VEH CD-RENTAL CAR LIABILITY
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SB 1268 — VEH CD-RENTAL CAR LIABILITY
Last action — Session Sine Die
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removedPlain-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.
*LRB09604078AJT14117b* SB1268 96THEngrossed GENERALLRB096 ASSEMBLY04078 StateAJT of14117 Illinoisb andAN 2010ACT SB1268concerning Introducedtransportation. 2/10/2009, by Sen.
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 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 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 Engrossed - 4 - LRB096 04078 AJT 14117 b price reductions.
Action History
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Session Sine Die
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Rule 19(b) / Re-referred to Rules Committee
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Alternate Chief Co-Sponsor Removed Rep. JoAnn D. Osmond
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Alternate Chief Sponsor Changed to Rep. Elaine Nekritz
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Placed on Calendar Order of 3rd Reading - Short Debate
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Approved for Consideration Rules Committee; 004-000-000
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Final Action Deadline Extended-9(b) November 30, 2009
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Rule 19(a) / Re-referred to Rules Committee
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Final Action Deadline Extended-9(b) May 31, 2009
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House Floor Amendment No. 3 Recommends Be Adopted Rules Committee; 003-002-000
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House Floor Amendment No. 2 Recommends Be Adopted - Lost Transportation, Regulation, Roads & Bridges Committee; 001-009-001
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Added Alternate Chief Co-Sponsor Rep. Michael W. Tryon
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Added Alternate Chief Co-Sponsor Rep. JoAnn D. Osmond
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House Floor Amendment No. 3 Referred to Rules Committee
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House Floor Amendment No. 3 Filed with Clerk by Rep. Jack D. Franks
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House Floor Amendment No. 2 Rules Refers to Transportation, Regulation, Roads & Bridges Committee
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. Jack D. Franks
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Alternate Chief Sponsor Changed to Rep. Jack D. Franks
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Final Action Deadline Extended-9(b) May 29, 2009
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Executive Committee; 011-000-000
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House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
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House Committee Amendment No. 1 Filed with Clerk by Executive Committee
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Committee/Final Action Deadline Extended-9(b) May 22, 2009
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Assigned to Executive Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Eddie Washington
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 053-000-003
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Placed on Calendar Order of 3rd Reading March 4, 2009
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Second Reading
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Placed on Calendar Order of 2nd Reading February 26, 2009
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Do Pass Transportation; 009-000-001
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Assigned to Transportation
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Terry Link
Sponsors
- Terry Link · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 8 | 0 | 0 | 1 |
| Unaffiliated | 44 | 0 | 0 | 5 |
| Republican | 1 | 0 | 0 | 0 |
| Total | 53 | 0 | 0 | 6 |
| % 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
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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Last checked for changes 3 months ago · updated continuously
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