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1 | AN ACT concerning business.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The New Vehicle Buyer Protection Act is amended | |||||||||||||||||||||||||||||||
5 | by changing the title of the Act and Sections 2, 3, 4, 6, 7, and | |||||||||||||||||||||||||||||||
6 | 8 as follows:
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7 | (815 ILCS 380/Act title)
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8 | An Act regarding automobile and motorized wheelchair | |||||||||||||||||||||||||||||||
9 | warranties.
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10 | (815 ILCS 380/2) (from Ch. 121 1/2, par. 1202)
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11 | Sec. 2. Definitions. For the purposes of this Act, the | |||||||||||||||||||||||||||||||
12 | following words
have the meanings ascribed to them in this | |||||||||||||||||||||||||||||||
13 | Section.
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14 | (a) "Consumer" means (i) an individual who purchases or | |||||||||||||||||||||||||||||||
15 | leases for a period of
at least one year a new vehicle from the
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16 | seller for the purposes of transporting himself and others, as | |||||||||||||||||||||||||||||||
17 | well as their
personal property, for primarily personal, | |||||||||||||||||||||||||||||||
18 | household or family purposes or a fire department, fire | |||||||||||||||||||||||||||||||
19 | protection district, or township fire department that | |||||||||||||||||||||||||||||||
20 | purchases or leases for a period of at least one year a new | |||||||||||||||||||||||||||||||
21 | vehicle from the seller , or (ii) an individual who purchases or | |||||||||||||||||||||||||||||||
22 | leases for a period of at least one year a new motorized |
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1 | wheelchair .
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2 | (b) "Express warranty" has the same meaning, for the | ||||||
3 | purposes of this
Act, as it has for the purposes of the Uniform | ||||||
4 | Commercial Code.
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5 | (c) "New vehicle" means a passenger car, as defined in | ||||||
6 | Section 1-157 of the
Illinois Vehicle Code, a motor vehicle of | ||||||
7 | the Second Division having
a weight of under 8,000 pounds, as | ||||||
8 | defined in Section 1-146 of that Code,
a vehicle purchased by a | ||||||
9 | fire department, a fire protection district, or a township fire | ||||||
10 | department, and a recreational vehicle, except for a camping | ||||||
11 | trailer or travel trailer that
does not qualify under the | ||||||
12 | definition of a used motor vehicle, as set forth in
Section | ||||||
13 | 1-216 of that Code.
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14 | (c-5) "New motorized wheelchair" means a motorized | ||||||
15 | wheelchair, as defined in Section 1-148.3 of the Illinois | ||||||
16 | Vehicle Code, except for a motorized wheelchair that has been | ||||||
17 | sold, bargained, exchanged, given
away, or title transferred | ||||||
18 | from the person who first acquired it from the
manufacturer or | ||||||
19 | importer, dealer, or agent of the manufacturer or importer
and | ||||||
20 | so used as to have become what is commonly known as "second | ||||||
21 | hand"
within the ordinary meaning of that term. | ||||||
22 | (d) "Nonconformity" refers to a new vehicle's or new | ||||||
23 | motorized wheelchair's failure to conform
to all express | ||||||
24 | warranties applicable to such vehicle or wheelchair , which | ||||||
25 | failure
substantially impairs the use, market value or safety | ||||||
26 | of that vehicle or wheelchair .
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1 | (e) "Seller" means the manufacturer of a new vehicle or new | ||||||
2 | motorized wheelchair , that manufacturer's
agent or distributor | ||||||
3 | or that manufacturer's authorized dealer.
"Seller" also means, | ||||||
4 | with respect to a new vehicle which is also a modified
vehicle, | ||||||
5 | as defined in Section 1-144.1 of the Illinois Vehicle Code, as | ||||||
6 | now
or hereafter amended, the person who modified the vehicle | ||||||
7 | and that person's
agent or distributor or that person's | ||||||
8 | authorized dealer.
"Seller" also means, with respect to leased | ||||||
9 | new vehicles or leased new motorized wheelchairs , the | ||||||
10 | manufacturer,
that manufacturer's agent or distributor or that | ||||||
11 | manufacturer's dealer, who
transfers the right to possession | ||||||
12 | and use of goods under a lease.
