Illinois General Assembly - Full Text of HB3133
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3133  102nd General Assembly

HB3133 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3133

 

Introduced 2/19/2021, 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.


LRB102 13095 BMS 18438 b

 

 

A BILL FOR

 

HB3133LRB102 13095 BMS 18438 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
8to regulate 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
16the nonmechanical sheet metal or plastic parts that generally
17constitute the exterior of a motor vehicle, including inner
18and outer panels.
19    "Non-original equipment manufacturer (Non-OEM)
20aftermarket crash part" means an aftermarket crash part not
21made for or by the manufacturer of the motor vehicle.
22    "Repair facility" means any motor vehicle dealer, garage,
23body shop, or other commercial entity that undertakes the

 

 

HB3133- 2 -LRB102 13095 BMS 18438 b

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
8thereto or inscribed thereon the logo or name of its
9manufacturer. The manufacturer's logo or name shall be visible
10after installation whenever practicable.
11    (d) Disclosure. No insurer shall specify the use of
12non-OEM aftermarket crash parts in the repair of an insured's
13motor vehicle, nor shall any repair facility or installer use
14non-OEM aftermarket crash parts to repair a vehicle unless the
15customer is advised of that fact in writing. In all instances
16where an insurer intends that non-OEM aftermarket crash parts
17be used in the repair of a motor vehicle, the insurer shall
18provide the customer 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

 

 

HB3133- 3 -LRB102 13095 BMS 18438 b

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
7with original equipment manufacturer directives for those
8parts to repair a vehicle. However, this subsection does not
9require the use of original equipment manufacturer repair
10parts or original equipment manufacturer advanced driver
11assistance system calibration tools that may be recommended in
12an original equipment manufacturer directive if the repair
13parts or calibration tools used are at least equal in like kind
14and quality 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

 

 

HB3133- 4 -LRB102 13095 BMS 18438 b

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
22information to the consumer. The sign shall be posted at a
23location that can 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
26order to provide the consumer a written estimate for required

 

 

HB3133- 5 -LRB102 13095 BMS 18438 b

1repairs, the estimate shall show the cost of any disassembly
2if the consumer elects not to proceed with the repair of the
3motor vehicle.
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
10procedures and replacement parts that are in compliance with
11original equipment manufacturer directives for those parts.
12However, this subsection does not require the use of original
13equipment manufacturer repair parts or original equipment
14manufacturer advanced driver assistance system calibration
15tools that may be recommended in an original equipment
16manufacturer directive if the repair parts or calibration
17tools used are at least equal in like kind and quality and
18otherwise conform to original equipment manufacturer
19directives.
20(Source: P.A. 93-565, eff. 1-1-04.)