Illinois General Assembly - Full Text of SB0228
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Full Text of SB0228  93rd General Assembly

SB0228 93rd General Assembly


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 1        AN ACT concerning automotive repair.

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

 4        Section  1.  Short  title.  This  Act may be cited as the
 5    Automotive Collision Repair Act.

 6        Section 5.  Purpose. With the  increased  complexity  and
 7    technology   involved  in  the  repair  of  collision-damaged
 8    vehicles, there is a  need  for  improved  communication  and
 9    accounting  between  collision  repair businesses and vehicle
10    owners.  This Act enables purchasers  of  these  services  to
11    make  informed  decisions  based  on  standard  practices  by
12    Illinois automotive collision repair businesses.

13        Section 10. Definitions. As used in this Act:
14        "Automotive  collision and body repair" means all repairs
15    that are commonly performed by a body  repair  technician  to
16    restore  a  damaged  vehicle  to  a  condition similar to the
17    vehicle  condition  prior  to  the  damage  or  deterioration
18    including, but not limited to, the  diagnosis,  installation,
19    exchange,  repair,  or  refinishing  of exterior body panels,
20    trim, glass, lighting,  structural  chassis,  and  mechanical
21    components. The term does not include commercial fleet repair
22    or  maintenance  transactions involving 2 or more vehicles or
23    ongoing service or maintenance contracts  involving  vehicles
24    used primarily for business purposes.
25        "Automotive  collision  and body repair facility" means a
26    person,  firm,   association,   or   corporation   that   for
27    compensation  engages  in  the  business  of cosmetic repair,
28    structural repair, or refinishing of automobiles with  defect
29    related to accident or deterioration.
30        "New  part"  means  a  part  or component manufactured or
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 1    supplied by the original equipment manufacturer in an  unused
 2    condition.
 3        "Used part" means an original equipment manufacturer part
 4    or  component  removed from a vehicle of similar make, model,
 5    and  condition  without  the  benefit  of  being  rebuilt  or
 6    remanufactured.
 7        "Rebuilt part" or "reconditioned part" means a used  part
 8    that   has  been  inspected  and  remanufactured  to  restore
 9    functionality.
10        "Aftermarket  part"  means  a  new  part  that   is   not
11    manufactured   or   supplied   by   the   original  equipment
12    manufacturer for addition to,  or  replacement  of,  exterior
13    body panel or trim.

14        Section 15.  Disclosure to consumers; estimates.
15        (a)  No  work for compensation that exceeds $100 shall be
16    commenced without specific authorization  from  the  consumer
17    after the disclosure set forth in this Section.
18        (b)  Every vehicle collision repair facility shall either
19    (i) give to each consumer a written estimated price for labor
20    and parts for a specific repair and shall not charge for work
21    done or parts supplied in an amount that exceeds the estimate
22    by  more  than  10%  without oral or written consent from the
23    consumer; or (ii) give to each consumer a written price limit
24    for each specific repair and  shall  not  exceed  that  limit
25    without oral or written consent of the consumer. The estimate
26    shall include the total costs to repair the vehicle.
27        Estimates  shall  include  all  charges to be paid by the
28    consumer to complete the repair, including  any  charges  for
29    estimates, diagnostics, storage, and administrative fees.
30        (c)  Collision  repair  facilities  shall describe in the
31    estimate the major parts needed to effectuate the repair  and
32    shall  designate  the  parts as either new parts, used parts,
33    rebuilt or reconditioned parts, or aftermarket parts.
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 1        (d)  Estimates shall indicate that the  collision  repair
 2    facility may use a combination of industry standard flat rate
 3    (time)  manuals,  actual time, or condition of the vehicle to
 4    determine labor costs. This disclosure mandate  may  also  be
 5    fulfilled   by  means  of  a  sign  that  provides  the  same
 6    information to the consumer. The sign shall be  posted  at  a
 7    location that can be easily viewed by the consumer.
 8        (e)  If  it  is  necessary  to  disassemble  or partially
 9    disassemble a  vehicle  or  vehicle  component  in  order  to
10    provide the consumer a written estimate for required repairs,
11    the  estimate  shall  show  the  cost  of  any disassembly or
12    reassembly, or both, if the consumer elects  not  to  proceed
13    with the repair of the vehicle.
14        (f)  The estimate shall include the date the estimate was
15    prepared  or  the  date  the  vehicle  was  presented  to the
16    collision repair facility for repair and the odometer reading
17    on the vehicle at the time the  vehicle  was  left  with  the
18    collision repair facility.

