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Full Text of SB0228  93rd General Assembly

SB0228enr 93rd General Assembly


093_SB0228enr

 
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 1        AN ACT concerning automotive motor vehicle repair.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Automotive Collision Repair Act.

 6        Section 5.  Purpose. With the  increased  complexity  and
 7    technology  involved in the repair of collision-damaged motor
 8    vehicles, there is a  need  for  improved  communication  and
 9    accounting  between  collision  repair  businesses  and motor
10    vehicle  owners.   This  Act  enables  purchasers  of   these
11    services   to  make  informed  decisions  based  on  standard
12    practices by Illinois automotive collision repair businesses.

13        Section 10. Definitions. As used in this Act:
14        "Automotive collision and body repair" means all  repairs
15    that  are  commonly  performed by a body repair technician to
16    restore a motor vehicle damaged in an accident  or  collision
17    to  a  condition similar to the motor vehicle condition prior
18    to the damage or deterioration including, but not limited to,
19    the diagnosis, installation, exchange, repair, or refinishing
20    of exterior  body  panels,  trim,  lighting,  and  structural
21    chassis. The term does not include commercial fleet repair or
22    maintenance  transactions  involving 2 or more motor vehicles
23    or ongoing service or maintenance contracts  involving  motor
24    vehicles used primarily for business purposes.
25        "Automotive  collision  and body repair facility" means a
26    person,  firm,   association,   or   corporation   that   for
27    compensation  engages  in  the  business  of cosmetic repair,
28    structural repair, or  refinishing  of  motor  vehicles  with
29    defect related to accident or collision.
30        "New  part"  means  a  part  or component manufactured or
 
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 1    supplied by the original motor  vehicle  manufacturer  in  an
 2    unused condition.
 3        "Used  part" means an original motor vehicle manufacturer
 4    part or component removed from a  motor  vehicle  of  similar
 5    make,  model,  and  condition  without  the  benefit of being
 6    rebuilt or remanufactured.
 7        "Rebuilt part" or "reconditioned part" means a used  part
 8    that   has  been  inspected  and  remanufactured  to  restore
 9    functionality and performance.
10        "Aftermarket  part"  means  a  new  part  that   is   not
11    manufactured  or  supplied  by  the  original  motor  vehicle
12    manufacturer  for  addition  to,  or replacement of, exterior
13    body panel or trim.

14        Section 15.  Disclosure to consumers; estimates.
15        (a)  No work for compensation that exceeds $100 shall  be
16    commenced  without  specific  authorization from the consumer
17    after the disclosure set forth in this Section.
18        (b)  Every motor vehicle collision repair facility  shall
19    either  (i)  give  to each consumer a written estimated price
20    for labor and parts for  a  specific  repair  and  shall  not
21    charge  for  work  done  or  parts supplied in an amount that
22    exceeds the estimate by more than 10% without oral or written
23    consent from the consumer; or (ii) give to  each  consumer  a
24    written  price  limit  for each specific repair and shall not
25    exceed that limit without oral  or  written  consent  of  the
26    consumer.  The  estimate  shall  include  the  total costs to
27    repair the motor vehicle.
28        Estimates shall include all charges to  be  paid  by  the
29    consumer  to  complete  the repair, including any charges for
30    estimates, diagnostics, storage, and administrative fees.
31        (c)   Motor vehicle  collision  repair  facilities  shall
32    describe in the estimate the major parts needed to effectuate
33    the repair and shall designate the parts as either new parts,
 
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 1    used  parts,  rebuilt  or reconditioned parts, or aftermarket
 2    parts as set forth in Section 10 of this Act.
 3        (d)  Estimates shall indicate that the  collision  repair
 4    facility may use a combination of industry standard flat rate
 5    (time)  manuals,  actual  time,  or  condition  of  the motor
 6    vehicle to determine labor costs. This disclosure mandate may
 7    also be fulfilled by means of a sign that provides  the  same
 8    information  to  the  consumer. The sign shall be posted at a
 9    location that can be easily viewed by the consumer.
10        (e)  If it  is  necessary  to  disassemble  or  partially
11    disassemble  a  motor  vehicle  or motor vehicle component in
12    order to provide the consumer a written estimate for required
13    repairs, the estimate shall show the cost of any  disassembly
14    if  the consumer elects not to proceed with the repair of the
15    motor vehicle.
16        (f)  The estimate shall include the date the estimate was
17    prepared or the date the motor vehicle was presented  to  the
18    collision repair facility for repair and the odometer reading
19    on  the  motor vehicle at the time the motor vehicle was left
20    with the collision repair facility.

