95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2422


 
Introduced 2/15/2008, by Sen. Ira I. Silverstein
 
SYNOPSIS AS INTRODUCED:
 		














815 ILCS 380/2
  from Ch. 121 1/2, par. 1202







    Amends the New Vehicle Buyer Protection Act.  Includes vehicles purchased by a fire department, fire protection district, or township fire department in the definition of "vehicle" and includes a fire department, fire protection district, or township fire department in the definition of "consumer".
















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A BILL FOR









 











SB2422

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    AN ACT concerning business.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The New Vehicle Buyer Protection Act is amended  
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by changing Section 2 as follows:
 



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    (815 ILCS 380/2)  (from Ch. 121 1/2, par. 1202)



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    Sec. 2. Definitions. For the purposes of this Act, the 
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following words
have the meanings ascribed to them in this 
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Section.

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    (a) "Consumer" means an individual who purchases or leases 
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for a period of
at least one year a new vehicle from the
seller 
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for the purposes of transporting himself and others, as well as 
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their
personal property, for primarily personal, household or 
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family purposes or a fire department, fire protection district, 
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or township fire department that purchases or leases for a 
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period of at least one year a new vehicle from the seller.

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    (b) "Express warranty" has the same meaning, for the 
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purposes of this
Act, as it has for the purposes of the Uniform 
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Commercial Code.

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    (c) "New vehicle" means a passenger car, as defined in 
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Section 1-157 of The
Illinois Vehicle Code, a motor vehicle of 
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the Second Division having
a weight of under 8,000 pounds, as 
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defined in Section 1-146 of that Code,
a vehicle purchased by a 
 


 






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fire department, a fire protection district, or a township fire 
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department, and a recreational vehicle, except for a camping 
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trailer or travel trailer that
does not qualify under the 
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definition of a used motor vehicle, as set forth in
Section 
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1-216 of that Code.

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    (d) "Nonconformity" refers to a new vehicle's failure to 
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conform
to all express warranties applicable to such vehicle, 
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which failure
substantially impairs the use, market value or 
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safety of that vehicle.

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    (e) "Seller" means the manufacturer of a new vehicle, that 
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manufacturer's
agent or distributor or that manufacturer's 
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authorized dealer.
"Seller" also means, with respect to a new 
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vehicle which is also a modified
vehicle, as defined in Section 
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1-144.1 of The Illinois Vehicle Code, as now
or hereafter 
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amended, the person who modified the vehicle and that person's

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agent or distributor or that person's authorized dealer.

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"Seller" also means, with respect to leased new vehicles, the 
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manufacturer,
that manufacturer's agent or distributor or that 
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manufacturer's dealer, who
transfers the right to possession 
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and use of goods under a lease.

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    (f) "Statutory warranty period" means the period of one 
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year or 12,000
miles, whichever occurs first after the date of 
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the delivery of a new vehicle
to the consumer who purchased or 
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leased it.

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    (g) "Lease cost" includes deposits, fees, taxes, down 
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payments, periodic
payments, and any other amount paid to a 
 


 






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seller by a consumer in connection
with the lease of a new 
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vehicle.

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(Source: P.A. 89-375, eff. 8-18-95.)