Bill Text: IL SB1760 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Creates the New Vehicle Buyer Protection Act of 2019. Provides that if a manufacturer is unable to service or repair a new motor vehicle to conform to the applicable written warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle or make restitution to the buyer. Provides that it shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle: (1) the same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven after 2 or more repairs; (2) the same nonconformity has been subject to repair 4 or more times; or (3) the vehicle is out of service by reason of repair for more than 30 calendar days since delivery of the vehicle to the buyer. Requires a buyer to initiate a qualified third-party dispute resolution process, if available, before asserting the presumption that a reasonable number of attempts have been made to repair the nonconformity. Prohibits a person from selling a motor vehicle without first disclosing to the prospective buyer that the vehicle had a nonconformity and the nonconformity was corrected. Contains provisions concerning a "Lemon Law Buyback" decal; a warranty buyback notice; remedies; a manufacturer's fee for each vehicle sold; sales and use tax reimbursements; and other matters. Amends the Retailers' Occupation Tax Act and the Illinois Vehicle Code. Changes references to "New Vehicle Buyer Protection Act" to "New Vehicle Buyer Protection Act of 2019". Amends the State Finance Act. Creates the Motor Vehicle Dispute Resolution Certification Fund. Repeals the New Vehicle Buyer Protection Act.

Spectrum: Partisan Bill (Democrat 13-0)

Status: (Introduced) 2019-04-12 - Rule 3-9(a) / Re-referred to Assignments [SB1760 Detail]

Download: Illinois-2019-SB1760-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1760

Introduced 2/15/2019, by Sen. Steve Stadelman

SYNOPSIS AS INTRODUCED:
New Act
30 ILCS 105/5.891 new
35 ILCS 120/6 from Ch. 120, par. 445
625 ILCS 5/5-104.2
815 ILCS 380/Act rep.

Creates the New Vehicle Buyer Protection Act of 2019. Provides that if a manufacturer is unable to service or repair a new motor vehicle to conform to the applicable written warranties after a reasonable number of attempts, the manufacturer shall either promptly replace the new motor vehicle or make restitution to the buyer. Provides that it shall be presumed that a reasonable number of attempts have been made to conform a new motor vehicle to the applicable express warranties if, within 18 months from delivery to the buyer or 18,000 miles on the odometer of the vehicle: (1) the same nonconformity results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven after 2 or more repairs; (2) the same nonconformity has been subject to repair 4 or more times; or (3) the vehicle is out of service by reason of repair for more than 30 calendar days since delivery of the vehicle to the buyer. Requires a buyer to initiate a qualified third-party dispute resolution process, if available, before asserting the presumption that a reasonable number of attempts have been made to repair the nonconformity. Prohibits a person from selling a motor vehicle without first disclosing to the prospective buyer that the vehicle had a nonconformity and the nonconformity was corrected. Contains provisions concerning a "Lemon Law Buyback" decal; a warranty buyback notice; remedies; a manufacturer's fee for each vehicle sold; sales and use tax reimbursements; and other matters. Amends the Retailers' Occupation Tax Act and the Illinois Vehicle Code. Changes references to "New Vehicle Buyer Protection Act" to "New Vehicle Buyer Protection Act of 2019". Amends the State Finance Act. Creates the Motor Vehicle Dispute Resolution Certification Fund. Repeals the New Vehicle Buyer Protection Act.
LRB101 10412 JLS 55518 b

A BILL FOR

SB1760LRB101 10412 JLS 55518 b
1 AN ACT concerning business.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the New
5Vehicle Buyer Protection Act of 2019.
6 Section 3. Definitions. As used in this Act:
7 "Buyer" or "retail buyer" means any individual or entity
8who buys a new motor vehicle from a person, including a
9partnership, limited liability company, corporation,
10association, or any other legal entity, engaged in the business
11of manufacturing, distributing, or selling vehicles at retail.
12 "Distributor" means any individual, partnership,
13corporation, association, or other legal relationship that
14stands between the manufacturer and the retail seller in
15purchases, consignments, or contracts for sale of motor
16vehicles.
17 "Lease" means any contract for the lease or bailment for
18the use of a motor vehicle by an individual, for a term
19exceeding 4 months, primarily for personal, family, or
20household purposes, whether or not it is agreed that the lessee
21bears the risk of the vehicles' depreciation.
22 "Lessee" means an individual who leases a motor vehicle
23under a lease.

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1 "Manufacturer" means any individual, partnership,
2corporation, association, or other legal relationship that
3manufactures, assembles, or produces motor vehicles.
4 "Motor home" means a vehicular unit built on, or
5permanently attached to, a self-propelled motor vehicle
6chassis, chassis cab, or van, which becomes an integral part of
7the completed vehicle, designed for human habitation for
8recreational or emergency occupancy.
9 "New motor vehicle" means a new motor vehicle that is
10bought or used primarily for personal, family, or household
11purposes. "New motor vehicle" also means a new motor vehicle
12with a gross vehicle weight under 10,000 pounds that is bought
13or used primarily for business purposes by a person, including
14a partnership, limited liability company, corporation,
15association, or any other legal entity, to which not more than
165 motor vehicles are registered in this State. "New motor
17vehicle" includes the chassis, cab, and that portion of a motor
18home devoted to its propulsion, but does not include any
19portion designed, used, or maintained primarily for human
20habitation, a dealer-owned vehicle, and a "demonstrator" or
21other motor vehicle sold with a manufacturer's new car
22warranty, but does not include a motorcycle or a motor vehicle
23which is not registered under the Illinois Vehicle Code because
24it is to be operated or used exclusively off the highways. A
25demonstrator is a vehicle assigned by a dealer for the purpose
26of demonstrating qualities and characteristics common to

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1vehicles of the same or similar model and type.
2 "Nonconformity" means a nonconformity which substantially
3impairs the use, value, or safety of the new motor vehicle to
4the buyer or lessee.
5 "Retail seller" or "retailer" means any individual,
6partnership, corporation, association, or other legal
7relationship that engages in the business of selling or leasing
8motor vehicles to retail buyers.
9 "Service contract" means a contract in writing to perform,
10over a fixed period of time or for a specified duration,
11services relating to the maintenance or repair of a motor
12vehicle, except that this term does not include a policy of
13automobile insurance as defined in Section 143.13 of the
14Illinois Insurance Code.
15 "Supplier" means any person engaged in the business of
16making a motor home or new motor vehicle directly or indirectly
17available to a buyer.
18 "Written warranty" means any undertaking in writing in
19connection with the sale by a supplier of a consumer product to
20refund, repair, replace, or take other remedial action with
21respect to the product if the product fails to meet the
22specifications set forth in the undertaking.
23 Section 5. Failure to service or repair. If a manufacturer
24or its representative in this State is unable to service or
25repair a new motor vehicle or motor home to conform to the

