Bill Amendment: IL HB3072 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: INS CD-VEH PROTECTION PRODUCT
Status: 2017-08-22 - Public Act . . . . . . . . . 100-0272 [HB3072 Detail]
Download: Illinois-2017-HB3072-House_Amendment_001.html
Bill Title: INS CD-VEH PROTECTION PRODUCT
Status: 2017-08-22 - Public Act . . . . . . . . . 100-0272 [HB3072 Detail]
Download: Illinois-2017-HB3072-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 3072
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2 | AMENDMENT NO. ______. Amend House Bill 3072 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Illinois Insurance Code is amended by | ||||||
5 | changing Section 155.39 as follows:
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6 | (215 ILCS 5/155.39)
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7 | Sec. 155.39. Vehicle protection products.
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8 | (a) As used in this Section:
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9 | "Administrator" means a third party other than the | ||||||
10 | warrantor who is
designated by the warrantor to be responsible | ||||||
11 | for the administration of
vehicle protection product | ||||||
12 | warranties.
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13 | "Incidental costs" means expenses specified in the vehicle | ||||||
14 | protection
product warranty incurred by the warranty holder | ||||||
15 | related to the failure of the
vehicle protection product to | ||||||
16 | perform as provided in the warranty.
Incidental costs may |
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1 | include, without limitation, insurance policy
deductibles, | ||||||
2 | rental vehicle charges, the difference between the actual value
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3 | of the stolen vehicle at the time of theft and the cost of a | ||||||
4 | replacement
vehicle, sales taxes, registration fees, | ||||||
5 | transaction fees, and mechanical
inspection fees.
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6 | "Vehicle protection product" means a protective chemical, | ||||||
7 | substance, vehicle protection device,
system, or service that | ||||||
8 | is (i) installed on or applied to a vehicle , and (ii) is
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9 | designed to prevent loss or damage to a vehicle from a specific | ||||||
10 | cause , (iii)
includes a written warranty by a warrantor that | ||||||
11 | provides if the vehicle
protection product fails to prevent | ||||||
12 | loss or damage to a vehicle from a
specific cause, that the | ||||||
13 | warranty holder shall be paid specified incidental
costs by the | ||||||
14 | warrantor as a result of the failure of the vehicle protection
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15 | product to perform pursuant to the terms of the warranty, and | ||||||
16 | (iv) the
warrantor's liability is covered by a warranty | ||||||
17 | reimbursement insurance
policy . The term "vehicle protection | ||||||
18 | product"
shall include, without limitation, protective | ||||||
19 | chemicals, alarm systems, body part marking products,
steering | ||||||
20 | locks, window etch products, pedal and ignition locks, fuel and
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21 | ignition kill switches, and electronic, radio, and satellite | ||||||
22 | tracking devices. "Vehicle protection product" does not | ||||||
23 | include fuel additives, oil additives, or other chemical | ||||||
24 | products applied to the engine, transmission, or fuel system of | ||||||
25 | a motor vehicle.
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26 | "Vehicle protection product warrantor" or "warrantor"
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1 | means a person who is contractually obligated to the
warranty | ||||||
2 | holder under the terms of a the vehicle protection product | ||||||
3 | warranty .
"Warrantor" Warrantor does not include an authorized | ||||||
4 | insurer.
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5 | "Vehicle protection product warranty" means a written | ||||||
6 | warranty by a vehicle protection product warrantor that (i) is | ||||||
7 | included, for no separate and identifiable consideration, with | ||||||
8 | the purchase of a vehicle protection product sold or offered | ||||||
9 | for sale in this State and (ii) provides if the vehicle | ||||||
10 | protection product fails to prevent loss or damage to a vehicle | ||||||
11 | from a specific cause, that the warranty holder shall be paid | ||||||
12 | specified incidental costs by the warrantor as a result of the | ||||||
13 | failure of the vehicle protection product to perform pursuant | ||||||
14 | to the terms of the warranty. | ||||||
15 | "Warranty reimbursement insurance policy" means a policy | ||||||
16 | of
insurance
issued to the vehicle protection product warrantor
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17 | to pay on behalf of the warrantor
all covered contractual | ||||||
18 | obligations incurred by the warrantor under the terms
and | ||||||
19 | conditions of the insured vehicle protection product | ||||||
20 | warranties sold by
the warrantor. The warranty reimbursement | ||||||
21 | insurance policy shall be issued by
an insurer authorized to do | ||||||
22 | business in this State that has filed its policy
form with the | ||||||
23 | Department.
