SB2104 EngrossedLRB101 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.
5However, this subsection is not intended to mandate the use of
6original equipment manufacturer repair parts that may be
7recommended in a repair specification or procedure by the
8original equipment manufacturer for those parts, and this
9subsection is not applicable to glass repair, replacement, and
10associated advanced driver assistance system calibration
11covered by the Automotive Repair Act.
12(Source: P.A. 86-1234; 86-1475.)
13    Section 10. The Automotive Collision Repair Act is amended
14by changing Sections 15 and 80 as follows:
15    (815 ILCS 308/15)
16    Sec. 15. Disclosure to consumers; estimates.
17    (a) No work for compensation that exceeds $100 shall be
18commenced without specific authorization from the consumer
19after the disclosure set forth in this Section.
20    (b) Every motor vehicle collision repair facility shall
21either (i) give to each consumer a written estimated price for
22labor and parts for a specific repair and shall not charge for
23work done or parts supplied in an amount that exceeds the
24estimate by more than 10% without oral or written consent from



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



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1prepared or the date the motor vehicle was presented to the
2collision repair facility for repair and the odometer reading
3on the motor vehicle at the time the motor vehicle was left
4with the collision repair facility.
5    (g) No estimate may include the use of a non-original
6equipment manufacturer aftermarket crash parts unless
7authorized by the customer in writing.
8    (h) The estimate shall include the use of repair
9specifications and procedures by the original equipment
10manufacturer for those parts, and no repair facility or
11installer may use repair specifications or procedures that are
12not in compliance with the original equipment manufacturer for
13those parts. However, this subsection is not intended to
14mandate the use of original equipment manufacturer repair parts
15that may be recommended in a repair specification or procedure
16by the original equipment manufacturer for those parts.
17(Source: P.A. 93-565, eff. 1-1-04.)
18    (815 ILCS 308/80)
19    Sec. 80. Exemptions. This Act does not apply to automotive
20repair, automotive repair facilities, and motor vehicle repair
21facilities covered by the Automotive Repair Act, including
22advanced driver assistance system calibration associated with
23glass repair and replacement that is covered by the Automotive
24Repair Act.
25(Source: P.A. 93-565, eff. 1-1-04.)



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1    Section 15. The Consumer Fraud and Deceptive Business
2Practices Act is amended by changing Sections 2M and 2Z as
4    (815 ILCS 505/2M)  (from Ch. 121 1/2, par. 262M)
5    Sec. 2M.
6    No person engaged in the business of performing services on
7merchandise shall advertise such services as factory
8authorized services unless such services are performed by
9factory authorized personnel, or in the case of repairs subject
10to the Illinois Automotive Collision Repair Act, performed
11pursuant to original equipment manufacturer specifications.
12Any person so advertising shall, upon request, supply proof of
13such authorization through manufacturer certification. Any
14person who violates this Section commits an unlawful practice
15within the meaning of this Act, and in addition to relief
16available under Section 7 of this Act, may be prosecuted for
17the commission of a Class C misdemeanor.
18(Source: P.A. 78-589.)
19    (815 ILCS 505/2Z)  (from Ch. 121 1/2, par. 262Z)
20    Sec. 2Z. Violations of other Acts. Any person who knowingly
21violates the Automotive Repair Act, the Automotive Collision
22Repair Act, Section 155.29 of the Illinois Insurance Code, the
23Home Repair and Remodeling Act, the Dance Studio Act, the



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1Physical Fitness Services Act, the Hearing Instrument Consumer
2Protection Act, the Illinois Union Label Act, the Installment
3Sales Contract Act, the Job Referral and Job Listing Services
4Consumer Protection Act, the Travel Promotion Consumer
5Protection Act, the Credit Services Organizations Act, the
6Automatic Telephone Dialers Act, the Pay-Per-Call Services
7Consumer Protection Act, the Telephone Solicitations Act, the
8Illinois Funeral or Burial Funds Act, the Cemetery Oversight
9Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the
10Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan
11Act, the Payday Loan Reform Act, the Mortgage Rescue Fraud Act,
12subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act,
13subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax
14Act, the Electronic Mail Act, the Internet Caller
15Identification Act, paragraph (6) of subsection (k) of Section
166-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115,
1718d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois
18Vehicle Code, Article 3 of the Residential Real Property
19Disclosure Act, the Automatic Contract Renewal Act, the Reverse
20Mortgage Act, Section 25 of the Youth Mental Health Protection
21Act, the Personal Information Protection Act, or the Student
22Online Personal Protection Act commits an unlawful practice
23within the meaning of this Act.
24(Source: P.A. 99-331, eff. 1-1-16; 99-411, eff. 1-1-16; 99-642,
25eff. 7-28-16; 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
26100-863, eff. 8-14-18.)