Bill Amendment: IL HB3133 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: INS-COLLISION REPAIR PROCEDURE

Status: 2021-04-23 - House Floor Amendment No. 2 Rule 19(c) / Re-referred to Rules Committee [HB3133 Detail]

Download: Illinois-2021-HB3133-House_Amendment_001.html

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Rep. Elizabeth Hernandez

Filed: 3/23/2021

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AMENDMENT TO HOUSE BILL 3133
AMENDMENT NO. ______. Amend House Bill 3133 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Insurance Code is amended by
changing Section 155.29 as follows:
(215 ILCS 5/155.29) (from Ch. 73, par. 767.29)
Sec. 155.29. (a) Purpose. The purpose of this Section is
to regulate the use of aftermarket crash parts by requiring
disclosure when any use of an aftermarket non-original
equipment manufacturer's crash part is proposed and by
requiring that the manufacturers of such aftermarket crash
parts be identified.
(b) Definitions. As used in this Section the following
terms have the following meanings:
"Aftermarket crash part" means a replacement for any of
the nonmechanical sheet metal or plastic parts that generally

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constitute the exterior of a motor vehicle, including inner
and outer panels.
"Non-original equipment manufacturer (Non-OEM)
aftermarket crash part" means an aftermarket crash part not
made for or by the manufacturer of the motor vehicle.
"Repair facility" means any motor vehicle dealer, garage,
body shop, or other commercial entity that undertakes the
repair or replacement of those parts that generally constitute
the exterior of a motor vehicle.
"Installer" means an individual who actually does the work
of replacing or repairing parts of a motor vehicle.
(c) Identification. Any aftermarket crash part supplied by
a non-original equipment manufacturer for use in this State
after the effective date of this Act shall have affixed
thereto or inscribed thereon the logo or name of its
manufacturer. The manufacturer's logo or name shall be visible
after installation whenever practicable.
(d) Disclosure. No insurer shall specify the use of
non-OEM aftermarket crash parts in the repair of an insured's
motor vehicle, nor shall any repair facility or installer use
non-OEM aftermarket crash parts to repair a vehicle unless the
customer is advised of that fact in writing. In all instances
where an insurer intends that non-OEM aftermarket crash parts
be used in the repair of a motor vehicle, the insurer shall
provide the customer with the following information:
(1) a written estimate that clearly identifies each

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non-OEM aftermarket crash part; and
(2) a disclosure settlement incorporated into or
attached to the estimate that reads as follows: "This
estimate has been prepared based on the use of crash parts
supplied by a source other than the manufacturer of your
motor vehicle. Warranties applicable to these replacement
parts are provided by the manufacturer or distributor of
these parts rather than the manufacturer of your vehicle."
(e) Procedures. No insurer shall specify the use of repair
procedures that are not in compliance with original equipment
manufacturer directives for those parts in the repair of an
insured's motor vehicle, and no insurer shall specify the use
of advanced driver assistance system calibration tools that
are not approved by the original equipment manufacturer for
such parts and repairs. However, this subsection does not
require the use of original equipment manufacturer repair
parts if the repair parts used are at least equal in like kind
and quality and are disclosed pursuant to this Section of the
Illinois Insurance Code.
(Source: P.A. 86-1234; 86-1475.)".