Public Act 095-0802
 		





SB2422 Enrolled
LRB095 19741 LCT 46111 b






    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 
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.

    (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 
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. 89-375, eff. 8-18-95.)