21        Section 20.  Notice of consumer's rights; estimate.  When
22    an  estimate  is  required  to  be presented to a consumer, a
23    collision repair facility shall disclose to  the  prospective
24    consumer  an  estimated  price  quotation  with the following
25    statement included or attached with the consumer's signature:
26        "You are entitled to a price estimate for the repairs you
27    have authorized. The  repair  price  may  be  less  than  the
28    estimate   but  shall  not  exceed:  (1)  any  price  limited
29    estimate; or (2) any parts or labor  estimate  by  more  than
30    10%.  Additional  repairs  may  not be performed without your
31    consent.
32        You may waive your right to notification, which gives the
33    collision repair facility the right to set the price  without
 
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 1    your permission. Your signature will indicate your selection.
 2        (a)  I  request  an  estimate in writing before you begin
 3    repairs.
 4        Signature .......................
 5        (b)  Please proceed with repairs but call me for approval
 6    before continuing if the price exceeds $..............
 7        Signature ......................
 8        (c)  I do not want an estimate and you may set the  price
 9    of repairs.
10        Signature ....................
11        Date..............  Time.....................
12        This  estimated  price  for  authorized  repairs  will be
13    honored if the motor vehicle is  delivered  to  the  facility
14    within  the  time  period  agreed  to by the consumer and the
15    collision repair facility."

16        Section  25.  Estimated  price  insufficient.  If  it  is
17    determined that the estimated price is  insufficient  because
18    of  unforeseen  circumstances, the consumer's consent must be
19    obtained before the work estimated is done or parts estimated
20    are supplied. If the consumer's consent is  oral,  the  motor
21    vehicle  collision  repair  facility shall make a notation on
22    the work order or estimate and on the invoice  of  the  date,
23    time,  name of person authorizing the additional repairs, and
24    telephone  number   called,   if   any,   together   with   a
25    specification of the additional parts and labor and the total
26    additional cost.

27        Section 30.  Consumers authorizations of repairs or other
28    actions.  After  receiving  the  estimate,  the  owner or the
29    owner's agent may (i) authorize the repairs at  the  estimate
30    of  cost  and  time in writing, or (ii) request the return of
31    the motor vehicle in a disassembled state.  If  the  consumer
32    elects  the  return of the motor vehicle in a disassembled or
 
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 1    partially repaired state, the consumer may also  request  the
 2    return  of  all parts that were removed during disassembly or
 3    repair with the exception of parts that were  damaged  in  an
 4    accident  or  collision  to  the extent that retention by the
 5    collision repair facility was  not  feasible.  The  collision
 6    repair  facility  shall  make the motor vehicle available for
 7    possession within 3 working days after the time  of  request.
 8    The  collision  repair  facility may receive payment for only
 9    those items on the schedule of charges to which the  facility
10    is entitled.

11        Section   35.  Inability  to  deliver  motor  vehicle  to
12    facility during business hours. When the consumer  is  unable
13    to deliver the motor vehicle to the collision repair facility
14    during  business  hours,  and  the consumer has requested the
15    collision repair facility to take  possession  of  the  motor
16    vehicle  for  the purpose of repairing or estimating the cost
17    of repairing the motor vehicle, the collision repair facility
18    may not undertake the diagnosing or repairing of  any  damage
19    or  defects  to the motor vehicle for compensation unless the
20    collision repair  facility  has  complied  with  all  of  the
21    following conditions:
22             (1)  The  collision  repair  facility has prepared a
23        written estimate or a firm price quotation of  the  price
24        for  labor  and  parts necessary to disassemble or repair
25        the motor vehicle.
26             (2)  By telephone or  otherwise,  the  consumer  has
27        been given all of the material information on the written
28        estimate  or  firm  price quotation, and the consumer has
29        approved the written estimate or firm price quotation.
30             (3)  The consumer has  given  his  or  her  oral  or
31        written authorization to the collision repair facility to
32        disassemble  or  make the repairs pursuant to the written
33        estimate or firm price quotation.
 
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 1        If the consumer's authorization is  oral,  the  collision
 2    repair  facility  shall make, on both the written invoice and
 3    the estimate or firm price quotation, a notation of the  name
 4    of  the  person  authorizing the repairs, the date, the time,
 5    and the telephone number called, if any. Any charge for parts
 6    or  labor  in  excess  of  the  original  estimate  must   be
 7    separately   authorized   by  the  consumer  as  provided  in
 8    subsection (b) of Section 15 and in Section 25.