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24 | (a-5) A vehicle protection product warrantor's liabilities | ||||||
25 | under a vehicle protection product warranty shall be covered by | ||||||
26 | a warranty reimbursement insurance policy. |
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1 | (b) No vehicle protection product warranty sold or offered | ||||||
2 | for sale in this State
shall be subject to the provisions of | ||||||
3 | this Code. Vehicle protection product warranties are express | ||||||
4 | warranties and not insurance. | ||||||
5 | Vehicle protection product warrantors and related vehicle | ||||||
6 | protection
product sellers and warranty administrators | ||||||
7 | complying with this Section are
not required to comply with and | ||||||
8 | are not subject to any other provision of this
Code. The | ||||||
9 | vehicle protection products' written warranties are express
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10 | warranties and not insurance.
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11 | (c) This Section applies to all vehicle protection products | ||||||
12 | sold or
offered for sale prior to, on, or after the effective | ||||||
13 | date of this amendatory
Act
of the 93rd General Assembly. The | ||||||
14 | enactment of this Section does not
imply that vehicle | ||||||
15 | protection products should have been subject to regulation
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16 | under this Code prior to the enactment of this Section. The | ||||||
17 | changes made to this Section by this amendatory Act of the | ||||||
18 | 100th General Assembly do not imply that vehicle protection | ||||||
19 | products and vehicle protection product warranties should have | ||||||
20 | been subject to regulation under this Code prior to this | ||||||
21 | amendatory Act of the 100th General Assembly.
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22 | (Source: P.A. 95-331, eff. 8-21-07.)
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23 | Section 10. The Service Contract Act is amended by changing | ||||||
24 | Sections 5 and 35 as follows:
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1 | (215 ILCS 152/5)
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2 | Sec. 5. Definitions.
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3 | "Department" means the Department of Insurance.
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4 | "Director" means the Director of Insurance.
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5 | "Road hazard" means a hazard that is encountered while | ||||||
6 | driving a motor vehicle, including, but not limited to, | ||||||
7 | potholes, rocks, wood debris, metal parts, glass, plastic, | ||||||
8 | curbs, and composite scraps. | ||||||
9 | "Service contract" means a contract or agreement whereby a | ||||||
10 | service
contract provider
undertakes for a specified period of | ||||||
11 | time, for separate and identifiable
consideration, to
perform | ||||||
12 | the repair, replacement, or maintenance, or indemnification | ||||||
13 | for such
services, of
any automobile, system, or consumer | ||||||
14 | product in connection with the operational
or
structural | ||||||
15 | failure due to a defect in materials or workmanship, or normal | ||||||
16 | wear
and tear,
with or without additional provision for | ||||||
17 | incidental payment or indemnity under
limited
circumstances, | ||||||
18 | for related expenses, including, but not limited to, towing,
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19 | rental, and
emergency road service. Service contracts may | ||||||
20 | provide for: | ||||||
21 | (1) the repair,
replacement, or
maintenance of such | ||||||
22 | property for damage resulting from power surges and
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23 | accidental
damage from handling; | ||||||
24 | (2) the repair or replacement of tires or wheels, or | ||||||
25 | both, on a motor vehicle damaged as the result of coming | ||||||
26 | into contact with road hazards; |
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1 | (3) the removal of dents, dings, or creases on a motor | ||||||
2 | vehicle that can be repaired using the process of paintless | ||||||
3 | dent removal without affecting the existing paint finish | ||||||
4 | and without replacing vehicle body panels, sanding, | ||||||
5 | bonding, or painting; | ||||||
6 | (4) the repair of chips or cracks in or the replacement | ||||||
7 | of motor vehicle windshields as a result of damage caused | ||||||
8 | by road hazards; | ||||||
9 | (5) the replacement of a motor vehicle key or key-fob | ||||||
10 | in the event that the key or key-fob becomes inoperable or | ||||||
11 | is lost or stolen; | ||||||
12 | (6) the payment of specified incidental costs in the | ||||||
13 | event that a vehicle protection product a protective | ||||||
14 | chemical, substance, device, or system that (A) is | ||||||
15 | installed on or applied to a motor vehicle, (B) is designed | ||||||
16 | to prevent loss or damage to a motor vehicle from a | ||||||
17 | specific cause, and (C) includes a written product warranty | ||||||
18 | providing for payment to or on behalf of the warranty | ||||||
19 | holder's incidental costs in the event that the product | ||||||
20 | fails to prevent loss or damage as specified; the | ||||||
21 | reimbursement of incidental costs under the warranty must | ||||||
22 | be tied to the purchase of a physical product that is | ||||||
23 | formulated or designed to make the specified loss or damage | ||||||
24 | less likely to occur; or | ||||||
25 | (7) other services that may be approved by the | ||||||
26 | Director, if not inconsistent with other provisions of this |
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1 | Act. | ||||||
2 | Service contracts shall not include: | ||||||
3 | (i) contracts of limited
duration
that provide for | ||||||
4 | scheduled maintenance only;
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5 | (ii) fuel additives, oil additives, or other chemical | ||||||
6 | products applied to the engine, transmission, or fuel | ||||||
7 | system of a motor vehicle; | ||||||
8 | (iii) coverage for the repair or replacement, or both, | ||||||
9 | of damage to the interior surfaces of a vehicle, or for | ||||||
10 | repair or replacement, or both, of damage to the exterior | ||||||
11 | paint or finish of a vehicle; however, such coverage may be | ||||||
12 | offered in connection with the sale of a vehicle protection | ||||||
13 | product; and | ||||||
14 | (iv) a vehicle product protection warranty included, | ||||||
15 | for no separate and identifiable consideration, with the | ||||||
16 | purchase of a vehicle protection product protective | ||||||
17 | chemical, device, or system described in item (6) of this | ||||||
18 | definition . | ||||||
19 | "Service contract holder" means the person who purchases a | ||||||
20 | service
contract or a
permitted transferee.