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1applicable written warranties after a reasonable number of
2attempts, the manufacturer shall either promptly replace the
3new motor vehicle or motor home in accordance with paragraph
4(1) or promptly make restitution to the buyer in accordance
5with paragraph (2). However, the buyer shall be free to elect
6restitution in lieu of replacement, and in no event shall the
7buyer be required by the manufacturer to accept a replacement
8vehicle.
9 (1) In the case of replacement, the manufacturer shall
10 replace the buyer's vehicle with a new motor vehicle or
11 motor home substantially identical to the new motor vehicle
12 or motor home replaced. The replacement vehicle shall be
13 accompanied by all written and implied warranties that
14 normally accompany new motor vehicles or motor homes of
15 that specific kind. The manufacturer also shall pay for, or
16 to, the buyer the amount of any sales or use tax, license
17 fees, registration fees, and other official fees which the
18 buyer is obligated to pay in connection with the
19 replacement, plus any incidental damages to which the buyer
20 is entitled under Section 30, including, but not limited
21 to, reasonable repair, towing, and rental car costs
22 actually incurred by the buyer.
23 (2) In the case of restitution, the manufacturer shall
24 make restitution in an amount equal to the actual price
25 paid or payable by the buyer, including any charges for
26 transportation and manufacturer-installed options, but

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1 excluding non-manufacturer items installed by a dealer or
2 the buyer, and including any collateral charges such as
3 sales or use tax, license fees, registration fees, finance
4 interest charges, and other official fees, plus any
5 incidental damages to which the buyer is entitled under
6 Section 30, including, but not limited to, reasonable
7 repair, towing, and rental car costs actually incurred by
8 the buyer.
9 (3) When the manufacturer replaces the new motor
10 vehicle or motor home pursuant to paragraph (1), the buyer
11 shall only be liable to pay the manufacturer an amount
12 directly attributable to use by the buyer of the replaced
13 vehicle prior to the time the buyer first delivered the
14 vehicle to the manufacturer or distributor, or its
15 authorized service and repair facility for correction of
16 the problem that gave rise to the nonconformity. When
17 restitution is made pursuant to paragraph (2), the amount
18 to be paid by the manufacturer to the buyer may be reduced
19 by the manufacturer by that amount directly attributable to
20 use by the buyer prior to the time the buyer first
21 delivered the vehicle to the manufacturer or distributor,
22 or its authorized service and repair facility for
23 correction of the problem that gave rise to the
24 nonconformity. The amount directly attributable to use by
25 the buyer shall be determined by multiplying the actual
26 price of the new motor vehicle or motor home paid or

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1 payable by the buyer, including any charges for
2 transportation and manufacturer-installed options, by a
3 fraction having as its denominator 120,000 and having as
4 its numerator the number of miles traveled by the new motor
5 vehicle or motor home prior to the time the buyer first
6 delivered the new motor vehicle or motor home to the
7 manufacturer or distributor, or its authorized service and
8 repair facility for correction of the problem that gave
9 rise to the nonconformity. Nothing in this paragraph shall
10 in any way limit the rights or remedies available to the
11 buyer under any other law.
12 (4) A buyer of a new motor vehicle or motor home shall
13 also include a lessee of a new motor vehicle or motor home.
14 Section 10. Nonconformity.
15 (a) It shall be presumed that a reasonable number of
16attempts have been made to conform a new motor vehicle or motor
17home to the applicable written warranties if, within 18 months
18from delivery to the buyer or 18,000 miles on the odometer of
19the vehicle, whichever occurs first, one or more of the
20following occurs:
21 (1) The same nonconformity results in a condition that
22 is likely to cause death or serious bodily injury if the
23 new motor vehicle or motor home is driven and the
24 nonconformity has been subject to repair 2 or more times by
25 the manufacturer or its agents, and the buyer or lessee has

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1 at least once directly notified the manufacturer of the
2 need for the repair of the nonconformity.
3 (2) The same nonconformity has been subject to repair 4
4 or more times by the manufacturer or its agents and the
5 buyer has at least once directly notified the manufacturer
6 of the need for the repair of the nonconformity.
7 (3) The vehicle is out of service by reason of repair
8 of nonconformities by the manufacturer or its agents for a
9 cumulative total of more than 30 calendar days since
10 delivery of the new motor vehicle or motor home to the
11 buyer. The 30-day limit shall be extended only if repairs
12 cannot be performed due to conditions beyond the control of
13 the manufacturer or its agents. The buyer shall be required
14 to directly notify the manufacturer pursuant to paragraphs
15 (1) and (2) only if the manufacturer has clearly and
16 conspicuously disclosed to the buyer, with the warranty or
17 the owner's manual, the provisions of this Section and that
18 of Section 5, including the requirement that the buyer must
19 notify the manufacturer directly pursuant to paragraphs
20 (1) and (2). The notification, if required, shall be sent
21 to the address, if any, specified clearly and conspicuously
22 by the manufacturer in the written warranty or owner's
23 manual. This presumption shall be a rebuttable presumption
24 affecting the burden of proof, and it may be asserted by
25 the buyer in any civil action, including an action in small
26 claims court, or other formal or informal proceeding.

