Illinois General Assembly - Bill Status for SB 2641

Replaces everything after the enacting clause. Amends the Illinois Vehicle Code. Defines "Motor vehicle rental company" for the purpose of applying requirements under the Code to personal car facilitation companies. Defines "personal car facilitation company" as 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. Modifies Sections concerning limited liability for damage to and proof of financial responsibility for rental cars, and applies those provisions to personal car facilitation companies. Amends the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act. Allows for the dismissal of a Uniform Traffic Citation issued under the Act to the registered owner of a vehicle used in a personal car facilitation transaction. Amends the Renter's Financial Responsibility and Protection Act. Provides for personal car facilitation company obligations and liability requirements. Amends the Automobile Renting Occupation and Use Tax Act, the Counties Code, and the Illinois Municipal Code to allow the tax on persons engaged in the business of renting automobiles to apply to personal car facilitation companies. Defines additional terms. Makes conforming changes.

Replaces everything after the enacting clause with the provisions of House Amendment No. 2, and makes the following changes: changes the term "personal car facilitation" to "car facilitation"; provides that an insurer may exclude any and all coverage and the duty to defend or indemnify any claim made under a car facilitation transaction; provides that an insurer that defends or indemnifies a claim shall have the right to seek contribution against the insurer of the car facilitation company; provides that an insurer may deny issuance of, cancel, void, terminate, rescind, or deny renewal of an insurance policy covering a vehicle that has been made available for a car facilitation transaction if the applicant or policyholder fails to provide complete and accurate information about the use of a vehicle through a car facilitation transaction; provides that an insurance policy is not required to create specific provisions, implications, or preclusions when a vehicle is used for a car facilitation transaction; provides that the car facilitation company shall verify that the vehicle does not have any safety recalls for which repairs have not been made and that if such a safety recall exists, the vehicle may not be made available through the car facilitation company until the safety recall repair has been made; and provides that if an owner receives a notice of a safety recall on a vehicle while the vehicle is available or in use through the car facilitation company, the owner shall remove the vehicle from participation as soon as practicably possible, but no later than 72 hours after receiving notice of the safety recall and until the safety recall repair has been made.

Provides that an owner's insurer: (1) may exclude any and all coverage and the duty to defend or indemnify for any claim made under a car facilitation transaction; (2) shall have the right to seek contribution against the insurer of a car facilitation company; and (3) may deny issuance of, cancel, void, terminate, rescind, or deny renewal of an insurance policy 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. Provides that an owner's insurance policy: (1) is not invalidated or limited in regard to any exclusions contained in the policy; and (2) is not required to include specific provisions, implications, or preclusions.

Recommends creating the Illinois Peer-to-Peer Car Sharing Act, which: (i) requires a peer-to-peer car sharing program to assume the liability of a shared vehicle owner for any bodily injury or property damage to third parties or uninsured and underinsured motorists or personal injury protection losses during the car sharing period; (ii) requires peer-to-peer car sharing program agreements to contain certain information, including the right of a peer-to-peer car sharing program to seek indemnification from the shared vehicle owner or driver for any economic losses resulting from a breach of contractual terms and conditions; (iii) requires a peer-to-peer car sharing program to ensure that shared vehicle owners and drivers have motor vehicle liability insurance and that shared vehicle drivers have valid driver's licenses; (iv) requires a peer-to-peer car sharing program to verify that the shared vehicle does not have any safety recalls for which the repairs have not been made; and (v) provides that traffic citations issued to a peer-to-peer car sharing program or shared vehicle owner shall be dismissed and may be issued to the shared vehicle driver if certain criteria are met. Regarding changes made to the Automobile Renting Occupation and Use Tax Act, recommends: (1) excluding from the definition of "renting" the facilitation of the use of an individually-owned passenger motor vehicle as a part of a peer-to-peer car sharing transaction; (2) excluding from the definition of "rentor" corporations and specified entities that provide peer-to-peer car sharing programs; and (3) imposing a tax on peer-to-peer car sharing businesses. Regarding changes to the Counties Code, recommends: deleting language that makes personal car facilitation companies taxable under the Code; and imposing a tax on a peer-to-peer car sharing business only if the owner of a vehicle or vehicles used in peer-to-peer car sharing transactions has shared the vehicle or vehicles in the aggregate for more than 1,825 vehicle days during a calendar year. Recommends making similar changes to the Illinois Municipal Code, the Metropolitan Pier and Exposition Authority Act, the Local Mass Transit District Act, and the Regional Transportation Authority Act. Recommends making certain tax exemptions provided under the Use Tax Act and the Retailers' Occupation Tax Act inapplicable to motor vehicles used in peer-to-peer car sharing transactions. Regarding changes made to the Illinois Vehicle Code, recommends: (a) deleting the defined terms "car facilitation company", "car facilitation transaction", and "motor vehicle rental company"; (b) deleting language that makes a car facilitation company financially responsible for any vehicle it facilitates in a car facilitation transaction; and (c) defines the term "peer-to-peer car sharing transaction". Recommends deleting provisions added to the Automated Traffic Control Systems in Highway Construction or Maintenance Zones Act concerning the dismissal of uniform traffic citations issued to the registered owner of a vehicle used in a car facilitation transaction. Recommends deleting provisions added to the Renter's Financial Responsibility and Protection Act concerning car facilitation company obligations and liabilities. (Deletes reference to: 625 ILCS 5/1-110.05 new; 625 ILCS 5/1-146.7 new; 625 ILCS 5/1-171.01e new; 625 ILCS 5/6-305.3; 625 ILCS 5/9-101; 625 ILCS 7/45; 625 ILCS 27/10; and 625 ILCS 27/30 new; Adds reference to: New Act; 35 ILCS 105/3-5; 35 ILCS 120/2-5; 35 ILCS 155/3; 55 ILCS 5/5-1032.1 new; 65 ILCS 5/8-11-8.1 new; 65 ILCS 5/8-11-11; 70 ILCS 210/13; 70 ILCS 3610/5.02; 70 ILCS 3615/4.03.1; and 625 ILCS 5/1-110.06 new)

