90th General Assembly
Status of SB1039
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KLEMM-FITZGERALD AND GARCIA.

(GRANBERG-MCKEON-LOPEZ-ACEVEDO)

   New Act                                                                     

        Creates the Automotive  Repair  Act.   Requires  that  automotive      
   repair  facilities  disclose  certain information concerning estimates      
   for repair work, warranties, and other  matters.  Provides  procedures      
   for  consumer authorization of repairs.  Makes violation of the Act an      
   unlawful practice under the  Consumer  Fraud  and  Deceptive  Business      
   Practices Act.                                                              
        SENATE AMENDMENT NO. 1.                                                
        Replaces the substantive provisions  of  the  bill  with  similar      
   provisions    except  as  follows:   (1)  in definition of "automotive      
   repair", deletes provisions  concerning  repair  of  body  panels  and      
   components  and  other  items  and    excludes  transactions involving      
   purchase of items such as tires and batteries;  (2) deletes provisions      
   concerning return of replaced parts; (3) deletes "failing   to  comply      
   with  any  other  requirements  under  this Act" as an unlawful act or      
   practice;  and  (4)  authorizes  the  Attorney  General  and   State's      
   Attorneys  to  bring  an  action  for injunctive relief to restrain an      
   unlawful act or practice.                                                   
        HOUSE AMENDMENT NO. 1.                                                 
          Adds reference to:                                                   
          815 ILCS 505/2Z                                                      
        Deletes  requirement  that  an  estimate  indicate  reasons   for      
   required  or suggested repairs.  Authorizes repairs pursuant to a firm      
   price quotation when a consumer is unable to deliver a  vehicle  to  a      
   repair  facility  during business hours.  Authorizes a repair facility      
   to maintain records in an electronic format.  Requires that a facility      
   maintain copies of estimates for  contracted  work  and  all  invoices      
   (rather than copies of signed estimates and all work orders, invoices,      
   parts   purchase   orders,  appraisals,  and  schedules  of  charges).      
   Replaces the provisions concerning violations of the Automotive Repair      
   Act; provides that  a  knowing,  persistent  practice  or  pattern  of      
   conduct  that  violates  that  Act  shall be deemed an unlawful act or      
   practice under the Consumer Fraud  and  Deceptive  Business  Practices      
   Act,  and  gives  the  Attorney General and State's Attorneys the same      
   enforcement powers under  the  Automotive  Repair  Act  as  under  the      
   Consumer  Fraud  and  Deceptive  Business  Practices  Act.  Amends the      
   Consumer Fraud and Deceptive Business Practices Act to make a  knowing      
   violation of the Automotive Repair Act an unlawful practice within the      
   meaning  of  the  Consumer Fraud and Deceptive Business Practices Act.      
   Makes other changes.                                                        
          FISCAL NOTE (DCCA)                                                   
          SB1039 imposes no additional requirements and does not have a        
          fiscal impact on units of local gov't.                               
          FISCAL NOTE, H-AM 1 (DCCA)                                           
          SB1039, amended by H-am 1 imposes no additional requirements         
          and does not have a fiscal impact on units of local gov't.           
   97-02-07  S  FIRST READING                                                  
   97-02-07  S  REFERRED TO SENATE RULES COMMITTEE       RULES                 
   97-02-19  S       ASSIGNED TO COMMITTEE               COMM & INDUST         
   97-02-27  S                                 POSTPONED                       
   97-03-05  S                                 POSTPONED                       
   97-03-13  S  ADDED AS A CO-SPONSOR                    GARCIA                
   97-03-14  S                             AMENDMENT NO. 01-COMM & INDUS  S    
   97-03-14  S                                   ADOPTED                       
   97-03-14  S       DO PASS AS AMENDED                  009-000-000   SCED    
   97-03-14  S  PLACED ON CALENDAR ORDER OF 2ND READING  97-03-17              
   97-03-17  S  SECOND READING                                                 
   97-03-17  S  PLACED ON CALENDAR ORDER OF 3RD READING  97-03-18              
   97-03-18  S  ADDED AS A CHIEF CO-SPONSOR              FITZGERALD            
   97-03-18  S  THIRD READING - PASSED                   056-000-000           
   97-03-18  H  ARRIVE IN HOUSE                                                
   97-03-18  H  PLACED CALENDAR ORDER OF FIRST READING                         
   97-03-19  H  HOUSE SPONSOR                            GRANBERG              
   97-03-19  H  FIRST READING                                                  
   97-03-19  H  REFERRED TO HOUSE RULES COMMITTEE        RULES                 
   97-03-21  H       ASSIGNED TO COMMITTEE               CONSUMER PROT         
   97-04-17  H  ADDED AS A JOINT SPONSOR                 MCKEON                
   97-05-01  H                             AMENDMENT NO. 01-CONSUMER PROT H    
   97-05-01  H                                   ADOPTED                       
   97-05-01  H  DO PASS AMENDED/SHORT DEBATE             010-000-000   HCON    
   97-05-01  H  PLACED CALENDAR 2ND READING-SHORT DEBATE                       
   97-05-01  H  ADDED AS A JOINT SPONSOR                 LOPEZ                 
   97-05-01  H  ADDED AS A JOINT SPONSOR                 ACEVEDO               
   97-05-01  H                     FISCAL NOTE REQUESTED MOFFITT               
   97-05-01  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-05-12  H                         FISCAL NOTE FILED                       
   97-05-12  H                         FISCAL NOTE FILED AS AMENDED            
   97-05-12  H  CALENDAR ORDER 2ND READING-SHORT DEBATE                        
   97-05-13  H  SECOND READING-SHORT DEBATE                                    
   97-05-13  H  HELD ON CAL ORDER 2ND RDG - SHORT DEBATE                       
   97-05-16  H  PLCD CAL ORDER 3RD READING-SHORT DEBATE                        
   97-05-16  H  THIRD READING/SHORT DEBATE/PASSED        117-000-000           
   97-05-19  S  SECRETARYS DESK - CONCURRENCE            01                    
   97-05-19  S  FILED WITH SECRETARY                                           
   97-05-19  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/KLEMM              
   97-05-19  S                        MOTION REFERRED TO SRUL                  
   97-05-20  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/KLEMM              
   97-05-20  S                           RULES REFERS TO SCED                  
   97-05-20  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/KLEMM              
   97-05-20  S                                BE ADOPTED SCED/008-000-000      
   97-05-20  S     MOTION TO CONCUR - HOUSE AMENDMENT NO 01/KLEMM              
   97-05-20  S  SEN CONCURS IN HSE AMENDMENTS (NO.)      01/059-000-000        
   97-05-20  S  PASSED BOTH HOUSES                                             
   97-06-18  S  SENT TO THE GOVERNOR                                           
   97-08-15  S  GOVERNOR APPROVED                                              
   97-08-15  S                            EFFECTIVE DATE 98-01-01              
   97-08-15  S  PUBLIC ACT.............................. 90-0426               

   END OF INQUIRY 



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