101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4916

 

Introduced 2/18/2020, by Rep. Elizabeth Hernandez

 

SYNOPSIS AS INTRODUCED:
 
215 ILCS 5/155.29  from Ch. 73, par. 767.29
815 ILCS 308/15

    Amends the Illinois Insurance Code. Provides that no insurer shall specify the use of repair procedures that are not in compliance with original equipment manufacturer directives for those parts in the repair of an insured's motor vehicle, nor shall any repair facility or installer use repair procedures that are not in compliance with original equipment manufacturer directives for those parts to repair a vehicle. Provides that the use of original equipment manufacturer repair parts or original equipment manufacturer advanced driver assistance system calibration tools that may be recommended in an original equipment manufacturer directive are not required if the repair parts or tools used are at least equal in like kind and quality and otherwise conform to original equipment manufacturer directives. Amends the Automotive Collision Repair Act. Provides that an estimate given to a consumer by a motor vehicle collision repair facility shall include the use of repair procedures and replacement parts that are in compliance with original equipment manufacturer directives for those parts. Provides that the use of original equipment manufacturer repair parts or original equipment manufacturer advanced driver assistance system calibration tools that may be recommended in an original equipment manufacturer directive are not required if the repair parts or tools used are at least equal in quality and otherwise conform to original equipment manufacturer directives.


LRB101 18283 BMS 67729 b

 

 

A BILL FOR

 

HB4916LRB101 18283 BMS 67729 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Insurance Code is amended by
5changing Section 155.29 as follows:
 
6    (215 ILCS 5/155.29)  (from Ch. 73, par. 767.29)
7    Sec. 155.29. (a) Purpose. The purpose of this Section is to
8regulate the use of aftermarket crash parts by requiring
9disclosure when any use of an aftermarket non-original
10equipment manufacturer's crash part is proposed and by
11requiring that the manufacturers of such aftermarket crash
12parts be identified.
13    (b) Definitions. As used in this Section the following
14terms have the following meanings:
15    "Aftermarket crash part" means a replacement for any of the
16nonmechanical sheet metal or plastic parts that generally
17constitute the exterior of a motor vehicle, including inner and
18outer panels.
19    "Non-original equipment manufacturer (Non-OEM) aftermarket
20crash part" means an aftermarket crash part not made for or by
21the manufacturer of the motor vehicle.
22    "Repair facility" means any motor vehicle dealer, garage,
23body shop, or other commercial entity that undertakes the

 

 

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1repair or replacement of those parts that generally constitute
2the exterior of a motor vehicle.
3    "Installer" means an individual who actually does the work
4of replacing or repairing parts of a motor vehicle.
5    (c) Identification. Any aftermarket crash part supplied by
6a non-original equipment manufacturer for use in this State
7after the effective date of this Act shall have affixed thereto
8or inscribed thereon the logo or name of its manufacturer. The
9manufacturer's logo or name shall be visible after installation
10whenever practicable.
11    (d) Disclosure. No insurer shall specify the use of non-OEM
12aftermarket crash parts in the repair of an insured's motor
13vehicle, nor shall any repair facility or installer use non-OEM
14aftermarket crash parts to repair a vehicle unless the customer
15is advised of that fact in writing. In all instances where an
16insurer intends that non-OEM aftermarket crash parts be used in
17the repair of a motor vehicle, the insurer shall provide the
18customer with the following information:
19        (1) a written estimate that clearly identifies each
20    non-OEM aftermarket crash part; and
21        (2) a disclosure settlement incorporated into or
22    attached to the estimate that reads as follows: "This
23    estimate has been prepared based on the use of crash parts
24    supplied by a source other than the manufacturer of your
25    motor vehicle. Warranties applicable to these replacement
26    parts are provided by the manufacturer or distributor of

 

 

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1    these parts rather than the manufacturer of your vehicle."
2    (e) Procedures. No insurer shall specify the use of repair
3procedures that are not in compliance with original equipment
4manufacturer directives for those parts in the repair of an
5insured's motor vehicle, nor shall any repair facility or
6installer use repair procedures that are not in compliance with
7original equipment manufacturer directives for those parts to
8repair a vehicle. However, this subsection does not require the
9use of original equipment manufacturer repair parts or original
10equipment manufacturer advanced driver assistance system
11calibration tools that may be recommended in an original
12equipment manufacturer directive if the repair parts or
13calibration tools used are at least equal in like kind and
14quality and otherwise conform to original equipment
15manufacturer directives.
16(Source: P.A. 86-1234; 86-1475.)
 
17    Section 10. The Automotive Collision Repair Act is amended
18by changing Section 15 as follows:
 
19    (815 ILCS 308/15)
20    Sec. 15. Disclosure to consumers; estimates.
21    (a) No work for compensation that exceeds $100 shall be
22commenced without specific authorization from the consumer
23after the disclosure set forth in this Section.
24    (b) Every motor vehicle collision repair facility shall

 

 

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1either (i) give to each consumer a written estimated price for
2labor and parts for a specific repair and shall not charge for
3work done or parts supplied in an amount that exceeds the
4estimate by more than 10% without oral or written consent from
5the consumer; or (ii) give to each consumer a written price
6limit for each specific repair and shall not exceed that limit
7without oral or written consent of the consumer. The estimate
8shall include the total costs to repair the motor vehicle.
9    Estimates shall include all charges to be paid by the
10consumer to complete the repair, including any charges for
11estimates, diagnostics, storage, and administrative fees.
12    (c) Motor vehicle collision repair facilities shall
13describe in the estimate the major parts needed to effectuate
14the repair and shall designate the parts as either new parts,
15used parts, rebuilt or reconditioned parts, or aftermarket
16parts as set forth in Section 10 of this Act.
17    (d) Estimates shall indicate that the collision repair
18facility may use a combination of industry standard flat rate
19(time) manuals, actual time, or condition of the motor vehicle
20to determine labor costs. This disclosure mandate may also be
21fulfilled by means of a sign that provides the same information
22to the consumer. The sign shall be posted at a location that
23can be easily viewed by the consumer.
24    (e) If it is necessary to disassemble or partially
25disassemble a motor vehicle or motor vehicle component in order
26to provide the consumer a written estimate for required

 

 

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1repairs, the estimate shall show the cost of any disassembly if
2the consumer elects not to proceed with the repair of the motor
3vehicle.
4    (f) The estimate shall include the date the estimate was
5prepared or the date the motor vehicle was presented to the
6collision repair facility for repair and the odometer reading
7on the motor vehicle at the time the motor vehicle was left
8with the collision repair facility.
9    (g) The estimate shall include the use of repair procedures
10and replacement parts that are in compliance with original
11equipment manufacturer directives for those parts. However,
12this subsection does not require the use of original equipment
13manufacturer repair parts or original equipment manufacturer
14advanced driver assistance system calibration tools that may be
15recommended in an original equipment manufacturer directive if
16the repair parts or calibration tools used are at least equal
17in like kind and quality and otherwise conform to original
18equipment manufacturer directives.
19(Source: P.A. 93-565, eff. 1-1-04.)