Illinois 100th Regular Session Status: Enacted 1 D cosponsors

HB 1560 — BUSINESS-TECH

Last action — Public Act . . . . . . . . . 100-0004

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2017. Enacted.

Prognosis

Likely to advance 72% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Amends the Illinois Securities Law of 1953. Makes a technical change in a Section concerning definitions.

Bill Text

What changed in the latest version

187 added · 173 removed

Plain-language change summary

In the updated version of Bill HB 1560, the criteria outlining which vehicles are exempt from certain warranty regulations have been expanded. Specifically, the clarifications now include provisions for vehicles with a gross weight over 8,000 pounds and antique or collector vehicles. Additionally, the bill now specifies that these warranty rules do not apply if a dealer provides a warranty equal to or better than the minimum required. These changes are important because they offer more clarity on consumer protections when purchasing used vehicles, potentially affecting the quality of sales in the market.

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HB1560 Engrossed LRB100 03434 JLS 13439 b AN ACT concerning business.
HB1560 Enrolled LRB100 03434 JLS 13439 b AN ACT concerning business.
(3) in the case of a motor vehicle which is 3 or more, but HB1560 Engrossed - 2 - LRB100 03434 JLS 13439 b less than 4 years old, 10%;
(3) in the case of a motor vehicle which is 3 or more, but HB1560 Enrolled - 2 - LRB100 03434 JLS 13439 b less than 4 years old, 10%;
(e) The age of the vehicle shall be measured according to the manufacturer's model year designation as shown on the HB1560 Engrossed - 3 - LRB100 03434 JLS 13439 b Certificate of Title or Registration Certificate.
(e) The age of the vehicle shall be measured according to the manufacturer's model year designation as shown on the HB1560 Enrolled - 3 - LRB100 03434 JLS 13439 b Certificate of Title or Registration Certificate.
(a) Any retail sale of a used motor vehicle made after the effective date of this amendatory Act of the 99th General Assembly to a consumer by a licensed vehicle dealer within the meaning of Chapter 5 of the Illinois Vehicle Code or by an HB1560 Engrossed - 4 - LRB100 03434 JLS 13439 b auction company at an auction that is open to the general public is made subject to this Section.
(a) Any retail sale of a used motor vehicle made after the effective date of this amendatory Act of the 99th General Assembly to a consumer by a licensed vehicle dealer within the meaning of Chapter 5 of the Illinois Vehicle Code or by an HB1560 Enrolled - 4 - LRB100 03434 JLS 13439 b auction company at an auction that is open to the general public is made subject to this Section.
(b) This Section does not apply to vehicles with more than 150,000 miles at the time of sale.
(b) This Section does not apply to any of the following:
In addition, this Section does not apply to vehicles with titles that have been branded "rebuilt" or "flood".
(1) a vehicle vehicles with more than 150,000 miles at the time of sale;.
(c) Any sale of a used motor vehicle as described in subsection (a) may not exclude, modify, or disclaim the implied warranty of merchantability prescribed in Section 2-314 of the Uniform Commercial Code or limit the remedies for a breach of the warranty before midnight of the 15th calendar day after delivery of a used motor vehicle or until a used motor vehicle is driven 500 miles after delivery, whichever is earlier.
In addition, this Section does not apply to (2) a vehicle vehicles with a title titles that has have been branded "rebuilt" or "flood";.
(3) a vehicle with a gross vehicle weight rating of 8,000 pounds or more;
or (4) a vehicle that is an antique vehicle, as defined in the Illinois Vehicle Code, or that is a collector motor vehicle.
(b-5) This Section does not apply to the sale of any vehicle for which the dealer offers an express warranty that provides coverage that is equal to or greater than the limited implied warranty of merchantability required under this Section 2L.
