State of Illinois
2017 and 2018


Introduced , by Rep. Linda Chapa LaVia


215 ILCS 5/155.29  from Ch. 73, par. 767.29
815 ILCS 308/15

    Amends the Illinois Insurance Code and the Automotive Collision Repair Act. Provides that the use of non-original equipment manufacturer aftermarket crash parts may not be included in an estimate for repair of a motor vehicle unless the customer is advised of that fact in writing. Requires the use of original equipment manufacturer specifications.

LRB100 18704 JLS 33936 b





HB4926LRB100 18704 JLS 33936 b

1    AN ACT concerning business.
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 repair facility or installer may use
3repair specifications or procedures that are not in compliance
4with the original equipment manufacturer for those parts unless
5authorized by the customer in writing.
6(Source: P.A. 86-1234; 86-1475.)
7    Section 10. The Automotive Collision Repair Act is amended
8by changing Section 15 as follows:
9    (815 ILCS 308/15)
10    Sec. 15. Disclosure to consumers; estimates.
11    (a) No work for compensation that exceeds $100 shall be
12commenced without specific authorization from the consumer
13after the disclosure set forth in this Section.
14    (b) Every motor vehicle collision repair facility shall
15either (i) give to each consumer a written estimated price for
16labor and parts for a specific repair and shall not charge for
17work done or parts supplied in an amount that exceeds the
18estimate by more than 10% without oral or written consent from
19the consumer; or (ii) give to each consumer a written price
20limit for each specific repair and shall not exceed that limit
21without oral or written consent of the consumer. The estimate
22shall include the total costs to repair the motor vehicle.
23    Estimates shall include all charges to be paid by the
24consumer to complete the repair, including any charges for



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1estimates, diagnostics, storage, and administrative fees.
2    (c) Motor vehicle collision repair facilities shall
3describe in the estimate the major parts needed to effectuate
4the repair and shall designate the parts as either new parts,
5used parts, rebuilt or reconditioned parts, or aftermarket
6parts as set forth in Section 10 of this Act.
7    (d) Estimates shall indicate that the collision repair
8facility may use a combination of industry standard flat rate
9(time) manuals, actual time, or condition of the motor vehicle
10to determine labor costs. This disclosure mandate may also be
11fulfilled by means of a sign that provides the same information
12to the consumer. The sign shall be posted at a location that
13can be easily viewed by the consumer.
14    (e) If it is necessary to disassemble or partially
15disassemble a motor vehicle or motor vehicle component in order
16to provide the consumer a written estimate for required
17repairs, the estimate shall show the cost of any disassembly if
18the consumer elects not to proceed with the repair of the motor
20    (f) The estimate shall include the date the estimate was
21prepared or the date the motor vehicle was presented to the
22collision repair facility for repair and the odometer reading
23on the motor vehicle at the time the motor vehicle was left
24with the collision repair facility.
25    (g) No estimate may include the use of a non-original
26equipment manufacturer aftermarket crash parts unless



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1authorized by the customer in writing.
2    (h) The estimate shall include the use of repair
3specifications by the original equipment manufacturer for
4those parts, and no repair facility or installer may use repair
5specifications or procedures that are not in compliance with
6the original equipment manufacturer for those parts unless
7authorized by the customer in writing.
8(Source: P.A. 93-565, eff. 1-1-04.)