Illinois 2023-2024 Regular Session

Illinois House Bill HB1527 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	HB1527 EngrossedLRB103 26005 HEP 52359 b HB1527 Engrossed LRB103 26005 HEP 52359 b
2		-	HB1527 Engrossed LRB103 26005 HEP 52359 b
	1	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1527 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 625 ILCS 5/1-115.08 new625 ILCS 5/12-614 new625 ILCS 5/12-615 new 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z Amends the Illinois Vehicle Code. Defines "disablement technology" as any instrument, device, machine, or equipment, whether software or hardware, that can be used to disable the starter of a motor vehicle, prevent fuel from flowing to the engine, prevent electricity from flowing to the engine, or otherwise prevent the vehicle from being started or driven by a person. Provides that disablement technology shall not be used as an aid to the physical retrieval of a vehicle as part of repossession or as a consequence for nonpayment under a retail installment contract or other instrument. Provides that a violation is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer whose vehicle is subject to the activation of disablement technology may bring an action against an activating person or entity for damages of $1,000 per month per violation plus actual damages and attorney's fees. Provides that disablement technology may be offered for sale or sold only for antitheft purposes, either on its own or for an additional fee in connection with the purchase of a motor vehicle. Requires a motor vehicle dealer that sells a motor vehicle containing disablement technology to comply with specified requirements. Provides that data generated or stored by disablement technology as the result of a consumer's vehicle usage is the personal property of the consumer, and the consumer is entitled to all profits and other benefits flowing from the sharing or sale of the data. Provides that data generated or stored by disablement technology that is installed in a consumer's vehicle, and data transmitted by or through the disablement technology that relates to the consumer or the consumer's use of a motor vehicle, may not be sold or otherwise shared with any third parties except as required by federal, State, or local law, or required by court order. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. LRB103 26005 HEP 52359 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1527 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED: 625 ILCS 5/1-115.08 new625 ILCS 5/12-614 new625 ILCS 5/12-615 new 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z 625 ILCS 5/1-115.08 new 625 ILCS 5/12-614 new 625 ILCS 5/12-615 new 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z Amends the Illinois Vehicle Code. Defines "disablement technology" as any instrument, device, machine, or equipment, whether software or hardware, that can be used to disable the starter of a motor vehicle, prevent fuel from flowing to the engine, prevent electricity from flowing to the engine, or otherwise prevent the vehicle from being started or driven by a person. Provides that disablement technology shall not be used as an aid to the physical retrieval of a vehicle as part of repossession or as a consequence for nonpayment under a retail installment contract or other instrument. Provides that a violation is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer whose vehicle is subject to the activation of disablement technology may bring an action against an activating person or entity for damages of $1,000 per month per violation plus actual damages and attorney's fees. Provides that disablement technology may be offered for sale or sold only for antitheft purposes, either on its own or for an additional fee in connection with the purchase of a motor vehicle. Requires a motor vehicle dealer that sells a motor vehicle containing disablement technology to comply with specified requirements. Provides that data generated or stored by disablement technology as the result of a consumer's vehicle usage is the personal property of the consumer, and the consumer is entitled to all profits and other benefits flowing from the sharing or sale of the data. Provides that data generated or stored by disablement technology that is installed in a consumer's vehicle, and data transmitted by or through the disablement technology that relates to the consumer or the consumer's use of a motor vehicle, may not be sold or otherwise shared with any third parties except as required by federal, State, or local law, or required by court order. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act. LRB103 26005 HEP 52359 b LRB103 26005 HEP 52359 b A BILL FOR
	2	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1527 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
	3	+	625 ILCS 5/1-115.08 new625 ILCS 5/12-614 new625 ILCS 5/12-615 new 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z 625 ILCS 5/1-115.08 new 625 ILCS 5/12-614 new 625 ILCS 5/12-615 new 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
	4	+	625 ILCS 5/1-115.08 new
	5	+	625 ILCS 5/12-614 new
	6	+	625 ILCS 5/12-615 new
	7	+	815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
	8	+	Amends the Illinois Vehicle Code. Defines "disablement technology" as any instrument, device, machine, or equipment, whether software or hardware, that can be used to disable the starter of a motor vehicle, prevent fuel from flowing to the engine, prevent electricity from flowing to the engine, or otherwise prevent the vehicle from being started or driven by a person. Provides that disablement technology shall not be used as an aid to the physical retrieval of a vehicle as part of repossession or as a consequence for nonpayment under a retail installment contract or other instrument. Provides that a violation is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer whose vehicle is subject to the activation of disablement technology may bring an action against an activating person or entity for damages of $1,000 per month per violation plus actual damages and attorney's fees. Provides that disablement technology may be offered for sale or sold only for antitheft purposes, either on its own or for an additional fee in connection with the purchase of a motor vehicle. Requires a motor vehicle dealer that sells a motor vehicle containing disablement technology to comply with specified requirements. Provides that data generated or stored by disablement technology as the result of a consumer's vehicle usage is the personal property of the consumer, and the consumer is entitled to all profits and other benefits flowing from the sharing or sale of the data. Provides that data generated or stored by disablement technology that is installed in a consumer's vehicle, and data transmitted by or through the disablement technology that relates to the consumer or the consumer's use of a motor vehicle, may not be sold or otherwise shared with any third parties except as required by federal, State, or local law, or required by court order. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.
