Illinois 2023-2024 Regular Session

Illinois House Bill HB3747 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Public Act 103-0202
2	1		HB3747 EnrolledLRB103 30059 MXP 56482 b HB3747 Enrolled LRB103 30059 MXP 56482 b
3	2		HB3747 Enrolled LRB103 30059 MXP 56482 b
4		-	AN ACT concerning transportation.
5		-	Be it enacted by the People of the State of Illinois,
6		-	represented in the General Assembly:
7		-	Section 5. The Illinois Vehicle Code is amended by
8		-	changing Sections 3-104, 3-117.3, and 3-116.1 and by adding
9		-	Section 4-208.1 as follows:
10		-	(625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
11		-	Sec. 3-104. Application for certificate of title.
12		-	(a) The application for a certificate of title for a
13		-	vehicle in this State must be made by the owner to the
14		-	Secretary of State on the form prescribed and must contain:
15		-	1. The name, Illinois residence or Illinois place of
16		-	business, mail address, and, if available, email address
17		-	of the owner. For the purposes of this subsection
18		-	"Illinois place of business" means an Illinois location
19		-	leased or owned by a business, or in the case of an
20		-	insurance carrier, their contracted salvage disposal
21		-	vendor;
22		-	2. A description of the vehicle including, so far as
23		-	the following data exists: Its make, year-model,
24		-	identifying number, type of body, whether new or used, as
25		-	to house trailers as defined in Section 1-128 of this
26		-	Code, and as to manufactured homes as defined in Section
	3	+	1 AN ACT concerning transportation.
	4	+	2 Be it enacted by the People of the State of Illinois,
	5	+	3 represented in the General Assembly:
	6	+	4 Section 5. The Illinois Vehicle Code is amended by
	7	+	5 changing Sections 3-104, 3-117.3, and 3-116.1 and by adding
	8	+	6 Section 4-208.1 as follows:
	9	+	7 (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
	10	+	8 Sec. 3-104. Application for certificate of title.
	11	+	9 (a) The application for a certificate of title for a
	12	+	10 vehicle in this State must be made by the owner to the
	13	+	11 Secretary of State on the form prescribed and must contain:
	14	+	12 1. The name, Illinois residence or Illinois place of
	15	+	13 business, mail address, and, if available, email address
	16	+	14 of the owner. For the purposes of this subsection
	17	+	15 "Illinois place of business" means an Illinois location
	18	+	16 leased or owned by a business, or in the case of an
	19	+	17 insurance carrier, their contracted salvage disposal
	20	+	18 vendor;
	21	+	19 2. A description of the vehicle including, so far as
	22	+	20 the following data exists: Its make, year-model,
	23	+	21 identifying number, type of body, whether new or used, as
	24	+	22 to house trailers as defined in Section 1-128 of this
	25	+	23 Code, and as to manufactured homes as defined in Section
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33		-	1-144.03 of this Code, the square footage based upon the
34		-	outside dimensions excluding the length of the tongue and
35		-	hitch, and, as to vehicles of the second division, whether
36		-	for-hire, not-for-hire, or both for-hire and not-for-hire;
37		-	3. The date of purchase by applicant and, if
38		-	applicable, the name and address of the person from whom
39		-	the vehicle was acquired and the names and addresses of
40		-	any lienholders in the order of their priority and
41		-	signatures of owners;
42		-	4. The current odometer reading at the time of
43		-	transfer and that the stated odometer reading is one of
44		-	the following: actual mileage, not the actual mileage or
45		-	mileage is in excess of its mechanical limits; and
46		-	5. Any further information the Secretary of State
47		-	reasonably requires to identify the vehicle and to enable
48		-	him to determine whether the owner is entitled to a
49		-	certificate of title and the existence or nonexistence of
50		-	security interests in the vehicle.
51		-	(a-5) The Secretary of State shall designate on the
52		-	prescribed application form a space where the owner of a
53		-	vehicle may designate a beneficiary, to whom ownership of the
54		-	vehicle shall pass in the event of the owner's death.