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1 (b) If a qualified third-party dispute resolution process
2exists, and the buyer receives timely notification in writing
3of the availability of that qualified third-party dispute
4resolution process with a description of its operation and
5effect, the presumption in subsection (a) may not be asserted
6by the buyer until after the buyer has initially resorted to
7the qualified third-party dispute resolution process as
8required in subsection (c). Notification of the availability of
9the qualified third-party dispute resolution process is not
10timely if the buyer suffers any prejudice resulting from any
11delay in giving the notification. If a qualified third-party
12dispute resolution process does not exist, or if the buyer is
13dissatisfied with that third-party decision, or if the
14manufacturer or its agent neglects to promptly fulfill the
15terms of the qualified third-party dispute resolution process
16decision after the decision is accepted by the buyer, the buyer
17may assert the presumption provided in subsection (a) in an
18action to enforce the buyer's rights under Section 5. The
19findings and decision of a qualified third-party dispute
20resolution process shall be admissible in evidence in the
21action without further foundation. Any period of limitation of
22actions under any federal or State laws with respect to any
23person shall be extended for a period equal to the number of
24days between the date a complaint is filed with a third-party
25dispute resolution process and the date of its decision or the
26date before which the manufacturer or its agent is required by

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1the decision to fulfill its terms if the decision is accepted
2by the buyer, whichever occurs later.
3 (c) A qualified third-party dispute resolution process
4shall be one that does all of the following:
5 (1) Complies with the minimum requirements of the
6 Federal Trade Commission for informal dispute settlement
7 procedures as set forth in Part 703 of Title 16 of the Code
8 of Federal Regulations, as those regulations read on
9 January 1, 1987.
10 (2) Renders decisions which are binding on the
11 manufacturer if the buyer elects to accept the decision.
12 (3) Prescribes a reasonable time, not to exceed 30 days
13 after the decision is accepted by the buyer, within which
14 the manufacturer or its agent must fulfill the terms of its
15 decisions.
16 (4) Provides arbitrators who are assigned to decide
17 disputes with copies of, and instruction in, the provisions
18 of the Federal Trade Commission's regulations in Part 703
19 of Title 16 of the Code of Federal Regulations as those
20 regulations read on January 1, 1987, Article 2 of the
21 Uniform Commercial Code, and this Act.
22 (5) Requires the manufacturer, when the process
23 orders, under the terms of this Act, either that the
24 nonconforming new motor vehicle or motor home be replaced
25 if the buyer consents to this remedy or that restitution be
26 made to the buyer, to replace the new motor vehicle or

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1 motor home or make restitution in accordance with Section
2 5.
3 (6) Provides, at the request of the arbitrator or a
4 majority of the arbitration panel, for an inspection and
5 written report on the condition of a nonconforming new
6 motor vehicle, or motor home, at no cost to the buyer, by
7 an automobile expert who is independent of the
8 manufacturer.
9 (7) Takes into account, in rendering decisions, all
10 legal and equitable factors, including, but not limited to,
11 the written warranty, the rights and remedies conferred in
12 regulations of the Federal Trade Commission contained in
13 Part 703 of Title 16 of the Code of Federal Regulations as
14 those regulations read on January 1, 1987, Article 2 of the
15 Uniform Commercial Code, this Act, and any other equitable
16 considerations appropriate in the circumstances. Nothing
17 in this Act requires that, to be certified as a qualified
18 third-party dispute resolution process pursuant to this
19 Section, decisions of the process must consider or provide
20 remedies in the form of awards of punitive damages or
21 multiple damages, under subsection (c) of Section 30, or of
22 attorney's fees under subsection (d) of Section 30, or of
23 consequential damages other than as provided in
24 subsections (a) and (b) of Section 30, including, but not
25 limited to, reasonable repair, towing, and rental car costs
26 actually incurred by the buyer.

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1 (8) Requires that no arbitrator deciding a dispute may
2 be a party to the dispute and that no other person,
3 including an employee, agent, or dealer for the
4 manufacturer, may be allowed to participate substantively
5 in the merits of any dispute with the arbitrator unless the
6 buyer is allowed to participate as well. Nothing in this
7 subsection prohibits any member of an arbitration from
8 deciding a dispute.
9 (9) Obtains and maintains certification by the
10 Attorney General as provided in Section 35.
11 (d) (1) Except as provided in paragraph (2), no person
12shall sell, either at wholesale or retail, lease, or transfer a
13new motor vehicle or motor home transferred by a buyer or
14lessee to a manufacturer pursuant to Section 5 or a similar
15statute of any other state, unless the nature of the
16nonconformity experienced by the original buyer or lessee is
17clearly and conspicuously disclosed to the prospective buyer,
18lessee, or transferee, the nonconformity is corrected, and the
19manufacturer warrants to the new buyer, lessee, or transferee
20in writing for a period of one year that the new motor vehicle
21or motor home is free of that nonconformity.
22 (2) Except for the requirement that the nature of the
23nonconformity be disclosed to the transferee, paragraph (1)
24does not apply to the transfer of a new motor vehicle or motor
25home to an educational institution if the purpose of the
26transfer is to make the new motor vehicle or motor home

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1available for use in automotive repair courses.
2 Section 15. Automotive consumer notification.
3 (a) The General Assembly finds and declares all of the
4following:
5 (1) That the expansion of state warranty laws covering
6 new and used motor vehicles and motor homes has given
7 important and valuable protection to consumers.
8 (2) That, in states without this valuable warranty
9 protection, used and new motor vehicles and motor homes are
10 being resold in the marketplace without notice to the
11 subsequent purchaser.
12 (3) That other states have addressed this problem by
13 requiring notices on the title of new motor vehicles and
14 motor homes or other notice procedures to warn consumers
15 that the new motor vehicles or motor homes were repurchased
16 by a dealer or manufacturer because the new motor vehicle
17 or motor home could not be repaired in a reasonable length
18 of time or a reasonable number of repair attempts or the
19 dealer or manufacturer was not willing to repair the new
20 motor vehicle or motor home.
21 (4) That these notices serve the interests of consumers
22 who have a right to information relevant to their buying
23 decisions.
24 (5) That the disappearance of these notices upon the
25 transfer of title from another state to this State

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1 encourages the transport of "lemons" to this State for sale
2 to the drivers of this State.
3 (b) As used in this Section, "dealer" means any person
4engaged in the business of selling, offering for sale, or
5negotiating the retail sale of, a used motor vehicle or motor
6home or selling new motor vehicles or motor homes as a broker
7or agent for another, including the officers, agents, and
8employees of the person and any combination or association of
9dealers.
10 (c) Any manufacturer who reacquires or assists a dealer or
11lienholder to reacquire a new motor vehicle or motor home
12registered in this State, any other state, or a federally
13administered district shall, prior to any sale, lease, or
14transfer of the new motor vehicle or motor home in this State,
15or prior to exporting the new motor vehicle or motor home to
16another state for sale, lease, or transfer if the new motor
17vehicle or motor home was registered in this State and
18reacquired pursuant to Section 5, cause the new motor vehicle
19or motor home to be retitled in the name of the manufacturer,
20request the Secretary of State to inscribe the manufacturer's
21certificate of title with the notation "Lemon Law Buyback", and
22affix a decal to the new motor vehicle or motor home in
23accordance with Section 25 if the manufacturer knew or should
24have known that the new motor vehicle or motor home is required
25by law to be replaced, accepted for restitution due to the
26failure of the manufacturer to conform the new motor vehicle or

