SB 243 — COMPUTER LEMON ACT
Last action — Session Sine Die
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✓Introduced
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✓In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 93rd Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Summary
Creates the Computer Lemon Act. Establishes rights for purchasers of defective computers and specified related devices in the case of ineffective repairs under warranty, failure of a manufacturer to take timely action regarding repairs, or repeated malfunctions or defects. Requires manufacturers to provide specified notices and keep specified records. Provides that a purchaser may bring a civil action against a manufacturer that violates the Act and recover damages, attorney's fees, costs, and expert expenses. Provides that a knowing violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, and amends the Consumer Fraud and Deceptive Business Practices Act accordingly.
Bill Text
What changed in the latest version
7 added · 7 removedPlain-language change summary
In the latest version of Bill SB 243, certain lines have been added and the same number of lines have been removed, indicating adjustments rather than substantial changes in content. This could suggest a refinement in language or clarification of specific provisions to improve the bill's focus or effectiveness. Such adjustments matter because they often enhance the bill's clarity, making it easier for lawmakers to understand and for the public to engage with the legislative process. Additionally, more concise or clearer wording can prevent misinterpretation once the bill is enacted.
093_SB0243SB243 Engrossed LRB093 04422 WGH 04472 b AN ACT concerning computers.
"Purchaser" means a person who is a resident or temporary resident of the State of Illinois or a business entity that has fewer than 30 personal computers acting either in concert SB243 Engrossed -2- LRB093 04422 WGH 04472 b with a network or as stand-alone machines and who obtains a computer device by lease, retail sale, internet sale, gift, special contract, or other transaction, whether delivered or currently located in this State.
(b) Within 5 business days after receiving notice from a purchaser of a nonconformity, plus reasonable time for SB243 Engrossed -3- LRB093 04422 WGH 04472 b shipping of not more than 3 business days, the manufacturer must repair any computer device and return it to the purchaser subject to the following conditions:
(2) Receive from the manufacturer delivery of a SB243 Engrossed -4- LRB093 04422 WGH 04472 b brand new computer device of equal or greater value than the original price paid at the time of acquisition, without charge or offset for use.
Copies must be made available to the purchaser upon demand, regardless of whether the manufacturer uses the services of a third party to manage SB243 Engrossed -5- LRB093 04422 WGH 04472 b purchaser claims.
SB243 Engrossed -6- LRB093 04422 WGH 04472 b (2) Unless the manufacturer produces an expert witness at the proceedings who examined the computer device and can specify the exact cause and correction of the problem.
Any person who SB243 Engrossed -7- LRB093 04422 WGH 04472 b knowingly violates _____C____________________ the Automotive Repair Act, the Home Repair and Remodeling Act, the Dance Studio Act, the Physical Fitness Services Act, the Hearing Instrument Consumer Protection Act, the Illinois Union Label Act, the Job Referral and Job Listing Services Consumer Protection Act, the Travel Promotion Consumer Protection Act, the Credit Services Organizations Act, the Automatic Telephone Dialers Act, the Pay-Per-Call Services Consumer Protection Act, the Telephone Solicitations Act, the Illinois Funeral or Burial Funds Act, the Cemetery Care Act, the Safe and Hygienic Bed Act, the Pre-Need Cemetery Sales Act, subsection (a) or (b) of Section 3-10 of the Cigarette Tax Act, subsection (a) or (b) of Section 3-10 of the Cigarette Use Tax Act, the Electronic Mail Act, or paragraph (6) of subsection (k) of Section 6-305 of the Illinois Vehicle Code commits an unlawful practice within the meaning of this Act.
Action History
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Session Sine Die
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Rule 19(a) / Re-referred to Rules Committee
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Held on Calendar Order of Second Reading - Standard Debate
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Second Reading - Standard Debate
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Added Alternate Chief Co-Sponsor Rep. Marlow H. Colvin
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Third Reading/Final Action Deadline Extended-9(b) May 31, 2003
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Committee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003
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Added Alternate Co-Sponsor Rep. Deborah L. Graham
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Added Alternate Co-Sponsor Rep. Marlow H. Colvin
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Alternate Chief Co-Sponsor Changed to Rep. Naomi D. Jakobsson
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Alternate Chief Co-Sponsor Changed to Rep. Kevin Joyce
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Added Alternate Co-Sponsor Rep. Brandon W. Phelps
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Added Alternate Chief Co-Sponsor Rep. Naomi D. Jakobsson
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Added Alternate Chief Co-Sponsor Rep. Kevin Joyce
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Alternate Chief Co-Sponsor Changed to Rep. Constance A. Howard
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Added Alternate Chief Co-Sponsor Rep. Constance A. Howard
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Placed on Calendar 2nd Reading - Standard Debate
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Do Pass / Standard Debate Consumer Protection Committee; 006-005-000
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Added Alternate Chief Co-Sponsor Rep. Kevin A. McCarthy
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Assigned to Consumer Protection Committee
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Chief House Sponsor Rep. George Scully, Jr.
