Illinois General Assembly - Full Text of SB2090
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Full Text of SB2090  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Patrick J. Joyce


815 ILCS 505/2BBBB new

    Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that service providers, insurance companies, and third-party administrators working on advanced driving assistance systems or assuming responsibility for repairs to advanced driving assistance systems shall comply with specified requirements. Provides that any person who violates the provisions commits an unlawful practice within the meaning of the Act.

LRB103 28490 SPS 54871 b





SB2090LRB103 28490 SPS 54871 b

1    AN ACT concerning business.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Consumer Fraud and Deceptive Business
5Practices Act is amended by adding Section 2BBBB as follows:
6    (815 ILCS 505/2BBBB new)
7    Sec. 2BBBB. Advanced driving assistance system repair.
8    (a) As used in this Section:
9    "Advanced driving assistance systems" or "ADAS" includes
10technologies that provide driver support, such as adaptive
11cruise control, lane departure warnings, parking assistance,
12and surround view cameras or attempt to prevent collisions,
13such as automatic emergency braking, forward collision
14warning, blind spot detection, and pedestrian detection.
15"Advanced driving assistance system" includes systems that use
16cameras, radar, light detection and ranging technology,
17vehicle-to-everything communication, global positioning
18systems, and mapping data.
19    "ADAS calibration" means the precise physical alignment,
20testing, and electronic aiming of sensors that collect data to
21inform the vehicle's advanced driver assistance systems.
22    "Original equipment manufacturer" means a company that
23manufactures and sells products to a buyer that the buyer then



SB2090- 2 -LRB103 28490 SPS 54871 b

1sells under the buyer's own branding.
2    "Service provider" means an automotive repair shop, body
3shop, mechanic, windshield installer, or any other entity that
4repairs and calibrates advanced driving assistance systems.
5    "Third party" means a third-party administrator acting on
6behalf of an insurance company or another entity who assumes
7responsibility for needed repairs to advanced driving
8assistance systems.
9    (b) A service provider working on advanced driving
10assistance systems shall comply with the following
12        (1) Any service provider who provides or claims to
13    provide ADAS calibration services shall have at least one
14    technician who has completed an ADAS training course
15    provided by an outside, independent source designated by
16    the Department or the calibration system's manufacturer. A
17    service provider shall submit proof of the successful
18    completion of such training to the Department of Labor for
19    verification.
20        (2) If a vehicle that is expected to have ADAS
21    calibration performed on it in conjunction with other
22    services is unable to be calibrated, the service provider
23    shall inform the customer, both verbally and in writing,
24    that the vehicle's safety systems are not fully
25    functional, and that although drivable, coordination must
26    be done to have the repair completed by a dealership or



SB2090- 3 -LRB103 28490 SPS 54871 b

1    other next level repair facility.
2        (3) If a service provider uses aftermarket parts that
3    could affect a vehicle's ADAS systems, or that have the
4    possibility of voiding a consumer's warranty, the customer
5    shall be informed in writing and given the option of using
6    the original equipment manufacturer's parts with
7    additional cost.
8        (4) Service providers shall not perform work that
9    contradicts the manufacturer's requirements in relation to
10    ADAS features. If a service provider deviates from a
11    manufacturer's recommended procedures, the customer shall
12    be informed in writing.
13        (5) If a service provider does not have the ability to
14    calibrate ADAS systems that are related to work the
15    service provider normally performs, the service provider
16    shall be permitted to subcontract the calibration to an
17    outside provider.
18    (c) An insurance company or third-party administrator that
19assumes responsibility for repairs to advanced driving
20assistance systems shall comply with the following
22        (1) If a service provider remains unpaid or short paid
23    by a third party for more than 30 days after the completion
24    of service, the vehicle owner shall remain responsible for
25    the balance including any late fees.
26        (2) No third parties shall require that a service



SB2090- 4 -LRB103 28490 SPS 54871 b

1    provider bill them directly in order for them to pay for
2    items and services covered under insurance or other
3    agreements. A customer shall maintain the right to pay and
4    be reimbursed by a third party in a timely fashion, by
5    submitting a paid invoice as proof of service.
6        (3) Third parties shall not maintain billing practices
7    that intentionally create difficulties and complexities
8    that may allow them to hold payments for unreasonable
9    amounts of time and shall not charge late fees once that
10    third party has accepted an offer to pay on behalf of the
11    customer.
12        (4) Third parties shall not force a customer to accept
13    any product or service that may void a manufacturer's
14    warranty by threatening not to pay for the service.
15        (5) Third parties shall not orally, or in writing,
16    attempt to influence, recommend, or deter a customer from
17    choosing a specific service provider. Third parties shall
18    not make statements that call into question a service
19    provider's quality, warranty, or ability.
20        (6) Third parties shall not have a conflict of
21    interest by also being involved, or having a partnership
22    with, companies providing service to advanced driving
23    assistance systems.
24        (7) Third parties shall not demand to pay less than
25    the listed price for an item that has been given that value
26    by a manufacturer, wholesaler, dealer, or independent



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1    industry benchmark calculator. The issuance of discounts
2    for these pricing benchmarks are at the discretion of the
3    service providers.
4        (8) Third parties shall not dictate a service
5    provider's labor rate. A service provider shall not charge
6    a labor rate which is grossly inconsistent with that
7    charged to other payers.
8        (9) Third parties shall have the right to know a
9    service provider's acquisition price for a part. This
10    information is permitted to be shared for items that have
11    no list price when justification is needed for
12    circumstances beyond normal guidelines.
13        (10) Third parties shall not dictate what brand a
14    service provider must use in completing service on
15    advanced driving assistance systems.
16        (11) Service providers and third parties have the
17    right to negotiate offer and acceptance agreements in
18    order to facilitate the ease of billing and amicable
19    relationships as long as it does not violate the
20    provisions described in paragraph (5). If no long-term
21    agreement is in place, the provisions of this paragraph
22    shall apply on a case-by-case basis.
23        (12) No insurance provider or its representative shall
24    issue a policy that does not cover the full cost of
25    properly repairing an ADAS-equipped vehicle without
26    expressly informing the client in both oral and written



SB2090- 6 -LRB103 28490 SPS 54871 b

1    form.
2        (13) Any insurance provider with active policies that
3    do not cover the full cost of repairing an ADAS-equipped
4    system must notify its customers in writing after the
5    effective date of this amendatory Act of the 103rd General
6    Assembly.
7    (d) Any person who violates this Section commits an
8unlawful practice within the meaning of this Act.