Illinois General Assembly - Full Text of HB3133
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Full Text of HB3133  102nd General Assembly

HB3133ham001 102ND GENERAL ASSEMBLY

Rep. Elizabeth Hernandez

Filed: 3/23/2021

 

 


 

 


 
10200HB3133ham001LRB102 13095 BMS 23788 a

1
AMENDMENT TO HOUSE BILL 3133

2    AMENDMENT NO. ______. Amend House Bill 3133 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10200HB3133ham001- 2 -LRB102 13095 BMS 23788 a

1constitute the exterior of a motor vehicle, including inner
2and outer panels.
3    "Non-original equipment manufacturer (Non-OEM)
4aftermarket crash part" means an aftermarket crash part not
5made for or by the manufacturer of the motor vehicle.
6    "Repair facility" means any motor vehicle dealer, garage,
7body shop, or other commercial entity that undertakes the
8repair or replacement of those parts that generally constitute
9the exterior of a motor vehicle.
10    "Installer" means an individual who actually does the work
11of replacing or repairing parts of a motor vehicle.
12    (c) Identification. Any aftermarket crash part supplied by
13a non-original equipment manufacturer for use in this State
14after the effective date of this Act shall have affixed
15thereto or inscribed thereon the logo or name of its
16manufacturer. The manufacturer's logo or name shall be visible
17after installation whenever practicable.
18    (d) Disclosure. No insurer shall specify the use of
19non-OEM aftermarket crash parts in the repair of an insured's
20motor vehicle, nor shall any repair facility or installer use
21non-OEM aftermarket crash parts to repair a vehicle unless the
22customer is advised of that fact in writing. In all instances
23where an insurer intends that non-OEM aftermarket crash parts
24be used in the repair of a motor vehicle, the insurer shall
25provide the customer with the following information:
26        (1) a written estimate that clearly identifies each

 

 

10200HB3133ham001- 3 -LRB102 13095 BMS 23788 a

1    non-OEM aftermarket crash part; and
2        (2) a disclosure settlement incorporated into or
3    attached to the estimate that reads as follows: "This
4    estimate has been prepared based on the use of crash parts
5    supplied by a source other than the manufacturer of your
6    motor vehicle. Warranties applicable to these replacement
7    parts are provided by the manufacturer or distributor of
8    these parts rather than the manufacturer of your vehicle."
9    (e) Procedures. No insurer shall specify the use of repair
10procedures that are not in compliance with original equipment
11manufacturer directives for those parts in the repair of an
12insured's motor vehicle, and no insurer shall specify the use
13of advanced driver assistance system calibration tools that
14are not approved by the original equipment manufacturer for
15such parts and repairs. However, this subsection does not
16require the use of original equipment manufacturer repair
17parts if the repair parts used are at least equal in like kind
18and quality and are disclosed pursuant to this Section of the
19Illinois Insurance Code.
20(Source: P.A. 86-1234; 86-1475.)".