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Referred to Rules Committee
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First Reading
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Placed on Calendar Order of First Reading
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Arrived in House
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Third Reading - Passed; 039-014-000
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Placed on Calendar Order of 3rd Reading March 6, 2003
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Second Reading
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Placed on Calendar Order of 2nd Reading February 26, 2003
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Do Pass Judiciary; 008-001-000
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Assigned to Judiciary
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Referred to Rules
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First Reading
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Filed with Secretary by Sen. Ira I. Silverstein
Sponsors
- Ira I. Silverstein · Cosponsor
- Brandon W. Phelps · Cosponsor
- Deborah L. Graham · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 3 co-sponsors · 180 not signed on
Sponsors (0)
None.
Co-sponsors (3)
- Ira I. Silverstein
- Brandon W. Phelps
- Deborah L. Graham
Not signed on (180)
180 members have not signed on to this bill.
Show all 180 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 33 | 14 | 0 | 4 |
| Democrat | 6 | 0 | 0 | 1 |
| Republican | 0 | 0 | 0 | 1 |
| Total | 39 | 14 | 0 | 6 |
| % of votes cast | 66% | 24% | 0% | 10% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Sandoval | — | Yea |
| Silverstein | — | Yea |
| Link | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Bomke | — | Yea |
| Burzynski | — | Nay |
| Cronin | — | Not Voting |
| Geo-Karis | — | Yea |
| Halvorson | — | Yea |
| Lauzen | — | Nay |
| Luechtefeld | — | Not Voting |
| Munoz | — | Yea |
| Maloney | — | Yea |
| Meeks | — | Yea |
| Sullivan, D. | — | Yea |
| Obama | — | Yea |
| Brady | — | Yea |
| Sullivan, J. | — | Yea |
| Peterson | — | Nay |
| Cullerton | — | Yea |
| Philip | — | Not Voting |
| Demuzio | — | Yea |
| Schoenberg | — | Yea |
| Shadid | — | Yea |
| Petka | — | Nay |
| Sieben | — | Nay |
| Jacobs | — | Nay |
| Jones, J. | — | Nay |
| Jones, W. | — | Nay |
| Watson | — | Nay |
| Trotter | — | Yea |
| Clayborne | — | Yea |
| Crotty | — | Yea |
| DeLeo | — | Yea |
| Dillard | — | Not Voting |
| Garrett | — | Yea |
| Haine | — | Yea |
| Hendon | — | Yea |
| Viverito | — | Yea |
| Winkel | — | Yea |
| Wojcik | — | Nay |
| Woolard | — | Yea |
| Radogno | — | Yea |
| Rauschenberger | — | Nay |
| Righter | — | Nay |
| Risinger | — | Yea |
| Ronen | — | Yea |
| Roskam | — | Nay |
| Rutherford | — | Nay |
| del Valle | — | Yea |
| Don Harmon | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Mattie Hunter | Democrat | Not Voting |
| Dave Syverson | Republican | Not Voting |
Subjects
Frequently asked questions
- What does SB 243 do?
- Creates the Computer Lemon Act. Establishes rights for purchasers of defective computers and specified related devices in the case of ineffective repairs under warranty, failure of a manufacturer to take timely action regarding repairs, or repeated malfunctions or defects. Requires manufacturers to provide specified notices and keep specified records. Provides that a purchaser may bring a civil action against a manufacturer that violates the Act and recover damages, attorney's fees, costs, and expert expenses. Provides that a knowing violation of the Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act, and amends the Consumer Fraud and Deceptive Business Practices Act accordingly.
- Who sponsors SB 243?
- SB 243 is sponsored by Ira I. Silverstein, Brandon W. Phelps, and Deborah L. Graham.
- What is the current status of SB 243?
- This bill died with 93rd Regular Session. It reached “Passed Senate” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
- Where can I track SB 243?
- Track SB 243 free on One Click Politics — get push/email alerts when it moves.
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Last checked for changes 3 months ago · updated continuously
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