55		-	(b) If the application refers to a vehicle purchased from
56		-	a dealer, it must also be signed by the dealer as well as the
57		-	owner, and the dealer must promptly mail or deliver the
58		-	application and required documents to the Secretary of State.
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	34	+	1 1-144.03 of this Code, the square footage based upon the
	35	+	2 outside dimensions excluding the length of the tongue and
	36	+	3 hitch, and, as to vehicles of the second division, whether
	37	+	4 for-hire, not-for-hire, or both for-hire and not-for-hire;
	38	+	5 3. The date of purchase by applicant and, if
	39	+	6 applicable, the name and address of the person from whom
	40	+	7 the vehicle was acquired and the names and addresses of
	41	+	8 any lienholders in the order of their priority and
	42	+	9 signatures of owners;
	43	+	10 4. The current odometer reading at the time of
	44	+	11 transfer and that the stated odometer reading is one of
	45	+	12 the following: actual mileage, not the actual mileage or
	46	+	13 mileage is in excess of its mechanical limits; and
	47	+	14 5. Any further information the Secretary of State
	48	+	15 reasonably requires to identify the vehicle and to enable
	49	+	16 him to determine whether the owner is entitled to a
	50	+	17 certificate of title and the existence or nonexistence of
	51	+	18 security interests in the vehicle.
	52	+	19 (a-5) The Secretary of State shall designate on the
	53	+	20 prescribed application form a space where the owner of a
	54	+	21 vehicle may designate a beneficiary, to whom ownership of the
	55	+	22 vehicle shall pass in the event of the owner's death.
	56	+	23 (b) If the application refers to a vehicle purchased from
	57	+	24 a dealer, it must also be signed by the dealer as well as the
	58	+	25 owner, and the dealer must promptly mail or deliver the
	59	+	26 application and required documents to the Secretary of State.
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61		-	(c) If the application refers to a vehicle last previously
62		-	registered in another State or country, the application must
63		-	contain or be accompanied by:
64		-	1. Any certified document of ownership so recognized
65		-	and issued by the other State or country and acceptable to
66		-	the Secretary of State, and
67		-	2. Any other information and documents the Secretary
68		-	of State reasonably requires to establish the ownership of
69		-	the vehicle and the existence or nonexistence of security
70		-	interests in it.
71		-	(d) If the application refers to a new vehicle it must be
72		-	accompanied by the Manufacturer's Statement of Origin, or
73		-	other documents as required and acceptable by the Secretary of
74		-	State, with such assignments as may be necessary to show title
75		-	in the applicant.
76		-	(e) If an application refers to a vehicle rebuilt from a
77		-	vehicle previously salvaged, that application shall comply
78		-	with the provisions set forth in Sections 3-302 through 3-304
79		-	of this Code.
80		-	(f) An application for a certificate of title for any
81		-	vehicle, whether purchased in Illinois or outside Illinois,
82		-	and even if previously registered in another State, must be
83		-	accompanied by either an exemption determination from the
84		-	Department of Revenue showing that no tax imposed pursuant to
85		-	the Use Tax Act or the vehicle use tax imposed by Section
86		-	3-1001 of the Illinois Vehicle Code is owed by anyone with
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89		-	respect to that vehicle, or a receipt from the Department of
90		-	Revenue showing that any tax so imposed has been paid. An
91		-	application for a certificate of title for any vehicle
92		-	purchased outside Illinois, even if previously registered in
93		-	another state, must be accompanied by either an exemption
94		-	determination from the Department of Revenue showing that no
95		-	tax imposed pursuant to the Municipal Use Tax Act or the County
96		-	Use Tax Act is owed by anyone with respect to that vehicle, or
97		-	a receipt from the Department of Revenue showing that any tax
98		-	so imposed has been paid. In the absence of such a receipt for
99		-	payment or determination of exemption from the Department, no
100		-	certificate of title shall be issued to the applicant.
