Full Text of HB1560 100th General Assembly
HB1560sam001 100TH GENERAL ASSEMBLY | Sen. Terry Link Filed: 5/23/2017
| | 10000HB1560sam001 | | LRB100 03434 KTG 26868 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 1560
| 2 | | AMENDMENT NO. ______. Amend House Bill 1560 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Consumer Fraud and Deceptive Business | 5 | | Practices Act is amended by changing Section 2L as follows:
| 6 | | (815 ILCS 505/2L) (from Ch. 121 1/2, par. 262L)
| 7 | | (Text of Section before amendment by P.A. 99-768 )
| 8 | | Sec. 2L.
Any retail sale of a motor vehicle made after | 9 | | January 1,
1968 to a consumer by a new motor vehicle dealer or | 10 | | used motor vehicle
dealer within the meaning of Chapter 5 of | 11 | | the Illinois Vehicle Code is
made subject to this Section.
| 12 | | (a) The dealer is liable to the purchasing consumer for the
| 13 | | following share of the cost of the repair of Power Train | 14 | | components for
a period of 30 days from date of delivery, | 15 | | unless the repairs have
become necessary by abuse, negligence, | 16 | | or collision. The burden of
establishing that a claim for |
| | | 10000HB1560sam001 | - 2 - | LRB100 03434 KTG 26868 a |
|
| 1 | | repairs is not within this Section shall
be on the selling | 2 | | dealer. The dealer's share of such repair costs is:
| 3 | | (1) in the case of a motor vehicle which is not more than 2 | 4 | | years
old, 50%;
| 5 | | (2) in the case of a motor vehicle which is 2 or more, but | 6 | | less than
3 years old, 25%;
| 7 | | (3) in the case of a motor vehicle which is 3 or more, but | 8 | | less than
4 years old, 10%; and
| 9 | | (4) in the case of a motor vehicle which is 4 or more years | 10 | | old,
none.
| 11 | | (b) Notwithstanding the foregoing, such a dealer and a | 12 | | purchasing
consumer may negotiate a sale and purchase that is | 13 | | not subject to this
Section if there is stamped on any purchase | 14 | | order, contract, agreement,
or other instrument to be signed by | 15 | | the consumer as a part of that
transaction, in at least | 16 | | 10-point bold type immediately above the
signature line, the | 17 | | following:
| 18 | | "THIS VEHICLE IS SOLD AS IS WITH NO WARRANTY
| 19 | | AS TO MECHANICAL CONDITION"
| 20 | | (c) As used in this Section, "Power Train components" means | 21 | | the
engine block, head, all internal engine parts, oil pan and | 22 | | gaskets,
water pump, intake manifold, transmission, and all | 23 | | internal transmission
parts, torque converter, drive shaft, | 24 | | universal joints, rear axle and
all rear axle internal parts, | 25 | | and rear wheel bearings.
| 26 | | (d) The repair liability means that the dealer will make |
| | | 10000HB1560sam001 | - 3 - | LRB100 03434 KTG 26868 a |
|
| 1 | | necessary
Power Train component repairs in his shop, or in the | 2 | | shop of his service
affiliate, on the basis of his regular list | 3 | | price charge for parts and
labor, where the flat rate list | 4 | | price does not exceed 50% of the selling
price of the vehicle | 5 | | at the time repairs are requested.
| 6 | | (e) The age of the vehicle shall be measured according to | 7 | | the
manufacturer's model year designation as shown on the | 8 | | Certificate of
Title or Registration Certificate. Vehicles | 9 | | shall be designated as
current year models, one year old, 2 | 10 | | year old, and so forth according to
the time that has elapsed | 11 | | since January 1 of the appropriate model year
so designated.
| 12 | | (f) This Section does not preclude the issuance of a | 13 | | warranty or
guarantee by a motor vehicle dealer or motor car | 14 | | manufacturer that meets
or exceeds the basic provisions of | 15 | | paragraph (a).
