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|[ Introduced ]||[ House Amendment 001 ]||[ House Amendment 002 ]|
90_HB2823eng 815 ILCS 505/2 from Ch. 121 1/2, par. 262 Amends the Consumer Fraud and Deceptive Business Practices Act. Adds a caption to a Section declaring certain acts or practices unlawful. LRB9009701DJcd HB2823 Engrossed LRB9009701DJcd 1 AN ACT in relation to consumer protection. 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 5 changing Section 5-301 as follows: 6 (625 ILCS 5/5-301) (from Ch. 95 1/2, par. 5-301) 7 Sec. 5-301. Automotive parts recyclers, scrap 8 processors, repairers and rebuilders must be licensed. 9 (a) No person in this State shall, except as an incident 10 to the servicing of vehicles, carry on or conduct the 11 business of a automotive parts recyclers, a scrap processor, 12 a repairer, or a rebuilder, unless licensed to do so in 13 writing by the Secretary of State under this Section. No 14 person shall rebuild a salvage vehicle unless such person is 15 licensed as a rebuilder by the Secretary of State under this 16 Section. Each license shall be applied for and issued 17 separately, except that a license issued to a new vehicle 18 dealer under Section 5-101 of this Code shall also be deemed 19 to be a repairer license. 20 (b) Any application filed with the Secretary of State, 21 shall be duly verified by oath, in such form as the Secretary 22 of State may by rule or regulation prescribe and shall 23 contain: 24 1. The name and type of business organization of 25 the applicant and his principal or additional places of 26 business, if any, in this State. 27 2. The kind or kinds of business enumerated in 28 subsection (a) of this Section to be conducted at each 29 location. 30 3. If the applicant is a corporation, a list of its 31 officers, directors, and shareholders having a ten HB2823 Engrossed -2- LRB9009701DJcd 1 percent or greater ownership interest in the corporation, 2 setting forth the residence address of each; if the 3 applicant is a sole proprietorship, a partnership, an 4 unincorporated association, a trust, or any similar form 5 of business organization, the names and residence address 6 of the proprietor or of each partner, member, officer, 7 director, trustee or manager. 8 4. A statement that the applicant's officers, 9 directors, shareholders having a ten percent or greater 10 ownership interest therein, proprietor, partner, member, 11 officer, director, trustee, manager, or other principals 12 in the business have not committed in the past three 13 years any one violation as determined in any civil or 14 criminal or administrative proceedings of any one of the 15 following Acts: 16 (a) The Anti Theft Laws of the Illinois 17 Vehicle Code; 18 (b) The "Certificate of Title Laws" of the 19 Illinois Vehicle Code; 20 (c) The "Offenses against Registration and 21 Certificates of Title Laws" of the Illinois Vehicle 22 Code; 23 (d) The "Dealers, Transporters, Wreckers and 24 Rebuilders Laws" of the Illinois Vehicle Code; 25 (e) Section 21-2 of the Criminal Code of 1961, 26 Criminal Trespass to Vehicles; or 27 (f) The Retailers Occupation Tax Act. 28 5. A statement that the applicant's officers, 29 directors, shareholders having a ten percent or greater 30 ownership interest therein, proprietor, partner, member, 31 officer, director, trustee, manager or other principals 32 in the business have not committed in any calendar year 3 33 or more violations, as determined in any civil or 34 criminal or administrative proceedings, of any one or HB2823 Engrossed -3- LRB9009701DJcd 1 more of the following Acts: 2 (a) The Consumer Finance Act; 3 (b) The Consumer Installment Loan Act; 4 (c) The Retail Installment Sales Act; 5 (d) The Motor Vehicle Retail Installment Sales 6 Act; 7 (e) The Interest Act; 8 (f) The Illinois Wage Assignment Act; 9 (g) Part 8 of Article XII of the Code of Civil 10 Procedure; or 11 (h) The Consumer Fraud Act. 12 6. An application for a license shall be 13 accompanied by the following fees: $50 for applicant's 14 established place of business; $25 for each additional 15 place of business, if any, to which the application 16 pertains; provided, however, that if such an application 17 is made after June 15 of any year, the license fee shall 18 be $25 for applicant's established place of business plus 19 $12.50 for each additional place of business, if any, to 20 which the application pertains. License fees shall be 21 returnable only in the event that such application shall 22 be denied by the Secretary of State. 