Full Text of SB0076 100th General Assembly
SB0076sam001 100TH GENERAL ASSEMBLY | Sen. Ira I. Silverstein Filed: 2/28/2017
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| 1 | | AMENDMENT TO SENATE BILL 76
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 76 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Short title. This Act may be cited as the New | 5 | | Vehicle Buyer Protection Act of 2017. | 6 | | Section 3. Definitions. As used in this Act: | 7 | | "Buyer" or "retail buyer" means any individual or entity | 8 | | who buys
a new motor vehicle from a person, including a | 9 | | partnership, limited
liability company, corporation, | 10 | | association, or any other legal
entity, engaged in the business | 11 | | of
manufacturing, distributing, or selling vehicles at retail. | 12 | | "Distributor" means any individual, partnership, | 13 | | corporation,
association, or other legal relationship that | 14 | | stands between the
manufacturer and the retail seller in | 15 | | purchases, consignments, or
contracts for sale of motor | 16 | | vehicles. |
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| 1 | | "Lease" means any contract for the lease or bailment for | 2 | | the
use of a motor vehicle by an individual, for a term | 3 | | exceeding 4
months, primarily for personal, family, or | 4 | | household purposes,
whether or not it is agreed that the lessee | 5 | | bears the risk of the
vehicles' depreciation.
| 6 | | "Lessee" means an individual who leases a motor vehicle | 7 | | under a
lease.
| 8 | | "Manufacturer" means any individual, partnership, | 9 | | corporation,
association, or other legal relationship that | 10 | | manufactures,
assembles, or produces motor vehicles.
| 11 | | "Motor home" means a vehicular unit built on, or | 12 | | permanently
attached to, a self-propelled motor vehicle | 13 | | chassis, chassis cab, or
van, which becomes an integral part of | 14 | | the completed vehicle,
designed for human habitation for | 15 | | recreational or emergency
occupancy. | 16 | | "New motor vehicle" means a new motor vehicle that is | 17 | | bought
or used primarily for personal, family, or household | 18 | | purposes. "New
motor vehicle" also means a new motor vehicle | 19 | | with a gross vehicle
weight under 10,000 pounds that is bought | 20 | | or used primarily for
business purposes by a person, including | 21 | | a partnership, limited
liability company, corporation, | 22 | | association, or any other legal
entity, to which not more than | 23 | | 5 motor vehicles are registered in
this State. "New motor | 24 | | vehicle" includes the chassis, cab,
and that portion of a motor | 25 | | home devoted to its propulsion, but does
not include any | 26 | | portion designed, used, or maintained primarily for
human |
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| 1 | | habitation, a dealer-owned vehicle, and a "demonstrator" or
| 2 | | other motor vehicle sold with a manufacturer's new car | 3 | | warranty, but
does not include a motorcycle or a motor vehicle | 4 | | which is not
registered under the Illinois Vehicle Code because | 5 | | it is to be operated or
used exclusively off the highways. A | 6 | | demonstrator is a vehicle
assigned by a dealer for the purpose | 7 | | of demonstrating qualities and
characteristics common to | 8 | | vehicles of the same or similar model and
type. | 9 | | "Nonconformity" means a nonconformity which substantially
| 10 | | impairs the use, value, or safety of the new motor vehicle to | 11 | | the
buyer or lessee. | 12 | | "Retail seller" or "retailer" means any individual,
| 13 | | partnership, corporation, association, or other legal | 14 | | relationship
that engages in the business of selling or leasing | 15 | | motor vehicles to
retail buyers. | 16 | | "Service contract" means a contract in writing to perform,
| 17 | | over a fixed period of time or for a specified duration, | 18 | | services
relating to the maintenance or repair of a motor | 19 | | vehicle, except
that this term does not include a policy of | 20 | | automobile insurance as defined in Section 143.13 of the | 21 | | Illinois
Insurance Code. | 22 | | "Supplier" means any person engaged in the business of | 23 | | making a motor home or new motor vehicle directly or indirectly | 24 | | available to a buyer. | 25 | | "Written warranty" means any undertaking in writing in | 26 | | connection with the sale by a supplier of a consumer product to |
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| 1 | | refund, repair, replace, or take other remedial action with | 2 | | respect to such product in the event that such product fails to | 3 | | meet the specifications set forth in the undertaking. | 4 | | Section 5. Failure to service or repair. If a manufacturer | 5 | | or its representative in this State is
unable to service or | 6 | | repair a new motor vehicle or motor home to
conform to the | 7 | | applicable written warranties after a reasonable
number of | 8 | | attempts, the manufacturer shall either promptly replace
the | 9 | | new motor vehicle or motor home in accordance with paragraph | 10 | | (1) or promptly
make restitution to the buyer in accordance | 11 | | with paragraph (2).
However, the buyer shall be free to elect | 12 | | restitution in lieu of
replacement, and in no event shall the | 13 | | buyer be required by the
manufacturer to accept a replacement | 14 | | vehicle. | 15 | | (1) In the case of replacement, the manufacturer shall | 16 | | replace the
buyer's vehicle with a new motor vehicle or | 17 | | motor home substantially identical to
the new motor vehicle | 18 | | or motor home replaced. The replacement vehicle shall be | 19 | | accompanied by
all written and implied warranties that | 20 | | normally accompany new motor
vehicles or motor homes of | 21 | | that specific kind. The manufacturer also shall pay for,
or | 22 | | to, the buyer the amount of any sales or use tax, license | 23 | | fees,
registration fees, and other official fees which the | 24 | | buyer is
obligated to pay in connection with the | 25 | | replacement, plus any
incidental damages to which the buyer |
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| 1 | | is entitled under Section 30,
including, but not limited | 2 | | to, reasonable repair, towing, and rental
car costs | 3 | | actually incurred by the buyer. | 4 | | (2) In the case of restitution, the manufacturer shall | 5 | | make
restitution in an amount equal to the actual price | 6 | | paid or payable by
the buyer, including any charges for | 7 | | transportation and
manufacturer-installed options, but | 8 | | excluding non-manufacturer items
installed by a dealer or | 9 | | the buyer, and including any collateral
charges such as | 10 | | sales or use tax, license fees, registration fees,
finance | 11 | | interest charges, and other official fees, plus any | 12 | | incidental damages to which the
buyer is entitled under | 13 | | Section 30, including, but not limited to,
reasonable | 14 | | repair, towing, and rental car costs actually incurred by
| 15 | | the buyer. | 16 | | (3) When the manufacturer replaces the new motor | 17 | | vehicle or motor home pursuant
to paragraph (1), the buyer | 18 | | shall only be liable to pay the
manufacturer an amount | 19 | | directly attributable to use by the buyer of
the replaced | 20 | | vehicle prior to the time the buyer first delivered the
| 21 | | vehicle to the manufacturer or distributor, or its | 22 | | authorized service
and repair facility for correction of | 23 | | the problem that gave rise to
the nonconformity. When | 24 | | restitution is made pursuant to paragraph
(2), the amount | 25 | | to be paid by the manufacturer to the buyer may be
reduced | 26 | | by the manufacturer by that amount directly attributable to
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| 1 | | use by the buyer prior to the time the buyer first | 2 | | delivered the
vehicle to the manufacturer or distributor, | 3 | | or its authorized service
and repair facility for | 4 | | correction of the problem that gave rise to
the | 5 | | nonconformity. The amount directly attributable to use by | 6 | | the
buyer shall be determined by multiplying the actual | 7 | | price of the new
motor vehicle or motor home paid or | 8 | | payable by the buyer, including any charges for
| 9 | | transportation and manufacturer-installed options, by a | 10 | | fraction
having as its denominator 120,000 and having as | 11 | | its numerator the
number of miles traveled by the new motor | 12 | | vehicle or motor home prior to the time
the buyer first | 13 | | delivered the new motor vehicle or motor home to the | 14 | | manufacturer or
distributor, or its authorized service and | 15 | | repair facility for
correction of the problem that gave | 16 | | rise to the nonconformity.