	9	+	LRB103 26005 HEP 52359 b LRB103 26005 HEP 52359 b
	10	+	LRB103 26005 HEP 52359 b
	11	+	A BILL FOR
	12	+	HB1527LRB103 26005 HEP 52359 b HB1527 LRB103 26005 HEP 52359 b
	13	+	HB1527 LRB103 26005 HEP 52359 b
3	14		1 AN ACT concerning transportation.
4	15		2 Be it enacted by the People of the State of Illinois,
5	16		3 represented in the General Assembly:
6	17		4 Section 5. The Illinois Vehicle Code is amended by adding
7	18		5 Sections 1-115.08, 12-614, and 12-615 as follows:
8	19		6 (625 ILCS 5/1-115.08 new)
9	20		7 Sec. 1-115.08. Disablement technology. Any instrument,
10	21		8 device, machine, or equipment, whether software or hardware,
11	22		9 that can be used to disable the starter of a motor vehicle,
12	23		10 prevent fuel from flowing to the engine, prevent electricity
13	24		11 from flowing to the engine, or otherwise prevent the vehicle
14	25		12 from being started or driven by a person.
15	26		13 (625 ILCS 5/12-614 new)
16	27		14 Sec. 12-614. Disablement technology, prohibited uses.
17	28		15 (a) Disablement technology shall not be used as an aid to
18	29		16 the physical retrieval of a vehicle as part of repossession or
19	30		17 as a consequence for nonpayment under a retail installment
20	31		18 contract or other instrument.
21	32		19 (b) A motor vehicle dealer or retail seller as defined by
22	33		20 the Motor Vehicle Retail Installment Sales Act, or an
23	34		21 individual or entity that offers loans to finance the purchase
24	35		22 of motor vehicles, or an assignee or successor in interest,
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28		-	HB1527 Engrossed LRB103 26005 HEP 52359 b
	39	+	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB1527 Introduced , by Rep. Frances Ann Hurley SYNOPSIS AS INTRODUCED:
	40	+	625 ILCS 5/1-115.08 new625 ILCS 5/12-614 new625 ILCS 5/12-615 new 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z 625 ILCS 5/1-115.08 new 625 ILCS 5/12-614 new 625 ILCS 5/12-615 new 815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
	41	+	625 ILCS 5/1-115.08 new
	42	+	625 ILCS 5/12-614 new
	43	+	625 ILCS 5/12-615 new
	44	+	815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
	45	+	Amends the Illinois Vehicle Code. Defines "disablement technology" as any instrument, device, machine, or equipment, whether software or hardware, that can be used to disable the starter of a motor vehicle, prevent fuel from flowing to the engine, prevent electricity from flowing to the engine, or otherwise prevent the vehicle from being started or driven by a person. Provides that disablement technology shall not be used as an aid to the physical retrieval of a vehicle as part of repossession or as a consequence for nonpayment under a retail installment contract or other instrument. Provides that a violation is an unlawful practice within the meaning of the Consumer Fraud and Deceptive Business Practices Act. Provides that a consumer whose vehicle is subject to the activation of disablement technology may bring an action against an activating person or entity for damages of $1,000 per month per violation plus actual damages and attorney's fees. Provides that disablement technology may be offered for sale or sold only for antitheft purposes, either on its own or for an additional fee in connection with the purchase of a motor vehicle. Requires a motor vehicle dealer that sells a motor vehicle containing disablement technology to comply with specified requirements. Provides that data generated or stored by disablement technology as the result of a consumer's vehicle usage is the personal property of the consumer, and the consumer is entitled to all profits and other benefits flowing from the sharing or sale of the data. Provides that data generated or stored by disablement technology that is installed in a consumer's vehicle, and data transmitted by or through the disablement technology that relates to the consumer or the consumer's use of a motor vehicle, may not be sold or otherwise shared with any third parties except as required by federal, State, or local law, or required by court order. Makes a corresponding change in the Consumer Fraud and Deceptive Business Practices Act.
