SB3548 96TH GENERAL ASSEMBLY

LRB096 16141 DRJ 31391 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
SB3548

Introduced 2/10/2010, by Sen. Antonio Muñoz

SYNOPSIS AS INTRODUCED:

815 ILCS 380/2	from Ch. 121 1/2, par. 1202
815 ILCS 380/4.5 new

Amends the New Vehicle Buyer Protection Act. Changes the definition of "express warranty to provide that the term means (i) any written affirmation of fact or written promise made in connection with the sale of a new vehicle by a seller to a consumer that relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is defect-free or will meet a specified level of performance over a specified period of time or (ii) any undertaking in writing in connection with the sale by a seller of a new vehicle to refund, repair, replace, or take other remedial action with respect to the new vehicle in the event that the vehicle fails to meet the specifications set forth in the undertaking, if the written affirmation, promise, undertaking becomes part of the basis of the bargain between the seller and the consumer for purposes other than resale of the vehicle (instead of providing that the term has the same meaning as in the Uniform Commercial Code). Provides that if a consumer finally prevails in an action brought under the Act, the court may allow the consumer to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses (including attorney's fees based on actual time expended) determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action, unless the court in its discretion determines that such an award of attorney's fees would be inappropriate. Effective immediately.

A BILL FOR

AN ACT concerning business.

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

Section 5. The New Vehicle Buyer Protection Act is amended by changing Section 2 and by adding Section 4.5 as follows:

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

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

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

(b) "Express warranty" means:

(1) any written affirmation of fact or written promise made in connection with the sale of a new vehicle by a seller to a consumer that relates to the nature of the material or workmanship and affirms or promises that the material or workmanship is defect-free or will meet a specified level of performance over a specified period of time, if the written affirmation or promise becomes part of the basis of the bargain between the seller and the consumer for purposes other than resale of the vehicle; or

(2) any undertaking in writing in connection with the sale by a seller of a new vehicle to refund, repair, replace, or take other remedial action with respect to the new vehicle in the event that the vehicle fails to meet the specifications set forth in the undertaking, if the written undertaking becomes part of the basis of the bargain between the seller and the consumer for purposes other than resale of the vehicle. has the same meaning, for the purposes of this Act, as it has for the purposes of the Uniform Commercial Code.

(c) "New vehicle" means a passenger car, as defined in Section 1-157 of the Illinois Vehicle Code, a motor vehicle of the Second Division having a weight of under 8,000 pounds, as defined in Section 1-146 of that Code, a vehicle purchased by a fire department, a fire protection district, or a township fire department, and a recreational vehicle, except for a camping trailer or travel trailer that does not qualify under the definition of a used motor vehicle, as set forth in Section 1-216 of that Code.

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

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

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

(g) "Lease cost" includes deposits, fees, taxes, down payments, periodic payments, and any other amount paid to a seller by a consumer in connection with the lease of a new vehicle.

(Source: P.A. 95-802, eff. 1-1-09.)

(815 ILCS 380/4.5 new)

Sec. 4.5. Civil action; consumer's costs and expenses; attorney's fees. If a consumer finally prevails in an action brought under this Act, the court may allow the consumer to recover as part of the judgment a sum equal to the aggregate amount of costs and expenses determined by the court to have been reasonably incurred by the consumer for or in connection with the commencement and prosecution of the action. The sum may include an award of attorney's fees based on actual time expended, unless the court in its discretion determines that such an award of attorney's fees would be inappropriate.

Section 99. Effective date. This Act takes effect upon becoming law.