Bill Status of SB 61   102nd General Assembly

Short Description:  INS-IMPROPER CLAIMS PRACTICE

Senate Sponsors
Sen. Bill Cunningham, Dave Syverson, Terri Bryant and Dale Fowler

House Sponsors
(Rep. Anthony DeLuca-Adam Niemerg)


Last Action  View All Actions

DateChamber Action
  7/9/2021SenatePublic Act . . . . . . . . . 102-0069

Statutes Amended In Order of Appearance
215 ILCS 5/154.6from Ch. 73, par. 766.6
215 ILCS 5/154.9 new

Synopsis As Introduced
Amends the Illinois Insurance Code. Provides that it is an improper claims practice for a domestic, foreign, or alien company transacting business in this State to fail to pay the replacement vehicle use or occupation tax, title, and transfer fees on a private passenger total loss claim if that act is committed knowingly in violation of the Code, has been committed with such frequency to indicate a persistent tendency to engage in that type of conduct, and is committed without just cause. Provides that an insurer shall pay use or occupation tax, title, and transfer fees when the insurer determines that an insured's or third-party claimant's private passenger automobile is a total loss covered under the terms of a personal automobile policy issued by the insurer. Provides that if an insurer elects to replace the insured vehicle, the insurer shall pay the use or occupation tax, title, and transfer fees on the replacement vehicle. Provides that if a cash settlement is provided for the total loss private passenger vehicle, an insurer shall reimburse or directly pay the insured or third-party claimant for replacement vehicle use or occupation tax, title, and transfer fees under specified conditions. Grants the Department of Insurance rulemaking authority. Effective January 1, 2022.

Senate Committee Amendment No. 1
Replaces everything after the enacting clause with the provisions of the introduced bill with the following changes. Provides that for personal automobile policies issued or renewed on or after July 1, 2022 (rather than policies issued by an insurer) it is an improper claims practice for a domestic, foreign, or alien company transacting business in this State to fail to pay the replacement vehicle use or occupation tax, title, and transfer fees on a private passenger total loss claim if that act is committed knowingly in violation of the Code, has been committed with such frequency to indicate a persistent tendency to engage in that type of conduct, and is committed without just cause. Changes the effective date from January 1, 2022 to July 1, 2022.

Actions 
DateChamber Action
  1/29/2021SenateFiled with Secretary by Sen. Bill Cunningham
  1/29/2021SenateFirst Reading
  1/29/2021SenateReferred to Assignments
  2/9/2021SenateAssigned to Insurance
  3/10/2021SenateAdded as Co-Sponsor Sen. Dave Syverson
  3/15/2021SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Bill Cunningham
  3/15/2021SenateSenate Committee Amendment No. 1 Referred to Assignments
  3/23/2021SenateSenate Committee Amendment No. 1 Assignments Refers to Insurance
  4/13/2021SenateAdded as Co-Sponsor Sen. Terri Bryant
  4/14/2021SenateSenate Committee Amendment No. 1 Adopted
  4/15/2021SenateDo Pass Insurance; 010-000-000
  4/15/2021SenatePlaced on Calendar Order of 2nd Reading April 20, 2021
  4/19/2021SenateAdded as Co-Sponsor Sen. Dale Fowler
  4/20/2021SenateSecond Reading
  4/20/2021SenatePlaced on Calendar Order of 3rd Reading ** April 21, 2021
  4/23/2021SenateThird Reading - Passed; 058-000-000
  4/26/2021HouseArrived in House
  4/26/2021HouseChief House Sponsor Rep. Anthony DeLuca
  4/27/2021HouseFirst Reading
  4/27/2021HouseReferred to Rules Committee
  5/4/2021HouseAssigned to Insurance Committee
  5/11/2021HouseDo Pass / Consent Calendar Insurance Committee; 017-000-000
  5/12/2021HousePlaced on Calendar 2nd Reading - Consent Calendar
  5/12/2021HouseAdded Alternate Chief Co-Sponsor Rep. Adam Niemerg
  5/13/2021HouseSecond Reading - Consent Calendar
  5/13/2021HouseHeld on Calendar Order of Second Reading - Consent Calendar
  5/14/2021HousePlaced on Calendar Order of 3rd Reading - Consent Calendar
  5/21/2021HouseThird Reading - Consent Calendar - First Day
  5/26/2021HouseThird Reading - Consent Calendar - Passed 111-000-001
  5/26/2021SenatePassed Both Houses
  6/24/2021SenateSent to the Governor
  7/9/2021SenateGovernor Approved
  7/9/2021SenateEffective Date July 1, 2022
  7/9/2021SenatePublic Act . . . . . . . . . 102-0069

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