SB1760- 14 -LRB101 10412 JLS 55518 b
1motor home to applicable written warranties pursuant to Section
25, or accepted for restitution by the manufacturer due to the
3failure of the manufacturer to conform the new motor vehicle or
4motor home to written warranties required by any other
5applicable law of the State, any other state, or federal law.
6 (d) Any manufacturer who reacquires or assists a dealer or
7lienholder to reacquire a new motor vehicle or motor home in
8response to a request by the buyer or lessee that the new motor
9vehicle or motor home be either replaced or accepted for
10restitution because the new motor vehicle or motor home did not
11conform to written warranties shall, prior to the sale, lease,
12or other transfer of the new motor vehicle or motor home,
13execute and deliver to the subsequent transferee a notice and
14obtain the transferee's written acknowledgment of a notice, as
15prescribed by Section 20.
16 (e) Any person, including any dealer, who acquires a new
17motor vehicle or motor home for resale and knows or should have
18known that the new motor vehicle or motor home was reacquired
19by the manufacturer of the new motor vehicle or motor home in
20response to a request by the last retail owner or lessee of the
21new motor vehicle or motor home that it be replaced or accepted
22for restitution because the new motor vehicle or motor home did
23not conform to written warranties shall, prior to the sale,
24lease, or other transfer, execute and deliver to the subsequent
25transferee a notice and obtain the transferee's written
26acknowledgment of a notice, as prescribed by Section 20.

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1 (f) Any person, including any manufacturer or dealer, who
2sells, leases, or transfers ownership of a new motor vehicle or
3motor home when the new motor vehicle's or motor home's
4certificate of title is inscribed with the notation "Lemon Law
5Buyback" shall, prior to the sale, lease, or ownership transfer
6of the new motor vehicle or motor home, provide the transferee
7with a disclosure statement signed by the transferee that
8states: "THIS NEW MOTOR VEHICLE OR MOTOR HOME WAS REPURCHASED
9BY ITS MANUFACTURER DUE TO A DEFECT IN THE NEW MOTOR VEHICLE OR
10MOTOR HOME VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE
11TITLE TO THIS NEW MOTOR VEHICLE OR MOTOR HOME HAS BEEN
12PERMANENTLY BRANDED WITH THE NOTATION "LEMON LAW BUYBACK"."
13 (g) The disclosure requirements in subsections (d), (e),
14and (f) are cumulative with all other consumer notice
15requirements and do not relieve any person, including any
16dealer or manufacturer, from complying with any other
17applicable law, including any requirement of subsection (d) of
18Section 10.
19 Section 20. Warranty buyback notice.
20 (a) The notice required in subsections (d) and (e) of
21Section 15 shall be prepared by the manufacturer of the
22reacquired new motor vehicle a motor home and shall disclose
23all of the following:
24 (1) Year, make, model, and vehicle identification
25 number of the new motor vehicle or motor home.

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1 (2) Whether the title to the new motor vehicle or motor
2 home has been inscribed with the notation "Lemon Law
3 Buyback".
4 (3) The nature of each nonconformity reported by the
5 original buyer or lessee of the new motor vehicle or motor
6 home.
7 (4) Repairs, if any, made to the new motor vehicle or
8 motor home in an attempt to correct each nonconformity
9 reported by the original buyer or lessee.
10 (b) The notice shall be on a form 8 1/2 x 11 inches in size
11and printed in no smaller than 10-point black type on a white
12background. The form shall only contain the following
13information prior to it being filled out by the manufacturer:
14
WARRANTY BUYBACK NOTICE
15(Check One)
16/. . ./ This new motor vehicle or motor home was repurchased by
17the manufacturer after the last retail owner or lessee
18requested its repurchase due to the problem(s) listed below.
19/. . ./ THIS VEHICLE WAS REPURCHASED BY ITS MANUFACTURER DUE TO
20A DEFECT IN THE VEHICLE PURSUANT TO CONSUMER WARRANTY LAWS. THE
21TITLE TO THIS VEHICLE HAS BEEN PERMANENTLY BRANDED WITH THE
22NOTATION "LEMON LAW BUYBACK." Under Illinois law, the
23manufacturer must warrant to you, for a one-year period, that
24the vehicle is free of the problem(s) listed below.

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1V.I.N: ........... Year: ..... Make: ...... Model: ......
2Problem(s) Reported by Repairs Made, if any, to
3Original Owner Correct Reported Problem(s)
4.......................... ..........................
5.......................... ..........................
6.......................... ..........................
7.......................... ..........................
8.......................... ..........................
9.......................... ..........................
10Signature of ManufacturerDate
11.......................... ..........................
12Signature of Dealer(s)Date
13.......................... ..........................
14.......................... ..........................
15.......................... ..........................
16Signature of Retail Buyer or
17LesseeDate
18.......................... ..........................
19.......................... ..........................
20 (c) The manufacturer shall provide an executed copy of the
21notice to the manufacturer's transferee. Each transferee,
22including a dealer, to whom the new motor vehicle or motor home
23is transferred prior to its sale to a retail buyer or lessee
24shall be provided an executed copy of the notice by the

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1previous transferor.
2 Section 25. Lemon decal.
3 (a) The decal required by subsection (c) of Section 15 to
4be affixed by a manufacturer to a new motor vehicle or motor
5home, shall be affixed to the left front door frame of the new
6motor vehicle or motor home, or, if the new motor vehicle or
7motor home does not have a left front door frame, it shall be
8affixed in a location designated by the Secretary of State. The
9decal shall specify that title to new the motor vehicle or
10motor home has been inscribed with the notation "Lemon Law
11Buyback" and shall be affixed to the new motor vehicle or motor
12home in a manner prescribed by the Secretary of State.
13 (b) No person shall knowingly remove or alter any decal
14affixed to a new motor vehicle or motor home pursuant to
15subsection (a), whether or not licensed under the Illinois
16Vehicle Code.
17 Section 30. Remedies.
18 (a) Any buyer of consumer goods who is damaged by a failure
19to comply with any obligation under this Act or under an
20implied or written warranty or service contract may bring an
21action for the recovery of damages and other legal and
22equitable relief.
23 (b) The measure of the buyer's damages in an action under
24this Section shall include the rights of replacement or

