Illinois 96th Regular Session Status: Died

SB 1268 — VEH CD-RENTAL CAR LIABILITY

Last action — Session Sine Die

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. Died in session

This bill died with 96th Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 Illinois Vehicle Code. Raises a motor vehicle renter's maximum liability for actual and reasonable costs incurred by the loss due to theft of the rental motor vehicle up to its fair market value immediately before the loss occurred using a commonly and commercially accepted method to establish a fair market value (rather than $2,000); deletes provisions relating to a failure to exercise ordinary care. Provides that if the estimate of repair exceeds $3,500, then, prior to any repairs being initiated, the insurer of the renter or the renter shall be allowed 72 hours from the date of notice to inspect the damaged vehicle and obtain another estimate of repair on the damaged vehicle. Effective July 1, 2009.

Bill Text

What changed in the latest version

4 added · 28 removed

Plain-language change summary

The changes in Bill SB 1268 amend the Illinois Vehicle Code by increasing the maximum liability for renters regarding theft of a rental vehicle to its fair market value, rather than limiting it to $2,000. This adjustment is important because it ensures that renters are responsible for a reasonable value reflective of the vehicle's worth at the time of theft, potentially lessening the financial burden on rental companies. Additionally, the bill clarifies the process for inspecting damaged vehicles before repairs can begin, allowing 72 hours for the renter or their insurer to assess damage, thus promoting fairness and transparency in rental agreements.

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*LRB09604078AJT14117b* SB1268 96TH GENERAL ASSEMBLY State of Illinois and 2010 SB1268 Introduced 2/10/2009, by Sen.
SB1268 Engrossed LRB096 04078 AJT 14117 b AN ACT concerning transportation.
Terry Link SYNOPSIS AS INTRODUCED:
ILCS 5/6-305.2 Amends the Illinois Vehicle Code.
Raises a motor vehicle renter's maximum liability for actual and reasonable costs incurred by the loss due to theft of the rental motor vehicle up to its fair market value immediately before the loss occurred using a commonly and commercially accepted method to establish a fair market value (rather than $2,000);
deletes provisions relating to a failure to exercise ordinary care.
Provides that if the estimate of repair exceeds $3,500, then, prior to any repairs being initiated, the insurer of the renter or the renter shall be allowed 72 hours from the date of notice to inspect the damaged vehicle and obtain another estimate of repair on the damaged vehicle.
Effective July 1, 2009.
LRB096 04078 AJT 14117 b FISCAL NOTE ACT MAY APPLY A BILL FOR SB1268 LRB096 04078 AJT 14117 b AN ACT concerning transportation.
or SB1268 - 2 - LRB096 04078 AJT 14117 b (B) The fair market value of that motor vehicle immediately before the damage occurred, as determined in the customary market for the retail sale of that motor vehicle;
or SB1268 Engrossed - 2 - LRB096 04078 AJT 14117 b (B) The fair market value of that motor vehicle immediately before the damage occurred, as determined in the customary market for the retail sale of that motor vehicle;
Beginning June 1, 2000, and annually each June 1 thereafter, the maximum amount that may be recovered from an authorized driver shall be increased by $500 above the SB1268 - 3 - LRB096 04078 AJT 14117 b maximum recovery allowed immediately prior to June 1 of that year.
Beginning June 1, 2000, and annually each June 1 thereafter, the maximum amount that may be recovered from an authorized driver shall be increased by $500 above the SB1268 Engrossed - 3 - LRB096 04078 AJT 14117 b maximum recovery allowed immediately prior to June 1 of that year.
A rental company shall mitigate damages where possible and shall not assert or collect any claim for physical damage which exceeds the actual costs of the repair, including all discounts or SB1268 - 4 - LRB096 04078 AJT 14117 b price reductions.
A rental company shall mitigate damages where possible and shall not assert or collect any claim for physical damage which exceeds the actual costs of the repair, including all discounts or SB1268 Engrossed - 4 - LRB096 04078 AJT 14117 b price reductions.
View plain text versions (2)

Action History

  1. Session Sine Die

  2. Rule 19(b) / Re-referred to Rules Committee

  3. Alternate Chief Co-Sponsor Removed Rep. JoAnn D. Osmond

  4. Alternate Chief Sponsor Changed to Rep. Elaine Nekritz

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

  6. Approved for Consideration Rules Committee; 004-000-000

  7. Final Action Deadline Extended-9(b) November 30, 2009

  8. Rule 19(a) / Re-referred to Rules Committee

  9. Final Action Deadline Extended-9(b) May 31, 2009

  10. House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-002-000

  11. House Floor Amendment No. 2 Recommends Be Adopted - Lost Transportation, Regulation, Roads & Bridges Committee; 001-009-001