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21 | "Service contract provider" means a person who is | ||||||
22 | contractually
obligated to the
service contract holder under | ||||||
23 | the terms of the service contract. A service
contract
provider | ||||||
24 | does not include an insurer.
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25 | "Service contract reimbursement insurance policy" means a | ||||||
26 | policy of
insurance that
is issued to the service contract |
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1 | provider to provide reimbursement to the
service
contract | ||||||
2 | provider or to pay on behalf of the service contract provider | ||||||
3 | all
covered
contractual obligations incurred by the service | ||||||
4 | contract provider under the
terms and
conditions of the insured | ||||||
5 | service contracts issued or sold by the service
contract
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6 | provider.
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7 | "System" means the heating, cooling, plumbing, electrical, | ||||||
8 | ventilation,
or any other similar
system of a home.
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9 | "Vehicle protection product" has the same meaning as that | ||||||
10 | term is defined in subsection (a) of Section 155.39 of the | ||||||
11 | Illinois Insurance Code. | ||||||
12 | "Vehicle protection product warranty" has the same meaning | ||||||
13 | as that term is defined in subsection (a) of Section 155.39 of | ||||||
14 | the Illinois Insurance Code. | ||||||
15 | (Source: P.A. 98-222, eff. 1-1-14.)
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16 | (215 ILCS 152/35)
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17 | Sec. 35. Cancellation and refunds. | ||||||
18 | (a) No service contract may be issued, sold, or offered for | ||||||
19 | sale in this State
unless the service
contract clearly states | ||||||
20 | that the service contract holder is allowed to cancel
the | ||||||
21 | service
contract. If the service contract holder elects | ||||||
22 | cancellation, the service
contract provider may
retain a | ||||||
23 | cancellation fee not to exceed the lesser of 10% of the service
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24 | contract price or
$50. The service contract cancellation | ||||||
25 | provision must provide that the service
contract may be |
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1 | cancelled:
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2 | (1) within 30 days after its purchase if no service has | ||||||
3 | been provided
and that a full
refund of the service contract | ||||||
4 | consideration, less any cancellation fee stated
in the service
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5 | contract will be paid to the service contract holder; or
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6 | (2) at any other time and a pro rata refund of the service | ||||||
7 | contract
consideration for
the unexpired term of the service | ||||||
8 | contract, based on the number of elapsed
months, miles,
hours, | ||||||
9 | or such other reasonably applicable measure which is clearly | ||||||
10 | disclosed
in
the service
contract, less the value of any | ||||||
11 | service received, and any cancellation fee
stated in the
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12 | service contract will be paid to the service contract holder.
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13 | (b) In the event of the cancellation of a service contract | ||||||
14 | that includes the coverage described in paragraph (6) of the | ||||||
15 | definition of "service contract" in Section 5 of this Act, the | ||||||
16 | service contract provider is not required to, but may, refund | ||||||
17 | the purchase price of the vehicle protection product. The | ||||||
18 | coverage described in paragraph (6) of the definition of | ||||||
19 | "service contract" in Section 5 of this Act may not be offered | ||||||
20 | as or within a service contract unless the service contract | ||||||
21 | clearly states whether the service contract holder is entitled | ||||||
22 | to a refund of the purchase price of the vehicle protection | ||||||
23 | product and, if applicable, the terms of such refund. | ||||||
24 | (Source: P.A. 90-711, eff. 8-7-98.)".
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