	46	+	LRB103 26005 HEP 52359 b LRB103 26005 HEP 52359 b
	47	+	LRB103 26005 HEP 52359 b
	48	+	A BILL FOR
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	54	+	625 ILCS 5/1-115.08 new
	55	+	625 ILCS 5/12-614 new
	56	+	625 ILCS 5/12-615 new
	57	+	815 ILCS 505/2Z from Ch. 121 1/2, par. 262Z
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33	76		1 shall not:
34	77		2 (1) Condition the sale or any term of sale of a motor
35	78		3 vehicle on a consumer's agreement to allow the dealer or
36	79		4 seller to install or use disablement technology, or impose
37	80		5 the installation or use of disablement technology as a
38	81		6 consequence for nonpayment of a retail installment
39	82		7 contract or other instrument.
40	83		8 (2) Install or use disablement technology in a motor
41	84		9 vehicle except as provided in Section 12-615.
42	85		10 (c) The installation or use of disablement technology in
43	86		11 violation of this Section is an unlawful practice within the
44	87		12 meaning of the Consumer Fraud and Deceptive Business Practices
45	88		13 Act.
46	89		14 (d) Unless otherwise authorized by this Code, the
47	90		15 activation of disablement technology in a motor vehicle for
48	91		16 any length of time by any motor vehicle dealer or holder of a
49	92		17 retail installment contract or other similar instrument is
50	93		18 prohibited. Any consumer whose vehicle is subject to the
51	94		19 activation of disablement technology may bring an action
52	95		20 against an activating person or entity for damages of $1,000
53	96		21 per month per violation plus actual damages and attorney's
54	97		22 fees. In addition, such activation constitutes a form of
55	98		23 repossession of the motor vehicle under Section 9-601 of the
56	99		24 Uniform Commercial Code, and all rights, requirements,
57	100		25 protections, and remedies provided under the Uniform
58	101		26 Commercial Code for the repossession of collateral apply.
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	110	+	HB1527- 3 -LRB103 26005 HEP 52359 b HB1527 - 3 - LRB103 26005 HEP 52359 b
	111	+	HB1527 - 3 - LRB103 26005 HEP 52359 b
69	112		1 (625 ILCS 5/12-615 new)
70	113		2 Sec. 12-615. Disablement technology, antitheft.
71	114		3 (a) Disablement technology may be offered for sale or sold
72	115		4 only for antitheft purposes, either on its own or for an
73	116		5 additional fee in connection with the purchase of a motor
74	117		6 vehicle. Any motor vehicle dealer that sells a motor vehicle
75	118		7 containing disablement technology shall:
76	119		8 (1) identify through a clear and conspicuous written
77	120		9 and oral disclosure provided separately to the consumer in
78	121		10 advance of any sale or execution of any loan agreement for
79	122		11 a motor vehicle:
80	123		12 (i) the existence of the disablement technology in
81	124		13 the motor vehicle, or the intent to install it, or have
82	125		14 it installed by a third party;
83	126		15 (ii) the brand name and model of the disablement
84	127		16 technology installed or to be installed in the
85	128		17 vehicle;
86	129		18 (iii) a statement that the disablement technology
87	130		19 will not be used or activated by the motor vehicle
88	131		20 dealer, lender, or any other party as part of a
89	132		21 repossession or as a consequence for nonpayment of a
90	133		22 retail installment contract or similar agreement; and
91	134		23 (iv) the type or types of data related to the
92	135		24 consumer or the consumer's use of the motor vehicle
93	136		25 generated, stored by, or transmitted through the
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	142	+	HB1527 - 3 - LRB103 26005 HEP 52359 b
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	146	+	HB1527 - 4 - LRB103 26005 HEP 52359 b
104	147		1 disablement technology;
105	148		2 (2) provide clear and conspicuous written instructions
106	149		3 to the consumer about the operation of the disablement
107	150		4 technology, including how to activate and deactivate the
108	151		5 technology, as well as any global positioning system or
109	152		6 other tracking features the particular type of disablement
110	153		7 technology may support;
111	154		8 (3) take reasonable steps to ensure, prior to sale,
112	155		9 that the consumer has sufficient technological means of
113	156		10 operating the disablement technology, such as routine
114	157		11 access to a computer with Internet access, if necessary;
115	158		12 and
116	159		13 (4) take no steps that would prevent or limit a
117	160		14 consumer's ability to operate the disablement technology,
118	161		15 including any global positioning system or other tracking
119	162		16 features.