Date	Chamber	Action
11/29/2018	Senate	Bill Dead - Amendatory Veto

Date	Chamber	Action
2/8/2018	Senate	Filed with Secretary by Sen. Antonio Muñoz
2/8/2018	Senate	First Reading
2/8/2018	Senate	Referred to Assignments
2/14/2018	Senate	Assigned to Transportation
3/14/2018	Senate	Do Pass Transportation; 018-000-000
3/14/2018	Senate	Placed on Calendar Order of 2nd Reading April 10, 2018
4/10/2018	Senate	Second Reading
4/10/2018	Senate	Placed on Calendar Order of 3rd Reading April 11, 2018
4/17/2018	Senate	Third Reading - Passed; 052-000-001
4/17/2018	House	Arrived in House
4/17/2018	House	Chief House Sponsor Rep. Arthur Turner
4/17/2018	House	First Reading
4/17/2018	House	Referred to Rules Committee
4/26/2018	House	Assigned to Executive Committee
4/27/2018	House	Added Alternate Chief Co-Sponsor Rep. Grant Wehrli
5/16/2018	House	House Committee Amendment No. 1 Filed with Clerk by Rep. Arthur Turner
5/16/2018	House	House Committee Amendment No. 1 Referred to Rules Committee
5/16/2018	House	Added Alternate Chief Co-Sponsor Rep. Luis Arroyo
5/16/2018	House	Added Alternate Co-Sponsor Rep. Daniel J. Burke
5/16/2018	House	Added Alternate Co-Sponsor Rep. Terri Bryant
5/16/2018	House	Added Alternate Chief Co-Sponsor Rep. Michael D. Unes
5/16/2018	Senate	Added as Co-Sponsor Sen. Pamela J. Althoff
5/17/2018	House	Added Alternate Chief Co-Sponsor Rep. Lou Lang
5/17/2018	House	Added Alternate Co-Sponsor Rep. Joe Sosnowski
5/17/2018	House	House Committee Amendment No. 1 Rules Refers to Executive Committee
5/17/2018	House	Added Alternate Co-Sponsor Rep. Dan Brady
5/17/2018	House	Added Alternate Co-Sponsor Rep. Norine K. Hammond
5/17/2018	House	Added Alternate Co-Sponsor Rep. Thomas M. Bennett
5/17/2018	House	Added Alternate Co-Sponsor Rep. William Davis
5/17/2018	House	Added Alternate Co-Sponsor Rep. Marcus C. Evans, Jr.
5/17/2018	House	Added Alternate Co-Sponsor Rep. Justin Slaughter
5/17/2018	House	Added Alternate Co-Sponsor Rep. Mary E. Flowers
5/17/2018	House	Added Alternate Co-Sponsor Rep. Elizabeth Hernandez
5/17/2018	House	Added Alternate Co-Sponsor Rep. Silvana Tabares
5/17/2018	House	Added Alternate Co-Sponsor Rep. Tony McCombie
5/17/2018	House	Added Alternate Co-Sponsor Rep. Kathleen Willis
5/17/2018	House	Added Alternate Co-Sponsor Rep. Linda Chapa LaVia
5/17/2018	House	Added Alternate Co-Sponsor Rep. Camille Y. Lilly
5/17/2018	House	Added Alternate Co-Sponsor Rep. Daniel Swanson
5/17/2018	House	Added Alternate Co-Sponsor Rep. Barbara Wheeler
5/17/2018	House	Added Alternate Co-Sponsor Rep. Dave Severin
5/17/2018	House	Added Alternate Co-Sponsor Rep. Martin J. Moylan
5/17/2018	Senate	Added as Co-Sponsor Sen. Steven M. Landek
5/17/2018	Senate	Added as Chief Co-Sponsor Sen. Martin A. Sandoval
5/17/2018	Senate	Added as Co-Sponsor Sen. John G. Mulroe
5/17/2018	Senate	Added as Chief Co-Sponsor Sen. Linda Holmes
5/17/2018	Senate	Added as Co-Sponsor Sen. Jennifer Bertino-Tarrant
5/17/2018	Senate	Added as Co-Sponsor Sen. Pat McGuire
5/17/2018	Senate	Added as Co-Sponsor Sen. Bill Cunningham
5/17/2018	Senate	Added as Co-Sponsor Sen. Jacqueline Y. Collins