23 7. A statement that the applicant understands 24 Chapter 1 through Chapter 5 of this Code. 25 8. A statement that the applicant shall comply with 26 subsection (e) of this Section. 27 (c) Any change which renders no longer accurate any 28 information contained in any application for a license filed 29 with the Secretary of State shall be amended within 30 days 30 after the occurrence of such change on such form as the 31 Secretary of State may prescribe by rule or regulation, 32 accompanied by an amendatory fee of $2. 33 (d) Anything in this chapter to the contrary, 34 notwithstanding, no person shall be licensed under this HB2823 Engrossed -4- LRB9009701DJcd 1 Section unless such person shall maintain an established 2 place of business as defined in this Chapter. 3 (e) The Secretary of State shall within a reasonable 4 time after receipt thereof, examine an application submitted 5 to him under this Section and unless he makes a 6 determination that the application submitted to him does not 7 conform with the requirements of this Section or that grounds 8 exist for a denial of the application, as prescribed in 9 Section 5-501 of this Chapter, grant the applicant an 10 original license as applied for in writing for his 11 established place of business and a supplemental license in 12 writing for each additional place of business in such form as 13 he may prescribe by rule or regulation which shall include 14 the following: 15 1. The name of the person licensed; 16 2. If a corporation, the name and address of its 17 officers or if a sole proprietorship, a partnership, an 18 unincorporated association or any similar form of 19 business organization, the name and address of the 20 proprietor or of each partner, member, officer, director, 21 trustee or manager; 22 3. A designation of the kind or kinds of business 23 enumerated in subsection (a) of this Section to be 24 conducted at each location; 25 4. In the case of an original license, the 26 established place of business of the licensee; 27 5. In the case of a supplemental license, the 28 established place of business of the licensee and the 29 additional place of business to which such supplemental 30 license pertains. 31 (f) The appropriate instrument evidencing the license or 32 a certified copy thereof, provided by the Secretary of State 33 shall be kept, posted, conspicuously in the established place 34 of business of the licensee and in each additional place of HB2823 Engrossed -5- LRB9009701DJcd 1 business, if any, maintained by such licensee. The licensee 2 also shall post conspicuously in the established place of 3 business and in each additional place of business a notice 4 which states that such business is required to be licensed by 5 the Secretary of State under Section 5-301, and which 6 provides the license number of the business and the license 7 expiration date. This notice also shall advise the consumer 8 that any complaints as to the quality of service may be 9 brought to the attention of the Attorney General. The 10 information required on this notice also shall be printed 11 conspicuously on all estimates and receipts for work by the 12 licensee subject to this Section. The Secretary of State 13 shall prescribe the specific format of this notice. The 14 requirements of this subsection (f) shall not apply to new 15 vehicle dealers licensed pursuant to Section 5-101 of this 16 Act. 17 (g) Except as provided in subsection (h) hereof, 18 licenses granted under this Section shall expire by operation 19 of law on December 31 of the calendar year for which they are 20 granted unless sooner revoked or cancelled under the 21 provisions of Section 5-501 of this Chapter. 22 (h) Any license granted under this Section may be 23 renewed upon application and payment of the fee required 24 herein as in the case of an original license, provided, 25 however, that in case an application for the renewal of an 26 effective license is made during the month of December, such 27 effective license shall remain in force until such 28 application is granted or denied by the Secretary of State. 