(c) Except as otherwise provided in this Section 2L, any Any sale of a used motor vehicle as described in subsection (a) may not exclude, modify, or disclaim the implied warranty of merchantability created under this Section 2L prescribed in Section 2-314 of the Uniform Commercial Code or limit the remedies for a breach of the warranty hereunder before midnight of the 15th calendar day after delivery of a used motor vehicle or until a used motor vehicle is driven 500 miles after HB1560 Enrolled - 5 - LRB100 03434 JLS 13439 b delivery, whichever is earlier.
(d) An implied warranty of merchantability is met if a used HB1560 Engrossed - 5 - LRB100 03434 JLS 13439 b motor vehicle functions free of a defect in a power train component.
(d) An implied warranty of merchantability is met if a used motor vehicle functions for the purpose of ordinary transportation on the public highway and substantially free of a defect in a power train component.
In calculating time, a day on which the implied warranty of merchantability is breached is excluded and all subsequent days in which the used motor vehicle fails to conform with the warranty are also excluded.
In calculating time, a day on which the implied warranty of merchantability is HB1560 Enrolled - 6 - LRB100 03434 JLS 13439 b breached is excluded and all subsequent days in which the used motor vehicle fails to conform with the warranty are also excluded.
HB1560 Engrossed - 6 - LRB100 03434 JLS 13439 b (6) neglect;
(6) neglect;
The consumer shall pay one-half of the cost of the first 2 repairs necessary to bring the used motor vehicle into compliance with the warranty.
The consumer shall pay one-half of the cost of the first 2 repairs necessary to bring HB1560 Enrolled - 7 - LRB100 03434 JLS 13439 b the used motor vehicle into compliance with the warranty.
(3) in writing to the seller's address provided on the seller's bill of sale for the purchase of the motor HB1560 Engrossed - 7 - LRB100 03434 JLS 13439 b vehicle;
(3) in writing to the seller's address provided on the seller's bill of sale for the purchase of the motor vehicle;
(h) An agreement for the sale of a used motor vehicle subject to this Section is voidable at the option of the consumer, unless it contains on its face or in a separate document the following conspicuous statement printed in boldface 10-point or larger type set off from the body of the agreement:
(h) An agreement for the sale of a used motor vehicle subject to this Section is voidable at the option of the consumer, unless it contains on its face or in a separate document the following conspicuous statement printed in HB1560 Enrolled - 8 - LRB100 03434 JLS 13439 b boldface 10-point or larger type set off from the body of the agreement:
(i) The inclusion in the agreement of the statement HB1560 Engrossed - 8 - LRB100 03434 JLS 13439 b prescribed in subsection (h) of this Section does not create an express warranty.
(i) The inclusion in the agreement of the statement prescribed in subsection (h) of this Section does not create an express warranty.
(2) the consumer agrees to buy the used motor vehicle after disclosure of the defect;
(2) the consumer agrees to buy the used motor vehicle HB1560 Enrolled - 9 - LRB100 03434 JLS 13439 b after disclosure of the defect;
(k) It shall be an affirmative defense to any claim under HB1560 Engrossed - 9 - LRB100 03434 JLS 13439 b this Section that:
(k) It shall be an affirmative defense to any claim under this Section that:
(l) Other than the 15-day, 500-mile implied warranty of merchantability identified herein, a seller subject to this Section is not required to provide any further express or implied warranties to a purchasing consumer unless:
(l) Other than the 15-day, 500-mile implied warranty of merchantability identified herein, a seller subject to this Section is not required to provide any further express or HB1560 Enrolled - 10 - LRB100 03434 JLS 13439 b implied warranties to a purchasing consumer unless:
7-1-17.) HB1560 Engrossed - 10 - LRB100 03434 JLS 13439 b Section 95.
7-1-17.) Section 95.
This Act takes effect upon becoming law.
This Act takes effect July 1, 2017.
View plain text versions (3)

