Full Text of SB2905 93rd General Assembly
SB2905 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 SB2905
Introduced 2/6/2004, by Terry Link SYNOPSIS AS INTRODUCED: |
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815 ILCS 308/10 |
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815 ILCS 308/15 |
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815 ILCS 308/20 |
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815 ILCS 308/25 |
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815 ILCS 308/70 |
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815 ILCS 308/75 |
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Amends the Automotive Collision Repair Act. Changes the definition of the term "automotive collision and body repair facility" to include a person, firm,
association, or
corporation that engages in the business of estimating the cost of cosmetic repair,
structural
repair, or refinishing of motor vehicles with defect related to accident or
collision. Makes changes concerning disclosures a collision repair facility must present to a consumer when the facility is required to present an estimated price quotation to the consumer. Provides that if it is determined that the
estimated price of a repair is
insufficient because of unforeseen circumstances, the consumer is entitled to full compensation for additional parts or labor subsequent to a complete diagnosis. Makes changes concerning what constitutes unlawful practice under the Act. Makes other changes.
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A BILL FOR
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SB2905 |
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LRB093 19300 LRD 45036 b |
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| AN ACT concerning business transactions.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Automotive Collision Repair Act is amended | 5 |
| by changing Sections 10, 15, 20, 25, 70, and 75 as follows:
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| (815 ILCS 308/10)
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| Sec. 10. Definitions. As used in this Act:
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| "Automotive collision and body repair" means all repairs | 9 |
| that are commonly
performed by a
body repair technician to | 10 |
| restore a motor vehicle damaged in an accident or
collision to | 11 |
| a
condition
similar to
the motor vehicle condition
prior to the | 12 |
| damage or deterioration including, but not limited to, the
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| diagnosis,
installation, exchange,
repair, or refinishing of | 14 |
| exterior body panels, trim, lighting, and
structural chassis.
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| The term does not include commercial fleet repair or
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| maintenance
transactions involving 2 or more motor vehicles or | 17 |
| ongoing service or
maintenance
contracts involving
motor | 18 |
| vehicles used primarily for business purposes.
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| "Automotive collision and body repair facility" means a | 20 |
| person, firm,
association, or
corporation that for | 21 |
| compensation engages in the business of cosmetic repair,
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| structural
repair, or refinishing of motor vehicles with defect | 23 |
| related to accident or
collision or in estimating the cost of | 24 |
| cosmetic repair,
structural
repair, or refinishing of motor | 25 |
| vehicles with defect related to accident or
collision .
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| "New part" means a part or component manufactured or | 27 |
| supplied by the original
motor vehicle
manufacturer in an | 28 |
| unused condition.
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| "Used part" means an original motor vehicle manufacturer | 30 |
| part or component
removed from
a motor vehicle of similar make, | 31 |
| model, and condition without the benefit of
being
rebuilt or
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| remanufactured.
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| "Rebuilt part" or "reconditioned part" means a used part | 2 |
| that has been
inspected and
remanufactured to restore | 3 |
| functionality and performance.
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| "Aftermarket part" means a new part that is not | 5 |
| manufactured or supplied by
the original
motor vehicle | 6 |
| manufacturer for addition to, or replacement of, exterior body
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| panel
or trim.
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| (Source: P.A. 93-565, eff. 1-1-04.)
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| (815 ILCS 308/15)
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| Sec. 15. Disclosure to consumers; estimates.
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| (a) No work for compensation that exceeds $100 shall be | 12 |
| commenced without
specific
authorization from the consumer | 13 |
| after the disclosure set forth in this Section.
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| (b) Every motor vehicle collision repair facility shall | 15 |
| either (i) give to
each
consumer a written
estimated price for | 16 |
| labor and parts for a specific repair and shall not charge
for | 17 |
| work done or parts
supplied in an amount that exceeds the | 18 |
| estimate by more than 10% without oral
or written consent
from | 19 |
| the consumer; or (ii) give to each consumer a written price | 20 |
| limit for each
specific repair and
shall not exceed that limit | 21 |
| without oral or written consent of the consumer.
