90th General Assembly
Summary of SB1039
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Senate Sponsors:
KLEMM-FITZGERALD AND GARCIA.

House Sponsors:
GRANBERG-MCKEON-LOPEZ-ACEVEDO

Short description: 
AUTO REPAIR DISCLOSURES                                                    

Synopsis of Bill as introduced:
        Creates the Automotive  Repair  Act.   Requires  that  automotive      
   repair  facilities  disclose  certain information concerning estimates      
   for repair work, warranties, and other  matters.  Provides  procedures      
   for  consumer authorization of repairs.  Makes violation of the Act an      
   unlawful practice under the  Consumer  Fraud  and  Deceptive  Business      
   Practices Act.                                                              
        SENATE AMENDMENT NO. 1.                                                
        Replaces the substantive provisions  of  the  bill  with  similar      
   provisions    except  as  follows:   (1)  in definition of "automotive      
   repair", deletes provisions  concerning  repair  of  body  panels  and      
   components  and  other  items  and    excludes  transactions involving      
   purchase of items such as tires and batteries;  (2) deletes provisions      
   concerning return of replaced parts; (3) deletes "failing   to  comply      
   with  any  other  requirements  under  this Act" as an unlawful act or      
   practice;  and  (4)  authorizes  the  Attorney  General  and   State's      
   Attorneys  to  bring  an  action  for injunctive relief to restrain an      
   unlawful act or practice.                                                   
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          815 ILCS 505/2Z                                                      
        Deletes  requirement  that  an  estimate  indicate  reasons   for      
   required  or suggested repairs.  Authorizes repairs pursuant to a firm      
   price quotation when a consumer is unable to deliver a  vehicle  to  a      
   repair  facility  during business hours.  Authorizes a repair facility      
   to maintain records in an electronic format.  Requires that a facility      
   maintain copies of estimates for  contracted  work  and  all  invoices      
   (rather than copies of signed estimates and all work orders, invoices,      
   parts   purchase   orders,  appraisals,  and  schedules  of  charges).      
   Replaces the provisions concerning violations of the Automotive Repair      
   Act; provides that  a  knowing,  persistent  practice  or  pattern  of      
   conduct  that  violates  that  Act  shall be deemed an unlawful act or      
   practice under the Consumer Fraud  and  Deceptive  Business  Practices      
   Act,  and  gives  the  Attorney General and State's Attorneys the same      
   enforcement powers under  the  Automotive  Repair  Act  as  under  the      
   Consumer  Fraud  and  Deceptive  Business  Practices  Act.  Amends the      
   Consumer Fraud and Deceptive Business Practices Act to make a  knowing      
   violation of the Automotive Repair Act an unlawful practice within the      
   meaning  of  the  Consumer Fraud and Deceptive Business Practices Act.      
   Makes other changes.                                                        
          FISCAL NOTE (DCCA)                                                   
          SB1039 imposes no additional requirements and does not have a        
          fiscal impact on units of local gov't.                               
          FISCAL NOTE, H-AM 1 (DCCA)                                           
          SB1039, amended by H-am 1 imposes no additional requirements         
          and does not have a fiscal impact on units of local gov't.           
 
Last action on Bill: PUBLIC ACT.............................. 90-0426

   Last action date: 97-08-15

           Location: Senate

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   1     SENATE -   1


   END OF INQUIRY 



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