Nothing in this paragraph shall | 17 | | in any way limit the rights or
remedies available to the | 18 | | buyer under any other law. | 19 | | (4) A buyer of a new motor vehicle or motor home
shall | 20 | | also include a lessee of a new motor vehicle or motor home. | 21 | | Section 10. Nonconformity. | 22 | | (a) It shall be presumed that a reasonable number of | 23 | | attempts have
been made to conform a new motor vehicle or motor | 24 | | home to the applicable written
warranties if, within 18 months | 25 | | from delivery to the buyer or 18,000
miles on the odometer of |
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| 1 | | the vehicle, whichever occurs first, one or
more of the | 2 | | following occurs: | 3 | | (1) The same nonconformity results in a condition that | 4 | | is likely
to cause death or serious bodily injury if the | 5 | | new motor vehicle or motor home is driven and
the | 6 | | nonconformity has been subject to repair 2 or more times by | 7 | | the
manufacturer or its agents, and the buyer or lessee has | 8 | | at least
once directly notified the manufacturer of the | 9 | | need for the repair of
the nonconformity. | 10 | | (2) The same nonconformity has been subject to repair 4 | 11 | | or more
times by the manufacturer or its agents and the | 12 | | buyer has at least
once directly notified the manufacturer | 13 | | of the need for the repair of
the nonconformity. | 14 | | (3) The vehicle is out of service by reason of repair | 15 | | of
nonconformities by the manufacturer or its agents for a | 16 | | cumulative
total of more than 30 calendar days since | 17 | | delivery of the new motor vehicle or motor home to
the | 18 | | buyer. The 30-day limit shall be extended only if repairs | 19 | | cannot
be performed due to conditions beyond the control of | 20 | | the manufacturer
or its agents. The buyer shall be required | 21 | | to directly notify the
manufacturer pursuant to paragraphs | 22 | | (1) and (2) only if the
manufacturer has clearly and | 23 | | conspicuously disclosed to the buyer,
with the warranty or | 24 | | the owner's manual, the provisions of this
Section and that | 25 | | of Section 5, including the
requirement that the buyer must | 26 | | notify the manufacturer directly
pursuant to paragraphs |
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| 1 | | (1) and (2). The notification, if required,
shall be sent | 2 | | to the address, if any, specified clearly and
conspicuously | 3 | | by the manufacturer in the written warranty or owner's | 4 | | manual.
This presumption shall be a rebuttable presumption | 5 | | affecting the
burden of proof, and it may be asserted by | 6 | | the buyer in any civil
action, including an action in small | 7 | | claims court, or other formal or
informal proceeding. | 8 | | (b) If a qualified third-party dispute resolution process | 9 | | exists,
and the buyer receives timely notification in writing | 10 | | of the
availability of that qualified third-party dispute | 11 | | resolution process
with a description of its operation and | 12 | | effect, the presumption in
subsection (a) may not be asserted | 13 | | by the buyer until after the
buyer has initially resorted to | 14 | | the qualified third-party dispute
resolution process as | 15 | | required in subsection (c). Notification of
the availability of | 16 | | the qualified third-party dispute resolution
process is not | 17 | | timely if the buyer suffers any prejudice resulting
from any | 18 | | delay in giving the notification. If a qualified third-party
| 19 | | dispute resolution process does not exist, or if the buyer is
| 20 | | dissatisfied with that third-party decision, or if the | 21 | | manufacturer
or its agent neglects to promptly fulfill the | 22 | | terms of the qualified
third-party dispute resolution process | 23 | | decision after the decision is
accepted by the buyer, the buyer | 24 | | may assert the presumption provided
in subsection (a) in an | 25 | | action to enforce the buyer's rights under
Section 5. The | 26 | | findings and decision of a
qualified third-party dispute |
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| 1 | | resolution process shall be admissible
in evidence in the | 2 | | action without further foundation. Any period of
limitation of | 3 | | actions under any federal or State laws with
respect to any | 4 | | person shall be extended for a period equal to the
number of | 5 | | days between the date a complaint is filed with a
third-party | 6 | | dispute resolution process and the date of its decision
or the | 7 | | date before which the manufacturer or its agent is required by
| 8 | | the decision to fulfill its terms if the decision is accepted | 9 | | by the
buyer, whichever occurs later. | 10 | | (c) A qualified third-party dispute resolution process | 11 | | shall be
one that does all of the following: | 12 | | (1) Complies with the minimum requirements of the | 13 | | Federal Trade
Commission for informal dispute settlement | 14 | | procedures as set forth in
Part 703 of Title 16 of the Code | 15 | | of Federal Regulations, as those
regulations read on | 16 | | January 1, 1987. | 17 | | (2) Renders decisions which are binding on the | 18 | | manufacturer if the
buyer elects to accept the decision. | 19 | | (3) Prescribes a reasonable time, not to exceed 30 days | 20 | | after the
decision is accepted by the buyer, within which | 21 | | the manufacturer or
its agent must fulfill the terms of its | 22 | | decisions. | 23 | | (4) Provides arbitrators who are assigned to decide | 24 | | disputes with
copies of, and instruction in, the provisions | 25 | | of the Federal Trade
Commission's regulations in Part 703 | 26 | | of Title 16 of the Code of
Federal Regulations as those |
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| 1 | | regulations read on January 1, 1987,
Article 2 of the | 2 | | Uniform Commercial Code, and
this Act. | 3 | | (5) Requires the manufacturer, when the process | 4 | | orders, under the
terms of this Act, either that the | 5 | | nonconforming new motor vehicle or motor home be
replaced | 6 | | if the buyer consents to this remedy or that restitution be
| 7 | | made to the buyer, to replace the new motor vehicle or | 8 | | motor home or make restitution
in accordance with Section | 9 | | 5. | 10 | | (6) Provides, at the request of the arbitrator or a | 11 | | majority of
the arbitration panel, for an inspection and | 12 | | written report on the
condition of a nonconforming new | 13 | | motor vehicle, or motor home, at no cost to the buyer,
by | 14 | | an automobile expert who is independent of the | 15 | | manufacturer. | 16 | | (7) Takes into account, in rendering decisions, all | 17 | | legal and
equitable factors, including, but not limited to, | 18 | | the written
warranty, the rights and remedies conferred in | 19 | | regulations of the
Federal Trade Commission contained in | 20 | | Part 703 of Title 16 of the
Code of Federal Regulations as | 21 | | those regulations read on January 1,
1987, Article 2 of the | 22 | | Uniform Commercial Code, this Act, and any other equitable | 23 | | considerations
appropriate in the circumstances. Nothing | 24 | | in this Act requires
that, to be certified as a qualified | 25 | | third-party dispute resolution
process pursuant to this | 26 | | Section, decisions of the process must
consider or provide |
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| 1 | | remedies in the form of awards of punitive
damages or | 2 | | multiple damages, under subsection (c) of Section 30,
or of | 3 | | attorney's fees under subsection (d) of Section 30, or of
| 4 | | consequential damages other than as provided in | 5 | | subsections (a) and
(b) of Section 30, including, but not | 6 | | limited to, reasonable
repair, towing, and rental car costs | 7 | | actually incurred by the buyer. | 8 | | (8) Requires that no arbitrator deciding a dispute may | 9 | | be a party
to the dispute and that no other person, | 10 | | including an employee,
agent, or dealer for the | 11 | | manufacturer, may be allowed to participate
substantively | 12 | | in the merits of any dispute with the arbitrator unless
the | 13 | | buyer is allowed to participate also. Nothing in this
| 14 | | subsection prohibits any member of an arbitration from
| 15 | | deciding a dispute. | 16 | | (9) Obtains and maintains certification by the | 17 | | Attorney General as provided in Section 35. | 18 | | (d) (1) Except as provided in paragraph (2), no person | 19 | | shall sell,