| 16 | | (g) After the effective date of this amendatory Act of | 17 | | 1989,
executives' and officials' cars when so advertised shall | 18 | | have been used
exclusively by executives of the parent motor | 19 | | car manufacturer's personnel
or by an executive of an | 20 | | authorized dealer in the same make of car. These
cars, so | 21 | | advertised, shall not have been sold to a member of the public
| 22 | | prior to the appearance of the advertisement.
| 23 | | Any person who violates this Section commits an unlawful | 24 | | practice
within the meaning of this Act.
| 25 | | (Source: P.A. 86-351; 87-1140.)
|
| | | 10000HB1560sam001 | - 4 - | LRB100 03434 KTG 26868 a |
|
| 1 | | (Text of Section after amendment by P.A. 99-768 )
| 2 | | Sec. 2L. Used motor vehicles; modification or disclaimer of | 3 | | implied warranty of merchantability limited. | 4 | | (a) Any retail sale of a used motor vehicle made after the | 5 | | effective date of this amendatory Act of the 99th General | 6 | | Assembly to a consumer by a licensed vehicle dealer within the | 7 | | meaning of Chapter 5 of the Illinois Vehicle Code or by an | 8 | | auction company at an auction that is open to the general | 9 | | public is
made subject to this Section.
| 10 | | (b) This Section does not apply to any of the following: | 11 | | (1) a vehicle vehicles with more than 150,000 miles at | 12 | | the time of sale ; . In addition, this Section does not apply | 13 | | to | 14 | | (2) a vehicle vehicles with a title titles that has | 15 | | have been branded "rebuilt" or "flood" ; . | 16 | | (3) a vehicle with a gross vehicle weight rating of | 17 | | 8,000 pounds or more; | 18 | | (4) a vehicle for which the odometer certification | 19 | | states "not the actual mileage" or "mileage is in excess of | 20 | | its mechanical limits"; or | 21 | | (5) a vehicle that is an antique vehicle, as defined in | 22 | | the Illinois Vehicle Code, or that is a collector motor | 23 | | vehicle. | 24 | | (b-5) This Section does not apply to the sale of any | 25 | | vehicle for which the dealer offers an express warranty that | 26 | | provides coverage that is substantially equal to or greater |
| | | 10000HB1560sam001 | - 5 - | LRB100 03434 KTG 26868 a |
|
| 1 | | than the limited implied warranty of merchantability required | 2 | | under this Section 2L. | 3 | | (c) Except as otherwise provided in this Section 2L, any | 4 | | Any sale of a used motor vehicle as described in subsection (a) | 5 | | may not exclude, modify, or disclaim the implied warranty of | 6 | | merchantability created under this Section 2L prescribed in | 7 | | Section 2-314 of the Uniform Commercial Code or limit the | 8 | | remedies for a breach of the warranty hereunder before midnight | 9 | | of the 15th calendar day after delivery of a used motor vehicle | 10 | | or until a used motor vehicle is driven 500 miles after | 11 | | delivery, whichever is earlier. In calculating time under this | 12 | | Section, a day on which the warranty is breached and all | 13 | | subsequent days in which the used motor vehicle fails to | 14 | | conform with the implied warranty of merchantability are | 15 | | excluded. In calculating distance under this Section, the miles | 16 | | driven to obtain or in connection with the repair, servicing, | 17 | | or testing of a used motor vehicle that fails to conform with | 18 | | the implied warranty of merchantability are excluded. An | 19 | | attempt to exclude, modify, or disclaim the implied warranty of | 20 | | merchantability or to limit the remedies for a breach of the | 21 | | warranty in violation of this Section renders a purchase | 22 | | agreement voidable at the option of the purchaser. | 23 | | (d) An implied warranty of merchantability is met if a used | 24 | | motor vehicle functions for the purpose of ordinary | 25 | | transportation on the public highway and substantially free of | 26 | | a defect in a power train component. As used in this Section, |
| | | 10000HB1560sam001 | - 6 - | LRB100 03434 KTG 26868 a |
|
