — Yea
Frese — Nay
Lang — Yea
Madigan — Yea
Phillips — Nay
Harris, Gregory — Yea
Sente — Yea
Hernandez — Yea
Burke, Daniel — Yea
Burke, Kelly — Yea
Stratton — Yea
Jones — Yea
Thapedi — Yea
Turner — Yea
Wallace — Yea
Wehrli — Yea
Davis — Yea
Williams — Yea
Mitchell, Christian — Yea
Willis — Yea
Yingling — Yea
Finnie, Natalie — Yea
Zalewski — Yea
Bennett — Nay
Sauer — Nay
Brady — Nay
Harris, David — Nay
Connor — Yea
Conroy — Yea
Conyears-Ervin — Yea
D'Amico — Yea
Flowers — Yea
Greenwood — Yea
Hurley — Yea
Long — Nay
McAuliffe — Nay
McDermed — Nay
McSweeney — Nay
Wheeler, Barbara — Nay
Wheeler, Keith — Nay
Mitchell, Bill — Nay
Stewart — Nay
Tabares — Not Voting
Unes — Nay
Welter — Nay
Winger — Nay
Cavaletto — Nay
Costello — Nay
Currie — Nay
Demmer — Nay
Drury — Not Voting
Durkin — Nay
Fortner — Nay
Hays — Nay
Ives — Nay
Jesiel — Nay
Jimenez — Nay
Olsen — Not Voting
Parkhurst — Nay
Pritchard — Nay
Reis — Nay
Riley — Yea
Skillicorn — Nay
Sommer — Nay
Soto — Yea
Andersson — Not Voting
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Not Voting
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Not Voting
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Nay
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Nay
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan 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 Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Not Voting
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Not Voting
Will Guzzardi Democrat Yea
Brad Halbrook Republican Nay
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Dan Swanson Republican Nay
Dave Severin Republican Nay
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Nay
Norine K. Hammond Republican Not Voting
Ryan Spain Republican Nay
Steven Reick Republican Yea
Terri Bryant Republican Nay
Tony M. McCombie Republican Not Voting

Official roll call →

Third Reading

Passed 52 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 29006
Republican 9000
Democrat 14001
Total 52007
% of votes cast 88%0%0%12%
How each member voted (59)
Member Party Vote
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
McConnaughay — Yea
Landek — Not Voting
Link — Yea
Manar — Yea
McCann — Yea
McCarter — Not Voting
Rooney — Yea
Mulroe — Yea
Muñoz — Yea
Oberweis — Yea
Raoul — Yea
Silverstein — Not Voting
Bennett — Yea
Harris — Yea
McGuire — Yea
Brady — Yea
Cullerton, T. — Yea
Cullerton — Not Voting
Bush — Yea
Clayborne — Yea
Connelly — Yea
Haine — Yea
Hutchinson — Yea
Nybo — Not Voting
Righter — Not Voting
Sandoval — Yea
Schimpf — Yea
Steans — Yea
Althoff — Yea
Martinez — Yea
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Not Voting
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
John F. Curran Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Yea
Travis Weaver Republican Yea

Official roll call →

Subjects

public-safety transportation
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Frequently asked questions

What does SB 2641 do?
Amends the Renter's Financial Responsibility and Protection Act. Provides that a rental car company may void a damage waiver if damage or loss occurs to the rental vehicle when the rental vehicle is stolen and the renter fails to: (i) return the rental vehicle's ignition key and key tag identifying the rental vehicle to the rental company; (ii) file a police report within the 24-hour period after discovery of the rental vehicle theft; and (iii) fully cooperate with the rental company, law enforcement agency, or any other authority in all matters connected to the investigation of the stolen rental vehicle.
Who sponsors SB 2641?
SB 2641 is sponsored by Brian W. Stewart, Dan Swanson (Republican), Barbara Wheeler, Dave Severin (Republican), Martin J. Moylan, Randy E. Frese, Rita Mayfield (Democrat), John M. Cabello (Republican), La Shawn K. Ford, Keith P. Sommer, Tim Butler, Carol Sente, Chad Hays, David B. Reis, Robert W. Pritchard, Sheri Jesiel, Emanuel Chris Welch, Jonathan Carroll, Antonio Muñoz, Daniel J. Burke, Dan Brady, Norine K. Hammond (Republican), William "Will" Davis (Democrat), Marcus C. Evans, Jr. (Democrat), Justin Slaughter (Democrat), Mary E. Flowers, Silvana Tabares, Tony M. McCombie (Republican), Kathleen Willis, Camille Y. Lilly (Democrat), Terri Bryant (Republican), and Chapa LaVia.
What is the current status of SB 2641?
This bill died with 100th Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 2641?
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