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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB0413
Introduced 2/3/2009, by Rep. Dan Brady SYNOPSIS AS INTRODUCED:
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815 ILCS 380/2 |
from Ch. 121 1/2, par. 1202 |
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Amends the New Vehicle Buyer Protection Act. Expands the definition of the term "New Vehicle" to include a motorcycle, as defined in the Illinois Vehicle Code.
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A BILL FOR
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HB0413 |
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LRB096 04411 KTG 14462 b |
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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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HB0413 |
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LRB096 04411 KTG 14462 b |
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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, and a motorcycle, as defined in Section |
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| 1-147 of the Illinois Vehicle 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 |