| 1 | | "power train component" means the engine block, head, all | 2 | | internal engine parts, oil pan and gaskets, water pump, intake | 3 | | manifold, transmission, and all internal transmission parts, | 4 | | torque converter, drive shaft,
universal joints, rear axle and | 5 | | all rear axle internal parts, and rear wheel bearings. | 6 | | (e) The implied warranty of merchantability expires at | 7 | | midnight of the 15th calendar day after delivery of a used | 8 | | motor vehicle or when a used motor vehicle is driven 500 miles | 9 | | after delivery, whichever is earlier. In calculating time, a | 10 | | day on which the implied warranty of merchantability is | 11 | | breached is excluded and all subsequent days in which the used | 12 | | motor vehicle fails to conform with the warranty are also | 13 | | excluded. In calculating distance, the miles driven to or by | 14 | | the seller to obtain or in connection with the repair, | 15 | | servicing, or testing of a used motor vehicle that fails to | 16 | | conform with the implied warranty of merchantability are | 17 | | excluded. An implied warranty of merchantability does not | 18 | | extend to damage that occurs after the sale of the used motor | 19 | | vehicle that results from: | 20 | | (1) off-road use; | 21 | | (2) racing; | 22 | | (3) towing; | 23 | | (4) abuse; | 24 | | (5) misuse; | 25 | | (6) neglect; | 26 | | (7) failure to perform regular maintenance; and |
| | | 10000HB1560sam001 | - 7 - | LRB100 03434 KTG 26868 a |
|
| 1 | | (8) failure to maintain adequate oil, coolant, and | 2 | | other required fluids or lubricants. | 3 | | (f) If the implied warranty of merchantability described in | 4 | | this Section is breached, the consumer shall give reasonable | 5 | | notice to the seller no later than 2 business days after the | 6 | | end of the statutory warranty period. Before the consumer | 7 | | exercises another remedy pursuant to Article 2 of the Uniform | 8 | | Commercial Code, the seller shall have a reasonable opportunity | 9 | | to repair the used motor vehicle. The consumer shall pay | 10 | | one-half of the cost of the first 2 repairs necessary to bring | 11 | | the used motor vehicle into compliance with the warranty. The | 12 | | payments by the consumer are limited to a maximum payment of | 13 | | $100 for each repair; however, the consumer shall only be | 14 | | responsible for a maximum payment of $100 if the consumer | 15 | | brings in the vehicle for a second repair for the same defect. | 16 | | Reasonable notice as defined in this Section shall include, but | 17 | | not be limited to: | 18 | | (1) text, provided the seller has provided the consumer | 19 | | with a cell phone number; | 20 | | (2) phone call or message to the seller's business | 21 | | phone number provided on the seller's bill of sale for the | 22 | | purchase of the motor vehicle; | 23 | | (3) in writing to the seller's address provided on the | 24 | | seller's bill of sale for the purchase of the motor | 25 | | vehicle; | 26 | | (4) in person at the seller's address provided on the |
| | | 10000HB1560sam001 | - 8 - | LRB100 03434 KTG 26868 a |
|
| 1 | | seller's bill of sale for the purchase of the motor | 2 | | vehicle. | 3 | | (g) The maximum liability of a seller for repairs pursuant | 4 | | to this Section is limited to the purchase price paid for the | 5 | | used motor vehicle, to be refunded to the consumer or lender, | 6 | | as applicable, in exchange for return of the vehicle. | 7 | | (h) An agreement for the sale of a used motor vehicle | 8 | | subject to this Section is voidable at the option of the | 9 | | consumer, unless it contains on its face or in a separate