101		-	If the proof of payment of the tax or of nonliability
102		-	therefor is, after the issuance of the certificate of title
103		-	and display certificate of title, found to be invalid, the
104		-	Secretary of State shall revoke the certificate and require
105		-	that the certificate of title and, when applicable, the
106		-	display certificate of title be returned to him.
107		-	(g) If the application refers to a vehicle not
108		-	manufactured in accordance with federal safety and emission
109		-	standards, the application must be accompanied by all
110		-	documents required by federal governmental agencies to meet
111		-	their standards before a vehicle is allowed to be issued title
112		-	and registration.
113		-	(h) If the application refers to a vehicle sold at public
114		-	sale by a sheriff, it must be accompanied by the required fee
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117		-	and a bill of sale issued and signed by a sheriff. The bill of
118		-	sale must identify the new owner's name and address, the year
119		-	model, make and vehicle identification number of the vehicle,
120		-	court order document number authorizing such sale, if
121		-	applicable, and the name and address of any lienholders in
122		-	order of priority, if applicable.
123		-	(i) If the application refers to a vehicle for which a
124		-	court of law determined the ownership, it must be accompanied
125		-	with a certified copy of such court order and the required fee.
126		-	The court order must indicate the new owner's name and
127		-	address, the complete description of the vehicle, if known,
128		-	the name and address of the lienholder, if any, and must be
129		-	signed and dated by the judge issuing such order.
130		-	(j) If the application refers to a vehicle sold at public
131		-	auction pursuant to the Labor and Storage Lien (Small Amount)
132		-	Act, it must be accompanied by an affidavit or affirmation
133		-	furnished by the Secretary of State along with the documents
134		-	described in the affidavit or affirmation and the required
135		-	fee.
136		-	(k) The Secretary may provide an expedited process for the
137		-	issuance of vehicle titles. Expedited title applications must
138		-	be delivered to the Secretary of State's Vehicle Services
139		-	Department in Springfield by express mail service or hand
140		-	delivery. Applications must be complete, including necessary
141		-	forms, fees, and taxes. Applications received before noon on a
142		-	business day will be processed and shipped that same day.
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	70	+	1 (c) If the application refers to a vehicle last previously
	71	+	2 registered in another State or country, the application must
	72	+	3 contain or be accompanied by:
	73	+	4 1. Any certified document of ownership so recognized
	74	+	5 and issued by the other State or country and acceptable to
	75	+	6 the Secretary of State, and
	76	+	7 2. Any other information and documents the Secretary
	77	+	8 of State reasonably requires to establish the ownership of
	78	+	9 the vehicle and the existence or nonexistence of security
	79	+	10 interests in it.
	80	+	11 (d) If the application refers to a new vehicle it must be
	81	+	12 accompanied by the Manufacturer's Statement of Origin, or
	82	+	13 other documents as required and acceptable by the Secretary of
	83	+	14 State, with such assignments as may be necessary to show title
	84	+	15 in the applicant.
	85	+	16 (e) If an application refers to a vehicle rebuilt from a
	86	+	17 vehicle previously salvaged, that application shall comply
	87	+	18 with the provisions set forth in Sections 3-302 through 3-304
	88	+	19 of this Code.
	89	+	20 (f) An application for a certificate of title for any
	90	+	21 vehicle, whether purchased in Illinois or outside Illinois,
	91	+	22 and even if previously registered in another State, must be
	92	+	23 accompanied by either an exemption determination from the
	93	+	24 Department of Revenue showing that no tax imposed pursuant to
	94	+	25 the Use Tax Act or the vehicle use tax imposed by Section
	95	+	26 3-1001 of the Illinois Vehicle Code is owed by anyone with
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145		-	Applications received after noon on a business day will be
146		-	processed and shipped the next business day. The Secretary
147		-	shall charge an additional fee of $30 for this service, and
148		-	that fee shall cover the cost of return shipping via an express
149		-	mail service. All fees collected by the Secretary of State for
150		-	expedited services shall be deposited into the Motor Vehicle
151		-	License Plate Fund. In the event the Vehicle Services
152		-	Department determines that the volume of expedited title
153		-	requests received on a given day exceeds the ability of the
154		-	Vehicle Services Department to process those requests in an
155		-	expedited manner, the Vehicle Services Department may decline
156		-	to provide expedited services, and the additional fee for the
157		-	expedited service shall be refunded to the applicant.