The estimate | 22 |
| shall
include the total costs to repair the motor vehicle.
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| Estimates shall include all charges to be paid by the | 24 |
| consumer to complete
the repair,
including any charges for | 25 |
| estimates, diagnostics, storage, and administrative
fees.
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| (c) Motor vehicle collision repair facilities shall | 27 |
| describe in the
estimate the major
parts needed to
effectuate | 28 |
| the repair and shall designate the parts as either new parts, | 29 |
| used
parts, rebuilt or
reconditioned parts, or aftermarket | 30 |
| parts
as set forth in Section 10 of
this Act.
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| (d) Estimates shall indicate that the collision repair | 32 |
| facility may use a
combination of
industry standard flat rate | 33 |
| (time) manuals, actual time, or condition of the
motor vehicle | 34 |
| to determine
labor costs. This disclosure mandate may also be | 35 |
| fulfilled by means of a sign
that provides the
same information |
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| to the consumer. The sign shall be posted at a location that
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| can be easily viewed
by the consumer.
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| (e) If it is necessary to disassemble or partially | 4 |
| disassemble a motor
vehicle or motor
vehicle component
in order | 5 |
| to provide the consumer a written estimate for required | 6 |
| repairs, the
estimate shall show the
cost of any disassembly , | 7 |
| diagnostics, storage, and administrative fees if the consumer | 8 |
| elects not to
proceed with the
repair of the motor vehicle.
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| (f) The estimate shall include the date the estimate was | 10 |
| prepared or the
date the motor vehicle was
presented to the | 11 |
| collision repair facility for repair and the odometer reading
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| on the motor vehicle at the
time the estimate was prepared
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| motor vehicle was left with the collision repair facility .
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| (Source: P.A. 93-565, eff. 1-1-04.)
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| (815 ILCS 308/20)
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| Sec. 20. Notice of consumer's rights; estimate. When an | 17 |
| estimate is
required to be
presented to a consumer, a collision | 18 |
| repair facility shall disclose to the
prospective consumer an
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| estimated price quotation with the following statement | 20 |
| included or attached
with the
consumer's signature:
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| "You are entitled to a price estimate for the repairs | 22 |
| needed to restore your vehicle to a condition similar to the | 23 |
| motor vehicle condition prior to the damage or deterioration."
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| you have authorized.
The repair price
may be less than the | 25 |
| estimate but shall not exceed: (1) any price limited
estimate; | 26 |
| or (2)
any parts or labor estimate by more than 10%. Additional | 27 |
| repairs may not be
performed
without your consent.
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| You may waive your right to notification, which gives the | 29 |
| collision repair
facility the
right to set the price without | 30 |
| your permission. Your signature will indicate
your selection.
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| (a) I request an estimate in writing before you begin | 32 |
| repairs.
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| Signature .......................
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| (b) Please proceed with repairs but call me for approval | 35 |
| before continuing
if the
price exceeds $..............
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| Signature ......................
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| (c) I do not want an estimate and you may set the price of | 3 |
| repairs.
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| Signature ....................
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| Date.............. Time.....................
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| This estimated price for authorized repairs will be honored | 7 |
| if the motor
vehicle is delivered to the facility within the | 8 |
| time period agreed to by the
consumer and the collision repair | 9 |
| facility."
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| (Source: P.A. 93-565, eff. 1-1-04.)
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| (815 ILCS 308/25)
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| Sec. 25. Estimated price insufficient. If it is determined | 13 |
| that the
estimated price is
insufficient because of unforeseen | 14 |
| circumstances, the consumer is entitled to full compensation | 15 |
| for additional parts or labor subsequent to a complete | 16 |
| diagnosis.
consumer's consent must
be obtained before
the work | 17 |
| estimated is done or parts estimated are supplied. If the | 18 |
| consumer's
consent is
oral, the motor vehicle collision repair | 19 |
| facility shall make a notation on the
work
order or
estimate | 20 |
| and on the invoice of the date, time, name of person | 21 |
| authorizing the
additional
repairs, and telephone number | 22 |
| called, if any, together with a specification of
the
additional | 23 |
| parts and labor and the total additional cost.