19        Section  20.  Notice of consumer's rights; estimate. When
20    an estimate is required to be  presented  to  a  consumer,  a
21    collision  repair  facility shall disclose to the prospective
22    consumer an estimated  price  quotation  with  the  following
23    statement included or attached with the consumer's signature:
24        "You are entitled to a price estimate for the repairs you
25    have  authorized.  The  repair  price  may  be  less than the
26    estimate  but  shall  not  exceed:  (1)  any  price   limited
27    estimate;  or  (2)  any  parts or labor estimate by more than
28    10%. Additional repairs may not  be  performed  without  your
29    consent.
30        You may waive your right to notification, which gives the
31    collision  repair facility the right to set the price without
32    your permission. Your signature will indicate your selection.
33        (a)  I have received a written estimate and  the  repairs
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 1    may proceed.
 2        Signature .......................
 3        (b)  Please proceed with repairs but call me for approval
 4    before continuing if the price exceeds $..............
 5        Signature ......................
 6        (c)  Please  proceed with repairs and I waive my right to
 7    notification if the stated price is exceeded.
 8        Signature ....................
 9        Date..............  Time.....................
10        This estimated  price  for  authorized  repairs  will  be
11    honored  if  the  motor  vehicle is delivered to the facility
12    within the time period agreed to  by  the  consumer  and  the
13    collision repair facility."

14        Section  25.  Estimated  price  insufficient.  If  it  is
15    determined  that  the estimated price is insufficient because
16    of unforeseen circumstances, the consumer's consent  must  be
17    obtained before the work estimated is done or parts estimated
18    are  supplied. If the consumer's consent is oral, the vehicle
19    collision repair facility shall make a notation on  the  work
20    order  or estimate and on the invoice of the date, time, name
21    of person authorizing the additional repairs,  and  telephone
22    number  called,  if any, together with a specification of the
23    additional parts and labor and the total additional cost.

24        Section 30.  Consumers authorizations of repairs or other
25    actions. After receiving  the  estimate,  the  owner  or  the
26    owner's  agent  may (i) authorize the repairs at the estimate
27    of cost and time in writing, (ii) request the return  of  the
28    motor  vehicle in a disassembled state, or (iii) request that
29    the vehicle be assembled in reasonably the same condition  as
30    when released to the collision repair facility, in which case
31    the  collision  repair  facility shall make the motor vehicle
32    available for possession within 3 working days after the time
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 1    of request, unless parts are not available making  additional
 2    time  necessary.  The  collision  repair facility may receive
 3    payment for only those items on the schedule  of  charges  to
 4    which the facility is entitled.

 5        Section   35.  Inability  to  deliver  motor  vehicle  to
 6    facility during business hours. When the consumer  is  unable
 7    to deliver the motor vehicle to the collision repair facility
 8    during  business  hours,  and  the consumer has requested the
 9    collision repair facility to take  possession  of  the  motor
10    vehicle  for  the purpose of repairing or estimating the cost
11    of repairing the motor vehicle, the collision repair facility
12    may not undertake the diagnosing or repairing of  any  damage
13    or  defects  to the motor vehicle for compensation unless the
14    collision repair  facility  has  complied  with  all  of  the
15    following conditions:
16             (1)  The  collision  repair  facility has prepared a
17        written estimate or a firm price quotation of  the  price
18        for  labor  and  parts  necessary  to  repair  the  motor
19        vehicle.
20             (2)  By  telephone  or  otherwise,  the consumer has
21        been given all of the material information on the written
22        estimate or firm price quotation, and  the  consumer  has
23        approved the written estimate or firm price quotation.
24             (3)  The  consumer has given his or her oral written
25        authorization to the collision repair  facility  to  make
26        the  repairs  pursuant  to  the  written estimate or firm
27        price quotation.
28        If the consumer's authorization is  oral,  the  collision
29    repair  facility  shall make, on both the written invoice and
30    the estimate or firm price quotation, a notation of the  name
31    of  the  person  authorizing the repairs, the date, the time,
32    and the telephone number called, if any. Any charge for parts
33    or  labor  in  excess  of  the  original  estimate  must   be
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 1    separately   authorized   by  the  consumer  as  provided  in
 2    subsection (b) of Section 15 and in Section 25.