158		-	(l) If the application refers to a homemade trailer, (i)
159		-	it must be accompanied by the appropriate documentation
160		-	regarding the source of materials used in the construction of
161		-	the trailer, as required by the Secretary of State, (ii) the
162		-	trailer must be inspected by a Secretary of State employee
163		-	prior to the issuance of the title, and (iii) upon approval of
164		-	the Secretary of State, the trailer must have a vehicle
165		-	identification number, as provided by the Secretary of State,
166		-	stamped or riveted to the frame.
167		-	(m) The holder of a Manufacturer's Statement of Origin to
168		-	a manufactured home may deliver it to any person to facilitate
169		-	conveying or encumbering the manufactured home. Any person
170		-	receiving any such Manufacturer's Statement of Origin so
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173		-	delivered holds it in trust for the person delivering it.
174		-	(n) Within 45 days after the completion of the first
175		-	retail sale of a manufactured home, the Manufacturer's
176		-	Statement of Origin to that manufactured home must be
177		-	surrendered to the Secretary of State either in conjunction
178		-	with an application for a certificate of title for that
179		-	manufactured home or in accordance with Section 3-116.1.
180		-	(o) Each application for certificate of title for a motor
181		-	vehicle shall be verified by the National Motor Vehicle Title
182		-	Information System (NMVTIS) for a vehicle history report prior
183		-	to the Secretary issuing a certificate of title.
184		-	(p) The Secretary, at the Secretary's discretion, may use
185		-	any commercially available title history service to assist in
186		-	determining the proper title designation of a motor vehicle
187		-	before the issuance of a certificate of title.
188		-	(Source: P.A. 102-154, eff. 1-1-22.)
189		-	(625 ILCS 5/3-117.3)
190		-	Sec. 3-117.3. Junking or salvage certificates; insurance
191		-	company; salvage dealer.
192		-	(a) For purposes of this Section, "salvage dealer" means a
193		-	licensed dealer who primarily sells salvage vehicles on behalf
194		-	of insurance companies and obtains a "salvage dealer"
195		-	designation through the used dealer application process under
196		-	Section 5-102 of this Code.
197		-	(b) Notwithstanding any other provision of law to the
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200		-	contrary, an insurance company or salvage dealer may, after
201		-	completing a record search for any owner of a vehicle or a
202		-	lienholder of record, obtain free of any lien a junking
203		-	certificate or salvage certificate in the insurance company's
204		-	name by submitting an application for a junking certificate or
205		-	salvage certificate to the Secretary of State. The application
206		-	shall include, but is not limited to, proof of full payment, in
207		-	whole or in part, to the vehicle owner or, if applicable, any
208		-	lienholder of record and proof of notice to the vehicle owner
209		-	and any lienholder via certified mail or other proof of
210		-	service that a transfer of title shall occur no earlier than 30
211		-	days after the date the notice is sent. Upon approval of the
212		-	application, the Secretary shall issue to the insurance
213		-	company a junking certificate or salvage certificate free of
214		-	any lien in the insurance company's name. For the purposes of
215		-	this subsection, "proof of full payment" means either a
216		-	photocopy of a deposited insurance claim check or, for an
217		-	electronic claims payment, a screen shot from the insurer's
218		-	proprietary claim system that shows the payee, the amount
219		-	paid, and the date of payment. No other additional
220		-	requirements shall be required of the insurer.
221		-	An insurance company or salvage dealer shall not sell a
222		-	salvage vehicle with a title obtained under this subsection
223		-	(b) to anyone not authorized to buy salvage vehicles under
224		-	this Code.