  12. Added Alternate Chief Co-Sponsor Rep. Michael W. Tryon

  13. Added Alternate Chief Co-Sponsor Rep. JoAnn D. Osmond

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

  15. House Floor Amendment No. 3 Filed with Clerk by Rep. Jack D. Franks

  16. House Floor Amendment No. 2 Rules Refers to Transportation, Regulation, Roads & Bridges Committee

  17. House Floor Amendment No. 2 Referred to Rules Committee

  18. House Floor Amendment No. 2 Filed with Clerk by Rep. Jack D. Franks

  19. Alternate Chief Sponsor Changed to Rep. Jack D. Franks

  20. Final Action Deadline Extended-9(b) May 29, 2009

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

  22. Second Reading - Short Debate

  23. Placed on Calendar 2nd Reading - Short Debate

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

  25. House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote

  26. House Committee Amendment No. 1 Filed with Clerk by Executive Committee

  27. Committee/Final Action Deadline Extended-9(b) May 22, 2009

  28. Assigned to Executive Committee

  29. Referred to Rules Committee

  30. First Reading

  31. Chief House Sponsor Rep. Eddie Washington

  32. Placed on Calendar Order of First Reading

  33. Arrived in House

  34. Third Reading - Passed; 053-000-003

  35. Placed on Calendar Order of 3rd Reading March 4, 2009

  36. Second Reading

  37. Placed on Calendar Order of 2nd Reading February 26, 2009

  38. Do Pass Transportation; 009-000-001

  39. Assigned to Transportation

  40. Referred to Assignments

  41. First Reading

  42. Filed with Secretary by Sen. Terry Link

Sponsors

  • Terry Link · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

  • Terry Link

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"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 53 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 8001
Unaffiliated 44005
Republican 1000
Total 53006
% of votes cast 90%0%0%10%
How each member voted (59)
Member Party Vote
Kotowski — Yea
Link — Yea
McCarter — Yea
Millner — Yea
Noland — Yea
Demuzio — Yea
Schoenberg — Yea
Jacobs — Yea
Silverstein — Yea
Steans — Yea
Munoz — Yea
Jones, J. — Yea
Trotter — Yea
Brady — Yea
Sullivan — Yea
Viverito — Yea
Wilhelmi — Yea
Cullerton — Yea
Clayborne — Yea
Cronin — Yea
Crotty — Yea
Dahl — Yea
DeLeo — Yea
Dillard — Yea
Duffy — Yea
Forby — Yea
Garrett — Yea
Haine — Yea
Hendon — Yea
Hultgren — Yea
Hutchinson — Not Voting
Luechtefeld — Not Voting
Pankau — Yea
Radogno — Yea
Raoul — Yea
Righter — Yea
Risinger — Yea
Rutherford — Yea
Sandoval — Not Voting
Lauzen — Yea
Maloney — Yea
Althoff — Yea
Martinez — Yea
Bivins — Yea
Bomke — Yea
Bond — Not Voting
Burzynski — Yea
Meeks — Not Voting
Frerichs — Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Not Voting
Eva-Dina Delgado Democrat Yea
Kimberly A. Lightford Democrat Yea
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Dave Syverson Republican Yea

Subjects

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 1268 do?
Amends the Illinois Vehicle Code. Raises a motor vehicle renter's maximum liability for actual and reasonable costs incurred by the loss due to theft of the rental motor vehicle up to its fair market value immediately before the loss occurred using a commonly and commercially accepted method to establish a fair market value (rather than $2,000); deletes provisions relating to a failure to exercise ordinary care. Provides that if the estimate of repair exceeds $3,500, then, prior to any repairs being initiated, the insurer of the renter or the renter shall be allowed 72 hours from the date of notice to inspect the damaged vehicle and obtain another estimate of repair on the damaged vehicle. Effective July 1, 2009.
Who sponsors SB 1268?
SB 1268 is sponsored by Terry Link.
What is the current status of SB 1268?
This bill died with 96th Regular Session. It reached “Passed Senate” 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 1268?
Track SB 1268 free on One Click Politics — get push/email alerts when it moves.

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