Illinois 93rd Regular Session Status: Passed Senate

SB 243 — COMPUTER LEMON ACT

Last action — Session Sine Die

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

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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed

Plain-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.

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093_SB0243 LRB093 04422 WGH 04472 b AN ACT concerning computers.
SB243 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 -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.
"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 -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:
(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 -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.
(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 -5- LRB093 04422 WGH 04472 b purchaser claims.
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.
-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.
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 -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.
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.
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Action History

  1. Session Sine Die

  2. Rule 19(a) / Re-referred to Rules Committee

  3. Held on Calendar Order of Second Reading - Standard Debate

  4. Second Reading - Standard Debate

  5. Added Alternate Chief Co-Sponsor Rep. Marlow H. Colvin

  6. Third Reading/Final Action Deadline Extended-9(b) May 31, 2003

  7. Committee/3rd Reading Deadline Extended-Rule 9(b); May 23, 2003

  8. Added Alternate Co-Sponsor Rep. Deborah L. Graham

  9. Added Alternate Co-Sponsor Rep. Marlow H. Colvin

  10. Alternate Chief Co-Sponsor Changed to Rep. Naomi D. Jakobsson

  11. Alternate Chief Co-Sponsor Changed to Rep. Kevin Joyce

  12. Added Alternate Co-Sponsor Rep. Brandon W. Phelps

  13. Added Alternate Chief Co-Sponsor Rep. Naomi D. Jakobsson

  14. Added Alternate Chief Co-Sponsor Rep. Kevin Joyce

  15. Alternate Chief Co-Sponsor Changed to Rep. Constance A. Howard

  16. Added Alternate Chief Co-Sponsor Rep. Constance A. Howard

  17. Placed on Calendar 2nd Reading - Standard Debate

  18. Do Pass / Standard Debate Consumer Protection Committee; 006-005-000

  19. Added Alternate Chief Co-Sponsor Rep. Kevin A. McCarthy

  20. Assigned to Consumer Protection Committee

  21. Chief House Sponsor Rep. George Scully, Jr.

  22. Referred to Rules Committee

  23. First Reading

  24. Placed on Calendar Order of First Reading

  25. Arrived in House

  26. Third Reading - Passed; 039-014-000

  27. Placed on Calendar Order of 3rd Reading March 6, 2003

  28. Second Reading

  29. Placed on Calendar Order of 2nd Reading February 26, 2003

  30. Do Pass Judiciary; 008-001-000

  31. Assigned to Judiciary

  32. Referred to Rules

  33. First Reading

  34. 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.

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

Third Reading

Passed 39 Yea · 14 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 331404
Democrat 6001
Republican 0001
Total 391406
% 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

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 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?
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Last checked for changes 3 months ago · updated continuously

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