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1reimbursement as set forth in Section 5, and the following:
2 (1) Where the buyer has rightfully rejected or
3 justifiably revoked acceptance of the goods or has
4 exercised any right to cancel the sale, Sections 2-711,
5 2-712, and 2-713 of the Uniform Commercial Code shall
6 apply.
7 (2) Where the buyer has accepted the goods, Sections
8 2-714 and 2-715 of the Uniform Commercial Code shall apply,
9 and the measure of damages shall include the cost of
10 repairs necessary to make the goods conform.
11 (c) If the buyer establishes that the failure to comply was
12willful, the judgment may include, in addition to the amounts
13recovered under subsection (a), a civil penalty which shall not
14exceed 2 times the amount of actual damages. This subsection
15shall not apply in any class action under Section 2-404 of the
16Code of Civil Procedure or with respect to a claim based solely
17on a breach of an implied warranty.
18 (d) If the buyer prevails in an action under this Section,
19including before a qualified third-party dispute resolution
20process, the buyer shall be allowed by the court to recover as
21part of the judgment a sum equal to the aggregate amount of
22costs and expenses, including attorney's fees based on actual
23time expended, determined by the court to have been reasonably
24incurred by the buyer in connection with the commencement and
25prosecution of such action.
26 (e) (1) Except as otherwise provided in this subsection, if

SB1760- 20 -LRB101 10412 JLS 55518 b
1the buyer establishes a violation of Section 5, the buyer shall
2recover damages and reasonable attorney's fees and costs, and
3may recover a civil penalty of up to 2 times the amount of
4damages.
5 (2) If the manufacturer maintains a qualified third-party
6dispute resolution process which substantially complies with
7Section 10, the manufacturer shall not be liable for any civil
8penalty pursuant to this subsection.
9 (3) After the occurrence of the events giving rise to the
10presumption established in subsection (a) of Section 10, the
11buyer may serve upon the manufacturer a written notice
12requesting that the manufacturer comply with Section 5. If the
13buyer fails to serve the notice, the manufacturer shall not be
14liable for a civil penalty pursuant to this subsection.
15 (4) If the buyer serves the notice described in paragraph
16(3) and the manufacturer complies with Section 5 within 30 days
17of the service of that notice, the manufacturer shall not be
18liable for a civil penalty pursuant to this subsection.
19 (5) If the buyer recovers a civil penalty under subsection
20(c), the buyer may not also recover a civil penalty under this
21subsection for the same violation.
22 Section 35. Third-party dispute resolution process
23certification program; fund.
24 (a) The Attorney General shall establish a program for
25certifying each third-party dispute resolution process used

SB1760- 21 -LRB101 10412 JLS 55518 b
1for the arbitration of disputes pursuant to subsection (b) of
2Section 10. In establishing the program, the Attorney General
3shall do all of the following:
4 (1) Prescribe and provide forms to be used to apply for
5 certification under this Act.
6 (2) Establish a set of minimum standards which shall be
7 used to determine whether a third-party dispute resolution
8 process is in substantial compliance with subsection (c) of
9 Section 10.
10 (3) Prescribe the information which each manufacturer,
11 or other entity, that operates a third-party dispute
12 resolution process shall provide the Attorney General in
13 the application for certification. In prescribing the
14 information to accompany the application for
15 certification, the Attorney General shall require the
16 manufacturer, or other entity, to provide only that
17 information which the Attorney General finds is reasonably
18 necessary to enable the Attorney General to determine
19 whether the third-party dispute resolution process is in
20 substantial compliance with subsection (c) of Section 10.
21 (4) Prescribe the information that each qualified
22 third-party dispute resolution process shall provide the
23 Attorney General, and the time intervals at which the
24 information shall be required, to enable the Attorney
25 General to determine whether the qualified third-party
26 dispute resolution process continues to operate in

SB1760- 22 -LRB101 10412 JLS 55518 b
1 substantial compliance with subsection (c) of Section 10.
2 (b)(1) Each manufacturer may establish, or otherwise make
3available to buyers or lessees of new motor vehicles or motor
4homes, a qualified third-party dispute resolution process for
5the resolution of disputes pursuant to subsection (b) of
6Section 10. A manufacturer that itself operates the third-party
7dispute resolution process shall apply to the Attorney General
8for certification of that process. If the manufacturer makes
9the third-party dispute resolution process available to buyers
10or lessees of new motor vehicles or motor homes through
11contract or other arrangement with another entity, that entity
12shall apply to the Attorney General for certification. An
13entity that operates a third-party dispute resolution process
14for more than one manufacturer shall make a separate
15application for certification for each manufacturer that uses
16that entity's third-party dispute resolution process. The
17application for certification shall be accompanied by the
18information prescribed by the Attorney General.
19 (2) The Attorney General shall review the application and
20accompanying information and, after conducting an onsite
21inspection, shall determine whether the third-party dispute
22resolution process is in substantial compliance with
23subsection (c) of Section 10 and this Section. If the Attorney
24General determines that the process is in substantial
25compliance, the Attorney General shall certify the process. If
26the Attorney General determines that the process is not in

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1substantial compliance, the Attorney General shall deny
2certification and shall state, in writing, the reasons for
3denial and the modifications in the operation of the process
4that are required in order for the process to be certified.
5 (3) The Attorney General shall make a final determination
6whether to certify a third-party dispute resolution process or
7to deny certification not later than 90 calendar days following
8the date the Attorney General accepts the application for
9certification as complete.
10 (c)(1) The Attorney General, in accordance with the time
11intervals prescribed pursuant to paragraph (4) of subsection
12(a), but at least once annually, shall review the operation and
13performance of each qualified third-party dispute resolution
14process and determine, using the information provided the
15Attorney General as prescribed pursuant to paragraph (4) of
16subsection (a) and the monitoring and inspection information
17described in paragraph (3) of subsection (d), whether the
18process is operating in substantial compliance with subsection
19(c) of Section 10 and this Section. If the Attorney General
20determines that the process is in substantial compliance, the
21certification shall remain in effect.
22 (2) If the Attorney General determines that the process is
23not in substantial compliance with subsection (c) of Section 10
24or this Section, the Attorney General shall issue a notice of
25decertification to the entity which operates the process and
26shall send a copy of that notice to any manufacturer affected