 9        Section 40.  Disclosures to consumers; invoices.
10        (a)  On  completion  of  repairs,  the  collision  repair
11    facility shall provide the consumer with an  accurate  record
12    in  the form of a final estimate or invoice. An estimate that
13    is stamped "invoice" may be deemed the same  as  an  itemized
14    invoice.  The  final  estimate  or  invoice  shall accurately
15    record in writing all of the items set forth in this Section.
16        (b)  The  invoice  shall  show   the   collision   repair
17    facility's  business  name  and  address,  the  date  of  the
18    invoice,  the odometer reading at the time the final estimate
19    or invoice was prepared, the name of the consumer,  and   the
20    description of the motor vehicle including the  motor vehicle
21    identification  number  (VIN). In addition, the invoice shall
22    describe  all  repair  work  done  by  the  collision  repair
23    facility, including all warranty work, and  shall  separately
24    identify (i) each major part supplied in a manner so that the
25    consumer can identify the part as one described in Section 10
26    of this Act, and (ii) the total price charged for all charges
27    including,  but  not limited to, parts, labor, and sales tax.
28    The invoice or final estimate shall  itemize  any  additional
29    charges  and  include those charges in the total presented to
30    the consumer.
31        (c)  A legible copy of  the  invoice  or  final  estimate
32    shall  be  given  to the consumer and a legible copy shall be
33    retained by the collision repair facility for a period  of  2
 
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 1    years  from  the  date  of  repair as a part of the collision
 2    repair  facility's  records,  which  may   be   retained   in
 3    electronic  format.  Records  may  be  stored  at  a separate
 4    location.

 5        Section    45.  Consumer     disclosures;     guarantees;
 6    warranties.
 7        (a)  If  a  collision repair facility provides a warranty
 8    on repair  parts  and  labor,  the  facility  shall  put  the
 9    warranty  in writing and give a legible copy to the consumer.
10    The  consumer's  copy  of  the  warranty  must  contain   the
11    following:
12             (1)  The   nature   and   extent  of  the  warranty,
13        including a description of parts and service included  in
14        or excluded from the warranty.
15             (2)  The   duration   of   the   warranty   and  the
16        requirements to be performed by the warrantee before  the
17        warrantor will fulfill the warranty.
18             (3)  All  conditions and limitations of the warranty
19        and the manner in which the warrantor  will  fulfill  the
20        warranty, such as by repair, replacement, or refund.
21             (4)  Any options of the warrantor or warrantee.
22             (5)  The warrantor's identity and address.
23        (b)  When repair or diagnostic work is performed pursuant
24    to  a  warranty,  a  collision  repair facility shall give an
25    estimate of the time to complete repairs.

26        Section 50.  Consumer disclosures; required signs.  Every
27    motor vehicle repair facility shall post in a prominent place
28    on  the  business premises one or more signs, readily visible
29    to customers, in the following form:

30    YOUR CUSTOMER RIGHTS. UNLESS THE  FACILITY  PROVIDES  A  FIRM
31    PRICE QUOTATION, YOU ARE ENTITLED BY LAW TO:
 
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 1     1.  A  WRITTEN ESTIMATE FOR REPAIRS THAT WILL COST MORE THAN
 2    $100 UNLESS ABSENT FACE-TO-FACE CONTACT (SEE ITEM 3 BELOW).

 3     2.  AUTHORIZE ORALLY OR IN WRITING ANY REPAIRS  THAT  EXCEED
 4    THE  ESTIMATED  TOTAL  PRE-SALES-TAX COST BY MORE THAN 10% OR
 5    THAT EXCEED THE LIMITED PRICE ESTIMATE.

 6     3.  AUTHORIZE ANY REPAIRS ORALLY OR IN WRITING IF YOUR MOTOR
 7    VEHICLE IS LEFT WITH THE COLLISION  REPAIR  FACILITY  WITHOUT
 8    FACE-TO-FACE  CONTACT  BETWEEN  YOU  AND THE COLLISION REPAIR
 9    FACILITY PERSONNEL.

10    IF YOU HAVE AUTHORIZED A REPAIR IN ACCORANCE WITH  THE  ABOVE
11    INFORMATION,  YOU  ARE  REQUIRED  TO PAY FOR THE COSTS OF THE
12    REPAIR PRIOR TO TAKING THE VEHICLE FROM THE PREMISES.

13        The first line of each sign shall be in letters not  less
14    than  1.5  inches in height, and the remaining lines shall be
15    in letters not less than 0.5 inch in height.

16        Section  55.  Recordkeeping.   Every   collision   repair
17    facility  shall  maintain  copies of estimates for contracted
18    work and all invoices. The copies may  be  maintained  in  an
19    electronic  format,  shall  be kept for 2 years, and shall be
20    available for inspection by the Attorney General.