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| (Source: P.A. 93-565, eff. 1-1-04.)
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| (815 ILCS 308/70)
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| Sec. 70. Unlawful practice
acts or practices . The
Each of | 27 |
| the following practice
acts or
practices is unlawful
when | 28 |
| committed by a motor vehicle collision repair facility:
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| A pattern or practice of preparing written estimates that | 30 |
| underestimate the final cost of repairs as established by a | 31 |
| reasonable basis. For the purpose of this Section, a reasonable | 32 |
| basis means (i) that the repair service is consistent with | 33 |
| specifications established by law or by the manufacturer of the | 34 |
| motor vehicle, component, or part or (ii) that the repair is in |
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| accordance with usual and customary practices.
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| (1) Advertising in a false, deceptive, or misleading | 3 |
| manner.
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| (2) Charging a consumer for parts not delivered or | 5 |
| installed or a labor
operation or repair
procedure that has | 6 |
| not actually been performed.
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| (3) Unauthorized operation of a consumer's motor | 8 |
| vehicle for purposes not
related
to repair or
diagnosis.
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| (4) Failing or refusing at the time of sale to provide | 10 |
| a consumer, upon
request, a copy at no
charge, of any | 11 |
| document signed by the consumer.
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| (5) Retaining duplicative payment from both the | 13 |
| consumer and warranty or
insurance
proceeds, but not | 14 |
| limited to, for the same covered component, part, or labor
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| in excess of collision repair
facility final repair
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| charges.
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| (6) Charging a consumer for unnecessary repairs. For | 18 |
| purposes of this
paragraph,
"unnecessary repairs" means | 19 |
| those repairs for which there is not reasonable
basis for | 20 |
| performing
the service. A reasonable basis includes: (i) | 21 |
| that the repair service is
consistent with specifications
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| established by law or the manufacturer of the motor | 23 |
| vehicle, component, or
part; (ii) that the repair
is in | 24 |
| accordance with usual and customary practices; (iii) that | 25 |
| the repair was
performed at the specific
request of the | 26 |
| consumer after the recommendation is not in accordance with
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| manufacturer or
accepted trade practices; or (iv) that the | 28 |
| repair is at the consumer's request.
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| (7) Misrepresenting the terms of a warranty, | 30 |
| guarantee, or service
agreement.
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| (8) Altering a motor vehicle to create a condition | 32 |
| requiring repair.
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| (9) Failing to honor a warranty, guarantee, or service | 34 |
| agreement to which
the
collision
repair facility is party.
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| (10) Charging or receiving payment for repairs not | 36 |
| authorized by the
consumer
under
Section 15, 20, 25, 30, |
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| 35, 40, 45, 50, 55, or 60.
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| (11) A pattern or practice of preparing written | 3 |
| estimates underestimating
the
final
costs of repairs.
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| (Source: P.A. 93-565, eff. 1-1-04.)
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| (815 ILCS 308/75)
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| Sec. 75. Violations. Whenever an automotive collision | 7 |
| repair facility is
knowingly
engaged in or has knowingly | 8 |
| engaged in a persistent practice or pattern of
conduct at a | 9 |
| single
location that violates this Act, that, knowingly, | 10 |
| persistent practice or
pattern of conduct shall be
deemed an | 11 |
| unlawful act or practice under the Consumer Fraud and Deceptive
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| Business Practices
Act. In the case of knowing, persistent | 13 |
| practice, or pattern of conduct, all
remedies, penalties, and
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| authority available to the Attorney General and the several | 15 |
| State's Attorneys
under the Consumer
Fraud and Deceptive | 16 |
| Business Practices Act for the enforcement of that Act
shall be | 17 |
| available for
the enforcement of this Act.
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| (Source: P.A. 93-565, eff. 1-1-04.)
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