Junk Fee Ban Act Update - IADA Works to Preserve Your Doc Fee

HB 4629, the “Junk Fee Ban Act,” has recently passed the House and moves to the Senate for their consideration. This legislation mandates that all costs must be included in the advertised prices of consumer goods, including motor vehicles, to promote greater transparency. Despite the bill's well-meaning intentions, IADA holds concerns that it fails to consider the unique complexities of automotive sales, which are already governed by strict transparency regulations.

One significant issue for dealers is the bill's potential impact on their ability to charge a Documentary Service Fee (DOC fee), which is currently allowed under existing laws to offset compliance costs with state and federal regulations. 

During the floor debate, the bill's House sponsor, Rep. Morgan (D-Northbrook), clarified that it was not his intention to include motor vehicle advertising under the bill's purview. However, IADA continues to oppose the bill and is actively working to amend it to clearly exempt motor vehicle sales and protect DOC fees. IADA strives to maintain the existing transparency frameworks, arguing that current regulations are adequate without further legislation.

Sponsored in the Senate by Sen. Aquino, the bill still faces significant opposition from various groups. The IADA anticipates strong opposition to the bill in the Senate and is engaging with legislators to either secure an exemption for motor vehicle sales or to thwart the bill's progression entirely. Updates on IADA’s ongoing efforts to influence this legislation will be provided as developments occur.

 

Bill To Curb Catalytic Converter Theft Passes The House Chamber

HB 4589, introduced by Rep. Jay Hoffman, aimed at curbing the rampant theft of catalytic converters, has passed the House unanimously. This critical legislation requires buyers and sellers of detached catalytic converters to maintain meticulous records, including the Vehicle Identification Number (VIN) from which the part was removed. It mandates sellers provide a copy of the certificate of title or registration proving ownership of the vehicle.

A significant provision of HB 4589 is the classification of the catalytic converter as an "essential part" within the Illinois Vehicle Code. This classification necessitates including vehicle identification and part numbers in catalytic converter transactions. Furthermore, the bill seeks to ensure the continued enforcement of the Illinois Vehicle Hijacking and Motor Vehicle Theft Prevention and Insurance Verification Act by eliminating the clause that would terminate the Act in January 2025.

The Illinois Automobile Dealers Association (IADA) supports the passage of HB 4589, recognizing it as a strong measure that addresses a specific crime issue and supports broader efforts to enhance vehicle and consumer safety. As this bill progresses through the legislative process, IADA will continue to monitor its development and keep our members informed of updates.

Reminder: Dealership Unclaimed Property Reports Due May 1

The Revised Uniform Unclaimed Property Act requires an annual report to be filed with the Treasurer’s Office by May 1st of each year. Starting last year, the Treasurer’s Office has been looking at dealers for compliance with the Act.

Per statute, property held is considered “unclaimed” three years after it has remained in possession of the “holder”, or dealer. A report is to be filed annually for property that has been deemed to be “unclaimed” per statute. For example, the 2023 filing will include all property that became unclaimed in 2019.

The Treasurer’s Office is most interested in unclaimed property consisting of items such as: uncashed payroll checks, unreturned deposits or refunds due to customers, uncashed accounts payable checks to vendors, and the like. 

Additional information about unclaimed property reporting is provided in this link. 

If you have any questions, please reach out to Alina Archibald at the Treasurer’s Office at aarchibald@illinoistreasurer.gov or 217-524-0649. 

White Collar Employee Overtime Changes July 1st and again on January 1st

Overtime Exemption Scaled Back for "White Collar" Employees

The U.S Department of Labor has adopted revised regulation that will reduce the number of employees who will be able to qualify for the "white collar" overtime exemption. The new rules are scheduled to take effect in 2 stages, first on July 1, 2024, and again on January 1, 2025. 

Currently, certain executive, administrative, professional, and computer "white collar" employees (EAP employees), including managers and assistant managers, office managers, human resources professionals, controllers, accountants, attorneys, and computer specialists, who earn more than $684 per week ($35,568 per year) are not entitled to overtime compensation for work in excess of 40 hours per week.  Beginning July 1st under the new rule, EAP employees will not be exempt from overtime compensation unless they earn at least $844 per week ($43,888 per year). Beginning January 1st, those salary figures will increase to $1,128 per week ($58,656 per year).  Read more.

Additional information is available on NADA’s website at: Compliance Alert: DOL Issues New Rules Defining Overtime Exemptions. | NADA.  If you have any questions about the proposed overtime rules, please feel free to contact IADA at 217-753-0220.