21        Section 60.  Removal of motor vehicle from facility. Upon
22    reasonable notice and during the collision repair  facility's
23    business  hours, a consumer may remove a motor vehicle from a
24    collision repair facility upon paying for the following:
25             (1)  Labor actually performed.
26             (2)  Parts actually installed.
27             (3)  Parts ordered specifically for  the  consumer's
28        car  if  the order is not cancelable or the parts are not
29        returnable for cash or credit.
30             (4)  Storage and administrative charges  imposed  in
 
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 1        accordance  with  the  schedule of charges if posted on a
 2        sign within the shop or otherwise disclosed to  consumers
 3        prior to repairs.

 4        Section  65.  Lien  barred.  A  collision repair facility
 5    that fails to comply with Section 15, 20, 25, 30, 35, 40, 45,
 6    50, 55, or 60  is  barred  from  asserting  a  possessory  or
 7    chattel  lien  for  the  amount  of the unauthorized parts or
 8    labor upon the motor vehicle or component.

 9        Section 70.  Unlawful acts  or  practices.  Each  of  the
10    following  acts  or practices is unlawful when committed by a
11    motor vehicle collision repair facility:
12             (1)  Advertising   in   a   false,   deceptive,   or
13        misleading manner.
14             (2)  Charging a consumer for parts not delivered  or
15        installed  or  a labor operation or repair procedure that
16        has not actually been performed.
17             (3)  Unauthorized operation of  a  consumer's  motor
18        vehicle for purposes not related to repair or diagnosis.
19             (4)  Failing  or  refusing  at  the  time of sale to
20        provide a consumer, upon request, a copy at no charge, of
21        any document signed by the consumer.
22             (5)  Retaining duplicative  payment  from  both  the
23        consumer  and  warranty  or  insurance  proceeds, but not
24        limited to, for the  same  covered  component,  part,  or
25        labor in excess of collision repair facility final repair
26        charges.
27             (6)  Charging  a  consumer  for unnecessary repairs.
28        For purposes of  this  paragraph,  "unnecessary  repairs"
29        means  those  repairs  for  which there is not reasonable
30        basis for performing  the  service.  A  reasonable  basis
31        includes:  (i) that the repair service is consistent with
32        specifications established by law or the manufacturer  of
 
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 1        the  motor  vehicle,  component,  or  part; (ii) that the
 2        repair  is  in  accordance  with  usual   and   customary
 3        practices;  (iii)  that  the  repair was performed at the
 4        specific request of the consumer after the recommendation
 5        is not in accordance with manufacturer or accepted  trade
 6        practices;  or  (iv) that the repair is at the consumer's
 7        request.
 8             (7)  Misrepresenting  the  terms  of   a   warranty,
 9        guarantee, or service agreement.
10             (8)  Altering  a motor vehicle to create a condition
11        requiring repair.
12             (9)  Failing to  honor  a  warranty,  guarantee,  or
13        service  agreement to which the collision repair facility
14        is party.
15             (10)  Charging or receiving payment for repairs  not
16        authorized  by the consumer under Section 15, 20, 25, 30,
17        35, 40, 45, 50, 55, or 60.
18             (11)  A pattern or  practice  of  preparing  written
19        estimates underestimating the final costs of repairs.

20        Section 75.  Violations. Whenever an automotive collision
21    repair  facility  is  knowingly  engaged  in or has knowingly
22    engaged in a persistent practice or pattern of conduct  at  a
23    single  location  that  violates  this  Act, that, knowingly,
24    persistent practice or pattern of conduct shall be deemed  an
25    unlawful  act  or  practice  under  the  Consumer  Fraud  and
26    Deceptive  Business  Practices  Act.  In the case of knowing,
27    persistent practice, or pattern  of  conduct,  all  remedies,
28    penalties,  and  authority  available to the Attorney General
29    and the several State's Attorneys under  the  Consumer  Fraud
30    and  Deceptive  Business Practices Act for the enforcement of
31    that Act shall be available for the enforcement of this Act.

32        Section 80.  Exemptions.  This  Act  does  not  apply  to
 
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 1    facilities covered by the Automotive Repair Act.

 2        Section  800.  The  Automotive  Repair  Act is amended by
 3    adding Section 83 as follows:

 4        (815 ILCS 306/83 new)
 5        Sec.  83.  Exemptions.   This  Act  does  not  apply   to
 6    automotive collision and body repair facilities as defined in
 7    the Automotive Collision Repair Act.