Bill Text: IL HB0413 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: 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.

Sponsorship: Partisan Bill (Republican 1)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB0413 Detail]

Download: Illinois-2009-HB0413-Introduced.html

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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:
815 ILCS 380/2 from Ch. 121 1/2, par. 1202
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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AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The New Vehicle Buyer Protection Act is amended
by changing Section 2 as follows:
(815 ILCS 380/2) (from Ch. 121 1/2, par. 1202)
Sec. 2. Definitions. For the purposes of this Act, the
following words have the meanings ascribed to them in this
Section.
(a) "Consumer" means an individual who purchases or leases
for a period of at least one year a new vehicle from the seller
for the purposes of transporting himself and others, as well as
their personal property, for primarily personal, household or
family purposes or a fire department, fire protection district,
or township fire department that purchases or leases for a
period of at least one year a new vehicle from the seller.
(b) "Express warranty" has the same meaning, for the
purposes of this Act, as it has for the purposes of the Uniform
Commercial Code.
(c) "New vehicle" means a passenger car, as defined in
Section 1-157 of the Illinois Vehicle Code, a motor vehicle of
the Second Division having a weight of under 8,000 pounds, as
defined in Section 1-146 of that Code, a vehicle purchased by a

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fire department, a fire protection district, or a township fire
department, and a recreational vehicle, except for a camping
trailer or travel trailer that does not qualify under the
definition of a used motor vehicle, as set forth in Section
1-216 of that Code, and a motorcycle, as defined in Section
1-147 of the Illinois Vehicle Code.
(d) "Nonconformity" refers to a new vehicle's failure to
conform to all express warranties applicable to such vehicle,
which failure substantially impairs the use, market value or
safety of that vehicle.
(e) "Seller" means the manufacturer of a new vehicle, that
manufacturer's agent or distributor or that manufacturer's
authorized dealer. "Seller" also means, with respect to a new
vehicle which is also a modified vehicle, as defined in Section
1-144.1 of the Illinois Vehicle Code, as now or hereafter
amended, the person who modified the vehicle and that person's
agent or distributor or that person's authorized dealer.
"Seller" also means, with respect to leased new vehicles, the
manufacturer, that manufacturer's agent or distributor or that
manufacturer's dealer, who transfers the right to possession
and use of goods under a lease.
(f) "Statutory warranty period" means the period of one
year or 12,000 miles, whichever occurs first after the date of
the delivery of a new vehicle to the consumer who purchased or
leased it.
(g) "Lease cost" includes deposits, fees, taxes, down

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payments, periodic payments, and any other amount paid to a
seller by a consumer in connection with the lease of a new
vehicle.
(Source: P.A. 95-802, eff. 1-1-09.)