Full Text of HB4555 96th General Assembly
HB4555 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4555
Introduced 5/13/2009, by Rep. JoAnn D. Osmond SYNOPSIS AS INTRODUCED: |
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815 ILCS 308/15 |
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815 ILCS 308/75 |
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Amends the Automotive Collision Repair Act. Provides that motor vehicle collision repair facilities shall disclose in their estimates to consumers the possible use of an estimating system, in addition to other industry standards, when determining labor costs and repair procedures (rather than labor costs only). Prohibits repairers from allowing a party who is outside the contract of repair to influence or mandate the method of estimating labor costs or repair procedures. Adds language providing that a knowing violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Deletes provisions providing that a persistent practice or pattern of conduct at a single location in violation of the Act constitutes a violation of the Consumer Fraud and Deceptive Business Practices Act. Provides that all remedies, penalties, and authority available to the Attorney General and the several State's Attorneys for the enforcement of the Consumer Fraud and Deceptive Business Practices Act shall be available and apply to all conduct in violation of the Automotive Collision Repair Act (rather than to conduct that is knowing, persistent, or indicates a pattern).
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A BILL FOR
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HB4555 |
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LRB096 12731 KTG 26433 b |
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| AN ACT concerning business.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Automotive Collision Repair Act is amended | 5 |
| by changing Sections 15 and 75 as follows:
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| (815 ILCS 308/15)
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| Sec. 15. Disclosure to consumers; estimates.
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| (a) No work for compensation that exceeds $100 shall be | 9 |
| commenced without
specific
authorization from the consumer | 10 |
| after the disclosure set forth in this Section.
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| (b) Every motor vehicle collision repair facility shall | 12 |
| either (i) give to
each
consumer a written
estimated price for | 13 |
| labor and parts for a specific repair and shall not charge
for | 14 |
| work done or parts
supplied in an amount that exceeds the | 15 |
| estimate by more than 10% without oral
or written consent
from | 16 |
| the consumer; or (ii) give to each consumer a written price | 17 |
| limit for each
specific repair and
shall not exceed that limit | 18 |
| without oral or written consent of the consumer.
The estimate | 19 |
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include the total costs to repair the motor vehicle.
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| Estimates shall include all charges to be paid by the | 21 |
| consumer to complete
the repair,
including any charges for | 22 |
| estimates, diagnostics, storage, and administrative
fees.
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| (c) Motor vehicle collision repair facilities shall |
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HB4555 |
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LRB096 12731 KTG 26433 b |
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| describe in the
estimate the major
parts needed to
effectuate | 2 |
| the repair and shall designate the parts as either new parts, | 3 |
| used
parts, rebuilt or
reconditioned parts, or aftermarket | 4 |
| parts
as set forth in Section 10 of
this Act.
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| (d) Estimates shall indicate that the collision repair | 6 |
| facility may use a
combination of
industry standard flat rate | 7 |
| (time) manuals, actual time, estimating system, or condition of | 8 |
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motor vehicle to determine
labor costs or repair | 9 |
| procedures . No repairer shall allow a party who is outside the | 10 |
| contract of repair to influence or mandate the method of | 11 |
| estimating to determine labor costs or repair procedures. This | 12 |
| disclosure mandate may also be fulfilled by means of a sign
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| that provides the
same information to the consumer. The sign | 14 |
| shall be posted at a location that
can be easily viewed
by the | 15 |
| consumer.
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| (e) If it is necessary to disassemble or partially | 17 |
| disassemble a motor
vehicle or motor
vehicle component
in order | 18 |
| to provide the consumer a written estimate for required | 19 |
| repairs, the
estimate shall show the
cost of any disassembly if | 20 |
| the consumer elects not to
proceed with the
repair of the motor | 21 |
| vehicle.
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| (f) The estimate shall include the date the estimate was | 23 |
| prepared or the
date the motor vehicle was
presented to the | 24 |
| collision repair facility for repair and the odometer reading
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| on the motor vehicle at the
time the motor vehicle was left | 26 |
| with the collision repair facility.
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HB4555 |
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LRB096 12731 KTG 26433 b |
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| (Source: P.A. 93-565, eff. 1-1-04.)
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| (815 ILCS 308/75)
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| Sec. 75. Violations. Whenever an automotive collision | 4 |
| repair facility is
knowingly
engaged in an unlawful act or | 5 |
| practice as outlined in this Act, the unlawful act or practice | 6 |
| is or has knowingly engaged in a persistent practice or pattern | 7 |
| of
conduct at a single
location that violates this Act, that, | 8 |
| knowingly, persistent practice or
pattern of conduct shall be
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| deemed an unlawful act or practice under the Consumer Fraud and | 10 |
| Deceptive
Business Practices
Act. All In the case of knowing, | 11 |
| persistent practice, or pattern of conduct, all
remedies, | 12 |
| penalties, and
authority available to the Attorney General and | 13 |
| the several State's Attorneys
under the Consumer
Fraud and | 14 |
| Deceptive Business Practices Act for the enforcement of that | 15 |
| Act
shall be available for
the enforcement of this Act.
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| (Source: P.A. 93-565, eff. 1-1-04.)
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