5/17/2018	Senate	Added as Co-Sponsor Sen. Cristina Castro
5/17/2018	Senate	Added as Co-Sponsor Sen. Steve Stadelman
5/17/2018	House	Added Alternate Co-Sponsor Rep. Randy E. Frese
5/17/2018	House	Added Alternate Co-Sponsor Rep. Rita Mayfield
5/17/2018	House	Added Alternate Co-Sponsor Rep. John M. Cabello
5/17/2018	Senate	Sponsor Removed Sen. Jennifer Bertino-Tarrant
5/17/2018	Senate	Sponsor Removed Sen. Bill Cunningham
5/18/2018	Senate	Added as Co-Sponsor Sen. Melinda Bush
5/18/2018	Senate	Added as Co-Sponsor Sen. John F. Curran
5/18/2018	Senate	Added as Co-Sponsor Sen. Emil Jones, III
5/18/2018	Senate	Added as Co-Sponsor Sen. Andy Manar
5/18/2018	House	Final Action Deadline Extended-9(b) May 25, 2018
5/18/2018	House	Added Alternate Co-Sponsor Rep. La Shawn K. Ford
5/18/2018	House	Added Alternate Co-Sponsor Rep. Keith P. Sommer
5/18/2018	Senate	Added as Co-Sponsor Sen. Terry Link
5/21/2018	House	Added Alternate Co-Sponsor Rep. Tim Butler
5/22/2018	House	Added Alternate Co-Sponsor Rep. Carol Sente
5/22/2018	House	Added Alternate Co-Sponsor Rep. Chad Hays
5/22/2018	Senate	Added as Co-Sponsor Sen. Sue Rezin
5/22/2018	House	House Committee Amendment No. 2 Filed with Clerk by Rep. Arthur Turner
5/22/2018	House	House Committee Amendment No. 2 Referred to Rules Committee
5/22/2018	House	Added Alternate Co-Sponsor Rep. David B. Reis
5/22/2018	House	Added Alternate Co-Sponsor Rep. Robert W. Pritchard
5/22/2018	House	Added Alternate Co-Sponsor Rep. Sheri Jesiel
5/22/2018	Senate	Added as Co-Sponsor Sen. Karen McConnaughay
5/22/2018	House	Added Alternate Co-Sponsor Rep. Emanuel Chris Welch
5/23/2018	House	House Committee Amendment No. 2 Rules Refers to Executive Committee
5/23/2018	House	Added Alternate Co-Sponsor Rep. Brian W. Stewart
5/24/2018	Senate	Added as Co-Sponsor Sen. William R. Haine
5/24/2018	Senate	Added as Co-Sponsor Sen. Patricia Van Pelt
5/24/2018	House	House Committee Amendment No. 2 Adopted in Executive Committee; by Voice Vote
5/24/2018	House	Do Pass as Amended / Short Debate Executive Committee; 011-000-000
5/24/2018	House	House Committee Amendment No. 1 Tabled Pursuant to Rule 40
5/24/2018	House	Placed on Calendar 2nd Reading - Short Debate
5/24/2018	House	Second Reading - Short Debate
5/24/2018	House	Held on Calendar Order of Second Reading - Short Debate
5/24/2018	Senate	Sponsor Removed Sen. William R. Haine
5/25/2018	House	House Floor Amendment No. 3 Filed with Clerk by Rep. Arthur Turner
5/25/2018	House	House Floor Amendment No. 3 Referred to Rules Committee
5/25/2018	House	Final Action Deadline Extended-9(b) May 31, 2018
5/28/2018	House	House Floor Amendment No. 3 Rules Refers to Executive Committee
5/28/2018	House	Alternate Co-Sponsor Removed Rep. Elizabeth Hernandez
5/28/2018	House	Placed on Calendar Order of 3rd Reading - Short Debate
5/28/2018	House	Recalled to Second Reading - Short Debate
5/28/2018	House	Held on Calendar Order of Second Reading - Short Debate
5/29/2018	House	House Floor Amendment No. 3 Recommends Be Adopted Executive Committee; 011-000-000
5/29/2018	House	House Floor Amendment No. 4 Filed with Clerk by Rep. Arthur Turner
