Rep. Elizabeth Hernandez
Filed: 3/23/2021
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1 | AMENDMENT TO HOUSE BILL 3133
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2 | AMENDMENT NO. ______. Amend House Bill 3133 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 purpose of this Section
is | ||||||
8 | 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 | ||||||
16 | the nonmechanical
sheet metal or plastic parts that generally |
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1 | constitute the exterior of a
motor vehicle, including inner | ||||||
2 | and outer panels.
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3 | "Non-original equipment manufacturer (Non-OEM) | ||||||
4 | aftermarket crash part"
means an aftermarket crash part not | ||||||
5 | made for or by the manufacturer of the motor vehicle.
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6 | "Repair facility" means any motor vehicle dealer, garage, | ||||||
7 | body shop, or
other commercial entity that undertakes the | ||||||
8 | repair or replacement of those
parts that generally constitute | ||||||
9 | the exterior of a motor vehicle.
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10 | "Installer" means an individual who actually does the work | ||||||
11 | of replacing
or repairing parts of a motor vehicle.
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12 | (c) Identification. Any aftermarket crash part supplied by | ||||||
13 | a
non-original equipment manufacturer for use in this State | ||||||
14 | after the
effective date of this Act shall have affixed | ||||||
15 | thereto or inscribed thereon
the logo or name of its
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16 | manufacturer. The manufacturer's logo or name shall be visible | ||||||
17 | after
installation whenever practicable.
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18 | (d) Disclosure. No insurer shall specify the use of | ||||||
19 | non-OEM
aftermarket crash parts in the repair of an insured's | ||||||
20 | motor vehicle, nor
shall any repair facility or installer use | ||||||
21 | non-OEM aftermarket crash parts
to repair a vehicle unless the | ||||||
22 | customer is advised of that fact in
writing. In all instances | ||||||
23 | where an insurer intends that non-OEM
aftermarket crash parts | ||||||
24 | be used in the repair of a motor vehicle, the
insurer shall | ||||||
25 | provide the customer with the following information:
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26 | (1) a written estimate that clearly identifies each |
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1 | non-OEM aftermarket crash part; and
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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."
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9 | (e) Procedures. No insurer shall specify the use of repair | ||||||
10 | procedures that are not in compliance with original equipment | ||||||
11 | manufacturer directives for those parts in the repair of an | ||||||
12 | insured's motor vehicle, and no insurer shall specify the use | ||||||
13 | of advanced driver assistance system calibration tools that | ||||||
14 | are not approved by the original equipment manufacturer for | ||||||
15 | such parts and repairs. However, this subsection does not | ||||||
16 | require the use of original equipment manufacturer repair | ||||||
17 | parts if the repair parts used are at least equal in like kind | ||||||
18 | and quality and are disclosed pursuant to this Section of the | ||||||
19 | Illinois Insurance Code. | ||||||
20 | (Source: P.A. 86-1234; 86-1475 .)".
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