SB2090 103RD GENERAL ASSEMBLY

LRB103 28490 SPS 54871 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2090

Introduced 2/9/2023, by Sen. Patrick J. Joyce

SYNOPSIS AS INTRODUCED:

815 ILCS 505/2BBBB new

Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that service providers, insurance companies, and third-party administrators working on advanced driving assistance systems or assuming responsibility for repairs to advanced driving assistance systems shall comply with specified requirements. Provides that any person who violates the provisions commits an unlawful practice within the meaning of the Act.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Consumer Fraud and Deceptive Business Practices Act is amended by adding Section 2BBBB as follows:

(815 ILCS 505/2BBBB new)

Sec. 2BBBB. Advanced driving assistance system repair.

(a) As used in this Section:

"Advanced driving assistance systems" or "ADAS" includes technologies that provide driver support, such as adaptive cruise control, lane departure warnings, parking assistance, and surround view cameras or attempt to prevent collisions, such as automatic emergency braking, forward collision warning, blind spot detection, and pedestrian detection. "Advanced driving assistance system" includes systems that use cameras, radar, light detection and ranging technology, vehicle-to-everything communication, global positioning systems, and mapping data.

"ADAS calibration" means the precise physical alignment, testing, and electronic aiming of sensors that collect data to inform the vehicle's advanced driver assistance systems.

"Original equipment manufacturer" means a company that manufactures and sells products to a buyer that the buyer then sells under the buyer's own branding.

"Service provider" means an automotive repair shop, body shop, mechanic, windshield installer, or any other entity that repairs and calibrates advanced driving assistance systems.

"Third party" means a third-party administrator acting on behalf of an insurance company or another entity who assumes responsibility for needed repairs to advanced driving assistance systems.

(b) A service provider working on advanced driving assistance systems shall comply with the following requirements:

(1) Any service provider who provides or claims to provide ADAS calibration services shall have at least one technician who has completed an ADAS training course provided by an outside, independent source designated by the Department or the calibration system's manufacturer. A service provider shall submit proof of the successful completion of such training to the Department of Labor for verification.

(2) If a vehicle that is expected to have ADAS calibration performed on it in conjunction with other services is unable to be calibrated, the service provider shall inform the customer, both verbally and in writing, that the vehicle's safety systems are not fully functional, and that although drivable, coordination must be done to have the repair completed by a dealership or other next level repair facility.

(3) If a service provider uses aftermarket parts that could affect a vehicle's ADAS systems, or that have the possibility of voiding a consumer's warranty, the customer shall be informed in writing and given the option of using the original equipment manufacturer's parts with additional cost.

(4) Service providers shall not perform work that contradicts the manufacturer's requirements in relation to ADAS features. If a service provider deviates from a manufacturer's recommended procedures, the customer shall be informed in writing.

(5) If a service provider does not have the ability to calibrate ADAS systems that are related to work the service provider normally performs, the service provider shall be permitted to subcontract the calibration to an outside provider.

(c) An insurance company or third-party administrator that assumes responsibility for repairs to advanced driving assistance systems shall comply with the following requirements:

(1) If a service provider remains unpaid or short paid by a third party for more than 30 days after the completion of service, the vehicle owner shall remain responsible for the balance including any late fees.

(2) No third parties shall require that a service provider bill them directly in order for them to pay for items and services covered under insurance or other agreements. A customer shall maintain the right to pay and be reimbursed by a third party in a timely fashion, by submitting a paid invoice as proof of service.

(3) Third parties shall not maintain billing practices that intentionally create difficulties and complexities that may allow them to hold payments for unreasonable amounts of time and shall not charge late fees once that third party has accepted an offer to pay on behalf of the customer.

(4) Third parties shall not force a customer to accept any product or service that may void a manufacturer's warranty by threatening not to pay for the service.

(5) Third parties shall not orally, or in writing, attempt to influence, recommend, or deter a customer from choosing a specific service provider. Third parties shall not make statements that call into question a service provider's quality, warranty, or ability.

(6) Third parties shall not have a conflict of interest by also being involved, or having a partnership with, companies providing service to advanced driving assistance systems.

(7) Third parties shall not demand to pay less than the listed price for an item that has been given that value by a manufacturer, wholesaler, dealer, or independent industry benchmark calculator. The issuance of discounts for these pricing benchmarks are at the discretion of the service providers.

(8) Third parties shall not dictate a service provider's labor rate. A service provider shall not charge a labor rate which is grossly inconsistent with that charged to other payers.

(9) Third parties shall have the right to know a service provider's acquisition price for a part. This information is permitted to be shared for items that have no list price when justification is needed for circumstances beyond normal guidelines.

(10) Third parties shall not dictate what brand a service provider must use in completing service on advanced driving assistance systems.

(11) Service providers and third parties have the right to negotiate offer and acceptance agreements in order to facilitate the ease of billing and amicable relationships as long as it does not violate the provisions described in paragraph (5). If no long-term agreement is in place, the provisions of this paragraph shall apply on a case-by-case basis.

(12) No insurance provider or its representative shall issue a policy that does not cover the full cost of properly repairing an ADAS-equipped vehicle without expressly informing the client in both oral and written form.

(13) Any insurance provider with active policies that do not cover the full cost of repairing an ADAS-equipped system must notify its customers in writing after the effective date of this amendatory Act of the 103rd General Assembly.

(d) Any person who violates this Section commits an unlawful practice within the meaning of this Act.