Action History

  1. Public Act . . . . . . . . . 100-0004

  2. Effective Date July 1, 2017

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. House Concurs

  7. 3/5 Vote Required

  8. Senate Floor Amendment No. 2 House Concurs 096-000-000

  9. Senate Floor Amendment No. 1 House Concurs 096-000-000

  10. Senate Floor Amendment No. 2 Motion to Concur Recommends Be Adopted Consumer Protection Committee; 005-000-000

  11. Senate Floor Amendment No. 1 Motion to Concur Recommends Be Adopted Consumer Protection Committee; 005-000-000

  12. Senate Floor Amendment No. 2 Motion to Concur Rules Referred to Consumer Protection Committee

  13. Senate Floor Amendment No. 1 Motion to Concur Rules Referred to Consumer Protection Committee

  14. Senate Floor Amendment No. 2 Motion to Concur Referred to Rules Committee

  15. Senate Floor Amendment No. 1 Motion to Concur Referred to Rules Committee

  16. Senate Floor Amendment No. 2 Motion Filed Concur Rep. Rita Mayfield

  17. Senate Floor Amendment No. 1 Motion Filed Concur Rep. Rita Mayfield

  18. Placed on Calendar Order of Concurrence Senate Amendment(s) 1, 2

  19. Arrived in House

  20. Third Reading - Passed; 054-000-000

  21. Placed on Calendar Order of 3rd Reading

  22. Senate Floor Amendment No. 2 Adopted; Link

  23. Senate Floor Amendment No. 1 Adopted; Link

  24. Recalled to Second Reading

  25. Senate Floor Amendment No. 2 Recommend Do Adopt Commerce and Economic Development; 007-000-000

  26. Senate Floor Amendment No. 1 Recommend Do Adopt Commerce and Economic Development; 007-000-000

  27. Senate Floor Amendment No. 2 Assignments Refers to Commerce and Economic Development

  28. Senate Floor Amendment No. 1 Assignments Refers to Commerce and Economic Development

  29. Senate Floor Amendment No. 2 Referred to Assignments

  30. Senate Floor Amendment No. 2 Filed with Secretary by Sen. Terry Link

  31. Senate Floor Amendment No. 1 Referred to Assignments

  32. Senate Floor Amendment No. 1 Filed with Secretary by Sen. Terry Link

  33. Placed on Calendar Order of 3rd Reading May 15, 2017

  34. Second Reading

  35. Placed on Calendar Order of 2nd Reading May 12, 2017

  36. Do Pass Commerce and Economic Development; 007-000-000

  37. Alternate Chief Sponsor Changed to Sen. Terry Link

  38. Assigned to Commerce and Economic Development

  39. Referred to Assignments

  40. First Reading

  41. Chief Senate Sponsor Sen. John J. Cullerton

  42. Placed on Calendar Order of First Reading

  43. Arrive in Senate

  44. Third Reading - Short Debate - Passed 102-000-000

  45. Placed on Calendar Order of 3rd Reading - Short Debate

  46. House Floor Amendment No. 2 Adopted

  47. House Floor Amendment No. 1 Adopted

  48. House Floor Amendment No. 2 Recommends Be Adopted Consumer Protection Committee; 005-000-000

  49. House Floor Amendment No. 1 Recommends Be Adopted Consumer Protection Committee; 005-000-000

  50. House Floor Amendment No. 1 Rules Refers to Consumer Protection Committee

  51. Chief Sponsor Changed to Rep. Rita Mayfield

  52. House Floor Amendment No. 2 Rules Refers to Consumer Protection Committee

  53. Held on Calendar Order of Second Reading - Short Debate

  54. Second Reading - Short Debate

  55. House Floor Amendment No. 2 Referred to Rules Committee

  56. House Floor Amendment No. 2 Filed with Clerk by Rep. Rita Mayfield

  57. Placed on Calendar 2nd Reading - Short Debate

  58. House Floor Amendment No. 1 Referred to Rules Committee

  59. House Floor Amendment No. 1 Filed with Clerk by Rep. Rita Mayfield

  60. Placed on Calendar 2nd Reading - Short Debate **

  61. Do Pass / Short Debate Executive Committee; 011-000-000

  62. Assigned to Executive Committee

  63. Referred to Rules Committee

  64. First Reading

  65. Filed with the Clerk by Rep. Michael J. Madigan

Sponsors

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on

Sponsors (0)

None.

Co-sponsors (1)

Not signed on (182)

182 members have not signed on to this bill.

