Full Text of HB1195 94th General Assembly
HB1195sam001 94TH GENERAL ASSEMBLY
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Sen. Terry Link
Filed: 4/21/2005
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09400HB1195sam001 |
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LRB094 08648 RLC 44737 a |
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| AMENDMENT TO HOUSE BILL 1195
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| AMENDMENT NO. ______. Amend House Bill 1195 on page 1, by | 3 |
| replacing line 5 with the following: | 4 |
| "Sections 5-100 and 5-301 as follows:
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| (625 ILCS 5/5-100) (from Ch. 95 1/2, par. 5-100)
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| Sec. 5-100. Definitions. For the purposes of this Chapter, | 7 |
| the following
words shall have the meanings ascribed to them as | 8 |
| follows:
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| "Additional place of business" means a place owned or | 10 |
| leased and occupied
by the dealer in addition to its | 11 |
| established place of business, at which the
dealer conducts or | 12 |
| intends to conduct business on a permanent or long term
basis. | 13 |
| The term does not include an area where an off site sale or | 14 |
| exhibition
is conducted. The Secretary of State shall adopt | 15 |
| guidelines for the
administration and enforcement of this | 16 |
| definition by rule.
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| "Display exhibition" means a temporary display of vehicles | 18 |
| by a dealer
licensed under Section 5-101 or 5-102, at a | 19 |
| location at which no vehicles are
offered for sale, that is | 20 |
| conducted at a place other than the dealer's
established and | 21 |
| additional places of business.
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| "Established place of business" means the place owned or | 23 |
| leased and occupied
by any person duly licensed or required to | 24 |
| be licensed as a dealer for the
purpose of engaging in selling, | 25 |
| buying, bartering, displaying, exchanging or
dealing in, on |
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LRB094 08648 RLC 44737 a |
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| consignment or otherwise, vehicles and their essential parts
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| and for such other ancillary purposes as may be permitted by | 3 |
| the Secretary
by rule. It shall include an office in which the | 4 |
| dealer's records shall be
separate and distinct from any other | 5 |
| business or tenant which may occupy
space in the same building | 6 |
| except as provided in Section 5-101.1. This
office shall not be | 7 |
| located in a house
trailer, residence, tent, temporary stand, | 8 |
| temporary address, room or rooms
in a hotel or rooming house, | 9 |
| nor the premises occupied by a single or
multiple unit | 10 |
| residence. The established place of business of a scrap
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| processor shall be the fixed location where the scrap processor | 12 |
| maintains
its principal place of business. The Secretary of | 13 |
| State shall, by rule and
regulation, adopt guidelines for the | 14 |
| administration and enforcement of this
definition, such as, but | 15 |
| not limited to issues concerning the required
hours of | 16 |
| operation, describing where vehicles are displayed and offered | 17 |
| for
sale, where books and records are maintained and | 18 |
| requirements for the
fulfillment of warranties. A dealer may | 19 |
| have an additional place of business
as defined under this | 20 |
| Section.
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| "Motor vehicle financing affiliate" means a business | 22 |
| organization
registered to
do
business in Illinois that, | 23 |
| pursuant to a written contract with either (1) a
single new or | 24 |
| used
motor vehicle dealer or (2) a single group of new or used | 25 |
| motor vehicle dealers
that share
a common ownership within the | 26 |
| group, purchases new or used motor vehicles on
behalf
of the | 27 |
| dealer or group of dealers and then sells, transfers, or | 28 |
| assigns those
motor vehicles
to the dealer or group of dealers. | 29 |
| The motor vehicle financing affiliate must
be
incorporated or | 30 |
| organized solely to purchase new or used vehicles on behalf of
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| the new or
used motor vehicle dealer or group of dealers with | 32 |
| which it has contracted,
shall not sell
motor vehicles at | 33 |
| retail, shall perform only those business functions related
to | 34 |
| the
purchasing of motor vehicles and selling, transferring, or |
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LRB094 08648 RLC 44737 a |
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| assigning those
motor vehicles
to the dealer or group of | 2 |
| dealers. The motor vehicle financing affiliate must
be licensed
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| under the provisions of Section 5-101.1 and must not be | 4 |
| licensed as a new or
used motor
vehicle dealer.
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| "Off site sale" means the temporary display and sale of | 6 |
| vehicles, for a
period of not more than 7 calendar days | 7 |
| (excluding Sundays), by a dealer
licensed under Section 5-101 | 8 |
| or 5-102 at a place other than the dealer's
established and | 9 |
| additional places of business.
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| "Relevant market area", for a new vehicle dealer licensed | 11 |
| under Section
5-101 ,
and for a used vehicle dealer licensed | 12 |
| under Section 5-102, and for an automotive collision repairer | 13 |
| licensed under Section 5-301, means the
area within 10 miles of | 14 |
| the established or additional place of business of the
dealer | 15 |
| located in a county with a population of 300,000 or more, or | 16 |
| within 15
miles if the established place of business is located | 17 |
| in a county with a
population of less than 300,000.
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| "Trade show exhibition" means a temporary display of | 19 |
| vehicles,
by dealers licensed under Section 5-101 or 5-102, or | 20 |
| any other
person as defined in subsection (c) of Section | 21 |
| 5-102.1, at a location at which
no vehicles are offered for | 22 |
| sale that is conducted at a place other than the
dealer's | 23 |
| established and additional places of business. In order for a | 24 |
| display
exhibition to be considered a trade
show exhibition, it | 25 |
| must be participated in by at least 3
dealers, 2 of which must | 26 |
| be licensed under Section 5-101 or 5-102; and
a trade show | 27 |
| exhibition of new vehicles shall only be participated in by
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| licensed new vehicle dealers at least 2 of which must be | 29 |
| licensed under Section
5-101.