either at wholesale or retail, lease, or transfer a | 20 | | new motor vehicle or motor home
transferred by a buyer or | 21 | | lessee to a manufacturer pursuant to
Section 5 or a similar
| 22 | | statute of any other state, unless the nature of the | 23 | | nonconformity
experienced by the original buyer or lessee is | 24 | | clearly and
conspicuously disclosed to the prospective buyer, | 25 | | lessee, or
transferee, the nonconformity is corrected, and the | 26 | | manufacturer
warrants to the new buyer, lessee, or transferee |
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| 1 | | in writing for a
period of one year that the new motor vehicle | 2 | | or motor home is free of that
nonconformity. | 3 | | (2) Except for the requirement that the nature of the
| 4 | | nonconformity be disclosed to the transferee, paragraph (1) | 5 | | does not
apply to the transfer of a new motor vehicle or motor | 6 | | home to an educational
institution if the purpose of the | 7 | | transfer is to make the new motor
vehicle or motor home | 8 | | available for use in automotive repair courses. | 9 | | Section 15. Automotive consumer notification. | 10 | | (a) The General Assembly finds and declares all of the
| 11 | | following: | 12 | | (1) That the expansion of state warranty laws covering | 13 | | new and
used motor vehicles and motor homes has given | 14 | | important and valuable protection to consumers. | 15 | | (2) That, in states without this valuable warranty | 16 | | protection,
used and new motor vehicles and motor homes are | 17 | | being resold in the
marketplace without notice to the | 18 | | subsequent purchaser. | 19 | | (3) That other states have addressed this problem by | 20 | | requiring
notices on the title of new motor vehicles and | 21 | | motor homes or other notice procedures to
warn consumers | 22 | | that the new motor homes vehicles or motor were repurchased | 23 | | by a dealer
or manufacturer because the new motor vehicle | 24 | | or motor home could not be repaired in a
reasonable length | 25 | | of time or a reasonable number of repair attempts
or the |
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| 1 | | dealer or manufacturer was not willing to repair the new | 2 | | motor vehicle or motor home. | 3 | | (4) That these notices serve the interests of consumers | 4 | | who have a
right to information relevant to their buying | 5 | | decisions. | 6 | | (5) That the disappearance of these notices upon the | 7 | | transfer of
title from another state to this State | 8 | | encourages the transport of
"lemons" to this State for sale | 9 | | to the drivers of this State. | 10 | | (b) As used in this Section, "dealer" means any person
| 11 | | engaged in the business of selling, offering for sale, or | 12 | | negotiating
the retail sale of, a used motor vehicle or motor | 13 | | home or selling new motor vehicles
or motor homes as a broker | 14 | | or agent for another, including the officers, agents, and
| 15 | | employees of the person and any combination or association of
| 16 | | dealers. | 17 | | (c) Any manufacturer who reacquires or assists a dealer or
| 18 | | lienholder to reacquire a new motor vehicle or motor home | 19 | | registered in this State, any
other state, or a federally | 20 | | administered district shall, prior to
any sale, lease, or | 21 | | transfer of the new motor vehicle or motor home in this State, | 22 | | or prior
to exporting the new motor vehicle or motor home to | 23 | | another state for sale, lease, or
transfer if the new motor | 24 | | vehicle or motor home was registered in this State and | 25 | | reacquired
pursuant to Section 5, cause
the new motor vehicle | 26 | | or motor home to be retitled in the name of the manufacturer, |
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| 1 | | request
the Secretary of State to inscribe the manufacturer's | 2 | | certificate of title with the notation "Lemon Law Buyback", and | 3 | | affix a decal
to the new motor vehicle or motor home in | 4 | | accordance with Section 25 if the manufacturer knew or should | 5 | | have known that the new motor vehicle or motor home
is required | 6 | | by law to be replaced, accepted for restitution due to
the | 7 | | failure of the manufacturer to conform the new motor vehicle or | 8 | | motor home to applicable
written warranties pursuant to Section | 9 | | 5, or accepted for restitution by the manufacturer due to the
| 10 | | failure of the manufacturer to conform the new motor vehicle or | 11 | | motor home to written warranties
required by any other | 12 | | applicable law of the State, any other state,
or federal law. | 13 | | (d) Any manufacturer who reacquires or assists a dealer or
| 14 | | lienholder to reacquire a new motor vehicle or motor home in | 15 | | response to a request by
the buyer or lessee that the new motor | 16 | | vehicle or motor home be either replaced or accepted
for | 17 | | restitution because the new motor vehicle or motor home did not | 18 | | conform to written
warranties shall, prior to the sale, lease, | 19 | | or other transfer of the
new motor vehicle or motor home, | 20 | | execute and deliver to the subsequent transferee a notice
and | 21 | | obtain the transferee's written acknowledgment of a notice, as
| 22 | | prescribed by Section 20. | 23 | | (e) Any person, including any dealer, who acquires a new | 24 | | motor vehicle
or motor home for resale and knows or should have | 25 | | known that the new motor vehicle or motor home was
reacquired | 26 | | by the manufacturer of the new motor vehicle or motor home in |
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| 1 | | response to a request by
the last retail owner or lessee of the | 2 | | new motor vehicle or motor home that it be replaced or
accepted | 3 | | for restitution because the new motor vehicle or motor home did | 4 | | not conform to
written warranties shall, prior to the sale, | 5 | | lease, or other
transfer, execute and deliver to the subsequent | 6 | | transferee a notice
and obtain the transferee's written | 7 | | acknowledgment of a notice, as
prescribed by Section 20. | 8 | | (f) Any person, including any manufacturer or dealer, who | 9 | | sells,
leases, or transfers ownership of a new motor vehicle or | 10 | | motor home when the new motor vehicle's
or motor home's | 11 | | certificate of title is inscribed with the notation "Lemon Law
| 12 | | Buyback" shall, prior to the sale, lease, or ownership transfer | 13 | | of
the new motor vehicle or motor home, provide the transferee | 14 | | with a disclosure statement
signed by the transferee that | 15 | | states:
"THIS NEW MOTOR VEHICLE OR MOTOR HOME WAS REPURCHASED | 16 | | BY ITS MANUFACTURER DUE TO A DEFECT IN
THE NEW MOTOR VEHICLE OR | 17 | | MOTOR HOME VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE | 18 | | TITLE TO THIS
NEW MOTOR VEHICLE OR MOTOR HOME HAS BEEN | 19 | | PERMANENTLY BRANDED WITH THE NOTATION "LEMON LAW
BUYBACK"." | 20 | | (g) The disclosure requirements in subsections (d), (e), | 21 | | and (f)
are cumulative with all other consumer notice | 22 | | requirements and do not
relieve any person, including any | 23 | | dealer or manufacturer, from
complying with any other | 24 | | applicable law, including any requirement of
subsection (d) of | 25 | | Section 10. |
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| 1 | | Section 20. Warranty buyback notice. | 2 | | (a) The notice required in subsections (d) and (e) of
| 3 | | Section 15 shall be prepared by the manufacturer of the
| 4 | | reacquired new motor vehicle a motor home and shall disclose | 5 | | all of the following: | 6 | | (1) Year, make, model, and vehicle identification | 7 | | number of the new motor
vehicle or motor home. | 8 | | (2) Whether the title to the new motor vehicle or motor | 9 | | home has been inscribed with the
notation "Lemon Law | 10 | | Buyback". | 11 | | (3) The nature of each nonconformity reported by the | 12 | | original
buyer or lessee of the new motor vehicle or motor | 13 | | home. | 14 | | (4) Repairs, if any, made to the new motor vehicle or | 15 | | motor home in an attempt to correct
each nonconformity | 16 | | reported by the original buyer or lessee. | 17 | | (b) The notice shall be on a form 8 1/2 x 11 inches in size | 18 | | and
printed in no smaller than 10-point black type on a white | 19 | | background.
