Full Text of HB1527 103rd General Assembly
HB1527eng 103RD GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by adding | 5 | | Sections 1-115.08, 12-614, and 12-615 as follows: | 6 | | (625 ILCS 5/1-115.08 new) | 7 | | Sec. 1-115.08. Disablement technology. Any instrument, | 8 | | device, machine, or equipment, whether software or hardware, | 9 | | that can be used to disable the starter of a motor vehicle, | 10 | | prevent fuel from flowing to the engine, prevent electricity | 11 | | from flowing to the engine, or otherwise prevent the vehicle | 12 | | from being started or driven by a person. | 13 | | (625 ILCS 5/12-614 new) | 14 | | Sec. 12-614. Disablement technology, prohibited uses. | 15 | | (a) Disablement technology shall not be used as an aid to | 16 | | the physical retrieval of a vehicle as part of repossession or | 17 | | as a consequence for nonpayment under a retail installment | 18 | | contract or other instrument. | 19 | | (b) A motor vehicle dealer or retail seller as defined by | 20 | | the Motor Vehicle Retail Installment Sales Act, or an | 21 | | individual or entity that offers loans to finance the purchase | 22 | | of motor vehicles, or an assignee or successor in interest, |
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| 1 | | shall not: | 2 | | (1) Condition the sale or any term of sale of a motor | 3 | | vehicle on a consumer's agreement to allow the dealer or | 4 | | seller to install or use disablement technology, or impose | 5 | | the installation or use of disablement technology as a | 6 | | consequence for nonpayment of a retail installment | 7 | | contract or other instrument. | 8 | | (2) Install or use disablement technology in a motor | 9 | | vehicle except as provided in Section 12-615. | 10 | | (c) Knowingly installing or using disablement technology | 11 | | in a motor violation of this Section is an unlawful practice | 12 | | within the meaning of the Consumer Fraud and Deceptive | 13 | | Business Practices Act. An assignee or successor in interest | 14 | | to a retail installment contract or other instrument who did | 15 | | not install, authorize, or ratify the installation of the | 16 | | disablement technology in a consumer's vehicle may not be held | 17 | | liable for the prior contract holder's installation of | 18 | | disablement technology unless the technology is activated or | 19 | | the consumer is threatened with activation by the assignee or | 20 | | successor in interest. | 21 | | (d) Unless otherwise authorized by this Code, the | 22 | | activation of disablement technology in a motor vehicle for | 23 | | any length of time by any motor vehicle dealer or holder of a | 24 | | retail installment contract or other similar instrument is | 25 | | prohibited. Any consumer whose vehicle is subject to the | 26 | | activation of disablement technology may bring an action |
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| 1 | | against an activating person or entity for damages of $1,000 | 2 | | per month per violation plus actual damages and attorney's | 3 | | fees. In addition, such activation constitutes a form of | 4 | | repossession of the motor vehicle under Section 9-601 of the | 5 | | Uniform Commercial Code, and all rights, requirements, | 6 | | protections, and remedies provided under the Uniform | 7 | | Commercial Code for the repossession of collateral apply. | 8 | | (625 ILCS 5/12-615 new) | 9 | | Sec. 12-615. Disablement technology, antitheft. | 10 | | (a) Disablement technology may be offered for sale or sold | 11 | | only for antitheft purposes, either on its own or for an | 12 | | additional fee in connection with the purchase of a motor | 13 | | vehicle. Any motor vehicle dealer that sells a motor vehicle | 14 | | containing disablement technology shall: | 15 | | (1) identify through a clear and conspicuous written | 16 | | and oral disclosure provided separately to the consumer in | 17 | | advance of any sale or execution of any loan agreement for | 18 | | a motor vehicle: | 19 | | (i) the existence of the disablement technology in | 20 | | the motor vehicle, or the intent to install it, or have | 21 | | it installed by a third party; | 22 | | (ii) the brand name and model of the disablement | 23 | | technology installed or to be installed in the | 24 | | vehicle; | 25 | | (iii) a statement that the disablement technology |