5/29/2018	House	House Floor Amendment No. 4 Referred to Rules Committee
5/30/2018	House	House Floor Amendment No. 3 Fiscal Note Requested as Amended by Rep. David A. Welter
5/30/2018	House	House Floor Amendment No. 4 Fiscal Note Requested as Amended by Rep. David A. Welter
5/30/2018	House	House Floor Amendment No. 3 State Mandates Fiscal Note Requested as Amended by Rep. David A. Welter
5/30/2018	House	House Floor Amendment No. 4 State Mandates Fiscal Note Requested as Amended by Rep. David A. Welter
5/30/2018	House	House Floor Amendment No. 3 Balanced Budget Note Requested as Amended by Rep. David A. Welter
5/30/2018	House	House Floor Amendment No. 4 Balanced Budget Note Requested as Amended by Rep. David A. Welter
5/30/2018	House	House Floor Amendment No. 3 Home Rule Note Requested as Amended by Rep. David A. Welter
5/30/2018	House	House Floor Amendment No. 4 Home Rule Note Requested as Amended by Rep. David A. Welter
5/30/2018	House	House Floor Amendment No. 3 Judicial Note Requested as Amended by Rep. David A. Welter
5/30/2018	House	House Floor Amendment No. 4 Judicial Note Requested as Amended by Rep. David A. Welter
5/30/2018	House	House Floor Amendment No. 4 Recommends Be Adopted Rules Committee; 004-000-000
5/30/2018	House	House Floor Amendment No. 3 Balanced Budget Note Filed as Amended
5/30/2018	House	House Floor Amendment No. 4 Balanced Budget Note Filed as Amended
5/30/2018	House	House Floor Amendment No. 3 State Mandates Fiscal Note Filed as Amended
5/30/2018	House	House Floor Amendment No. 4 State Mandates Fiscal Note Filed as Amended
5/30/2018	House	House Floor Amendment No. 3 Home Rule Note Filed as Amended
5/30/2018	House	House Floor Amendment No. 4 Home Rule Note Filed as Amended
5/30/2018	House	House Floor Amendment No. 3 Adopted
5/30/2018	House	House Floor Amendment No. 4 Adopted
5/30/2018	House	Held on Calendar Order of Second Reading - Short Debate
5/30/2018	House	Added Alternate Co-Sponsor Rep. Jonathan Carroll
5/30/2018	House	House Floor Amendment No. 3 Judicial Note Filed as Amended
5/30/2018	House	House Floor Amendment No. 4 Judicial Note Filed as Amended
5/30/2018	House	Note / Motion Filed - Note Act Does Not Apply Rep. Arthur Turner
5/30/2018	House	Motion Prevailed 061-047-000
5/30/2018	House	House Floor Amendment No. 3 Fiscal Note Request as Amended is Inapplicable
5/30/2018	House	House Floor Amendment No. 4 Fiscal Note Request as Amended is Inapplicable
5/30/2018	House	Placed on Calendar Order of 3rd Reading - Short Debate
5/30/2018	House	Third Reading - Short Debate - Passed 078-034-001
5/30/2018	House	Motion Filed to Reconsider Vote Rep. Jehan Gordon-Booth
5/30/2018	House	Motion to Reconsider Vote - Withdrawn Rep. Jehan Gordon-Booth
5/30/2018	Senate	Secretary's Desk - Concurrence House Amendment(s) 2, 3, 4
5/30/2018	Senate	Placed on Calendar Order of Concurrence House Amendment(s) 2, 3, 4 - May 30, 2018
5/30/2018	Senate	House Committee Amendment No. 2 Motion to Concur Filed with Secretary Sen. Antonio Muñoz
5/30/2018	Senate	House Committee Amendment No. 2 Motion to Concur Referred to Assignments