SB1760- 24 -LRB101 10412 JLS 55518 b
1by the decertification. The notice of decertification shall
2state the reasons for the issuance of the notice and prescribe
3the modifications in the operation of the process that are
4required in order for the process to retain its certification.
5 (3) A notice of decertification shall take effect 180
6calendar days following the date the notice is served on the
7manufacturer, or other entity, which uses the process that the
8Attorney General has determined is not in substantial
9compliance with subsection (c) of Section 10 or this Section.
10The Attorney General shall withdraw the notice of
11decertification prior to its effective date if the Attorney
12General determines, after a public hearing, that the
13manufacturer, or other entity, which uses the process has made
14the modifications in the operation of the process required in
15the notice of decertification and is in substantial compliance
16with subsection (c) of Section 10 and this Section.
17 (d) In addition to any other requirements of this Section,
18the Attorney General shall do all of the following:
19 (1) Establish procedures to assist owners or lessees of
20 new motor vehicles or motor homes who have complaints
21 regarding the operation of a qualified third-party dispute
22 resolution process.
23 (2) Establish methods for measuring customer
24 satisfaction and to identify violations of this Section,
25 which shall include an annual random postcard or telephone
26 survey by the Attorney General of the customers of each

SB1760- 25 -LRB101 10412 JLS 55518 b
1 qualified third-party dispute resolution process.
2 (3) Monitor and inspect, on a regular basis, qualified
3 third-party dispute resolution processes to determine
4 whether they continue to meet the standards for
5 certification. Monitoring and inspection shall include,
6 but not be limited to, all of the following:
7 (A) Onsite inspections of each qualified
8 third-party dispute resolution process not less
9 frequently than twice annually.
10 (B) Investigation of complaints from consumers
11 regarding the operation of qualified third-party
12 dispute resolution processes and analyses of
13 representative samples of complaints against each
14 process.
15 (C) Analyses of the annual surveys required by
16 paragraph (2).
17 (5) Submit a biennial report to the General Assembly
18 evaluating the effectiveness of this Section, make
19 available to the public summaries of the statistics and
20 other information supplied by each qualified third-party
21 dispute resolution process, and publish educational
22 materials regarding the purposes of this Section.
23 (6) Adopt rules as necessary and appropriate to
24 implement this Section and subsection (c) of Section 10.
25 (7) Protection of the public shall be the highest
26 priority for the Attorney General in exercising its

SB1760- 26 -LRB101 10412 JLS 55518 b
1 certification, regulatory, and disciplinary functions.
2 Whenever the protection of the public is inconsistent with
3 other interests sought to be promoted, the protection of
4 the public shall be paramount.
5 (e) The Secretary of State shall, in accordance with the
6procedures prescribed in this subsection, administer the
7collection of fees for the purposes of fully funding the
8administration of this subsection.
9 (1) Fees collected pursuant to this subsection shall be
10 deposited into the Motor Vehicle Dispute Resolution
11 Certification Fund, a special fund created in the State
12 treasury, and shall be available, upon appropriation by the
13 General Assembly, exclusively to pay the expenses incurred
14 by the Attorney General in administering this Section. If,
15 at the conclusion of any fiscal year, the amount of fees
16 collected exceeds the amount of expenditures for that
17 purpose during that fiscal year, the surplus in the Dispute
18 Resolution Certification Fund shall be carried forward
19 into the succeeding fiscal year.
20 (2) Beginning July 1, 2020, and on or before May 1 of
21 each calendar year thereafter, every manufacturer shall
22 file with the Secretary of State a statement of the number
23 of new motor vehicles and motor homes sold, leased, or
24 otherwise distributed by or for the manufacturer in this
25 State during the preceding calendar year, and shall, upon
26 written notice delivered to the manufacturer by certified

SB1760- 27 -LRB101 10412 JLS 55518 b
1 mail, return receipt requested, pay to the Secretary of
2 State a fee, not to exceed $1 for each new motor vehicle or
3 motor home sold, leased, or distributed by or for the
4 manufacturer in this State during the preceding calendar
5 year. The total fee paid by each manufacturer shall be
6 rounded to the nearest dollar. Not more than $1 shall be
7 charged, collected, or received from any one or more
8 manufacturers pursuant to this subsection with respect to
9 the same new motor vehicle or motor home.
10 (3) The fee required by paragraph (2) is due and
11 payable not later than 30 days after the manufacturer has
12 received notice of the amount due and is delinquent after
13 that time. A penalty of 10% of the amount delinquent shall
14 be added to that amount, if the delinquency continues for
15 more than 30 days. If a manufacturer fails to file the
16 statement required by paragraph (2) by the date specified,
17 the Secretary of State shall assess the amount due from the
18 manufacturer by using as the number of new motor vehicles
19 or motor homes sold, leased, or otherwise distributed by or
20 for the manufacturer in this State during the preceding
21 calendar year the total number of new registrations of all
22 new motor vehicles or motor homes sold, leased, or
23 otherwise distributed by or for the manufacturer during the
24 preceding calendar year.
25 (4) On or before February 1 of each year, the Attorney
26 General shall notify the Secretary of State of the dollar

SB1760- 28 -LRB101 10412 JLS 55518 b
1 amount necessary to fully fund the program established by
2 this Section during the following fiscal year. The
3 Secretary of State shall use this information in
4 calculating the amounts of the fees to be collected from
5 manufacturers pursuant to this subsection.
6 (5) The Secretary of State may adopt rules to implement
7 this subsection. The rules shall include, at a minimum, a
8 formula for calculating the fee, established pursuant to
9 paragraph (2), for each new motor vehicle and motor home
10 and the total amount of fees to be collected from each
11 manufacturer.
12 As used in this subsection, "new motor vehicle" means a new
13passenger or commercial motor vehicle of a kind that is
14required to be registered under the Illinois Vehicle Code, but
15the term does not include a motorcycle, a motor home, or any
16vehicle whose gross weight exceeds 10,000 pounds.
17 Section 40. Sales and use tax reimbursement.
18 (a) Notwithstanding any applicable provisions imposing a
19tax amount on manufacturers under the Retailers' Occupation Tax
20Act, the Use Tax Act, the Service Occupation Tax Act, or the
21Service Use Tax Act, the Department of Revenue shall reimburse
22the manufacturer of a new motor vehicle or motor home for an
23amount equal to the sales tax or use tax which the manufacturer
24pays to or for the buyer or lessee when providing a replacement
25vehicle pursuant to paragraph (1) of Section 5 or includes in