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| 1 | | will not be used or activated by the motor vehicle | 2 | | dealer, lender, or any other party as part of a | 3 | | repossession or as a consequence for nonpayment of a | 4 | | retail installment contract or other instrument; and | 5 | | (iv) the type or types of data related to the | 6 | | consumer or the consumer's use of the motor vehicle | 7 | | generated, stored by, or transmitted through the | 8 | | disablement technology; | 9 | | (2) provide clear and conspicuous written instructions | 10 | | to the consumer about the operation of the disablement | 11 | | technology, including how to activate and deactivate the | 12 | | technology, as well as any global positioning system or | 13 | | other tracking features the particular type of disablement | 14 | | technology may support; | 15 | | (3) take reasonable steps to ensure, prior to sale, | 16 | | that the consumer has sufficient technological means of | 17 | | operating the disablement technology, such as routine | 18 | | access to a computer with Internet access, if necessary; | 19 | | and | 20 | | (4) take no steps that would prevent or limit a | 21 | | consumer's ability to operate the disablement technology, | 22 | | including any global positioning system or other tracking | 23 | | features. | 24 | | (b) The consumer must provide express, written consent | 25 | | before the installation, activation, or use of the disablement | 26 | | technology. |
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| 1 | | (c) A motor vehicle dealer shall not rescind an offer to | 2 | | sell a vehicle to a consumer solely because the consumer | 3 | | refuses to purchase disablement technology or otherwise allow | 4 | | disablement technology to be installed on the vehicle. | 5 | | (d) Any motor vehicle dealer that sells a motor vehicle | 6 | | with disablement technology shall provide customer support via | 7 | | telephone and email for the disablement technology. At least | 8 | | one staff person must be available during the dealer's regular | 9 | | business hours to answer questions and troubleshoot the | 10 | | operation of the technology with the consumer. | 11 | | (e) Data generated or stored by disablement technology as | 12 | | the result of a consumer's vehicle usage is the personal | 13 | | property of the consumer, and the consumer is entitled to all | 14 | | profits and other benefits flowing from the sharing or sale of | 15 | | this data. | 16 | | (f) Data generated or stored by disablement technology | 17 | | that is installed in a consumer's vehicle, and data | 18 | | transmitted by or through the disablement technology that | 19 | | relates to the consumer or the consumer's use of a motor | 20 | | vehicle, may not be sold or otherwise shared with any third | 21 | | parties except as required by federal, State, or local law, or | 22 | | required by court order. An entity required to make a | 23 | | disclosure to a third party under federal, State, or local | 24 | | law, or by court order, shall make a reasonable effort to | 25 | | provide the consumer with timely, written notice of the | 26 | | required disclosure prior to making such a third-party |
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| 1 | | disclosure. | 2 | | Section 10. The Consumer Fraud and Deceptive Business | 3 | | Practices Act is amended by changing Section 2Z as follows:
| 4 | | (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
| 5 | | Sec. 2Z. Violations of other Acts. Any person who | 6 | | knowingly violates
the Automotive Repair Act, the Automotive | 7 | | Collision Repair Act,
the Home Repair and Remodeling Act,
the | 8 | | Dance Studio Act,
the Physical Fitness Services Act,
the | 9 | | Hearing Instrument Consumer Protection Act,
the Illinois Union | 10 | | Label Act, the Installment Sales Contract Act,
the Job | 11 | | Referral and Job Listing Services Consumer Protection Act,
the | 12 | | Travel Promotion Consumer Protection Act,
the Credit Services | 13 | | Organizations Act,
the Automatic Telephone Dialers Act,
the | 14 | | Pay-Per-Call Services Consumer Protection Act,
the Telephone | 15 | | Solicitations Act,
the Illinois Funeral or Burial Funds Act,
| 16 | | the Cemetery Oversight Act, the Cemetery Care Act,
the Safe | 17 | | and Hygienic Bed Act,
the Illinois Pre-Need Cemetery Sales | 18 | | Act,
the High Risk Home Loan Act, the Payday Loan Reform Act, | 19 | | the Predatory Loan Prevention Act, the Mortgage Rescue Fraud | 20 | | Act, subsection (a) or (b) of Section 3-10 of the
Cigarette Tax | 21 | | Act, subsection
(a) or (b) of Section 3-10 of the Cigarette Use | 22 | | Tax Act, the Electronic
Mail Act, the Internet Caller | 23 | | Identification Act, paragraph (6)
of
subsection (k) of Section | 24 | | 6-305 of the Illinois Vehicle Code, Section 11-1431, 12-614, |
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| 1 | | 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the | 2 | | Illinois Vehicle Code, Article 3 of the Residential Real | 3 | | Property Disclosure Act, the Automatic Contract Renewal Act, | 4 | | the Reverse Mortgage Act, Section 25 of the Youth Mental | 5 | | Health Protection Act, the Personal Information Protection | 6 | | Act, or the Student Online Personal Protection Act commits an | 7 | | unlawful practice within the meaning of this Act.
| 8 | | (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18; | 9 | | 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)
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