Rep. Elizabeth Hernandez
Filed: 3/23/2021
 
 

 

 

 
10200HB3133ham001LRB102 13095 BMS 23788 a



1
AMENDMENT TO HOUSE BILL 3133 




2    AMENDMENT NO. ______. Amend House Bill 3133 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 
8to regulate 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 
16the nonmechanical
sheet metal or plastic parts that generally 
 
 
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1constitute the exterior of a
motor vehicle, including inner 
2and outer panels.

3    "Non-original equipment manufacturer (Non-OEM) 
4aftermarket crash part"
means an aftermarket crash part not 
5made for or by the 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 
15thereto or inscribed thereon
the logo or name of its

16manufacturer.  The manufacturer's logo or name shall be visible 
17after
installation whenever practicable.

18    (d) Disclosure.  No insurer shall specify the use of 
19non-OEM
aftermarket crash parts in the repair of an insured's 
20motor vehicle, nor
shall any repair facility or installer use 
21non-OEM aftermarket crash parts
to repair a vehicle unless the 
22customer is advised of that fact in
writing.  In all instances 
23where an insurer intends that non-OEM
aftermarket crash parts 
24be used in the repair of a motor vehicle, the
insurer shall  
25provide the customer 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 insurer shall specify the use of repair 
10procedures that are not in compliance with original equipment 
11manufacturer directives for those parts in the repair of an 
12insured's motor vehicle, and no insurer shall specify the use 
13of advanced driver assistance system calibration tools that 
14are not approved by the original equipment manufacturer for 
15such parts and repairs. However, this subsection does not 
16require the use of original equipment manufacturer repair 
17parts if the repair parts used are at least equal in like kind 
18and quality and are disclosed pursuant to this Section of the 
19Illinois Insurance Code. 
20(Source: P.A. 86-1234; 86-1475.)".