SB1760- 29 -LRB101 10412 JLS 55518 b
1making restitution to the buyer or lessee pursuant to paragraph
2(2) of Section 5 when the manufacturer provides satisfactory
3proof that it has complied with subsection (c) of Section 15,
4and satisfactory proof is provided for one of the following:
5 (1) The retailer of the new motor vehicle or motor home
6 for which the manufacturer is making restitution has
7 reported and paid the sales tax on the gross receipts from
8 the sale of that motor vehicle.
9 (2) The buyer of the new motor vehicle or motor home
10 has paid the use tax on the sales price for the storage,
11 use, or other consumption of that new motor vehicle or
12 motor home in this State.
13 (3) The lessee of the new motor vehicle or motor home
14 has paid the use tax on the rentals payable from the lease
15 of that new motor vehicle or motor home.
16 (b) The Department of Revenue may adopt rules and
17regulations to carry out, facilitate compliance with, or
18prevent circumvention or evasion of this Section.
19 (c) This Section shall not change the application of the
20sales and use tax to the gross receipts, the rentals payable,
21and the sales price from the sale, lease, and the storage, use,
22or other consumption, in this State, of tangible personal
23property pursuant to the Retailers' Occupation Tax Act, the Use
24Tax Act, the Service Occupation Tax Act, or the Service Use Tax
25Act.
26 (d) The manufacturer's claim for reimbursement and the

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1Department of Revenue's approval or denial of the claim shall
2be subject to the applicable provisions under the Retailers'
3Occupation Tax Act, the Use Tax Act, the Service Occupation Tax
4Act, or the Service Use Tax Act concerning claims for a credit
5or refund of erroneously paid amounts, except provisions
6relating to accrued interest at the rate and in the manner
7specified in the Uniform Penalty and Interest Act, insofar as
8those provisions are not inconsistent with this Section.
9 (e) For purposes of this Section, the amount of use tax
10that the Department of Revenue is required to reimburse the
11manufacturer shall be limited to the amount of use tax the
12manufacturer is required to pay to or for the lessee pursuant
13to Section 5.
14 Section 45. Prohibitions.
15 (a) Any automobile manufacturer, importer, distributor,
16dealer, or lienholder who reacquires, or who assists in
17reacquiring, a new motor vehicle or motor home, whether by
18judgment, decree, arbitration award, settlement agreement, or
19voluntary agreement, is prohibited from doing either of the
20following:
21 (1) Requiring, as a condition of the reacquisition of
22 the new motor vehicle or motor home, that a buyer or lessee
23 who is a resident of this State agree not to disclose the
24 problems with the new motor vehicle or motor home
25 experienced by the buyer or lessee or the nonfinancial

SB1760- 31 -LRB101 10412 JLS 55518 b
1 terms of the reacquisition.
2 (2) Including, in any release or other agreement,
3 whether prepared by the manufacturer, importer,
4 distributor, dealer, or lienholder, for signature by the
5 buyer or lessee, a confidentiality clause, gag clause, or
6 similar clause prohibiting the buyer or lessee from
7 disclosing information to anyone about the problems with
8 the new motor vehicle or motor home, or the nonfinancial
9 terms of the reacquisition of the new motor vehicle or
10 motor home by the manufacturer, importer, distributor,
11 dealer, or lienholder.
12 (b) Any confidentiality clause, gag clause, or similar
13clause in such a release or other agreement in violation of
14this Section shall be null and void as against the public
15policy of this State.
16 (c) Nothing in this Section is intended to prevent any
17confidentiality clause, gag clause, or similar clause
18regarding the financial terms of the reacquisition of the new
19motor vehicle or motor home.
20 Section 900. The State Finance Act is amended by adding
21Section 5.891 as follows:
22 (30 ILCS 105/5.891 new)
23 Sec. 5.891. The Motor Vehicle Dispute Resolution
24Certification Fund.

SB1760- 32 -LRB101 10412 JLS 55518 b
1 Section 905. The Retailers' Occupation Tax Act is amended
2by changing Section 6 as follows:
3 (35 ILCS 120/6) (from Ch. 120, par. 445)
4 Sec. 6. Credit memorandum or refund. If it appears, after
5claim therefor filed with the Department, that an amount of tax
6or penalty or interest has been paid which was not due under
7this Act, whether as the result of a mistake of fact or an
8error of law, except as hereinafter provided, then the
9Department shall issue a credit memorandum or refund to the
10person who made the erroneous payment or, if that person died
11or became a person under legal disability, to his or her legal
12representative, as such. For purposes of this Section, the tax
13is deemed to be erroneously paid by a retailer when the
14manufacturer of a new motor vehicle or motor home sold by the
15retailer accepts the return of that new motor vehicle or motor
16home automobile and refunds to the purchaser the selling price
17of that new motor vehicle or motor home as provided in the New
18Vehicle Buyer Protection Act of 2019. When a new motor vehicle
19or motor home is returned for a refund of the purchase price
20under the New Vehicle Buyer Protection Act of 2019, the
21Department shall issue a credit memorandum or a refund for the
22amount of tax paid by the retailer under this Act attributable
23to the initial sale of that new motor vehicle or motor home.
24Claims submitted by the retailer are subject to the same

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1restrictions and procedures provided for in this Act. If it is
2determined that the Department should issue a credit memorandum
3or refund, the Department may first apply the amount thereof
4against any tax or penalty or interest due or to become due
5under this Act or under the Use Tax Act, the Service Occupation
6Tax Act, the Service Use Tax Act, any local occupation or use
7tax administered by the Department, Section 4 of the Water
8Commission Act of 1985, subsections (b), (c) and (d) of Section
95.01 of the Local Mass Transit District Act, or subsections
10(e), (f) and (g) of Section 4.03 of the Regional Transportation
11Authority Act, from the person who made the erroneous payment.
12If no tax or penalty or interest is due and no proceeding is
13pending to determine whether such person is indebted to the
14Department for tax or penalty or interest, the credit
15memorandum or refund shall be issued to the claimant; or (in
16the case of a credit memorandum) the credit memorandum may be
17assigned and set over by the lawful holder thereof, subject to
18reasonable rules of the Department, to any other person who is
19subject to this Act, the Use Tax Act, the Service Occupation
20Tax Act, the Service Use Tax Act, any local occupation or use
21tax administered by the Department, Section 4 of the Water
22Commission Act of 1985, subsections (b), (c) and (d) of Section
235.01 of the Local Mass Transit District Act, or subsections
24(e), (f) and (g) of Section 4.03 of the Regional Transportation
25Authority Act, and the amount thereof applied by the Department
26against any tax or penalty or interest due or to become due