Show all 182 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Concurrence, Amendment 1

Passed 96 Yea · 0 Nay · 21 Other
Party YeaNayPresentNot Voting
Unaffiliated 570016
Republican 10002
Democrat 29003
Total 960021
% of votes cast 82%0%0%18%
How each member voted (117)
Member Party Vote
Batinick — Not Voting
Beiser — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Butler — Yea
McAuliffe — Yea
Flowers — Yea
Frese — Yea
Hays — Yea
Greenwood — Yea
Sauer — Yea
Bennett — Yea
Harris, Gregory — Yea
Lang — Yea
Brady — Yea
Hernandez — Yea
Long — Yea
McDermed — Yea
Burke, Daniel — Yea
McSweeney — Yea
Parkhurst — Yea
Phillips — Not Voting
Stewart — Yea
Stratton — Yea
Tabares — Yea
Davis — Yea
Thapedi — Yea
Turner — Yea
Wallace — Yea
Mitchell, Bill — Yea
Mitchell, Christian — Yea
Wheeler, Keith — Yea
Wehrli — Yea
Willis — Yea
Yingling — Yea
Cavaletto — Yea
Conroy — Yea
Conyears-Ervin — Yea
Costello — Yea
D'Amico — Yea
Demmer — Yea
Drury — Yea
Fortner — Yea
Ives — Yea
Jesiel — Yea
Harris, David — Not Voting
Burke, Kelly — Not Voting
Jones — Not Voting
Wheeler, Barbara — Not Voting
Williams — Not Voting
Madigan — Not Voting
Currie — Not Voting
Durkin — Not Voting
Unes — Not Voting
Welter — Not Voting
Zalewski — Not Voting
Nekritz — Not Voting
Hurley — Yea
Jimenez — Yea
Olsen — Yea
Phelps — Yea
Pritchard — Yea
Reis — Yea
Riley — Yea
Sente — Yea
Skillicorn — Yea
Sommer — Not Voting
Soto — Not Voting
Winger — Yea
Andersson — Yea
Arroyo — Yea
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Not Voting
Elgie R. Sims, Jr. Democrat Not Voting
Emanuel "Chris" Welch Democrat Not Voting
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Yea
Justin Slaughter Democrat Yea
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Yea
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Yea
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Yea
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Not Voting
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Not Voting

Official roll call →

Third Reading

Passed 54 Yea · 0 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democrat 13001
Republican 7001
Total 54005
% of votes cast 92%0%0%8%
How each member voted (59)
Member Party Vote
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Yea
Bush — Yea
Harris — Yea
Bennett — Yea
McGuire — Yea
Landek — Yea
Link — Yea
Manar — Yea
McConnaughay — Yea
Mulroe — Yea
Muñoz — Yea
Oberweis — Not Voting
Brady — Yea
Radogno — Yea
Silverstein — Yea
Cullerton — Yea
Steans — Yea
Cullerton, T. — Yea
Clayborne — Yea
Connelly — Yea
Haine — Not Voting
Trotter — Yea
McCann — Yea
McCarter — Yea
Rooney — Yea
Hutchinson — Yea
Nybo — Yea
Raoul — Yea
Righter — Yea
Sandoval — Yea
Schimpf — Yea
Althoff — Yea
Martinez — Not Voting
Van Pelt — Yea
Bill Cunningham Democrat Yea
Cristina Castro Democrat Yea
David Koehler Democrat Yea
Don Harmon Democrat Yea
Emil Jones, III Democrat Yea
Julie A. Morrison Democrat Yea
Kimberly A. Lightford Democrat Not Voting
Lakesia Collins Democrat Yea
Laura M. Murphy Democrat Yea
Linda Holmes Democrat Yea
Mattie Hunter Democrat Yea
Michael E. Hastings Democrat Yea
Omar Aquino Democrat Yea
Steve Stadelman Democrat Yea
Chapin Rose Republican Yea
Dale Fowler Republican Yea
Dan McConchie Republican Yea
Dave Syverson Republican Yea
Jil Tracy Republican Yea
Neil Anderson Republican Yea
Sue Rezin Republican Not Voting
Travis Weaver Republican Yea