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13 | (f) "Statutory warranty period" means (i) the period of one | ||||||
14 | year or 12,000
miles, whichever occurs first after the date of | ||||||
15 | the delivery of a new vehicle to the consumer who purchased or | ||||||
16 | leased it or (ii) the period of the lease or 12,000 miles, | ||||||
17 | whichever occurs first after the date of delivery of a new | ||||||
18 | motorized wheelchair to the consumer who leased or purchased | ||||||
19 | it .
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20 | (g) "Lease cost" includes deposits, fees, taxes, down | ||||||
21 | payments, periodic
payments, and any other amount paid to a | ||||||
22 | seller by a consumer in connection
with the lease of a new | ||||||
23 | vehicle or new motorized wheelchair .
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24 | (Source: P.A. 95-802, eff. 1-1-09.)
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25 | (815 ILCS 380/3) (from Ch. 121 1/2, par. 1203)
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1 | Sec. 3. Failure of vehicle or wheelchair to conform; | ||||||
2 | remedies; presumptions.
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3 | (a) If after a reasonable number of attempts the seller is | ||||||
4 | unable to conform
the new vehicle or new motorized wheelchair | ||||||
5 | to any of its applicable express warranties, the manufacturer
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6 | shall either provide the consumer with a new vehicle or new | ||||||
7 | motorized wheelchair of like model line, if
available, or | ||||||
8 | otherwise a comparable motor vehicle or wheelchair as a | ||||||
9 | replacement, or accept
the return of the vehicle or wheelchair | ||||||
10 | from the consumer and refund to the consumer the full
purchase | ||||||
11 | price or lease cost of the new vehicle or new motorized | ||||||
12 | wheelchair , including all collateral
charges, less a | ||||||
13 | reasonable allowance for consumer use of the vehicle or | ||||||
14 | wheelchair . For
purposes of this Section, "collateral charges" | ||||||
15 | does not include taxes paid by
the purchaser on the initial | ||||||
16 | purchase of the new vehicle or new motorized wheelchair . The | ||||||
17 | retailer who
initially sold the vehicle or wheelchair may file | ||||||
18 | a claim for credit for taxes paid pursuant
to the terms of | ||||||
19 | Sections 6, 6a, 6b, and 6c of the Retailers' Occupation Tax
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20 | Act. Should the vehicle or wheelchair be converted, modified or | ||||||
21 | altered in a way other than
the manufacturer's original design, | ||||||
22 | the party which performed the conversion or
modification shall | ||||||
23 | be liable under the provisions of this Act, provided the
part | ||||||
24 | or parts causing the vehicle or wheelchair not to perform | ||||||
25 | according to its warranty were
altered or modified.
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26 | (b) A presumption that a reasonable number of attempts have |
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1 | been undertaken
to conform a new vehicle or new motorized | ||||||
2 | wheelchair to its express warranties shall arise where, within
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3 | the statutory warranty period,
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4 | (1) the same nonconformity has been subject to repair | ||||||
5 | by the seller, its
agents or authorized dealers during the | ||||||
6 | statutory warranty period,
4 or more times, and such | ||||||
7 | nonconformity continues to exist; or
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8 | (2) the vehicle or wheelchair has been out of service | ||||||
9 | by reason of repair of
nonconformities for a total of 30 or | ||||||
10 | more business days during the
statutory warranty period.
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11 | (c) A reasonable allowance for consumer use of a vehicle or | ||||||
12 | wheelchair is that amount
directly attributable to the wear and | ||||||
13 | tear incurred by the new vehicle or new motorized wheelchair as | ||||||
14 | a
result of its having been used prior to the first report of a | ||||||
15 | nonconformity
to the seller, and during any subsequent period | ||||||
16 | in which it is not out of
service by reason of repair.
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17 | (d) The fact that a new vehicle's or new motorized | ||||||
18 | wheelchair's failure to conform to an express warranty
is the | ||||||
19 | result of abuse, neglect or unauthorized modifications or | ||||||
20 | alterations
is an affirmative defense to claims brought under | ||||||
21 | this Act.
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22 | (e) The statutory warranty period of a new vehicle or new | ||||||
23 | motorized wheelchair shall be suspended for
any period of time | ||||||
24 | during which repair services are not available to the
consumer | ||||||
25 | because of a war, invasion or strike, or a fire, flood or other
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26 | natural disaster.
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1 | (f) Refunds made pursuant to this Act shall be made to the | ||||||
2 | consumer, and
to the administrator of the medical assistance | ||||||
3 | program under Article V of the Illinois Public Aid Code, the | ||||||
4 | administrator of the federal Medicare program, a private | ||||||
5 | insurer, or other lien holder if any exists, as their | ||||||
6 | respective interests appear.