 3        Section 40.  Disclosures to consumers; invoices.
 4        (a)  On  completion  of  repairs,  the  collision  repair
 5    facility shall provide the consumer with an  accurate  record
 6    in  the form of a final estimate or invoice. An estimate that
 7    is stamped "invoice" may be deemed the same  as  an  itemized
 8    invoice.  The  final  estimate  or  invoice  shall accurately
 9    record in writing all of the items set forth in this Section.
10        (b)  The  invoice  shall  show   the   collision   repair
11    facility's  business  name  and  address,  the  date  of  the
12    invoice,  the odometer reading at the time the final estimate
13    or invoice was prepared, the name of the consumer,  and   the
14    description   of   the   vehicle   including   the    vehicle
15    identification number (VIN). In addition, the  invoice  shall
16    describe  all  repair  work  done  by  the  collision  repair
17    facility,  including  all warranty work, and shall separately
18    identify (i) each major part supplied in a manner so that the
19    consumer can identify the part as one described in Section 10
20    of this Act, and (ii) the total price charged for all charges
21    including, but not limited to, parts, labor, and  sales  tax.
22    The  invoice  or  final estimate shall itemize any additional
23    charges and include those charges in the total  presented  to
24    the consumer.
25        (c)  A  legible  copy  of  the  invoice or final estimate
26    shall be given to the consumer and a legible  copy  shall  be
27    retained  by  the collision repair facility for a period of 2
28    years from the date of repair as  a  part  of  the  collision
29    repair   facility's   records,   which  may  be  retained  in
30    electronic format.  Records  may  be  stored  at  a  separate
31    location.

32        Section     45.  Consumer     disclosures;    guarantees;
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 1    warranties.
 2        (a)  If a collision repair facility provides  a  warranty
 3    on  repair  parts  and  labor,  the  facility  shall  put the
 4    warranty in writing and give a legible copy to the  consumer.
 5    The   consumer's  copy  of  the  warranty  must  contain  the
 6    following:
 7             (1)  The  nature  and  extent   of   the   warranty,
 8        including  a description of parts and service included in
 9        or excluded from the warranty.
10             (2)  The  duration   of   the   warranty   and   the
11        requirements  to be performed by the warrantee before the
12        warrantor will fulfill the warranty.
13             (3)  All conditions and limitations of the  warranty
14        and  the  manner  in which the warrantor will fulfill the
15        warranty, such as by repair, replacement, or refund.
16             (4)  Any options of the warrantor or warrantee.
17             (5)  The warrantor's identity and address.
18        (b)  When repair or diagnostic work is performed pursuant
19    to a warranty, a collision  repair  facility  shall  give  an
20    estimate of the time to complete repairs.

21        Section  50.  Consumer disclosures; required signs. Every
22    motor vehicle repair facility shall post in a prominent place
23    on the business premises one or more signs,  readily  visible
24    to customers, in the following form:



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 8        The first line of each sign shall be in letters not  less
 9    than  1.5  inches in height, and the remaining lines shall be
10    in letters not less than 0.5 inch in height.

11        Section  55.  Recordkeeping.   Every   collision   repair
12    facility  shall  maintain  copies of estimates for contracted
13    work and all invoices. The copies may  be  maintained  in  an
14    electronic  format,  shall  be kept for 2 years, and shall be
15    available for inspection by the Attorney General.

16        Section  60.  Removal  of  vehicle  from  facility.  Upon
17    reasonable notice and during the collision repair  facility's
18    business  hours,  a  consumer  may  remove  a  vehicle from a
19    collision repair facility upon paying for the following:
20             (1)  Labor actually performed.
21             (2)  Parts actually installed.
22             (3)  Parts ordered specifically for  the  consumer's
23        car  if  the order is not cancelable or the parts are not
24        returnable for cash or credit.
25             (4)  Storage and administrative charges  imposed  in
26        accordance  with  the  schedule of charges if posted on a
27        sign within the shop or otherwise disclosed to  consumers
28        prior to repairs.