Official roll call →

Third Reading

Passed 102 Yea · 0 Nay · 16 Other
Party YeaNayPresentNot Voting
Unaffiliated 640010
Republican 10002
Democrat 28004
Total 1020016
% of votes cast 86%0%0%14%
How each member voted (118)
Member Party Vote
Batinick — Not Voting
Beiser — Yea
Bellock — Yea
Bourne — Yea
Breen — Yea
Butler — Yea
Costello — Yea
McAsey — Not Voting
McAuliffe — Yea
Durkin — Yea
Flowers — Yea
Frese — Yea
Greenwood — Yea
Hays — Yea
Lang — Yea
Pritchard — Yea
Sente — Yea
Harris, David — Yea
Sauer — Yea
Harris, Gregory — Yea
Bennett — Yea
Hernandez — Yea
Brady — Yea
Jones — Yea
Hurley — Yea
Ives — Yea
Jesiel — Yea
Jimenez — Yea
Long — Yea
Madigan — Yea
McDermed — Yea
McSweeney — Yea
Davis — Yea
Nekritz — Yea
Mitchell, Bill — Yea
Parkhurst — Yea
Wheeler, Barbara — Yea
Mitchell, Christian — Yea
Wheeler, Keith — Yea
Phillips — Not Voting
Stewart — Yea
Tabares — Yea
Thapedi — Yea
Turner — Yea
Unes — Yea
Wehrli — Yea
Burke, Daniel — Not Voting
Burke, Kelly — Not Voting
Willis — Yea
Winger — Yea
Zalewski — Not Voting
Williams — Not Voting
Cavaletto — Yea
Conroy — Yea
Conyears-Ervin — Yea
Currie — Yea
D'Amico — Not Voting
Demmer — Yea
Drury — Yea
Fortner — Yea
Olsen — Yea
Phelps — Yea
Reis — Yea
Riley — Not Voting
Skillicorn — Yea
Sommer — Yea
Soto — Yea
Stratton — Yea
Wallace — Yea
Welter — Yea
Yingling — Yea
Andersson — Yea
Arroyo — Not Voting
Chapa LaVia — Yea
Anna Moeller Democrat Yea
Anthony DeLuca Democrat Yea
Camille Y. Lilly Democrat Yea
Carol Ammons Democrat Yea
Elgie R. Sims, Jr. Democrat Yea
Emanuel "Chris" Welch Democrat Yea
Fred Crespo Democrat Yea
Jaime M. Andrade, Jr. Democrat Yea
Jay Hoffman Democrat Yea
Jehan Gordon-Booth Democrat Yea
Julie A. Morrison Democrat Not Voting
Justin Slaughter Democrat Not Voting
Katie Stuart Democrat Yea
Kelly M. Cassidy Democrat Not Voting
La Shawn K. Ford Democrat Yea
Laura Fine Democrat Yea
Lawrence "Larry" Walsh, Jr. Democrat Yea
Marcus C. Evans, Jr. Democrat Not Voting
Martin J. Moylan Democrat Yea
Michael W. Halpin Democrat Yea
Michelle Mussman Democrat Yea
Natalie A. Manley Democrat Yea
Rita Mayfield Democrat Yea
Robert "Bob" Rita Democrat Yea
Robert F. Martwick Democrat Yea
Robyn Gabel Democrat Yea
Sara Feigenholtz Democrat Yea
Sonya M. Harper Democrat Yea
Stephanie A. Kifowit Democrat Yea
Sue Scherer Democrat Yea
Theresa Mah Democrat Yea
Will Guzzardi Democrat Yea
Brad Halbrook Republican Yea
Charles Meier Republican Not Voting
Christopher "C.D." Davidsmeyer Republican Yea
Dan Swanson Republican Yea
Dave Severin Republican Yea
Joe C. Sosnowski Republican Yea
John M. Cabello Republican Not Voting
Norine K. Hammond Republican Yea
Ryan Spain Republican Yea
Steven Reick Republican Yea
Terri Bryant Republican Yea
Tony M. McCombie Republican Yea

Official roll call →

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does HB 1560 do?
Amends the Illinois Securities Law of 1953. Makes a technical change in a Section concerning definitions.
Who sponsors HB 1560?
HB 1560 is sponsored by Rita Mayfield (Democrat).
What is the current status of HB 1560?
This bill has been enacted into law. Introduced January 31, 2017. Enacted.
Where can I track HB 1560?
Track HB 1560 free on One Click Politics — get push/email alerts when it moves.

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