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| 1 | AMENDMENT TO HOUSE BILL 2330
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| 2 | AMENDMENT NO. ______. Amend House Bill 2330 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
| 5 | changing Section 155.29 as follows:
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| 6 | (215 ILCS 5/155.29) (from Ch. 73, par. 767.29)
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| 7 | Sec. 155.29. (a) Purpose. The
The purpose of this Section
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| 8 | is to regulate the use of
aftermarket crash parts by requiring | ||||||
| 9 | disclosure when any use of
an aftermarket non-original | ||||||
| 10 | equipment manufacturer's crash part is proposed and by
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| 11 | requiring that the manufacturers of such aftermarket crash | ||||||
| 12 | parts be identified.
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| 13 | (b) Definitions. As used in this Section the following | ||||||
| 14 | terms have
the following meanings:
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| 15 | "Aftermarket crash part" means a replacement for any of the | ||||||
| 16 | nonmechanical
sheet metal or plastic parts that generally | ||||||
| 17 | constitute the exterior of a
motor vehicle, including inner and | ||||||
| 18 | outer panels.
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| 19 | "Non-original equipment manufacturer (Non-OEM) aftermarket | ||||||
| 20 | crash part"
means an aftermarket crash part not made for or by | ||||||
| 21 | the manufacturer of the motor vehicle.
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| 22 | "Repair facility" means any motor vehicle dealer, garage, | ||||||
| 23 | body shop, or
other commercial entity that undertakes the | ||||||
| 24 | repair or replacement of those
parts that generally constitute | ||||||
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| 1 | the exterior of a motor vehicle.
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| 2 | "Installer" means an individual who actually does the work | ||||||
| 3 | of replacing
or repairing parts of a motor vehicle.
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| 4 | (c) Identification. Any aftermarket crash part supplied by | ||||||
| 5 | a
non-original equipment manufacturer for use in this State | ||||||
| 6 | after the
effective date of this Act shall have affixed thereto | ||||||
| 7 | or inscribed thereon
the logo or name of its
manufacturer. The | ||||||
| 8 | manufacturer's logo or name shall be visible after
installation | ||||||
| 9 | whenever practicable.
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| 10 | (d) Disclosure. No insurer shall specify the use of non-OEM
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| 11 | aftermarket crash parts in the repair of an insured's motor | ||||||
| 12 | vehicle, nor
shall any repair facility or installer use non-OEM | ||||||
| 13 | aftermarket crash parts
to repair a vehicle unless the customer | ||||||
| 14 | is advised of that fact in
writing. In all instances where an | ||||||
| 15 | insurer intends that non-OEM
aftermarket crash parts be used in | ||||||
| 16 | the repair of a motor vehicle, the
insurer shall provide the | ||||||
| 17 | customer with the following information:
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| 18 | (1) a written estimate that clearly identifies each | ||||||
| 19 | non-OEM aftermarket crash part; and
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| 20 | (2) a disclosure settlement incorporated into or | ||||||
| 21 | attached to the
estimate that reads as follows: "This | ||||||
| 22 | estimate has been prepared based on
the use of crash parts | ||||||
| 23 | supplied by a source other than the manufacturer of
your | ||||||
| 24 | motor vehicle. Warranties applicable to these replacement | ||||||
| 25 | parts are
provided by the manufacturer or distributor of | ||||||
| 26 | these parts rather than the
manufacturer of your vehicle."
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| 27 | (Source: P.A. 86-1234; 86-1475.)".
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