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92_HB4935
LRB9214969DHmgA
1 AN ACT in relation to vehicles.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Illinois Vehicle Code is amended by adding
5 Section 13B-17 as follows:
6 (625 ILCS 5/13B-17 new)
7 Sec. 13B-17. Used vehicle dealers; responsibilities;
8 reimbursement; liability.
9 (a) A person licensed or required to be licensed under
10 Section 5-102 of this Code and selling used vehicles in an
11 affected area must ensure that a used vehicle he or she sells
12 that is not exempt from inspection under subsection (f) or
13 (g) of Section 13B-15 meets the emission standards
14 established under this Chapter.
15 (b) A used vehicle dealer has complied with subsection
16 (a) if, not more than 120 days before the date of sale, the
17 vehicle has been subjected to an inspection under Section
18 13B-15 and (i) has passed the inspection and received a
19 currently valid inspection certificate or (ii) has failed the
20 inspection but has been granted a waiver of the exhaust gas
21 pollutant standards under Section 13B-30.
22 (c) If person buys a used vehicle from a dealer subject
23 to this Section, and the vehicle has not been inspected under
24 Section 13B-15 or has not received an inspection certificate
25 or been granted a waiver of the exhaust gas pollutant
26 standards, the person may have the vehicle inspected within
27 60 days after the date of purchase.
28 (d) If a vehicle does not pass an inspection under
29 subsection (c) and does not receive an inspection certificate
30 or a waiver, the purchaser may (i) return the vehicle to the
31 dealer, who shall perform without charge the repairs
-2- LRB9214969DHmgA
1 necessary to allow the vehicle to pass inspection, or (ii)
2 repair the vehicle, or have it repaired, and, upon presenting
3 signed and dated receipts or an affidavit signed by the
4 person who repaired the vehicle, be reimbursed by the dealer
5 for the cost of the repairs, up to a total of $450.
6 The Secretary shall adjust the maximum reimbursement
7 amount in January 2003 and in January of each succeeding year
8 to reflect increases in the consumer price index for the
9 United States as defined and officially reported by the
10 United States Department of Labor.
11 (e) A person who knowingly violates this Section
12 violates the Automotive Repair Act.
13 Section 10. The Automotive Repair Act is amended by
14 adding Section 81 as follows:
15 (815 ILCS 306/81 new)
16 Sec. 81. Violation of another Act. A person who
17 knowingly violates Section 13B-17 of the Illinois Vehicle
18 Code commits a violation of this Act.