29 (i) All automotive repairers and rebuilders shall, in 30 addition to the requirements of subsections (a) through (h) 31 of this Section, meet the following licensing requirements: 32 1. Provide proof that the property on which first 33 time applicants plan to do business is in compliance with 34 local zoning laws and regulations, and a listing of HB2823 Engrossed -6- LRB9009701DJcd 1 zoning classification; 2 2. Provide proof that the applicant for a 3 repairer's license complies with the proper workers' 4 compensation rate code or classification, and listing the 5 code of classification for that industry; 6 3. Provide proof that the applicant for a 7 rebuilder's license complies with the proper workers' 8 compensation rate code or classification for the repair 9 industry or the auto parts recycling industry and listing 10 the code of classification; 11 4. Provide proof that the applicant has obtained or 12 applied for a hazardous waste generator number, and 13 listing the actual number if available or certificate of 14 exemption; 15 5. Provide proof that applicant has proper 16 liability insurance, and listing the name of the insurer 17 and the policy number; and 18 6. Provide proof that the applicant has obtained or 19 applied for the proper State sales tax classification and 20 federal identification tax number, and listing the actual 21 numbers if available. 22 (j) All automotive parts recyclers shall, in addition to 23 the requirements of subsections (a) through (h) of this 24 Section, meet the following licensing requirements: 25 1. A statement that the applicant purchases 5 26 vehicles per year or has 5 hulks or chassis in stock; 27 2. Provide proof that the property on which all 28 first time applicants will do business does comply to the 29 proper local zoning laws in existence, and a listing of 30 zoning classifications; 31 3. Provide proof that applicant complies with the 32 proper workers' compensation rate code or classification, 33 and listing the code of classification; and 34 4. Provide proof that applicant has obtained or HB2823 Engrossed -7- LRB9009701DJcd 1 applied for the proper State sales tax classification and 2 federal identification tax number, and listing the actual 3 numbers if available. 4 (Source: P.A. 89-189, eff. 1-1-96.) 5 Section 10. The Automotive Repair Act is amended by 6 changing Sections 10 and 35 as follows: 7 (815 ILCS 306/10) 8 Sec. 10. Definitions. In this Act: 9 "Automotive repair" includes, but is not limited to: 10 (1) All repairs to motor vehicles that are commonly 11 performed in a motor vehicle repair facility by a motor 12 vehicle technician, including the diagnosis, 13 installation, exchange, or repair of mechanical or 14 electrical parts or units for any vehicle, the 15 performance of any electrical or mechanical adjustment to 16 any vehicle, or the performance of any service work 17 required for routine maintenance or repair of any 18 vehicle. The term does not include commercial fleet 19 repair or maintenance transactions involving 2 or more 20 vehicles or ongoing service or maintenance contracts 21 involving vehicles used primarily for business purposes. 22 (2) All repair work in motor vehicle repair 23 facilities that perform one or more specialties within 24 the automotive repair service industry, including, but 25 not limited to, refinishing, brake, electrical, exhaust 26 repair or installation, front-end, radiators, tires, 27 transmission, tune-up, and windshield. However, 28 transactions involving the retail purchase of merchandise 29 when a facility installs the merchandise as part of the 30 transaction at the discretion of the customer for a firm 31 price are not included. These transactions shall include 32 but not be limited to tires, batteries, oil, and lube HB2823 Engrossed -8- LRB9009701DJcd 1 jobs. 2 "Automotive repair facility" or "motor vehicle repair 3 facility" means any person, firm, association, or corporation 4 that for compensation engages in the business of automotive 5 repair or diagnosis, or both, of malfunctions of motor 6 vehicles. 7 A "used" part consists of a used assembly removed from a 8 vehicle and installed on a vehicle undergoing repair without 9 the benefit of being rebuilt or remanufactured. 10 "Motor vehicle" means a motor vehicle as defined in the 11 Illinois Vehicle Code except that "motor vehicle" does not 12 include (i) snowmobiles as defined in the Snowmobile 13 Registration and Safety Act, (ii) all-terrain vehicles, farm 14 tractors, implements of husbandry, and special mobile 15 equipment as defined in the Illinois Vehicle Code, and (iii) 16 motor vehicles of the second division as defined in the 17 Illinois Vehicle Code that weigh more than 8000 pounds. 18 (Source: P.A. 90-426, eff. 1-1-98.) 