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92_HB1041sam001
LRB9201961DHmbam01
1 AMENDMENT TO HOUSE BILL 1041
2 AMENDMENT NO. . Amend House Bill 1041 as follows:
3 on page 1, by replacing lines 5 and 6 with the following:
4 "changing Sections 2-118.1, 5-103, 6-117, 6-118, 6-204,
5 6-206, 6-208, and 7-604 as follows:"; and
6 on page 3, below line 10, by inserting the following:
7 "(625 ILCS 5/5-103) (from Ch. 95 1/2, par. 5-103)
8 Sec. 5-103. (a) Every new vehicle manufacturer shall
9 specify the delivery and preparation obligations of its
10 vehicle dealers prior to delivery of new vehicles to retail
11 buyers. A copy of the delivery and preparation obligations of
12 its dealers shall be filed with the Secretary of State by
13 every vehicle manufacturer and shall constitute the vehicle
14 dealer's only responsibility for product liability as between
15 the dealer and the manufacturer. A manufacturer's product or
16 warranty liability to the dealer shall extend to any
17 mechanical, body or parts defect constituting a breach of any
18 express or implied warranty of the manufacturer. The
19 manufacturer shall reasonably compensate any authorized
20 dealer who rectifies a defect which constitutes a breach of
21 any express or implied warranty of the manufacturer and for
22 preparation and delivery obligations. Every dealer shall
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1 perform the preparation and get ready services specified by
2 the manufacturer to be performed prior to the delivery of the
3 new vehicle to the buyer.
4 (b) The owner of the vehicle may cause the vehicle to be
5 inspected according to this Section and have the original
6 manufacturer's warranty reinstated if the vehicle is a theft
7 recovery that has been salvaged and is recovered without
8 structural damage or missing essential parts, excluding
9 wheels, damage to the steering column, and radios provided
10 the owner:
11 (1) Submits the vehicle to a franchised dealer for
12 a complete inspection, including fluids, frame, essential
13 parts, and other items deemed by the manufacturer as
14 essential for verification of the condition of the
15 vehicle at the time of recovery.
16 (2) Submits a copy of the police recovery report to
17 the inspecting dealer.
18 (3) Paid the inspection fee charged by the
19 franchised dealer.
20 The manufacturer shall reinstate the original
21 manufacturer's warranty if a vehicle is certified by a
22 franchised dealer as having complied with the provisions of
23 this Section. The manufacturer shall, in addition to
24 reinstating the warranty, provide the owner with a written
25 statement indicating that the original manufacturer's
26 warranty has been reinstated.
27 (c) Any licensed vehicle dealer that offers, provides or
28 sells in-house and or self-insured extended warranties or
29 service contracts, other than those of the vehicle
30 manufacturer, shall retain adequate reserves or insurance for
31 the protection of the purchasing consumer. The Secretary of
32 State shall provide by rule and regulation for the
33 implementation of this requirement.
34 Nothing in this Section shall affect a cause of action a
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1 buyer may have against a dealer or manufacturer under present
2 applicable statutory or case law.
3 (Source: P.A. 89-189, eff. 1-1-96.)"; and
4 on page 25, below line 29, by inserting the following:
5 "(625 ILCS 5/7-604) (from Ch. 95 1/2, par. 7-604)
6 Sec. 7-604. Verification of liability insurance policy.
7 (a) The Secretary of State may select random samples of
8 registrations of motor vehicles subject to Section 7-601 of
9 this Code, or owners thereof, for the purpose of verifying
10 whether or not the motor vehicles are insured.
11 In addition to such general random samples of motor
12 vehicle registrations, the Secretary may select for
13 verification other random samples, including, but not limited
14 to registrations of motor vehicles owned by persons:
15 (1) whose motor vehicle registrations during the
16 preceding 4 years have been suspended pursuant to Section
17 7-606 or 7-607 of this Code;
18 (2) who during the preceding 4 years have been
19 convicted of violating Section 3-707, 3-708 or 3-710 of
20 this Code while operating vehicles owned by other
21 persons;
22 (3) whose driving privileges have been suspended
23 during the preceding 4 years;
24 (4) who during the preceding 4 years acquired
25 ownership of motor vehicles while the registrations of
26 such vehicles under the previous owners were suspended
27 pursuant to Section 7-606 or 7-607 of this Code; or
28 (5) who during the preceding 4 years have received
29 a disposition of supervision under subsection (c) of
30 Section 5-6-1 of the Unified Code of Corrections for a
31 violation of Section 3-707, 3-708, or 3-710 of this Code.
32 (b) Upon receiving certification from the Department of
33 Transportation under Section 7-201.2 of this Code of the name
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1 of an owner or operator of any motor vehicle involved in an
2 accident, the Secretary may verify whether or not at the time
3 of the accident such motor vehicle was covered by a liability
4 insurance policy in accordance with Section 7-601 of this
5 Code.
6 (c) In preparation for selection of random samples and
7 their verification, the Secretary may send to owners of
8 randomly selected motor vehicles, or to randomly selected
9 motor vehicle owners, requests for information about their
10 motor vehicles and liability insurance coverage. The request
11 shall require the owner to state whether or not the motor
12 vehicle was insured on the verification date stated in the
13 Secretary's request and the request may require, but is not
14 limited to, a statement by the owner of the names and
15 addresses of insurers, policy numbers, and expiration dates
16 of insurance coverage.
17 (d) Within 30 days after the Secretary mails a request,
18 the owner to whom it is sent shall furnish the requested
19 information to the Secretary above the owner's signed
20 affirmation that such information is true and correct. Proof
21 of insurance in effect on the verification date, as
22 prescribed by the Secretary, may be considered by the
23 Secretary to be a satisfactory response to the request for
24 information.
25 Any owner whose response indicates that his or her
26 vehicle was not covered by a liability insurance policy in
27 accordance with Section 7-601 of this Code shall be deemed to
28 have registered or maintained registration of a motor vehicle
29 in violation of that Section. Any owner who fails to respond
30 to such a request shall be deemed to have registered or
31 maintained registration of a motor vehicle in violation of
32 Section 7-601 of this Code.
33 (e) If the owner responds to the request for information
34 by asserting that his or her vehicle was covered by a
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1 liability insurance policy on the verification date stated in
2 the Secretary's request, the Secretary may conduct a
3 verification of the response by furnishing necessary
4 information to the insurer named in the response. The
5 insurer shall within 45 30 days inform the Secretary whether
6 or not on the verification date stated the motor vehicle was
7 insured by the insurer in accordance with Section 7-601 of
8 this Code. The Secretary may by rule and regulation prescribe
9 the procedures for verification.
10 (f) No random sample selected under this Section shall
11 be categorized on the basis of race, color, religion, sex,
12 national origin, ancestry, age, marital status, physical or
13 mental disability, economic status or geography.
14 (Source: P.A. 88-315; 88-685, eff. 1-24-95.)".