29        Section  65.  Lien  barred.  A  collision repair facility
30    that fails to comply with Section 15, 20, 25, 30, 35, 40, 45,
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 1    50, 55, or 60  is  barred  from  asserting  a  possessory  or
 2    chattel  lien  for  the  amount  of the unauthorized parts or
 3    labor upon the motor vehicle or component.  However,  in  any
 4    lawsuit  brought by or against a collision repairer involving
 5    the  amount  due  to  the  repairer  in  which  the  repairer
 6    prevails, the party who challenged the repairer's bill  shall
 7    be   responsible   for   paying   the  repairer's  reasonable
 8    attorney's fees and costs of litigation.

 9        Section 70.  Unlawful acts  or  practices.  Each  of  the
10    following  acts  or practices is unlawful when committed by a
11    motor vehicle collision repair facility:
12             (1)  Advertising   in   a   false,   deceptive,   or
13        misleading manner.
14             (2)  Charging a consumer for parts not delivered  or
15        installed  or  a labor operation or repair procedure that
16        has not actually been performed.
17             (3)  Unauthorized operation of a consumer's  vehicle
18        for purposes not related to repair or diagnosis.
19             (4)  Failing  or  refusing  at  the  time of sale to
20        provide a consumer, upon request, a copy at no charge, of
21        any document signed by the consumer.
22             (5)  Retaining duplicative  payment  from  both  the
23        consumer  and  warranty  or  insurance  proceeds, but not
24        limited to, for the  same  covered  component,  part,  or
25        labor.
26             (6)  Charging  a  consumer  for unnecessary repairs.
27        For purposes of  this  paragraph,  "unnecessary  repairs"
28        means  those  repairs  for  which there is not reasonable
29        basis for performing  the  service.  A  reasonable  basis
30        includes:  (i) that the repair service is consistent with
31        specifications established by law or the manufacturer  of
32        the  motor  vehicle,  component,  or  part; (ii) that the
33        repair is accordance with usual and customary  practices;
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 1        (iii)  that  the  repair  was  performed  at the specific
 2        request of the consumer after the recommendation  is  not
 3        in   accordance   with  manufacturer  or  accepted  trade
 4        practices; or (iv) that the repair is at  the  consumer's
 5        request.
 6             (7)  Misrepresenting   the   terms  of  a  warranty,
 7        guarantee, or service agreement.
 8             (8)  Altering a motor vehicle to create a  condition
 9        requiring repair.
10             (9)  Failing  to  honor  a  warranty,  guarantee, or
11        service agreement to which the collision repair  facility
12        is party.
13             (10)  Charging  or receiving payment for repairs not
14        authorized by the consumer under Section 15, 20, 25,  30,
15        35, 40, 45, 50, 55, or 60.
16             (11)  A  pattern  or  practice  of preparing written
17        estimates underestimating the final costs of repairs.

18        Section 75.  Violations. Whenever an automotive collision
19    repair facility is knowingly  engaged  in  or  has  knowingly
20    engaged  in  a persistent practice or pattern of conduct at a
21    single location that  violates  this  Act,  that,  knowingly,
22    persistent  practice or pattern of conduct shall be deemed an
23    unlawful  act  or  practice  under  the  Consumer  Fraud  and
24    Deceptive Business Practices Act. In  the  case  of  knowing,
25    persistent  practice,  or  pattern  of conduct, all remedies,
26    penalties, and authority available to  the  Attorney  General
27    and  the  several  State's Attorneys under the Consumer Fraud
28    and Deceptive Business Practices Act for the  enforcement  of
29    that Act shall be available for the enforcement of this Act.

30        Section  800.  The  Automotive  Repair  Act is amended by
31    adding Section 83 as follows:
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 1        (815 ILCS 306/83 new)
 2        Sec.  83  Exemptions.   This  Act  does  not   apply   to
 3    automotive collision and body repair facilities as defined in
 4    the Automotive Collision Repair Act.