120	163		17 (b) The consumer must provide express, written consent
121	164		18 before the installation, activation, or use of the disablement
122	165		19 technology.
123	166		20 (c) A motor vehicle dealer shall not rescind an offer to
124	167		21 sell a vehicle to a consumer solely because the consumer
125	168		22 refuses to purchase disablement technology or otherwise allow
126	169		23 disablement technology to be installed on the vehicle.
127	170		24 (d) Any motor vehicle dealer that sells a motor vehicle
128	171		25 with disablement technology shall provide customer support via
129	172		26 telephone and email for the disablement technology. At least
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	182	+	HB1527 - 5 - LRB103 26005 HEP 52359 b
140	183		1 one staff person must be available during the dealer's regular
141	184		2 business hours to answer questions and troubleshoot the
142	185		3 operation of the technology with the consumer.
143	186		4 (e) Data generated or stored by disablement technology as
144	187		5 the result of a consumer's vehicle usage is the personal
145	188		6 property of the consumer, and the consumer is entitled to all
146	189		7 profits and other benefits flowing from the sharing or sale of
147	190		8 this data.
148	191		9 (f) Data generated or stored by disablement technology
149	192		10 that is installed in a consumer's vehicle, and data
150	193		11 transmitted by or through the disablement technology that
151	194		12 relates to the consumer or the consumer's use of a motor
152	195		13 vehicle, may not be sold or otherwise shared with any third
153	196		14 parties except as required by federal, State, or local law, or
154	197		15 required by court order. An entity required to make a
155	198		16 disclosure to a third party under federal, State, or local
156	199		17 law, or by court order, shall make a reasonable effort to
157	200		18 provide the consumer with timely, written notice of the
158	201		19 required disclosure prior to making such a third-party
159	202		20 disclosure.
160	203		21 Section 10. The Consumer Fraud and Deceptive Business
161	204		22 Practices Act is amended by changing Section 2Z as follows:
162	205		23 (815 ILCS 505/2Z) (from Ch. 121 1/2, par. 262Z)
163	206		24 Sec. 2Z. Violations of other Acts. Any person who
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174	217		1 knowingly violates the Automotive Repair Act, the Automotive
175	218		2 Collision Repair Act, the Home Repair and Remodeling Act, the
176	219		3 Dance Studio Act, the Physical Fitness Services Act, the
177	220		4 Hearing Instrument Consumer Protection Act, the Illinois Union
178	221		5 Label Act, the Installment Sales Contract Act, the Job
179	222		6 Referral and Job Listing Services Consumer Protection Act, the
180	223		7 Travel Promotion Consumer Protection Act, the Credit Services
181	224		8 Organizations Act, the Automatic Telephone Dialers Act, the
182	225		9 Pay-Per-Call Services Consumer Protection Act, the Telephone
183	226		10 Solicitations Act, the Illinois Funeral or Burial Funds Act,
184	227		11 the Cemetery Oversight Act, the Cemetery Care Act, the Safe
185	228		12 and Hygienic Bed Act, the Illinois Pre-Need Cemetery Sales
186	229		13 Act, the High Risk Home Loan Act, the Payday Loan Reform Act,
187	230		14 the Predatory Loan Prevention Act, the Mortgage Rescue Fraud
188	231		15 Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax
189	232		16 Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use
190	233		17 Tax Act, the Electronic Mail Act, the Internet Caller
191	234		18 Identification Act, paragraph (6) of subsection (k) of Section
192	235		19 6-305 of the Illinois Vehicle Code, Section 11-1431, 12-614,
193	236		20 18d-115, 18d-120, 18d-125, 18d-135, 18d-150, or 18d-153 of the
194	237		21 Illinois Vehicle Code, Article 3 of the Residential Real
195	238		22 Property Disclosure Act, the Automatic Contract Renewal Act,
196	239		23 the Reverse Mortgage Act, Section 25 of the Youth Mental
197	240		24 Health Protection Act, the Personal Information Protection
198	241		25 Act, or the Student Online Personal Protection Act commits an
199	242		26 unlawful practice within the meaning of this Act.
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210	253		1 (Source: P.A. 100-315, eff. 8-24-17; 100-416, eff. 1-1-18;
211	254		2 100-863, eff. 8-14-18; 101-658, eff. 3-23-21.)
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