The form shall only contain the following | 20 | | information prior to it
being filled out by the manufacturer: | 21 | | WARRANTY BUYBACK NOTICE | 22 | | (Check One) | 23 | | /. . ./ This new motor vehicle or motor home was repurchased by | 24 | | the manufacturer
after the last retail owner or lessee | 25 | | requested its repurchase due to
the problem(s) listed below. |
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| 1 | | /. . ./ THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER DUE TO | 2 | | A
DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE | 3 | | TITLE
TO THIS VEHICLE HAS BEEN PERMANENTLY BRANDED WITH THE | 4 | | NOTATION "LEMON
LAW BUYBACK." Under Illinois law, the | 5 | | manufacturer must warrant to
you, for a one-year period, that | 6 | | the vehicle is free of the problem(s) listed below. | 7 | | V.I.N: ........... Year: ..... Make: ...... Model: ...... | |
8 | | Problem(s) Reported by | Repairs Made, if any, to | |
9 | | Original Owner | Correct Reported Problem(s) | |
10 | | .......................... | .......................... | |
11 | | .......................... | .......................... | |
12 | | .......................... | .......................... | |
13 | | .......................... | .......................... | |
14 | | .......................... | .......................... | |
15 | | .......................... | .......................... | |
16 | | Signature of Manufacturer | Date | |
17 | | .......................... | .......................... | |
18 | | Signature of Dealer(s) | Date | |
19 | | .......................... | .......................... | |
20 | | .......................... | .......................... | |
21 | | .......................... | .......................... | |
22 | | Signature of Retail Buyer or | 23 | | Lessee | Date | |
24 | | .......................... | .......................... | |
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| 1 | | .......................... | .......................... |
| 2 | | (c) The manufacturer shall provide an executed copy of the | 3 | | notice
to the manufacturer's transferee. Each transferee, | 4 | | including a
dealer, to whom the new motor vehicle or motor home | 5 | | is transferred prior to its sale to
a retail buyer or lessee | 6 | | shall be provided an executed copy of the
notice by the | 7 | | previous transferor. | 8 | | Section 25. Lemon decal. | 9 | | (a) The decal required by subsection (c) of Section
15 to | 10 | | be affixed by a manufacturer to a new motor
vehicle or motor | 11 | | home, shall be affixed to the left front door frame of the new | 12 | | motor vehicle
or motor home, or, if the new motor vehicle or | 13 | | motor home does not have a left front door frame, it shall be
| 14 | | affixed in a location designated by the Secretary of State. The | 15 | | decal shall
specify that title to new the motor vehicle or | 16 | | motor home has been inscribed with the
notation "Lemon Law | 17 | | Buyback" and shall be affixed to the new motor vehicle or motor | 18 | | home in a
manner prescribed by the Secretary of State. | 19 | | (b) No person shall knowingly remove or alter any decal | 20 | | affixed to
a new motor vehicle or motor home pursuant to | 21 | | subsection (a), whether or not licensed under
the Illinois | 22 | | Vehicle Code. | 23 | | Section 30. Remedies. |
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| 1 | | (a) Any buyer of consumer goods who is damaged by a failure
| 2 | | to comply with any obligation under this Act or under an | 3 | | implied
or written warranty or service contract may bring an | 4 | | action for the
recovery of damages and other legal and | 5 | | equitable relief. | 6 | | (b) The measure of the buyer's damages in an action under | 7 | | this
Section shall include the rights of replacement or | 8 | | reimbursement as
set forth in Section 5, and the following: | 9 | | (1) Where the buyer has rightfully rejected or | 10 | | justifiably revoked
acceptance of the goods or has | 11 | | exercised any right to cancel the
sale, Sections 2-711, | 12 | | 2-712, and 2-713 of the Uniform Commercial Code shall
| 13 | | apply. | 14 | | (2) Where the buyer has accepted the goods, Sections | 15 | | 2-714 and 2-715
of the Uniform Commercial Code shall apply, | 16 | | and the measure of damages shall
include the cost of | 17 | | repairs necessary to make the goods conform. | 18 | | (c) If the buyer establishes that the failure to comply was
| 19 | | willful, the judgment may include, in addition to the amounts
| 20 | | recovered under subsection (a), a civil penalty which shall not
| 21 | | exceed 2 times the amount of actual damages. This subsection | 22 | | shall
not apply in any class action under Section 2-404 of the | 23 | | Code of Civil Procedure or with respect to a claim based
solely | 24 | | on a breach of an implied warranty. | 25 | | (d) If the buyer prevails in an action under this Section, | 26 | | including before a qualified third-party dispute resolution |
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| 1 | | process, the
buyer shall be allowed by the court to recover as | 2 | | part of the
judgment a sum equal to the aggregate amount of | 3 | | costs and expenses,
including attorney's fees based on actual | 4 | | time expended, determined
by the court to have been reasonably | 5 | | incurred by the buyer in
connection with the commencement and | 6 | | prosecution of such action. | 7 | | (e) (1) Except as otherwise provided in this subsection, if | 8 | | the
buyer establishes a violation of Section 5, the buyer shall | 9 | | recover damages and reasonable
attorney's fees and costs, and | 10 | | may recover a civil penalty of up to
2 times the amount of | 11 | | damages. | 12 | | (2) If the manufacturer maintains a qualified third-party | 13 | | dispute
resolution process which substantially complies with | 14 | | Section 10,
the manufacturer shall not be liable for any civil | 15 | | penalty pursuant