| 10 | | document the following conspicuous statement printed in | 11 | | boldface 10-point or larger type set off from the body of the | 12 | | agreement: | 13 | | "Illinois law requires that this vehicle will be free of a | 14 | | defect in a power train component for 15 days or 500 miles | 15 | | after delivery, whichever is earlier, except with regard to | 16 | | particular defects disclosed on the first page of this | 17 | | agreement. "Power train component" means the engine block, | 18 | | head, all internal engine parts, oil pan and gaskets, water | 19 | | pump, intake manifold, transmission, and all internal | 20 | | transmission parts, torque converter, drive shaft, universal | 21 | | joints, rear axle and all rear axle internal parts, and rear | 22 | | wheel bearings. You (the consumer) will have to pay up to $100 | 23 | | for each of the first 2 repairs if the warranty is violated.". | 24 | | (i) The inclusion in the agreement of the statement | 25 | | prescribed in subsection (h) of this Section does not create an | 26 | | express warranty. |
| | | 10000HB1560sam001 | - 9 - | LRB100 03434 KTG 26868 a |
|
| 1 | | (j) A consumer of a used motor vehicle may waive the | 2 | | implied warranty of merchantability only for a particular | 3 | | defect in the vehicle including, but not limited to, a rebuilt | 4 | | or flood-branded title and only if all of the following | 5 | | conditions are satisfied: | 6 | | (1) the seller subject to this Section fully and | 7 | | accurately discloses to the consumer that because of | 8 | | circumstances unusual to the business, the used motor | 9 | | vehicle has a particular defect; | 10 | | (2) the consumer agrees to buy the used motor vehicle | 11 | | after disclosure of the defect; and | 12 | | (3) before the sale, the consumer indicates agreement | 13 | | to the waiver by signing and dating the following | 14 | | conspicuous statement that is printed on the first page of | 15 | | the sales agreement or on a separate document in boldface | 16 | | 10-point or larger type and that is written in the language | 17 | | in which the presentation was made: | 18 | | "Attention consumer: sign here only if the seller has | 19 | | told you that this vehicle has the following problem or | 20 | | problems and you agree to buy the vehicle on those terms: | 21 | | 1. ...................................................... | 22 | | 2. .................................................. | 23 | | 3. ...................................................". | 24 | | (k) It shall be an affirmative defense to any claim under | 25 | | this Section that: | 26 | | (1) an alleged nonconformity does not substantially |
| | | 10000HB1560sam001 | - 10 - | LRB100 03434 KTG 26868 a |
|
| 1 | | impair the use and market value of the motor vehicle; | 2 | | (2) a nonconformity is the result of abuse, neglect, or | 3 | | unauthorized modifications or alterations of the motor | 4 | | vehicle; | 5 | | (3) a claim by a consumer was not filed in good faith; | 6 | | or | 7 | | (4) any other affirmative defense allowed by law. | 8 | | (l) Other than the 15-day, 500-mile implied warranty of | 9 | | merchantability identified herein, a seller subject to this | 10 | | Section is not required to provide any further express or | 11 | | implied warranties to a purchasing consumer unless: | 12 | | (1) the seller is required by federal or State law to | 13 | | provide a further express or implied warranty; or | 14 | | (2) the seller fails to fully inform and disclose to | 15 | | the consumer that the vehicle is being sold without any | 16 | | further express or implied warranties, other than the 15 | 17 | | day, 500 mile implied warranty of merchantability | 18 | | identified in this Section. | 19 | | (m) This Section does not apply to the sale of antique | 20 | | vehicles, as defined in the Illinois Vehicle Code, or to | 21 | | collector motor vehicles.
| 22 | | Any person who violates this Section commits an unlawful | 23 | | practice
within the meaning of this Act.
| 24 | | (Source: P.A. 99-768, eff. 7-1-17.)
| 25 | | Section 95. No acceleration or delay. Where this Act makes |
| | | 10000HB1560sam001 | - 11 - | LRB100 03434 KTG 26868 a |
|
| 1 | | changes in a statute that is represented in this Act by text | 2 | | that is not yet or no longer in effect (for example, a Section | 3 | | represented by multiple versions), the use of that text does | 4 | | not accelerate or delay the taking effect of (i) the changes | 5 | | made by this Act or (ii) provisions derived from any other | 6 | | Public Act.
| 7 | | Section 99. Effective date. This Act takes effect July 1, | 8 | | 2017.".
|
|