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| (Source: P.A. 90-89, eff. 1-1-98; 91-415, eff. 1-1-00.)"; and
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| on page 6, line 10, by inserting after the period the | 32 |
| following: | 33 |
| " This paragraph 7 does not apply to rebuilders as defined in |
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| Section 1-168.05. "; and | 2 |
| on page 6, by inserting immediately below line 27 the | 3 |
| following: | 4 |
| "Section 10. The Automotive Collision Repair Act is amended | 5 |
| by changing Sections 10 and 40 and by adding Section 76 as | 6 |
| follows:
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| (815 ILCS 308/10)
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| Sec. 10. Definitions. As used in this Act:
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| "Automotive collision and body repair" means all repairs | 10 |
| that are commonly
performed by a
body repair technician to | 11 |
| restore a motor vehicle damaged in an accident or
collision to | 12 |
| a
condition
similar to
the motor vehicle condition
prior to the | 13 |
| damage or deterioration including, but not limited to, the
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| diagnosis,
installation, exchange,
repair, or refinishing of | 15 |
| exterior body panels, trim, lighting, and
structural chassis.
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| The term does not include commercial fleet repair or
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| maintenance
transactions involving 2 or more motor vehicles or | 18 |
| ongoing service or
maintenance
contracts involving
motor | 19 |
| vehicles used primarily for business purposes.
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| "Automotive collision and body repair facility" means a | 21 |
| person, firm,
association, or
corporation that for | 22 |
| compensation engages in the business of cosmetic repair,
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| structural
repair, or refinishing of motor vehicles with defect | 24 |
| related to accident or
collision.
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| "New part" means a part or component manufactured or | 26 |
| supplied by the original
motor vehicle
manufacturer in an | 27 |
| unused condition.
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| "Used part" means an original motor vehicle manufacturer | 29 |
| part or component
removed from
a motor vehicle of similar make, | 30 |
| model, and condition without the benefit of
being
rebuilt or
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| remanufactured.
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| "Rebuilt part" or "reconditioned part" means a used part | 2 |
| that has been
inspected and
remanufactured to restore | 3 |
| functionality and performance.
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| "Aftermarket part" means a new part that is not | 5 |
| manufactured or supplied by
the original
motor vehicle | 6 |
| manufacturer for addition to, or replacement of, exterior body
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| panel
or trim. | 8 |
| "Relevant market area", for an automotive collision | 9 |
| repairer licensed under Section 5-301 of the Illinois Vehicle | 10 |
| Code, means the area within 10 miles of the established place | 11 |
| of business of the repairer if that place of business is | 12 |
| located in a county with a population of 300,000 or more, or | 13 |
| the area within 15 miles of the established place of business | 14 |
| of the repairer if that place of business is located in a | 15 |
| county with a population of less than 300,000.
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| (Source: P.A. 93-565, eff. 1-1-04.)
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| (815 ILCS 308/40)
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| Sec. 40. Disclosures to consumers; invoices.
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| (a) On completion of repairs, the collision repair facility | 20 |
| shall provide
the
consumer with an
accurate record in the form | 21 |
| of a final estimate or invoice. An estimate that
is stamped | 22 |
| "invoice"
may be deemed the same as an itemized invoice. The | 23 |
| final estimate or invoice
shall
accurately
record in writing | 24 |
| all of the items set forth in this Section.
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| (b) The invoice shall show the collision repair facility's | 26 |
| business name and
address, the date
of the invoice, the | 27 |
| odometer reading at the time the final estimate or invoice
was | 28 |
| prepared, the
name of the consumer, and the description of the | 29 |
| motor vehicle including the
motor vehicle identification
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| number (VIN). In addition, the invoice shall describe all | 31 |
| repair work done by
the collision repair
facility, including | 32 |
| all warranty work, and shall separately identify (i) each
major | 33 |
| part supplied in a
manner so that the consumer can identify the |
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| part as one described in Section
10 of this Act, and
(ii) the | 2 |
| total price charged for all charges including, but not limited | 3 |
| to,
parts, labor, and sales tax.
The invoice or final estimate | 4 |
| shall itemize any additional charges and include
those charges | 5 |
| in the
total presented to the consumer.
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| (c) A legible copy of the invoice or final estimate shall | 7 |
| be given to the
consumer and a
legible copy shall be retained | 8 |
| by the collision repair facility for a period of
2 years from | 9 |
| the date of
repair as a part of the collision repair facility's | 10 |
| records, which may be
retained in electronic format.
Records | 11 |
| may be stored at a separate location. | 12 |
| (d) All licensed repair shops that have agreed orally or in | 13 |
| writing with an insurer to discounts or concessions in parts, | 14 |
| labor, materials, or procedures that are not transferable to | 15 |
| the claimant must notify the claimant of the existence of the | 16 |
| agreement.
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| (Source: P.A. 93-565, eff. 1-1-04.)
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| (815 ILCS 308/76 new)
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| Sec. 76. Compliance with Act. If a person is engaged in | 20 |
| activities associated with automotive collision repair as | 21 |
| covered in this Act, that person shall comply with the | 22 |
| provisions of this Act. ".
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