5/30/2018	Senate	House Floor Amendment No. 3 Motion to Concur Filed with Secretary Sen. Antonio Muñoz
5/30/2018	Senate	House Floor Amendment No. 3 Motion to Concur Referred to Assignments
5/30/2018	Senate	House Floor Amendment No. 4 Motion to Concur Filed with Secretary Sen. Antonio Muñoz
5/30/2018	Senate	House Floor Amendment No. 4 Motion to Concur Referred to Assignments
5/30/2018	Senate	Added as Co-Sponsor Sen. Michael E. Hastings
5/30/2018	Senate	House Committee Amendment No. 2 Motion to Concur Assignments Referred to Transportation
5/30/2018	Senate	House Floor Amendment No. 3 Motion to Concur Assignments Referred to Transportation
5/30/2018	Senate	House Floor Amendment No. 4 Motion to Concur Assignments Referred to Transportation
5/30/2018	Senate	Added as Co-Sponsor Sen. Mattie Hunter
5/31/2018	Senate	House Committee Amendment No. 2 Motion To Concur Recommended Do Adopt Transportation; 017-001-000
5/31/2018	Senate	House Floor Amendment No. 3 Motion To Concur Recommended Do Adopt Transportation; 017-001-000
5/31/2018	Senate	House Floor Amendment No. 4 Motion To Concur Recommended Do Adopt Transportation; 017-001-000
5/31/2018	Senate	Added as Co-Sponsor Sen. Kimberly A. Lightford
5/31/2018	Senate	House Committee Amendment No. 2 Senate Concurs 034-007-007
5/31/2018	Senate	House Floor Amendment No. 3 Senate Concurs 034-007-007
5/31/2018	Senate	House Floor Amendment No. 4 Senate Concurs 034-007-007
5/31/2018	Senate	Senate Concurs
5/31/2018	Senate	Passed Both Houses
6/29/2018	Senate	Sent to the Governor
8/28/2018	Senate	Governor Amendatory Veto
11/13/2018	Senate	Placed on Calendar Amendatory Veto November 14, 2018
11/13/2018	Senate	Motion Filed Override Amendatory Veto Sen. Antonio Muñoz
11/14/2018	Senate	3/5 Vote Required
11/14/2018	Senate	Override Amendatory Veto - Senate Passed 039-012-003
11/15/2018	House	Arrived in House
11/15/2018	House	Placed on Calendar Amendatory Veto
11/15/2018	House	Motion Filed Override Amendatory Veto Rep. Arthur Turner
11/27/2018	House	Alternate Co-Sponsor Removed Rep. Thomas M. Bennett
11/27/2018	House	Alternate Co-Sponsor Removed Rep. Joe Sosnowski
11/29/2018	Senate	Bill Dead - Amendatory Veto

	Balanced Budget Note, House Floor Amendment No. 3 (Office of Management and Budget)
	The Balanced Budget Note Act does not apply to this bill as it is not a supplemental appropriation that increases or decreases appropriations. Under the Act, a balanced budget note must be prepared only for bills that change a general funds appropriation for the fiscal year in which the new bill is enacted.

	State Mandates Fiscal Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
	This bill does not create a State mandate.

	Home Rule Note, House Floor Amendment No. 3 (Dept. of Commerce & Economic Opportunity)
	This bill does not pre-empt home rule authority.

	Judicial Note, House Floor Amendment No. 3 (Admin Office of the Illinois Courts)
	This bill would neither increase nor decrease the number of judges needed in the State of Illinois.

	Deletes reference to:
	625 ILCS 27/15

	Adds reference to:
	35 ILCS 155/2	from Ch. 120, par. 1702