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90_SB1039ham001
LRB9002918NTsbam
1 AMENDMENT TO SENATE BILL 1039
2 AMENDMENT NO. . Amend Senate Bill 1039 as follows:
3 on page 3, by replacing lines 6 through 34 with the
4 following:
5 "estimates and diagnostics. However, transactions involving
6 the retail purchase of merchandise when a facility installs
7 the merchandise as part of the transaction at the discretion
8 of the customer for a firm price are not included. These
9 transactions shall include but not be limited to tires,
10 batteries, oil, and lube jobs.
11 (1) Description of parts. Motor vehicle repair
12 facilities shall describe in the estimate the major parts
13 needed to effectuate the repair and whether parts are new
14 or used.
15 (2) Calculation of labor costs. Estimates shall
16 indicate that the motor vehicle repair facility may use a
17 combination of industry standard flat rate (time)
18 manuals, actual time, or condition of the vehicle to
19 determine labor costs. This disclosure mandate may also
20 be fulfilled by means of a sign that provides the same
21 information to the consumer. Such a sign shall be posted
22 at a location that can be easily viewed by the consumer.
23 (3) Required or suggested repairs. Estimates shall
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1 indicate whether the estimated repairs are required or
2 suggested.
3 (4) Disassembly and reassembly charges. If it is
4 necessary to disassemble, or partially disassemble, a
5 vehicle or vehicle component in order to provide the
6 consumer with a written estimate for required repair or
7 maintenance, the estimate shall show the cost of any
8 disassembly or reassembly, or both, if the consumer
9 elects not to proceed with the repair or maintenance of
10 the vehicle.
11 (5) Date. The estimate shall include the date the
12 estimate was prepared or the date the vehicle was
13 presented to the motor vehicle repair facility for repair
14 or servicing, or both, the odometer reading on the
15 vehicle at the time it was left with the motor vehicle
16 repair facility, and a promised date of delivery."; and
17 on page 4, by deleting line 1; and
18 on page 4, by replacing line 3 with the following:
19 "When an estimate is required to be presented to a consumer,
20 a motor vehicle repair facility shall disclose to the"; and
21 on page 6, line 10, after "estimate", by inserting the
22 following: "or a firm price quotation"; and
23 on lines 14, 15, 19, and 22, after "estimate" each time it
24 appears, by inserting the following: "or firm price
25 quotation"; and
26 on line 30, by changing "estimated" to "promised"; and
27 on page 8, line 15, before the period, by inserting the
28 following: ", which may be maintained in an electronic
29 format"; and
30 on page 9, line 9, before "YOU", by inserting the following:
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1 "UNLESS THE FACILITY PROVIDES A FIRM PRICE QUOTATION,"; and
2 on line 25, by deleting "However,"; and
3 by deleting lines 26 through 30; and
4 by replacing line 32 on page 9 and lines 1 and 2 on page 10
5 with the following:
6 "facility shall maintain copies of estimates for contracted
7 work and all invoices. The"; and
8 on page 10, line 3, after "copies", by inserting the
9 following: ", which may be maintained in an electronic
10 format,"; and
11 on page 11, line 2, after "refusing", by inserting "at the
12 time of sale"; and
13 on line 18, by changing "reasons" to "basis"; and
14 by replacing line 33 on page 11 and lines 1 through 19 on
15 page 12 with the following:
16 "Section 85. Violations. Whenever an automotive repair
17 facility is knowingly engaged in or has knowingly engaged in
18 a persistent practice or pattern of conduct at a single
19 location that violates this Act, that knowing, persistent
20 practice or pattern of conduct shall be deemed an unlawful
21 act or practice under the Consumer Fraud and Deceptive
22 Business Practices Act. In the case of such a knowing,
23 persistent practice or pattern of conduct, all remedies,
24 penalties, and authority available to the Attorney General
25 and the several State's Attorneys under the Consumer Fraud
26 and Deceptive Business Practices Act for the enforcement of
27 that Act shall be available for the enforcement of this Act.
28 Section 190. The Consumer Fraud and Deceptive Business
29 Practices Act is amended by changing Section 2Z as follows:
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1 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
2 Sec. 2Z. Violations of other Acts. Any person who
3 knowingly violates the Automotive Repair Act, the Dance
4 Studio Act, the Physical Fitness Services Act, the Hearing
5 Instrument Consumer Protection Act, the Illinois Union Label
6 Act, the Job Referral and Job Listing Services Consumer
7 Protection Act, the Travel Promotion Consumer Protection Act,
8 the Credit Services Organizations Act, the Automatic
9 Telephone Dialers Act, the Pay-Per-Call Services Consumer
10 Protection Act, the Telephone Solicitations Act, the Illinois
11 Funeral or Burial Funds Act, the Cemetery Care Act, or the
12 Pre-Need Cemetery Sales Act commits an unlawful practice
13 within the meaning of this Act.
14 (Source: P.A. 88-288; 89-72, eff. 12-31-95; 89-615, eff.
15 8-9-96.)".