to this subsection. | 16 | | (3) After the occurrence of the events giving rise to the
| 17 | | presumption established in subsection (a) of Section 10, the
| 18 | | buyer may serve upon the manufacturer a written notice | 19 | | requesting
that the manufacturer comply with Section 5. If the | 20 | | buyer fails to serve the notice, the
manufacturer shall not be | 21 | | liable for a civil penalty pursuant to this
subsection. | 22 | | (4) If the buyer serves the notice described in paragraph | 23 | | (3) and
the manufacturer complies with Section 5 within 30 days | 24 | | of the service of that notice, the
manufacturer shall not be | 25 | | liable for a civil penalty pursuant to this
subsection. | 26 | | (5) If the buyer recovers a civil penalty under subsection |
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| 1 | | (c),
the buyer may not also recover a civil penalty under this | 2 | | subsection
for the same violation. | 3 | | Section 35. Third-party dispute resolution process | 4 | | certification program; fund. | 5 | | (a) The Attorney General shall establish a program for | 6 | | certifying each
third-party dispute resolution process used | 7 | | for the arbitration of
disputes pursuant to subsection (b) of | 8 | | Section 10. In establishing the program, the Attorney General | 9 | | shall do all of the
following: | 10 | | (1) Prescribe and provide forms to be used to apply for
| 11 | | certification under this Act. | 12 | | (2) Establish a set of minimum standards which shall be | 13 | | used to
determine whether a third-party dispute resolution | 14 | | process is in
substantial compliance with subsection (c) of | 15 | | Section 10. | 16 | | (3) Prescribe the information which each manufacturer, | 17 | | or other
entity, that operates a third-party dispute | 18 | | resolution process shall
provide the Attorney General in | 19 | | the application for certification. In
prescribing the | 20 | | information to accompany the application for
| 21 | | certification, the Attorney General shall require the | 22 | | manufacturer, or
other entity, to provide only that | 23 | | information which the Attorney General
finds is reasonably | 24 | | necessary to enable the Attorney General to determine
| 25 | | whether the third-party dispute resolution process is in |
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| 1 | | substantial
compliance with subsection (c) of Section 10. | 2 | | (4) Prescribe the information that each qualified | 3 | | third-party
dispute resolution process shall provide the | 4 | | Attorney General, and the time
intervals at which the | 5 | | information shall be required, to enable the
Attorney | 6 | | General to determine whether the qualified third-party | 7 | | dispute
resolution process continues to operate in | 8 | | substantial compliance
with subsection (c) of Section 10. | 9 | | (b)(1) Each manufacturer may establish, or otherwise make
| 10 | | available to buyers or lessees of new motor vehicles or motor | 11 | | homes, a qualified
third-party dispute resolution process for | 12 | | the resolution of disputes
pursuant to subsection (b) of | 13 | | Section 10. A
manufacturer that itself operates the third-party | 14 | | dispute resolution
process shall apply to the Attorney General | 15 | | for certification of that
process. If the manufacturer makes | 16 | | the third-party dispute resolution
process available to buyers | 17 | | or lessees of new motor vehicles or motor homes through
| 18 | | contract or other arrangement with another entity, that entity | 19 | | shall
apply to the Attorney General for certification. An | 20 | | entity that operates a
third-party dispute resolution process | 21 | | for more than one
manufacturer shall make a separate | 22 | | application for certification for
each manufacturer that uses | 23 | | that entity's third-party dispute
resolution process. The | 24 | | application for certification shall be
accompanied by the | 25 | | information prescribed by the Attorney General. | 26 | | (2) The Attorney General shall review the application and |
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| 1 | | accompanying
information and, after conducting an onsite | 2 | | inspection, shall
determine whether the third-party dispute | 3 | | resolution process is in
substantial compliance with | 4 | | subsection (c) of Section 10 and this Section. If the Attorney | 5 | | General determines that the
process is in substantial | 6 | | compliance, the Attorney General shall certify
the process. If | 7 | | the Attorney General determines that the process is not in
| 8 | | substantial compliance, the Attorney General shall deny | 9 | | certification and
shall state, in writing, the reasons for | 10 | | denial and the modifications
in the operation of the process | 11 | | that are required in order for the
process to be certified. | 12 | | (3) The Attorney General shall make a final determination | 13 | | whether to
certify a third-party dispute resolution process or | 14 | | to deny
certification not later than 90 calendar days following | 15 | | the date the
Attorney General accepts the application for | 16 | | certification as complete. | 17 | | (c)(1) The Attorney General, in accordance with the time | 18 | | intervals
prescribed pursuant to paragraph (4) of subsection | 19 | | (a), but at least
once annually, shall review the operation and | 20 | | performance of each
qualified third-party dispute resolution | 21 | | process and determine, using
the information provided the | 22 | | Attorney General as prescribed pursuant to
paragraph (4) of | 23 | | subsection (a) and the monitoring and inspection
information | 24 | | described in paragraph (3) of subsection (d), whether
the | 25 | | process is operating in substantial compliance with subsection | 26 | | (c) of Section 10 and this Section. If the
Attorney General |
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| 1 | | determines that the process is in substantial compliance,
the | 2 | | certification shall remain in effect.