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7 | (g) For the purposes of this Act, a manufacturer sells a | ||||||
8 | new vehicle or new motorized wheelchair to a
consumer when he | ||||||
9 | provides that consumer with a replacement vehicle or wheelchair | ||||||
10 | pursuant
to subsection (a).
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11 | (h) In no event shall the presumption herein provided apply | ||||||
12 | against a
manufacturer, his agent, distributor or dealer unless | ||||||
13 | the manufacturer has
received prior direct written | ||||||
14 | notification from or on behalf of the consumer,
and has an | ||||||
15 | opportunity to correct the alleged defect.
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16 | (Source: P.A. 89-359, eff. 8-17-95; 89-375, eff. 8-18-95; | ||||||
17 | 89-626, eff.
8-9-96.)
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18 | (815 ILCS 380/4) (from Ch. 121 1/2, par. 1204)
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19 | Sec. 4.
(a) The provisions of subsection (a) of Section 3 | ||||||
20 | shall not
apply unless the consumer has first resorted to an | ||||||
21 | informal settlement
procedure applicable to disputes to which | ||||||
22 | that subsection would apply where
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23 | (1) The manufacturer of the new vehicle or new motorized | ||||||
24 | wheelchair has established such a procedure;
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25 | (2) The procedure conforms:
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1 | (i) substantially with the provisions of Title 16, Code of | ||||||
2 | Federal
Regulation, Part 703, as from time to time amended, and
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3 | (ii) to the requirements of subsection (c); and
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4 | (3) The consumer has received from the seller adequate | ||||||
5 | written notice of
the existence of the procedure.
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6 | Adequate written notice includes but is not limited to the | ||||||
7 | incorporation
of the informal dispute settlement procedure | ||||||
8 | into the terms of the written
warranty to which the vehicle or | ||||||
9 | wheelchair does not conform.
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10 | (b) If the consumer is dissatisfied with the decision | ||||||
11 | reached in an informal
dispute settlement procedure or the | ||||||
12 | results of such a decision, he may bring
a civil action to | ||||||
13 | enforce his rights under subsection (a) of Section 3.
The | ||||||
14 | decision reached in the informal dispute settlement procedure | ||||||
15 | is admissible
in such a civil action. The period of limitations | ||||||
16 | for a civil action to
enforce a consumer's rights or remedies | ||||||
17 | under subsection (a) of Section
3 shall be extended for a | ||||||
18 | period equal to the number of days the subject
matter of the | ||||||
19 | civil action was pending in the informal dispute settlement | ||||||
20 | procedure.
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21 | (c) A disclosure of the decision in an informal dispute | ||||||
22 | settlement procedure
shall include notice to the consumer of | ||||||
23 | the provisions of subsection (b).
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24 | (Source: P.A. 85-1350.)
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25 | (815 ILCS 380/6) (from Ch. 121 1/2, par. 1206)
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1 | Sec. 6.
Any action brought under this Act shall be | ||||||
2 | commenced within
eighteen months following the date of original | ||||||
3 | delivery of the motor vehicle
or wheelchair to the consumer.
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4 | (Source: P.A. 83-768.)
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5 | (815 ILCS 380/7) (from Ch. 121 1/2, par. 1207)
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6 | Sec. 7.
The seller who sells a new vehicle or new motorized | ||||||
7 | wheelchair to a consumer, shall, upon
delivery of that vehicle | ||||||
8 | or wheelchair to the consumer, provide the consumer with a
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9 | written statement clearly and conspicuously setting forth in | ||||||
10 | full detail
the consumer's rights under subsection (a) of | ||||||
11 | Section 3, and the
presumptions created by subsection (b) of | ||||||
12 | that Section.
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13 | (Source: P.A. 85-1350.)
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14 | (815 ILCS 380/8) (from Ch. 121 1/2, par. 1208)
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15 | Sec. 8.
This Act shall apply to motor vehicles beginning | ||||||
16 | with the model
year following the effective date of this Act , | ||||||
17 | and to motorized wheelchairs with the model year 2012 and | ||||||
18 | thereafter .
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19 | (Source: P.A. 83-768.)
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20 | Section 99. Effective date. This Act takes effect upon | ||||||
21 | becoming law.
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