Illinois General Assembly

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 Bill Status of HB4377  99th General Assembly


Short Description:  CONSUMER FRAUD-USED VEHICLES

House Sponsors
Rep. Rita Mayfield, Eddie Lee Jackson, Sr., Cynthia Soto, Silvana Tabares, Elizabeth Hernandez, John C. D'Amico and Robert Martwick

Senate Sponsors
(Sen. Terry Link )

Last Action
DateChamber Action
  8/12/2016HousePublic Act . . . . . . . . . 99-0768

Statutes Amended In Order of Appearance
815 ILCS 505/2Lfrom Ch. 121 1/2, par. 262L


Synopsis As Introduced
Amends the Consumer Fraud and Deceptive Business Practices Act. Removes provisions requiring all new and used motor vehicle dealers to pay a percentage of certain repairs for power train components. Adds provisions regarding used motor vehicle dealers and auction companies. Provides that used motor vehicle dealers and certain auction companies may not exclude, modify, or disclaim an implied warranty of merchantability before the expiration of the 15th calendar day after delivery of the used motor vehicle or before the used motor vehicle is driven 500 miles after delivery, whichever occurs first. Exempts the sale of antique and collector vehicles from the new provisions. Provides that an implied warranty of merchantability does not extend to damage that occurs after the sale of the used motor vehicle that results from certain conduct, including: off-road use, racing, neglect, and failure to perform regular maintenance. Sets forth remedies and defenses.

House Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes: Provides that any retail sale of a used motor vehicle made to a consumer by a licensed vehicle dealer within the meaning of certain provisions of the Illinois Vehicle Code or by an auction company at an auction that is open to the general public (instead of any retail sale of a motor vehicle made to a consumer by a used motor vehicle dealer within the meaning of certain provisions of the Illinois Vehicle Code) is made subject to the provisions limiting modifications to or a disclaimer of an implied warranty of merchantability. Provides that if the implied warranty of merchantability is breached, the consumer shall give reasonable notice to the seller no later than 5 business days after the end of the statutory warranty period (instead of if the implied warranty of merchantability is breached, the consumer shall give reasonable notice to the seller within 15 days after the date of the breach). Provides that an implied warranty of merchantability is met if a used motor vehicle functions free of a defect in a Power Train component (instead of an implied warranty of merchantability is met if a used motor vehicle functions substantially free of a defect that significantly limits the use of the used motor vehicle for the ordinary purpose of transportation on any public highway). Defines "Power Train component". Makes changes to provisions concerning: (i) the language required in a disclosure statement within an agreement for the sale of a used motor vehicle and (ii) express or implied warranties other than the 15 day, 500 mile implied warranty of merchantability. Removes a provision concerning remedies for an aggrieved consumer or seller.

Senate Committee Amendment No. 1
Provides that certain described sales of used motor vehicles, rather than certain sales of used motor vehicles by licensed motor vehicle dealers and auction companies, may not exclude implied warranties of merchantability or limit remedies for breach before midnight of the 15th calendar day after delivery of the vehicle.

Senate Floor Amendment No. 2
Replaces everything after the enacting clause. Reinserts the introduced bill with the following changes: Provides that any retail sale of a used motor vehicle made to a consumer by a licensed vehicle dealer within the meaning of certain provisions of the Illinois Vehicle Code or by an auction company at an auction that is open to the general public (instead of any retail sale of a motor vehicle made to a consumer by a used motor vehicle dealer within the meaning of certain provisions of the Illinois Vehicle Code) is made subject to the provisions limiting modifications to or a disclaimer of an implied warranty of merchantability. Provides that if the implied warranty of merchantability is breached, the consumer shall give reasonable notice to the seller no later than 2 business days after the end of the statutory warranty period (instead of if the implied warranty of merchantability is breached, the consumer shall give reasonable notice to the seller within 15 days after the date of the breach). Provides that an implied warranty of merchantability is met if a used motor vehicle functions free of a defect in a power train component (instead of an implied warranty of merchantability is met if a used motor vehicle functions substantially free of a defect that significantly limits the use of the used motor vehicle for the ordinary purpose of transportation on any public highway). Defines "power train component". Makes changes to provisions concerning: (i) the language required in a disclosure statement within an agreement for the sale of a used motor vehicle and (ii) express or implied warranties other than the 15-day, 500-mile implied warranty of merchantability. Removes a provision concerning remedies for an aggrieved consumer or seller. Excludes vehicles with more than 185,000 miles. Provides for a consumer payment of $100 for each repair; however, the consumer is only responsible for a maximum payment of $100 if the consumer brings in the vehicle for a second repair for the same defect. Authorizes waiver of warranty for specific defects including with respect to rebuilt or flood-branded titled vehicles. Effective July 1, 2017.

Senate Floor Amendment No. 3
Excludes from coverage vehicles with more than 150,000 miles at the time of sale and vehicles with titles that have been branded "rebuilt" or "flood".