| 3 | | (2) If the Attorney General determines that the process is | 4 | | not in
substantial compliance with subsection (c) of Section 10 | 5 | | or this Section, the Attorney General shall issue a notice of
| 6 | | decertification to the entity which operates the process and | 7 | | shall
send a copy of that notice to any manufacturer affected | 8 | | by the
decertification. The notice of decertification shall | 9 | | state the
reasons for the issuance of the notice and prescribe | 10 | | the
modifications in the operation of the process that are | 11 | | required in
order for the process to retain its certification. | 12 | | (3) A notice of decertification shall take effect 180 | 13 | | calendar
days following the date the notice is served on the | 14 | | manufacturer, or
other entity, which uses the process that the | 15 | | Attorney General has
determined is not in substantial | 16 | | compliance with subsection (c) of Section 10 or this Section. | 17 | | The Attorney General
shall withdraw the notice of | 18 | | decertification prior to its effective
date if the Attorney | 19 | | General determines, after a public hearing, that the
| 20 | | manufacturer, or other entity, which uses the process has made | 21 | | the
modifications in the operation of the process required in | 22 | | the notice
of decertification and is in substantial compliance | 23 | | with subsection (c) of Section 10 and this Section. | 24 | | (d) In addition to any other requirements of this Section, | 25 | | the
Attorney General shall do all of the following: | 26 | | (1) Establish procedures to assist owners or lessees of |
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| 1 | | new motor
vehicles or motor homes who have complaints | 2 | | regarding the operation of a qualified
third-party dispute | 3 | | resolution process. | 4 | | (2) Establish methods for measuring customer | 5 | | satisfaction and to
identify violations of this Section, | 6 | | which shall include an annual
random postcard or telephone | 7 | | survey by the Attorney General of the
customers of each | 8 | | qualified third-party dispute resolution process. | 9 | | (3) Monitor and inspect, on a regular basis, qualified | 10 | | third-party
dispute resolution processes to determine | 11 | | whether they continue to
meet the standards for | 12 | | certification. Monitoring and inspection shall
include, | 13 | | but not be limited to, all of the following: | 14 | | (A) Onsite inspections of each qualified | 15 | | third-party dispute
resolution process not less | 16 | | frequently than twice annually. | 17 | | (B) Investigation of complaints from consumers | 18 | | regarding the
operation of qualified third-party | 19 | | dispute resolution processes and
analyses of | 20 | | representative samples of complaints against each
| 21 | | process. | 22 | | (C) Analyses of the annual surveys required by | 23 | | paragraph (2). | 24 | | (5) Submit a biennial report to the General Assembly | 25 | | evaluating the
effectiveness of this Section, make | 26 | | available to the public summaries
of the statistics and |
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| 1 | | other information supplied by each qualified
third-party | 2 | | dispute resolution process, and publish educational
| 3 | | materials regarding the purposes of this Section. | 4 | | (6) Adopt rules as necessary and appropriate to | 5 | | implement
this Section and subsection (c) of Section 10. | 6 | | (7) Protection of the public shall be the highest | 7 | | priority for the
Attorney General in exercising its | 8 | | certification, regulatory, and
disciplinary functions. | 9 | | Whenever the protection of the public is
inconsistent with | 10 | | other interests sought to be promoted, the
protection of | 11 | | the public shall be paramount. | 12 | | (e) The Secretary of State shall, in accordance with the | 13 | | procedures prescribed in this
subsection, administer the | 14 | | collection of fees for the purposes of fully
funding the | 15 | | administration of this subsection. | 16 | | (1) Fees collected pursuant to this subsection shall be | 17 | | deposited into
the Motor Vehicle Dispute Resolution | 18 | | Certification Fund, a special fund created in the State | 19 | | treasury, and shall be
available, upon appropriation by the | 20 | | General Assembly, exclusively to pay
the expenses incurred | 21 | | by the Attorney General in administering this Section. If, | 22 | | at the conclusion of any fiscal year, the
amount of fees | 23 | | collected exceeds the amount of expenditures for that
| 24 | | purpose during that fiscal year, the surplus in the Dispute | 25 | | Resolution Certification Fund shall be carried forward | 26 | | into the succeeding fiscal year. |
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| 1 | | (2) Beginning July 1, 2018, and on or before May 1 of | 2 | | each
calendar year thereafter, every manufacturer shall | 3 | | file with the Secretary of State a statement of the number | 4 | | of new motor vehicles and motor homes sold,
leased, or | 5 | | otherwise distributed by or for the manufacturer in this
| 6 | | State during the preceding calendar year, and shall, upon | 7 | | written
notice delivered to the manufacturer by certified | 8 | | mail, return
receipt requested, pay to the Secretary of | 9 | | State a fee, not to
exceed $1 for each new motor vehicle or | 10 | | motor home sold, leased, or
distributed by or for the | 11 | | manufacturer in this State during the
preceding calendar | 12 | | year. The total fee paid by each manufacturer
shall be | 13 | | rounded to the nearest dollar. Not more than $1 shall
be | 14 | | charged, collected, or received from any one or more
| 15 | | manufacturers pursuant to this subsection with respect to | 16 | | the same
new motor vehicle or motor home. | 17 | | (3) The fee required by paragraph (2) is due and | 18 | | payable not
later than 30 days after the manufacturer has | 19 | | received notice of the
amount due and is delinquent after | 20 | | that time. A penalty of 10% of the amount delinquent shall | 21 | | be added to that amount, if
the delinquency continues for | 22 | | more than 30 days. If a manufacturer fails to file the | 23 | | statement required by
paragraph (2) by the date specified, | 24 | | the Secretary of State
shall assess the amount due from the | 25 | | manufacturer by using as the
number of new motor vehicles | 26 | | or motor homes sold, leased, or otherwise distributed by or
|
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| 1 | | for the manufacturer in this State during the preceding | 2 | | calendar
year the total number of new registrations of all | 3 | | new motor vehicles or motor homes
sold, leased, or | 4 | | otherwise distributed by or for the manufacturer
during the | 5 | | preceding calendar year. | 6 | | (4) On or before February 1 of each year, the Attorney | 7 | | General shall
notify the Secretary of State of the dollar | 8 | | amount necessary to
fully fund the program established by | 9 | | this Section during the
following fiscal year. The | 10 | | Secretary of State shall use this
information in | 11 | | calculating the amounts of the fees to be collected
from | 12 | | manufacturers pursuant to this subsection. | 13 | | (5) The Secretary of State may adopt rules to implement
| 14 | | this subsection. The rules shall include, at a minimum, a | 15 | | formula
for calculating the fee, established pursuant to | 16 | | paragraph (2),
for each new motor vehicle and motor home | 17 | | and the total amount of fees to be collected
from each | 18 | | manufacturer. | 19 | | As used in this subsection, " new motor vehicle" means a | 20 | | new
passenger or commercial motor vehicle of a kind that is | 21 | | required to
be registered under the Illinois Vehicle Code, but | 22 | | the term does not include a
motorcycle, a motor home, or any | 23 | | vehicle whose gross weight exceeds
10,000 pounds. | 24 | | Section 40. Sales and use tax reimbursement. | 25 | | (a) Notwithstanding any applicable provisions imposing a |
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| 1 | | tax amount on manufacturers under the Retailers' Occupation Tax | 2 | | Act, the Use Tax Act, the Service Occupation Tax Act, or the | 3 | | Service Use Tax Act, the Department of Revenue shall reimburse | 4 | | the manufacturer of a new motor vehicle or motor home
for an | 5 | | amount equal to the sales tax or use tax which the
manufacturer | 6 | | pays to or for the buyer or lessee when providing a
replacement | 7 | | vehicle pursuant to paragraph (1) of
Section 5 or includes in | 8 | | making restitution
to the buyer or lessee pursuant to paragraph | 9 | | (2)
of Section 5 when the manufacturer provides
satisfactory | 10 | | proof that it has complied with subsection (c) of
Section 15, | 11 | | and satisfactory proof is provided for one of the
following: | 12 | | (1) The retailer of the new motor vehicle or motor home | 13 | | for which the manufacturer
