Illinois General Assembly - Full Text of SB2104
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Full Text of SB2104  101st General Assembly




State of Illinois
2019 and 2020


Introduced 2/15/2019, by Sen. Thomas Cullerton


215 ILCS 5/155.29  from Ch. 73, par. 767.29
815 ILCS 308/15
815 ILCS 505/2M  from Ch. 121 1/2, par. 262M
815 ILCS 505/2Z  from Ch. 121 1/2, par. 262Z

    Amends the Illinois Insurance Code. Provides that no vehicle repair facility or installer may use repair specifications or procedures that are not in compliance with the original equipment manufacturer for those parts. Amends the Automotive Collision Repair Act. Provides that no vehicle repair estimate may include the use of non-original equipment manufacturer aftermarket crash parts unless authorized by the customer in writing. Provides specifications of what estimates should include. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that no person engaged in the business of performing services on merchandise shall advertise such services as factory authorized services unless, among other requirements, such services are repairs performed pursuant to original equipment manufacturer specifications subject to the Illinois Automotive Collision Repair Act. Provides that a violation of a Section in the Insurance Code concerning the regulation of the use of aftermarket crash parts constitutes an unlawful practice under the Act.

LRB101 09864 RAB 54966 b





SB2104LRB101 09864 RAB 54966 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 repair facility or installer may use
3repair specifications or procedures that are not in compliance
4with the original equipment manufacturer for those parts.
5(Source: P.A. 86-1234; 86-1475.)
6    Section 10. The Automotive Collision Repair Act is amended
7by changing Section 15 as follows:
8    (815 ILCS 308/15)
9    Sec. 15. Disclosure to consumers; estimates.
10    (a) No work for compensation that exceeds $100 shall be
11commenced without specific authorization from the consumer
12after the disclosure set forth in this Section.
13    (b) Every motor vehicle collision repair facility shall
14either (i) give to each consumer a written estimated price for
15labor and parts for a specific repair and shall not charge for
16work done or parts supplied in an amount that exceeds the
17estimate by more than 10% without oral or written consent from
18the consumer; or (ii) give to each consumer a written price
19limit for each specific repair and shall not exceed that limit
20without oral or written consent of the consumer. The estimate
21shall include the total costs to repair the motor vehicle.
22    Estimates shall include all charges to be paid by the
23consumer to complete the repair, including any charges for
24estimates, diagnostics, storage, and administrative fees.



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



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1    (h) The estimate shall include the use of repair
2specifications by the original equipment manufacturer for
3those parts, and no repair facility or installer may use repair
4specifications or procedures that are not in compliance with
5the original equipment manufacturer for those parts.
6(Source: P.A. 93-565, eff. 1-1-04.)
7    Section 15. The Consumer Fraud and Deceptive Business
8Practices Act is amended by changing Sections 2M and 2Z as
10    (815 ILCS 505/2M)  (from Ch. 121 1/2, par. 262M)
11    Sec. 2M.
12    No person engaged in the business of performing services on
13merchandise shall advertise such services as factory
14authorized services unless such services are performed by
15factory authorized personnel, or in the case of repairs subject
16to the Illinois Automotive Collision Repair Act, performed
17pursuant to original equipment manufacturer specifications.
18Any person so advertising shall, upon request, supply proof of
19such authorization through manufacturer certification. Any
20person who violates this Section commits an unlawful practice
21within the meaning of this Act, and in addition to relief
22available under Section 7 of this Act, may be prosecuted for
23the commission of a Class C misdemeanor.
24(Source: P.A. 78-589.)



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1    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
2    Sec. 2Z. Violations of other Acts. Any person who knowingly
3violates the Automotive Repair Act, the Automotive Collision
4Repair Act, Section 155.29 of the Illinois Insurance Code, the
5Home Repair and Remodeling Act, the Dance Studio Act, the
6Physical Fitness Services Act, the Hearing Instrument Consumer
7Protection Act, the Illinois Union Label Act, the Installment
8Sales Contract Act, the Job Referral and Job Listing Services
9Consumer Protection Act, the Travel Promotion Consumer
10Protection Act, the Credit Services Organizations Act, the
11Automatic Telephone Dialers Act, the Pay-Per-Call Services
12Consumer Protection Act, the Telephone Solicitations Act, the
13Illinois Funeral or Burial Funds Act, the Cemetery Oversight
14Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the
15Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan
16Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act,
17subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act,
18subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax
19Act, the Electronic Mail Act, the Internet Caller
20Identification Act, paragraph (6) of subsection (k) of Section
216-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,
2218d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
23Vehicle Code, Article 3 of the Residential Real Property
24Disclosure Act, the Automatic Contract Renewal Act, the Reverse
25Mortgage Act, Section 25 of the Youth Mental Health Protection



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1Act, the Personal Information Protection Act, or the Student
2Online Personal Protection Act commits an unlawful practice
3within the meaning of this Act.
4(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
5eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
6100-863, eff. 8-14-18.)