Illinois General Assembly - Full Text of SB2953
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Full Text of SB2953  100th General Assembly

SB2953sam001 100TH GENERAL ASSEMBLY

Sen. Thomas Cullerton

Filed: 4/11/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2953

2    AMENDMENT NO. ______. Amend Senate Bill 2953 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 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

 

 

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1constitute the exterior of a motor vehicle, including inner and
2outer panels.
3    "Non-original equipment manufacturer (Non-OEM) aftermarket
4crash part" means an aftermarket crash part not made for or by
5the 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 thereto
15or inscribed thereon the logo or name of its manufacturer. The
16manufacturer's logo or name shall be visible after installation
17whenever practicable.
18    (d) Disclosure. No insurer shall specify the use of non-OEM
19aftermarket crash parts in the repair of an insured's motor
20vehicle, nor shall any repair facility or installer use non-OEM
21aftermarket crash parts to repair a vehicle unless the customer
22is advised of that fact in writing. In all instances where an
23insurer intends that non-OEM aftermarket crash parts be used in
24the repair of a motor vehicle, the insurer shall provide the
25customer with the following information:
26        (1) a written estimate that clearly identifies each

 

 

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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 repair facility or installer may use
10repair specifications or procedures that are not in compliance
11with the original equipment manufacturer for those parts unless
12authorized by the customer in writing.
13(Source: P.A. 86-1234; 86-1475.)
 
14    Section 10. The Automotive Collision Repair Act is amended
15by changing Section 15 as follows:
 
16    (815 ILCS 308/15)
17    Sec. 15. Disclosure to consumers; estimates.
18    (a) No work for compensation that exceeds $100 shall be
19commenced without specific authorization from the consumer
20after the disclosure set forth in this Section.
21    (b) Every motor vehicle collision repair facility shall
22either (i) give to each consumer a written estimated price for
23labor and parts for a specific repair and shall not charge for
24work done or parts supplied in an amount that exceeds the

 

 

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1estimate by more than 10% without oral or written consent from
2the consumer; or (ii) give to each consumer a written price
3limit for each specific repair and shall not exceed that limit
4without oral or written consent of the consumer. The estimate
5shall include the total costs to repair the motor vehicle.
6    Estimates shall include all charges to be paid by the
7consumer to complete the repair, including any charges for
8estimates, diagnostics, storage, and administrative fees.
9    (c) Motor vehicle collision repair facilities shall
10describe in the estimate the major parts needed to effectuate
11the repair and shall designate the parts as either new parts,
12used parts, rebuilt or reconditioned parts, or aftermarket
13parts as set forth in Section 10 of this Act.
14    (d) Estimates shall indicate that the collision repair
15facility may use a combination of industry standard flat rate
16(time) manuals, actual time, or condition of the motor vehicle
17to determine labor costs. This disclosure mandate may also be
18fulfilled by means of a sign that provides the same information
19to the consumer. The sign shall be posted at a location that
20can be easily viewed by the consumer.
21    (e) If it is necessary to disassemble or partially
22disassemble a motor vehicle or motor vehicle component in order
23to provide the consumer a written estimate for required
24repairs, the estimate shall show the cost of any disassembly if
25the consumer elects not to proceed with the repair of the motor
26vehicle.

 

 

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1    (f) The estimate shall include the date the estimate was
2prepared or the date the motor vehicle was presented to the
3collision repair facility for repair and the odometer reading
4on the motor vehicle at the time the motor vehicle was left
5with the collision repair facility.
6    (g) No estimate may include the use of a non-original
7equipment manufacturer aftermarket crash parts unless
8authorized by the customer in writing.
9    (h) The estimate shall include the use of repair
10specifications by the original equipment manufacturer for
11those parts, and no repair facility or installer may use repair
12specifications or procedures that are not in compliance with
13the original equipment manufacturer for those parts unless
14authorized by the customer in writing.
15(Source: P.A. 93-565, eff. 1-1-04.)".