is making restitution has | 14 | | reported and paid the sales tax on the
gross receipts from | 15 | | the sale of that motor vehicle. | 16 | | (2) The buyer of the new motor vehicle or motor home | 17 | | has paid the use tax on the
sales price for the storage, | 18 | | use, or other consumption of that new motor
vehicle or | 19 | | motor home in this State. | 20 | | (3) The lessee of the new motor vehicle or motor home | 21 | | has paid the use tax on the
rentals payable from the lease | 22 | | of that new motor vehicle or motor home. | 23 | | (b) The Department of Revenue may adopt rules and
| 24 | | regulations to carry out, facilitate compliance with, or | 25 | | prevent
circumvention or evasion of this Section. | 26 | | (c) This Section shall not change the application of the |
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| 1 | | sales and
use tax to the gross receipts, the rentals payable, | 2 | | and the sales
price from the sale, lease, and the storage, use, | 3 | | or other
consumption, in this State, of tangible personal | 4 | | property pursuant to
the Retailers' Occupation Tax Act, the Use | 5 | | Tax Act, the Service Occupation Tax Act, or the Service Use Tax | 6 | | Act. | 7 | | (d) The manufacturer's claim for reimbursement and the | 8 | | Department of Revenue's approval or denial of the claim shall | 9 | | be subject
to the applicable provisions under the Retailers' | 10 | | Occupation Tax Act, the Use Tax Act, the Service Occupation Tax | 11 | | Act, or the Service Use Tax Act concerning claims for a credit | 12 | | or refund of erroneously paid amounts,
except provisions | 13 | | relating to accrued interest at the rate and in the manner | 14 | | specified in the Uniform Penalty and Interest Act, insofar as | 15 | | those provisions are not
inconsistent with this Section. | 16 | | (e) For purposes of this Section, the amount of use tax | 17 | | that the
Department of Revenue is required to reimburse the | 18 | | manufacturer
shall be limited to the amount of use tax the | 19 | | manufacturer is
required to pay to or for the lessee pursuant | 20 | | to Section 5. | 21 | | Section 45. Prohibitions. | 22 | | (a) Any automobile manufacturer, importer, distributor,
| 23 | | dealer, or lienholder who reacquires, or who assists in | 24 | | reacquiring,
a new motor vehicle or motor home, whether by | 25 | | judgment, decree, arbitration award,
settlement agreement, or |
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| 1 | | voluntary agreement, is prohibited from
doing either of the | 2 | | following: | 3 | | (1) Requiring, as a condition of the reacquisition of | 4 | | the new motor
vehicle or motor home, that a buyer or lessee | 5 | | who is a resident of this State agree
not to disclose the | 6 | | problems with the new motor vehicle or motor home | 7 | | experienced by the
buyer or lessee or the nonfinancial | 8 | | terms of the reacquisition. | 9 | | (2) Including, in any release or other agreement, | 10 | | whether prepared
by the manufacturer, importer, | 11 | | distributor, dealer, or lienholder,
for signature by the | 12 | | buyer or lessee, a confidentiality clause, gag
clause, or | 13 | | similar clause prohibiting the buyer or lessee from
| 14 | | disclosing information to anyone about the problems with | 15 | | the new motor vehicle or motor home,
or the nonfinancial | 16 | | terms of the reacquisition of the new motor vehicle or | 17 | | motor home by the
manufacturer, importer, distributor, | 18 | | dealer, or lienholder. | 19 | | (b) Any confidentiality clause, gag clause, or similar | 20 | | clause in
such a release or other agreement in violation of | 21 | | this Section shall
be null and void as against the public | 22 | | policy of this State. | 23 | | (c) Nothing in this Section is intended to prevent any
| 24 | | confidentiality clause, gag clause, or similar clause | 25 | | regarding the
financial terms of the reacquisition of the new | 26 | | motor vehicle or motor home. |
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| 1 | | Section 900. The State Finance Act is amended by adding | 2 | | Section 5.878 as follows: | 3 | | (30 ILCS 105/5.878 new) | 4 | | Sec. 5.878. Motor Vehicle Dispute Resolution Certification | 5 | | Fund. | 6 | | Section 905. The Retailers' Occupation Tax Act is amended | 7 | | by changing Section 6 as follows:
| 8 | | (35 ILCS 120/6) (from Ch. 120, par. 445)
| 9 | | Sec. 6. Credit memorandum or refund. If it appears, after | 10 | | claim therefor
filed with the Department, that
an amount of tax | 11 | | or penalty or interest has been paid which was not due under
| 12 | | this Act, whether as the result of a mistake of fact or an | 13 | | error of law,
except as hereinafter provided, then the | 14 | | Department shall issue a credit
memorandum or refund to the | 15 | | person who made the erroneous payment or, if
that person died | 16 | | or became a person under legal disability, to his or her
legal | 17 | | representative, as such.
For purposes of this Section, the tax | 18 | | is deemed to be erroneously paid by
a retailer when the | 19 | | manufacturer of a new motor vehicle or motor home sold by the | 20 | | retailer
accepts
the return of that new motor vehicle or motor | 21 | | home automobile and refunds to the purchaser the selling price | 22 | | of
that new motor vehicle or motor home as provided in the New |
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| 1 | | Vehicle Buyer Protection Act of 2017 . When a new
motor vehicle | 2 | | or motor home is returned for a refund of the purchase price | 3 | | under the New
Vehicle Buyer Protection Act of 2017 , the | 4 | | Department shall issue a credit memorandum
or a refund for the | 5 | | amount of tax paid by the retailer under this Act
attributable | 6 | | to the initial sale of that new motor vehicle or motor home . | 7 | | Claims submitted by the
retailer are subject to the same | 8 | | restrictions and procedures provided for in
this Act.
If it is | 9 | | determined that the Department
should issue a credit memorandum | 10 | | or refund, the Department may first apply
the amount thereof | 11 | | against any tax or penalty or interest due or to become
due | 12 | | under this Act or under the Use Tax Act, the Service Occupation | 13 | | Tax
Act, the Service Use Tax Act,
any local occupation or use | 14 | | tax administered by the Department,
Section 4 of the Water | 15 | | Commission Act of
1985, subsections (b), (c) and (d) of Section | 16 | | 5.01 of the Local Mass
Transit District Act, or subsections | 17 | | (e), (f) and (g) of Section 4.03 of
the Regional Transportation | 18 | | Authority Act, from the person who made the
erroneous payment. | 19 | | If no tax or penalty or interest is due and no
proceeding is | 20 | | pending to determine whether such person is indebted to the
| 21 | | Department for tax or penalty or interest, the credit | 22 | | memorandum or refund
shall be issued to the claimant; or (in | 23 | | the case of a credit memorandum)
the credit memorandum may be | 24 | | assigned and set over by the lawful holder
thereof, subject to | 25 | | reasonable rules of the Department, to any other person
who is | 26 | | subject to this Act, the Use Tax Act, the Service Occupation |
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| 1 | | Tax Act,
the Service Use Tax Act,
any local occupation or use | 2 | | tax administered by the Department,
Section 4 of the Water | 3 | | Commission Act of
1985, subsections (b), (c) and (d) of Section | 4 | | 5.01 of the Local Mass
Transit District Act, or subsections | 5 | | (e), (f) and (g) of Section 4.03 of
the Regional Transportation | 6 | | Authority Act,
and the amount thereof applied by the Department | 7 | | against any tax or
penalty or interest due or to become due | 8 | | under this Act or under the Use
Tax Act, the Service Occupation | 9 | | Tax Act, the Service
Use Tax Act,
any local occupation or use | 10 | | tax administered by the Department,
Section 4 of the Water | 11 | | Commission Act of
1985, subsections (b), (c) and (d) of Section | 12 | | 5.01 of the Local Mass
Transit District Act, or subsections | 13 | | (e), (f) and (g) of Section 4.03 of
the Regional Transportation | 14 | | Authority Act, from such assignee. However, as
to any claim for | 15 | | credit or refund filed with the Department on and after
each | 16 | | January 1 and July 1 no amount of tax or penalty or interest
| 17 | | erroneously paid (either in total or partial liquidation of a | 18 | | tax or
penalty or amount of interest under this Act) more than | 19 | | 3 years prior to
such January 1 and July 1, respectively, shall | 20 | | be credited or refunded,
except that if both the Department and | 21 | | the taxpayer have agreed to an
extension of time to issue a | 22 | | notice of tax liability as
provided in Section 4 of this Act, | 23 | | such claim may be filed at any time
prior to the expiration of | 24 | | the period agreed upon.
