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92_HB0933ham001
LRB9201962LDtmam
1 AMENDMENT TO HOUSE BILL 933
2 AMENDMENT NO.__. Amend House Bill 933 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Illinois Vehicle Code is amended by
5 changing Section 5-103 as follows:
6 (625 ILCS 5/5-103) (from Ch. 95 1/2, par. 5-103)
7 Sec. 5-103. (a) Every new vehicle manufacturer shall
8 specify the delivery and preparation obligations of its
9 vehicle dealers prior to delivery of new vehicles to retail
10 buyers. A copy of the delivery and preparation obligations of
11 its dealers shall be filed with the Secretary of State by
12 every vehicle manufacturer and shall constitute the vehicle
13 dealer's only responsibility for product liability as between
14 the dealer and the manufacturer. A manufacturer's product or
15 warranty liability to the dealer shall extend to any
16 mechanical, body or parts defect constituting a breach of any
17 express or implied warranty of the manufacturer. The
18 manufacturer shall reasonably compensate any authorized
19 dealer who rectifies a defect which constitutes a breach of
20 any express or implied warranty of the manufacturer and for
21 preparation and delivery obligations. Every dealer shall
22 perform the preparation and get ready services specified by
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1 the manufacturer to be performed prior to the delivery of the
2 new vehicle to the buyer.
3 (b) The owner of the vehicle may cause the vehicle to be
4 inspected according to this Section and have the original
5 manufacturer's warranty reinstated if the vehicle is a theft
6 recovery that has been salvaged and is recovered without
7 structural damage or missing essential parts, excluding
8 wheels, damage to the steering column, and radios provided
9 the owner:
10 (1) Submits the vehicle to a franchised dealer for
11 a complete inspection, including fluids, frame, essential
12 parts, and other items deemed by the manufacturer as
13 essential for verification of the condition of the
14 vehicle at the time of recovery.
15 (2) Submits a copy of the police recovery report to
16 the inspecting dealer.
17 (3) Paid the inspection fee charged by the
18 franchised dealer.
19 The manufacturer shall reinstate the original
20 manufacturer's warranty if a vehicle is certified by a
21 franchised dealer as having complied with the provisions of
22 this Section. The manufacturer shall, in addition to
23 reinstating the warranty, provide the owner with a written
24 statement indicating that the original manufacturer's
25 warranty has been reinstated.
26 (c) Any licensed vehicle dealer that offers, provides or
27 sells in-house and or self-insured extended warranties or
28 service contracts, other than those of the vehicle
29 manufacturer, shall retain adequate reserves or insurance for
30 the protection of the purchasing consumer. The Secretary of
31 State shall provide by rule and regulation for the
32 implementation of this requirement.
33 Nothing in this Section shall affect a cause of action a
34 buyer may have against a dealer or manufacturer under present
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1 applicable statutory or case law.
2 (Source: P.A. 89-189, eff. 1-1-96.)
3 Section 99. Effective date. This Act takes effect upon
4 becoming law.".