Full Text of HB5912 096th General Assembly
HB5912enr 96TH GENERAL ASSEMBLY
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HB5912 Enrolled |
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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 Illinois Equipment Fair Dealership Law is | 5 |
| amended by changing Sections 2, 4, 5, and 7 as follows:
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| (815 ILCS 715/2) (from Ch. 5, par. 1502)
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| Sec. 2. As used in this Act unless the context clearly | 8 |
| requires otherwise:
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| (1) "Current net price" shall mean the price listed in the | 10 |
| wholesaler's,
manufacturer's, or distributor's price list in | 11 |
| effect at the time the
contract is canceled or discontinued, | 12 |
| less any applicable trade, volume
and/or cash discounts;
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| (2) "Inventory" shall mean farm implements, farm | 14 |
| machinery, attachments,
accessories and repair parts, outdoor | 15 |
| power equipment including but not limited to all-terrain | 16 |
| vehicles or off-highway motorcycles , construction
equipment, | 17 |
| industrial equipment, attachments, accessories and repair | 18 |
| parts;
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| (3) "Net cost" shall mean the price the retailer actually | 20 |
| paid for the
merchandise to the wholesaler, manufacturer or | 21 |
| distributor, plus freight
from the wholesaler's, | 22 |
| manufacturer's or distributor's location to the
dealer's | 23 |
| location;
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| (4) "Retailer" shall mean any person, firm or corporation | 2 |
| engaged
in the business of selling and retailing outdoor power | 3 |
| equipment including but not limited to all-terrain vehicles or | 4 |
| off-highway motorcycles , farm
implements, farm machinery, | 5 |
| attachments accessories or repair parts and
retailers of | 6 |
| construction or industrial equipment, attachments or
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| accessories or repair parts, but shall not include retailers of | 8 |
| petroleum
and motor vehicles and related automotive care and | 9 |
| replacement products
normally sold by such retailers.
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| (Source: P.A. 86-259.)
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| (815 ILCS 715/4) (from Ch. 5, par. 1504)
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| Sec. 4.
(1) The wholesaler, manufacturer or distributor | 13 |
| shall repurchase
that inventory previously purchased from him | 14 |
| and held by the retailer at
the date of termination of the | 15 |
| contract. The wholesaler, manufacturer or
distributor shall | 16 |
| pay 100% of the net cost of all new, unsold,
undamaged and | 17 |
| complete outdoor power equipment including but not limited to | 18 |
| all-terrain vehicles or off-highway motorcycles , farm | 19 |
| implements, farm
machinery, attachments and accessories, | 20 |
| construction equipment, industrial
equipment, attachments and | 21 |
| accessories and 95% of the current net price of
all new, unused | 22 |
| and undamaged repair parts. The retailer shall pay the
cost of | 23 |
| transportation to the nearest warehouse maintained by the
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| wholesaler, manufacturer or distributor, or to a mutually | 25 |
| agreeable site.
The wholesaler, manufacturer or distributor |
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| shall pay the retailer 5% of
the current net price on all new, | 2 |
| unused and undamaged repair parts
returned to cover the cost of | 3 |
| handling, packing and loading. The
wholesaler, manufacturer or | 4 |
| distributor shall have the option of performing
the handling, | 5 |
| packaging and loading in lieu of paying the retailer 5% for
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| these services; provided the same can be accomplished within 45 | 7 |
| days of termination.
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| (2) Upon payment of the repurchase amount to the retailer, | 9 |
| the title and
right of possession to the repurchased inventory | 10 |
| shall transfer to the
wholesaler, manufacturer or distributor.
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| (Source: P.A. 86-259.)
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| (815 ILCS 715/5) (from Ch. 5, par. 1505)
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| Sec. 5.
The provisions of this Act shall be supplemental to | 14 |
| any
agreement between the retailer and the manufacturer, | 15 |
| wholesaler, or distributor
covering the return of outdoor power | 16 |
| equipment including but not limited to all-terrain vehicles or | 17 |
| off-highway motorcycles , farm implements, farm
machinery, | 18 |
| attachments, accessories,
and repair parts, construction | 19 |
| equipment, industrial equipment,
attachments, accessories, and | 20 |
| repair parts so that the retailer can elect
to pursue either | 21 |
| his contract
remedy or the remedy provided herein, and an | 22 |
| election by the retailer to
pursue his contract remedy shall | 23 |
| not bar his right to the remedy provided
herein as to those | 24 |
| farm implements, farm machinery, attachments, accessories
and | 25 |
| repair parts not affected by the contract remedy.
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LRB096 17601 DRJ 32958 b |
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| (Source: P.A. 86-259; 86-820; 86-1028.)
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| (815 ILCS 715/7) (from Ch. 5, par. 1507)
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| Sec. 7.
The provisions of this Act shall not require the | 4 |
| repurchase
from a retailer of:
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| (1) Any repair part which has a limited storage life and is | 6 |
| in a
deteriorated condition;
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| (2) Any repair part which is in a broken or damaged | 8 |
| package;
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| (3) Any single repair part which is priced as a set of two | 10 |
| or more items;
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| (4) Any repair part which because of its condition is not | 12 |
| resalable as
a new part without repackaging or reconditioning;
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| (5) Any inventory for which the retailer is unable to | 14 |
| furnish evidence,
satisfactory to the wholesaler, manufacturer | 15 |
| or distributor, of title, free
and clear of all claims, liens | 16 |
| and encumbrances;
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| (6) Any inventory which the retailer desires to keep, | 18 |
| provided the retailer
has a contractual right to do so;
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| (7) Any outdoor power equipment including but not limited | 20 |
| to all-terrain vehicles or off-highway motorcycles , farm | 21 |
| implements, farm machinery,
attachments and accessories, | 22 |
| construction equipment, industrial equipment,
attachments and | 23 |
| accessories which are not in new, unused, undamaged, or
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| complete condition;
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| (8) Any repair parts which are not in new, unused, or |
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| undamaged condition;
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| (9) Any outdoor power equipment including but not limited | 3 |
| to all-terrain vehicles or off-highway motorcycles , farm | 4 |
| implements, farm machinery,
attachments or accessories, | 5 |
| construction equipment, industrial equipment,
attachments or | 6 |
| accessories which were purchased 24 months or more prior to
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| notice of termination of the contract;
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| (10) Any inventory which was ordered by the retailer on or | 9 |
| after the date
of notification of termination of the contract;
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| (11) Any inventory which was acquired by the retailer from | 11 |
| any source
other than the wholesaler, manufacturer or | 12 |
| distributor.
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| (12) Any repair parts not listed in the manufacturers' | 14 |
| current price list
in effect at date of notice of termination | 15 |
| or classified as obsolete by
the manufacturer. However, this | 16 |
| exception to the repurchase requirement
shall apply only if the | 17 |
| wholesaler, manufacturer or distributor provided
the retailer | 18 |
| with the opportunity to return the parts prior to notice of
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| termination of the dealership.
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| (Source: P.A. 86-259.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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