| 25 | | No claim may be allowed for any amount paid to the | 26 | | Department, whether
paid voluntarily or involuntarily, if paid |
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| 1 | | in total or partial liquidation
of an assessment which had | 2 | | become final before the claim for credit or
refund to recover | 3 | | the amount so paid is filed with the Department, or if
paid in | 4 | | total or partial liquidation of a judgment or order of
court. | 5 | | No credit may be allowed or refund made for any amount paid by | 6 | | or
collected from any claimant unless it appears (a) that the | 7 | | claimant bore
the burden of such amount and has not been | 8 | | relieved thereof nor reimbursed
therefor and has not shifted | 9 | | such burden directly or indirectly through
inclusion of such | 10 | | amount in the price of the tangible personal property
sold by | 11 | | him or her or in any manner whatsoever; and that no | 12 | | understanding or
agreement, written or oral, exists whereby he | 13 | | or she or his or her
legal representative may be relieved of | 14 | | the burden of such amount, be
reimbursed therefor or may shift | 15 | | the burden thereof; or (b) that he or she
or his or her legal | 16 | | representative has repaid unconditionally such amount
to his or | 17 | | her vendee (1) who bore the burden thereof and has not shifted
| 18 | | such burden directly or indirectly, in any manner whatsoever; | 19 | | (2) who, if
he or she has shifted such burden, has repaid | 20 | | unconditionally such amount
to his own vendee; and (3) who is | 21 | | not entitled to receive any reimbursement
therefor from any | 22 | | other source than from his or her vendor, nor to be
relieved of | 23 | | such burden in any manner whatsoever. No credit may be allowed
| 24 | | or refund made for any amount paid by or collected from any | 25 | | claimant unless
it appears that the claimant has | 26 | | unconditionally repaid, to the purchaser,
any amount collected |
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| 1 | | from the purchaser and retained by the claimant with
respect to | 2 | | the same transaction under the Use Tax Act.
| 3 | | Any credit or refund that is allowed under this Section | 4 | | shall bear interest
at the rate and in the manner specified in | 5 | | the Uniform Penalty and Interest
Act.
| 6 | | In case the Department determines that the claimant is | 7 | | entitled to a
refund, such refund shall be made only from such | 8 | | appropriation as may be
available for that purpose. If it | 9 | | appears unlikely that the amount
appropriated would permit | 10 | | everyone having a claim allowed during the period
covered by | 11 | | such appropriation to elect to receive a cash refund, the
| 12 | | Department, by rule or regulation, shall provide for the | 13 | | payment of refunds in
hardship cases and shall define what | 14 | | types of cases qualify as hardship cases.
| 15 | | If a retailer who has failed to pay retailers' occupation | 16 | | tax on gross
receipts from retail sales is required by the | 17 | | Department to pay such tax,
such retailer, without filing any | 18 | | formal claim with the Department, shall
be allowed to take | 19 | | credit against such retailers' occupation tax liability
to the | 20 | | extent, if any, to which such retailer has paid an amount | 21 | | equivalent
to retailers' occupation tax or has paid use tax in | 22 | | error to his or her vendor
or vendors of the same tangible | 23 | | personal property which such retailer bought
for resale and did | 24 | | not first use before selling it, and no penalty or
interest | 25 | | shall be charged to such retailer on the amount of such credit.
| 26 | | However, when such credit is allowed to the retailer by the |
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| 1 | | Department, the
vendor is precluded from refunding any of that | 2 | | tax to the retailer and
filing a claim for credit or refund | 3 | | with respect thereto with the
Department. The provisions of | 4 | | this amendatory Act shall be applied
retroactively, regardless | 5 | | of the date of the transaction.
| 6 | | (Source: P.A. 91-901, eff. 1-1-01.)
| 7 | | Section 910. The Illinois Vehicle Code is amended by | 8 | | changing Section 5-104.2 as follows:
| 9 | | (625 ILCS 5/5-104.2)
| 10 | | Sec. 5-104.2. Nonconforming vehicles; sale.
| 11 | | (a) Every manufacturer shall be prohibited from reselling | 12 | | any new motor
vehicle or motor home that has been finally | 13 | | ordered, determined, or adjudicated as having
a nonconformity | 14 | | under the New Vehicle Buyer Protection Act , the New Vehicle | 15 | | Buyer Protection Act of 2017, or a similar law
of any state, | 16 | | territory, or country, and that the manufacturer repurchased
or | 17 | | replaced because of the nonconformity, unless the manufacturer | 18 | | has
corrected the nonconformity and issues a disclosure | 19 | | statement prior to
resale stating that the new motor vehicle or | 20 | | motor home was repurchased or replaced under the New
Vehicle | 21 | | Buyer Protection Act , the New Vehicle Buyer Protection Act of | 22 | | 2017, or similar law of any other state, territory,
or country; | 23 | | identifying the nonconformity; and warranting that the
| 24 | | nonconformity has been corrected. The disclosure statement |
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| 1 | | must accompany
the new motor vehicle or motor home through the | 2 | | first retail purchase.
| 3 | | (b) "Nonconformity" refers to a new motor vehicle's or | 4 | | motor home's failure to conform to all written
express | 5 | | warranties applicable to the new motor vehicle or motor home , | 6 | | which failure substantially
impairs the use, market value, or | 7 | | safety of the new motor vehicle or motor home .
| 8 | | (c) The disclosure statement referred to in subsection (a) | 9 | | shall be in
substantially the same form as below:
| 10 | | "IMPORTANT
| 11 | | Vehicle Identification Number (VIN): (Insert VIN Number); | 12 | | Year: (Insert
Year); Make (Insert Make); Model: (Insert | 13 | | Model). This vehicle was previously
sold as new. It was | 14 | | subsequently ordered as having a nonconformity by final
| 15 | | decision of court proceeding or State run arbitration. It | 16 | | was subsequently
repurchased by its manufacturer because | 17 | | it did not conform to the
manufacturer's written express | 18 | | warranty and the nonconformity was not cured within a
| 19 | | reasonable time as provided by Illinois law. The following | 20 | | nonconformities have
been corrected (a minimum of 5 | 21 | | numbered lines shall be provided to describe the
| 22 | | nonconformity or nonconformities)."
| 23 | | The customer shall sign the disclosure statement. This | 24 | | disclosure language
shall be in at least 8-point type.
| 25 | | (Source: P.A. 88-415.)
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| 1 | | (815 ILCS 380/Act rep.)
| 2 | | Section 915. The New Vehicle Buyer Protection Act is | 3 | | repealed.".
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