HB5409 102ND GENERAL ASSEMBLY

LRB102 21399 RAM 30515 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5409

Introduced 1/31/2022, by Rep. La Shawn K. Ford

SYNOPSIS AS INTRODUCED:

New Act
815 ILCS 505/2Z	from Ch. 121 1/2, par. 262Z

Creates the Advanced Driver Assistance System Repair Act. Defines "advanced driver assistance system" as an electronic safety system designed to support the driver and vehicle while operating on roads and highways that is intended to increase vehicle safety and reduce losses associated with automobile crashes. Provides consumer notification requirements when an automotive glass company or repair facility makes repairs to vehicles equipped with an advanced driver assistance system. Provides that an automotive glass company or repair facility conducting a scan or recalibration for vehicle glass repair or replacement services on a vehicle equipped with an advanced driver assistance system shall recalibrate the advanced driver assistance system to meet or exceed the manufacturer's procedures or specifications. Provides that an automotive glass company or repair facility may only bill or charge for vehicle glass repair, replacement, or recalibration services that are performed and necessary. Provides that a person with actual knowledge that an advanced driver assistance system of a motor vehicle is inoperable or has not been repaired or recalibrated may not knowingly sell, offer for sale, or display for sale, the motor vehicle without providing written notice to the purchaser. Creates a private right of action and provides that a violation of the Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, subject to a civil penalty of $500. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. Effective immediately.

A BILL FOR

AN ACT concerning business.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Advanced Driver Assistance System Repair Act.

Section 5. Definition. As used in this Act, "advanced driver assistance system" means an electronic safety system designed to support the driver and vehicle while operating on roads and highways that is intended to increase vehicle safety and reduce losses associated with automobile crashes.

Section 10. Advanced driver assistance system repair, replacement, or recalibration.

(a) If a vehicle is equipped with an advanced driver assistance system, an automotive glass company or repair facility approving or conducting glass repair, replacement, or recalibration shall:

(1) before approving or performing a vehicle glass repair or replacement, inform the consumer if a recalibration of that system is required and if such a recalibration will be performed; and

(2) if performing a recalibration, meet or exceed the manufacturer's specifications.

(b) An automotive glass company or repair facility conducting a scan or recalibration for vehicle glass repair or replacement services on a vehicle equipped with an advanced driver assistance system:

(1) is not limited to vehicle glass, tooling, or equipment dictated or recommended by the manufacturer's procedures or specifications; and

(2) shall recalibrate the advanced driver assistance system to meet or exceed the manufacturer's procedures or specifications.

(c) The automotive glass company or repair facility shall provide the consumer:

(1) an itemized description of the work to be done on the vehicle; and

(2) if an insurer is paying all or part of the repair, the total amount the insurer has agreed to pay for the work described in subsection paragraph (1).

(d) An insurance company that makes payment for work described in paragraph (1) of subsection (c) may not be required to pay more than a fair and competitive price for the local market area.

(e) An automotive glass company or repair facility may not represent to a customer that the cost of a repair, replacement, or recalibration will be paid for entirely by the customer's insurer and at no cost to the customer unless the cost of the repair, replacement, or recalibration is fully covered and approved by the insurer.

(f) An automotive glass company or repair facility may only bill or charge for vehicle glass repair, replacement, or recalibration services that are performed and necessary.

Section 15. Notice of incomplete recalibration or inoperable system.

(a) If a recalibration was not performed or not completed successfully, the automotive glass company or repair facility shall inform the consumer electronically or in writing that the recalibration was not successful or was not performed and that the vehicle should be taken to a vehicle manufacturer's certified dealership, a qualified automobile glass company, or a repair facility capable of performing the recalibration of an advanced driver assistance system that meets or exceeds the manufacturer's specifications.

(b) A person with actual knowledge that the advanced driver assistance system of a motor vehicle is inoperable or has not been repaired or recalibrated after a vehicle glass repair or replacement may not knowingly sell, offer for sale, or display for sale the motor vehicle without providing written notice to the purchaser that:

(1) the advanced driver assistance system has not been repaired or recalibrated to the manufacturer's specifications; or

(2) the advanced driver assistance system is inoperable.

Section 20. Penalties.

(a) A violation of this Act is an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act and is subject to a civil penalty of $500.

(b) In addition to any other penalties, a purchaser may bring a civil action to recover damages resulting from a seller's failure to provide notice under Section 15. The amount of damages that may be recovered in a civil action is the greater of:

(1) the amount of the actual damages; or

(2) $1,500.

Section 25. The Consumer Fraud and Deceptive Business Practices Act is amended by changing Section 2Z as follows:

(815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)

Sec. 2Z. Violations of other Acts. Any person who knowingly violates the Automotive Repair Act, the Automotive Collision Repair Act, the Advanced Driver Assistance System Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Installment Sales Contract Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Oversight Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales Act, the High Risk Home Loan Act, the Payday Loan Reform Act, the Predatory Loan Prevention Act, the Mortgage Rescue Fraud Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, the Internet Caller Identification Act, paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code, Section 11-1431, 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the Illinois Vehicle Code, Article 3 of the Residential Real Property Disclosure Act, the Automatic Contract Renewal Act, the Reverse Mortgage Act, Section 25 of the Youth Mental Health Protection Act, the Personal Information Protection Act, or the Student Online Personal Protection Act commits an unlawful practice within the meaning of this Act.

(Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)

Section 99. Effective date. This Act takes effect upon becoming law.