SB1760- 34 -LRB101 10412 JLS 55518 b
1under this Act or under the Use Tax Act, the Service Occupation
2Tax Act, the Service Use Tax Act, any local occupation or use
3tax administered by the Department, Section 4 of the Water
4Commission Act of 1985, subsections (b), (c) and (d) of Section
55.01 of the Local Mass Transit District Act, or subsections
6(e), (f) and (g) of Section 4.03 of the Regional Transportation
7Authority Act, from such assignee. However, as to any claim for
8credit or refund filed with the Department on and after each
9January 1 and July 1 no amount of tax or penalty or interest
10erroneously paid (either in total or partial liquidation of a
11tax or penalty or amount of interest under this Act) more than
123 years prior to such January 1 and July 1, respectively, shall
13be credited or refunded, except that if both the Department and
14the taxpayer have agreed to an extension of time to issue a
15notice of tax liability as provided in Section 4 of this Act,
16such claim may be filed at any time prior to the expiration of
17the period agreed upon.
18 No claim may be allowed for any amount paid to the
19Department, whether paid voluntarily or involuntarily, if paid
20in total or partial liquidation of an assessment which had
21become final before the claim for credit or refund to recover
22the amount so paid is filed with the Department, or if paid in
23total or partial liquidation of a judgment or order of court.
24No credit may be allowed or refund made for any amount paid by
25or collected from any claimant unless it appears (a) that the
26claimant bore the burden of such amount and has not been

SB1760- 35 -LRB101 10412 JLS 55518 b
1relieved thereof nor reimbursed therefor and has not shifted
2such burden directly or indirectly through inclusion of such
3amount in the price of the tangible personal property sold by
4him or her or in any manner whatsoever; and that no
5understanding or agreement, written or oral, exists whereby he
6or she or his or her legal representative may be relieved of
7the burden of such amount, be reimbursed therefor or may shift
8the burden thereof; or (b) that he or she or his or her legal
9representative has repaid unconditionally such amount to his or
10her vendee (1) who bore the burden thereof and has not shifted
11such burden directly or indirectly, in any manner whatsoever;
12(2) who, if he or she has shifted such burden, has repaid
13unconditionally such amount to his own vendee; and (3) who is
14not entitled to receive any reimbursement therefor from any
15other source than from his or her vendor, nor to be relieved of
16such burden in any manner whatsoever. No credit may be allowed
17or refund made for any amount paid by or collected from any
18claimant unless it appears that the claimant has
19unconditionally repaid, to the purchaser, any amount collected
20from the purchaser and retained by the claimant with respect to
21the same transaction under the Use Tax Act.
22 Any credit or refund that is allowed under this Section
23shall bear interest at the rate and in the manner specified in
24the Uniform Penalty and Interest Act.
25 In case the Department determines that the claimant is
26entitled to a refund, such refund shall be made only from such

SB1760- 36 -LRB101 10412 JLS 55518 b
1appropriation as may be available for that purpose. If it
2appears unlikely that the amount appropriated would permit
3everyone having a claim allowed during the period covered by
4such appropriation to elect to receive a cash refund, the
5Department, by rule or regulation, shall provide for the
6payment of refunds in hardship cases and shall define what
7types of cases qualify as hardship cases.
8 If a retailer who has failed to pay retailers' occupation
9tax on gross receipts from retail sales is required by the
10Department to pay such tax, such retailer, without filing any
11formal claim with the Department, shall be allowed to take
12credit against such retailers' occupation tax liability to the
13extent, if any, to which such retailer has paid an amount
14equivalent to retailers' occupation tax or has paid use tax in
15error to his or her vendor or vendors of the same tangible
16personal property which such retailer bought for resale and did
17not first use before selling it, and no penalty or interest
18shall be charged to such retailer on the amount of such credit.
19However, when such credit is allowed to the retailer by the
20Department, the vendor is precluded from refunding any of that
21tax to the retailer and filing a claim for credit or refund
22with respect thereto with the Department. The provisions of
23this amendatory Act shall be applied retroactively, regardless
24of the date of the transaction.
25(Source: P.A. 91-901, eff. 1-1-01.)

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1 Section 910. The Illinois Vehicle Code is amended by
2changing Section 5-104.2 as follows:
3 (625 ILCS 5/5-104.2)
4 Sec. 5-104.2. Nonconforming vehicles; sale.
5 (a) Every manufacturer shall be prohibited from reselling
6any new motor vehicle or motor home that has been finally
7ordered, determined, or adjudicated as having a nonconformity
8under the New Vehicle Buyer Protection Act, the New Vehicle
9Buyer Protection Act of 2019, or a similar law of any state,
10territory, or country, and that the manufacturer repurchased or
11replaced because of the nonconformity, unless the manufacturer
12has corrected the nonconformity and issues a disclosure
13statement prior to resale stating that the new motor vehicle or
14motor home was repurchased or replaced under the New Vehicle
15Buyer Protection Act, the New Vehicle Buyer Protection Act of
162019, or similar law of any other state, territory, or country;
17identifying the nonconformity; and warranting that the
18nonconformity has been corrected. The disclosure statement
19must accompany the new motor vehicle or motor home through the
20first retail purchase.
21 (b) "Nonconformity" refers to a new motor vehicle's or
22motor home's failure to conform to all written express
23warranties applicable to the new motor vehicle or motor home,
24which failure substantially impairs the use, market value, or
25safety of the new motor vehicle or motor home.

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1 (c) The disclosure statement referred to in subsection (a)
2shall be in substantially the same form as below:
3
"IMPORTANT
4 Vehicle Identification Number (VIN): (Insert VIN Number);
5 Year: (Insert Year); Make (Insert Make); Model: (Insert
6 Model). This vehicle was previously sold as new. It was
7 subsequently ordered as having a nonconformity by final
8 decision of court proceeding or State run arbitration. It
9 was subsequently repurchased by its manufacturer because
10 it did not conform to the manufacturer's written express
11 warranty and the nonconformity was not cured within a
12 reasonable time as provided by Illinois law. The following
13 nonconformities have been corrected (a minimum of 5
14 numbered lines shall be provided to describe the
15 nonconformity or nonconformities)."
16The customer shall sign the disclosure statement. This
17disclosure language shall be in at least 8-point type.
18(Source: P.A. 88-415.)
19 (815 ILCS 380/Act rep.)
20 Section 915. The New Vehicle Buyer Protection Act is
21repealed.
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