19 (815 ILCS 306/35) 20 Sec. 35. Inability to deliver motor vehicle to facility 21 during business hours; motor vehicle drop-offs. When the 22 consumer is unable to deliver the motor vehicle to the motor 23 vehicle repair facility during business hours and the 24 consumer has requested the motor vehicle repair facility to 25 take possession of the motor vehicle for the purpose of 26 repairing or estimating the cost of repairing the motor 27 vehicle, or is able to deliver the motor vehicle during 28 business hours but is unable to remain at the motor vehicle 29 repair facility to receive a diagnosis and estimate of 30 repairs, the motor vehicle repair facility may not undertake 31 the diagnosing or repairing of any malfunction of the motor 32 vehicle for compensation exceeding $100 unless either (i) the 33 consumer has signed a waiver as set forth in Section 20 or HB2823 Engrossed -9- LRB9009701DJcd 1 (ii) the motor vehicle repair facility has complied with all 2 of the following conditions: 3 (1) The motor vehicle repair facility has prepared 4 a written estimate or a firm price quotation of the price 5 for labor and parts necessary to repair the motor 6 vehicle. 7 (2) By telephone or otherwise, the consumer has 8 been given all of the material information on the written 9 estimate or firm price quotation, and the consumer has 10 approved the written estimate or firm price quotation. 11 (3) The consumer has given his or her oral or 12 written authorization to the motor vehicle repair 13 facility to make the repairs pursuant to the written 14 estimate or firm price quotation. 15 If the consumer's authorization is oral, the motor 16 vehicle repair facility shall make, on both the written 17 estimate or firm price quotation and the invoice, a notation 18 of the name of the person authorizing the repairs, the date, 19 the time, and the telephone number called, if any. Any 20 charge for parts or labor in excess of the original estimate 21 must be separately authorized by the consumer as provided in 22 subsection (b) of Section 15 and in Section 25. 23 (Source: P.A. 90-426, eff. 1-1-98.) 24 Section 15. The Consumer Fraud and Deceptive Business 25 Practices Act is amended by adding Section 2II as follows: 26 (815 ILCS 505/2II new) 27 Sec. 2II. Electronic mail that includes an 28 advertisement. 29 (a) As used in this Section: 30 (1) "Advertisement" means material that: 31 (A) advertises for commercial purpose the 32 availability or the quality of real property, goods, HB2823 Engrossed -10- LRB9009701DJcd 1 or services; or 2 (B) is otherwise designed or intended to 3 solicit a person to purchase real property, goods, 4 or services. 5 (2) "Electronic mail" means a message, a file, or 6 other information that is transmitted through a local, 7 regional, or global network, regardless of whether the 8 message, file, or other information is: 9 (A) viewed; 10 (B) stored for retrieval at a later time; 11 (C) printed onto paper or other similar 12 material; or 13 (D) filtered or screened by a computer program 14 that is designed or intended to filter or screen 15 items of electronic mail. 16 (3) "Network" means a network comprised of one or 17 more computers that may be accessed by a modem, 18 electronic or optical technology or other similar means. 19 (4) "Recipient" means a person who receives an item 20 of electronic mail. 21 (b) Except as otherwise provided in subsection (c) of 22 this Section, if a person transmits or causes to be 23 transmitted to a recipient an item of electronic mail that 24 includes an advertisement, that person commits an unlawful 25 practice under this Act, unless: 26 (1) the person has a preexisting business or 27 personal relationship with the recipient; 28 (2) the recipient has expressly consented to 29 receive the item of electronic mail from the person; or 30 (3) the advertisement is readily identifiable as 31 promotional, or contains a statement providing that it is 32 an advertisement, and clearly and conspicuously provides: 33 (A) the legal name, complete street address, 34 and electronic mail address of the person HB2823 Engrossed -11- LRB9009701DJcd 1 transmitting the electronic mail; and 2 (B) a notice that the recipient may decline to 3 receive additional electronic mail that includes an 4 advertisement from the person transmitting the 5 electronic mail and the procedures for declining 6 such electronic mail. 7 (c) If a person provides users with access to a network 8 and, as part of that service, transmits items of electronic 9 mail on behalf of those users, the person is immune from 10 liability for violations of this Act, unless the person 11 transmits an item of electronic mail that includes an 12 advertisement he or she prepared or caused to be prepared. 13 (d) The provisions of this Section do not apply to an 14 item of electronic mail that is obtained by a recipient 15 voluntarily. This subsection includes, but is not limited 16 to, an item of electronic mail that is obtained by a 17 recipient voluntarily from an electronic bulletin board.
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