Illinois 2023-2024 Regular Session

Illinois House Bill HB3951 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3951 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: 215 ILCS 5/154.9 Amends the Illinois Insurance Code. In provisions concerning private passenger total loss claims, provides that a 30-day period within which a replacement vehicle must be purchased or leased in order for an insurer to reimburse the insured or third-party claimant for any use or occupation tax imposed by the State or a unit of local government and title and transfer fees shall be extended for the duration of a medical condition that results in the incapacitation of the insured. LRB103 26198 BMS 52557 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3951 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED: 215 ILCS 5/154.9 215 ILCS 5/154.9 Amends the Illinois Insurance Code. In provisions concerning private passenger total loss claims, provides that a 30-day period within which a replacement vehicle must be purchased or leased in order for an insurer to reimburse the insured or third-party claimant for any use or occupation tax imposed by the State or a unit of local government and title and transfer fees shall be extended for the duration of a medical condition that results in the incapacitation of the insured. LRB103 26198 BMS 52557 b LRB103 26198 BMS 52557 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3951 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
3	3	215 ILCS 5/154.9 215 ILCS 5/154.9
4	4	215 ILCS 5/154.9
5	5	Amends the Illinois Insurance Code. In provisions concerning private passenger total loss claims, provides that a 30-day period within which a replacement vehicle must be purchased or leased in order for an insurer to reimburse the insured or third-party claimant for any use or occupation tax imposed by the State or a unit of local government and title and transfer fees shall be extended for the duration of a medical condition that results in the incapacitation of the insured.
6	6	LRB103 26198 BMS 52557 b LRB103 26198 BMS 52557 b
7	7	LRB103 26198 BMS 52557 b
8	8	A BILL FOR
9	9	HB3951LRB103 26198 BMS 52557 b HB3951 LRB103 26198 BMS 52557 b
10	10	HB3951 LRB103 26198 BMS 52557 b
11	11	1 AN ACT concerning regulation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Illinois Insurance Code is amended by
15	15	5 changing Section 154.9 as follows:
16	16	6 (215 ILCS 5/154.9)
17	17	7 Sec. 154.9. Payment of applicable use or occupation tax,
18	18	8 title, and transfer fees on a private passenger total loss
19	19	9 claim.
20	20	10 (a) When an insurer determines that an insured's or
21	21	11 third-party claimant's private passenger automobile is a total
22	22	12 loss that is covered under the terms of a personal automobile
23	23	13 policy issued or renewed on or after July 1, 2022 by the
24	24	14 insurer, the insurer shall pay any use or occupation tax
25	25	15 imposed by the State or a unit of local government and title
26	26	16 and transfer fees as provided for in this Section. As used in
27	27	17 this Section, "private passenger vehicle" means a private
28	28	18 passenger motor vehicle, station wagon, or any other 4-wheeled
29	29	19 motor vehicle with a load capacity of 1,500 pounds or less that
30	30	20 is not used in the occupation, profession, or business of the
31	31	21 insured or third-party claimant, not used as a public or
32	32	22 livery conveyance for passengers, nor rented to others.
33	33	23 (b) If the insurer elects to replace the insured vehicle,
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3951 Introduced , by Rep. Thaddeus Jones SYNOPSIS AS INTRODUCED:
38	38	215 ILCS 5/154.9 215 ILCS 5/154.9
39	39	215 ILCS 5/154.9
40	40	Amends the Illinois Insurance Code. In provisions concerning private passenger total loss claims, provides that a 30-day period within which a replacement vehicle must be purchased or leased in order for an insurer to reimburse the insured or third-party claimant for any use or occupation tax imposed by the State or a unit of local government and title and transfer fees shall be extended for the duration of a medical condition that results in the incapacitation of the insured.
41	41	LRB103 26198 BMS 52557 b LRB103 26198 BMS 52557 b
42	42	LRB103 26198 BMS 52557 b
43	43	A BILL FOR
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49	49	215 ILCS 5/154.9
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68	68	1 the insurer shall pay any use or occupation tax imposed by the
69	69	2 State or a unit of local government tax and title and transfer
70	70	3 fees on the replacement vehicle.
71	71	4 (c) If a cash settlement is provided for the total loss
72	72	5 private passenger vehicle, the insurer shall reimburse the
73	73	6 insured or third-party claimant for any use or occupation tax
74	74	7 imposed by the State or a unit of local government and title
75	75	8 and transfer fees if the replacement vehicle is purchased or
76	76	9 leased within 30 days after the receipt of the cash settlement
77	77	10 by the insured or third-party claimant and the insured or
78	78	11 third-party claimant substantiates such purchase and the
79	79	12 payment of such taxes and fees by submission of appropriate
80	80	13 documentation to the insurer within 33 days after the receipt
81	81	14 of the settlement or receipt of the required reimbursement
82	82	15 form from the insurer, whichever is later.
83	83	16 (1) With respect to leased vehicles, use or occupation
84	84	17 taxes and title and transfer fees shall be deemed to be
85	85	18 incurred by the insured or the third-party claimant at the
86	86	19 time the lease is entered into, but only if such use or
87	87	20 occupation taxes and title and transfer fees are included
88	88	21 in the cost of the lease or are paid directly by the
89	89	22 insured or third-party claimant.
90	90	23 (2) The insurer is not required to reimburse the
91	91	24 insured or third-party claimant for any use or occupation
92	92	25 taxes and title or transfer fees in excess of the amount
93	93	26 payable based on the value of the total loss vehicle at the
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104	104	1 time of the loss or for taxes and title or transfer fees
105	105	2 not actually paid by the insured or third-party claimant.
106	106	3 (3) In lieu of this reimbursement procedure, the
107	107	4 insurer may directly pay the required amount of any use or
108	108	5 occupation taxes and title and transfer fees to the
109	109	6 claimant at the time of settlement.
110	110	7 (4) If an insurer requires a particular form be used
111	111	8 to apply for reimbursement of any use or occupation taxes
112	112	9 and title or transfer fees, the form must be delivered to
113	113	10 the insured or third-party claimant at or before the time
114	114	11 of settlement.
115	115	12 (d) The 30-day period within which a replacement vehicle
116	116	13 must be purchased or leased under subsection (c) shall be
117	117	14 extended for the duration of a medical condition that results
118	118	15 in the incapacitation of the insured.
119	119	16 (e) (d) The Department may adopt rules establishing
120	120	17 uniform standards for implementation of this Section,
121	121	18 including, but not limited to, prescribing the method of
122	122	19 determining the market value of the insured's or third-party
123	123	20 claimant's vehicle.
124	124	21 (Source: P.A. 102-69, eff. 7-1-22.)
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