Actions 
DateChamber Action
  1/4/2016HouseFiled with the Clerk by Rep. Rita Mayfield
  1/14/2016HouseFirst Reading
  1/14/2016HouseReferred to Rules Committee
  3/23/2016HouseAssigned to Consumer Protection Committee
  3/31/2016HouseHouse Committee Amendment No. 1 Filed with Clerk by Rep. Rita Mayfield
  3/31/2016HouseHouse Committee Amendment No. 1 Referred to Rules Committee
  4/4/2016HouseHouse Committee Amendment No. 1 Rules Refers to Consumer Protection Committee
  4/4/2016HouseDo Pass / Short Debate Consumer Protection Committee; 015-000-000
  4/4/2016HouseHouse Committee Amendment No. 1 Tabled Pursuant to Rule 40
  4/5/2016HousePlaced on Calendar 2nd Reading - Short Debate
  4/6/2016HouseHouse Floor Amendment No. 2 Filed with Clerk by Rep. Rita Mayfield
  4/6/2016HouseHouse Floor Amendment No. 2 Referred to Rules Committee
  4/6/2016HouseHouse Floor Amendment No. 2 Rules Refers to Consumer Protection Committee
  4/7/2016HouseAdded Co-Sponsor Rep. Eddie Lee Jackson, Sr.
  4/7/2016HouseHouse Floor Amendment No. 2 Recommends Be Adopted Consumer Protection Committee; 010-001-000
  4/15/2016HouseSecond Reading - Short Debate
  4/15/2016HouseHeld on Calendar Order of Second Reading - Short Debate
  4/19/2016HouseHouse Floor Amendment No. 2 Adopted
  4/19/2016HousePlaced on Calendar Order of 3rd Reading - Short Debate
  4/19/2016HouseAdded Co-Sponsor Rep. Cynthia Soto
  4/19/2016HouseAdded Co-Sponsor Rep. Silvana Tabares
  4/19/2016HouseAdded Co-Sponsor Rep. Elizabeth Hernandez
  4/19/2016HouseAdded Co-Sponsor Rep. John C. D'Amico
  4/19/2016HouseAdded Co-Sponsor Rep. Robert Martwick
  4/20/2016HouseThird Reading - Short Debate - Passed 069-044-001
  4/20/2016SenateArrive in Senate
  4/20/2016SenatePlaced on Calendar Order of First Reading
  4/20/2016SenateChief Senate Sponsor Sen. Terry Link
  4/20/2016SenateFirst Reading
  4/20/2016SenateReferred to Assignments
  5/3/2016SenateAssigned to Transportation
  5/6/2016SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. Terry Link
  5/6/2016SenateSenate Committee Amendment No. 1 Referred to Assignments
  5/10/2016SenateSenate Committee Amendment No. 1 Assignments Refers to Transportation
  5/10/2016SenateSenate Committee Amendment No. 1 Adopted
  5/11/2016SenateDo Pass as Amended Transportation; 011-005-000
  5/11/2016SenatePlaced on Calendar Order of 2nd Reading May 12, 2016
  5/18/2016SenateSecond Reading
  5/18/2016SenatePlaced on Calendar Order of 3rd Reading May 19, 2016
  5/20/2016SenateSenate Floor Amendment No. 2 Filed with Secretary by Sen. Terry Link
  5/20/2016SenateSenate Floor Amendment No. 2 Referred to Assignments
  5/24/2016SenateSenate Floor Amendment No. 2 Assignments Refers to Transportation
  5/25/2016SenateSenate Floor Amendment No. 2 Recommend Do Adopt Transportation; 011-003-000
  5/26/2016SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. Terry Link
  5/26/2016SenateSenate Floor Amendment No. 3 Referred to Assignments
  5/26/2016SenateSenate Floor Amendment No. 3 Be Approved for Consideration Assignments
  5/27/2016SenateRecalled to Second Reading
  5/27/2016SenateSenate Floor Amendment No. 2 Adopted; Link
  5/27/2016SenateSenate Floor Amendment No. 3 Adopted; Link
  5/27/2016SenatePlaced on Calendar Order of 3rd Reading
  5/27/2016SenateThird Reading - Passed; 051-000-000
  5/29/2016HouseArrived in House
  5/29/2016HousePlaced on Calendar Order of Concurrence Senate Amendment(s) 1, 2, 3
  5/30/2016HouseSenate Committee Amendment No. 1 Motion Filed Concur Rep. Rita Mayfield
  5/30/2016HouseSenate Floor Amendment No. 2 Motion Filed Concur Rep. Rita Mayfield
  5/30/2016HouseSenate Floor Amendment No. 3 Motion Filed Concur Rep. Rita Mayfield
  5/30/2016HouseSenate Committee Amendment No. 1 Motion to Concur Referred to Rules Committee
  5/30/2016HouseSenate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee
  5/30/2016HouseSenate Floor Amendment No. 3 Motion to Concur Referred to Rules Committee
  5/30/2016HouseSenate Committee Amendment No. 1 Motion to Concur Rules Referred to Consumer Protection Committee
  5/30/2016HouseSenate Floor Amendment No. 2 Motion to Concur Rules Referred to Consumer Protection Committee
  5/30/2016HouseSenate Floor Amendment No. 3 Motion to Concur Rules Referred to Consumer Protection Committee
  5/31/2016HouseSenate Committee Amendment No. 1 Motion to Concur Recommends Be Adopted Consumer Protection Committee; 016-000-000
  5/31/2016HouseSenate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Consumer Protection Committee; 016-000-000
  5/31/2016HouseSenate Floor Amendment No. 3 Motion to Concur Recommends Be Adopted Consumer Protection Committee; 016-000-000
  5/31/2016HouseSenate Committee Amendment No. 1 House Concurs 118-000-000
  5/31/2016HouseSenate Floor Amendment No. 2 House Concurs 118-000-000
  5/31/2016HouseSenate Floor Amendment No. 3 House Concurs 118-000-000
  5/31/2016HouseHouse Concurs
  5/31/2016HousePassed Both Houses
  6/27/2016HouseSent to the Governor
  8/12/2016HouseGovernor Approved
  8/12/2016HouseEffective Date July 1, 2017
  8/12/2016HousePublic Act . . . . . . . . . 99-0768

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