225		-	This subsection (b) shall apply only to a motor vehicle
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	106	+	1 respect to that vehicle, or a receipt from the Department of
	107	+	2 Revenue showing that any tax so imposed has been paid. An
	108	+	3 application for a certificate of title for any vehicle
	109	+	4 purchased outside Illinois, even if previously registered in
	110	+	5 another state, must be accompanied by either an exemption
	111	+	6 determination from the Department of Revenue showing that no
	112	+	7 tax imposed pursuant to the Municipal Use Tax Act or the County
	113	+	8 Use Tax Act is owed by anyone with respect to that vehicle, or
	114	+	9 a receipt from the Department of Revenue showing that any tax
	115	+	10 so imposed has been paid. In the absence of such a receipt for
	116	+	11 payment or determination of exemption from the Department, no
	117	+	12 certificate of title shall be issued to the applicant.
	118	+	13 If the proof of payment of the tax or of nonliability
	119	+	14 therefor is, after the issuance of the certificate of title
	120	+	15 and display certificate of title, found to be invalid, the
	121	+	16 Secretary of State shall revoke the certificate and require
	122	+	17 that the certificate of title and, when applicable, the
	123	+	18 display certificate of title be returned to him.
	124	+	19 (g) If the application refers to a vehicle not
	125	+	20 manufactured in accordance with federal safety and emission
	126	+	21 standards, the application must be accompanied by all
	127	+	22 documents required by federal governmental agencies to meet
	128	+	23 their standards before a vehicle is allowed to be issued title
	129	+	24 and registration.
	130	+	25 (h) If the application refers to a vehicle sold at public
	131	+	26 sale by a sheriff, it must be accompanied by the required fee
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228		-	titled in this State that has been through an insurance claims
229		-	process and the owner of the vehicle or lienholder, if
230		-	applicable, has received compensation in exchange for
231		-	relinquishing the ownership rights of the vehicle to an
232		-	insurance company licensed under the Illinois Insurance Code
233		-	and the insurance company is unable to obtain an endorsed
234		-	certificate of title within 30 days of payment to the owner or
235		-	lienholder.
236		-	(c) Notwithstanding any other provision of law to the
237		-	contrary, a salvage dealer may, after completing a record
238		-	search for any owner of a vehicle or a lienholder of record,
239		-	obtain free of any lien a junking certificate or salvage
240		-	certificate in his or her name by submitting an application
241		-	for a junking certificate or a salvage certificate to the
242		-	Secretary of State which shall include, but is not limited to,
243		-	proof of notice via certified mail or other proof of service to
244		-	the vehicle owner or any lienholder that a transfer of title
245		-	shall occur no earlier than 30 days after the date the notice
246		-	is sent. The notice shall inform the vehicle owner or
247		-	lienholder that upon payment of any applicable charges, the
248		-	vehicle may be removed from the salvage dealer's facility.
249		-	Upon approval of the application, the Secretary shall issue to
250		-	the salvage dealer a junking certificate or salvage
251		-	certificate free of any lien in the salvage dealer's name.
252		-	A salvage dealer shall not sell a salvage vehicle with a
253		-	title obtained under this subsection (c) to anyone not
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256		-	authorized to buy salvage vehicles under this Code.
257		-	This subsection (c) shall apply only to a motor vehicle
258		-	titled in this State and in possession of a salvage dealer by
259		-	request of an insurance company licensed under the Illinois
260		-	Insurance Code to take possession of the motor vehicle subject
261		-	to an insurance claim and the insurance company denies
262		-	coverage of the vehicle or does not take ownership of the
263		-	vehicle within 45 days of possession by the salvage dealer.
264		-	(d) A vehicle owner or lienholder may send notice of
265		-	dispute of the transfer of title under this Section within 30
266		-	days after the required notice is sent by the insurance
267		-	company or salvage dealer. If a dispute between a vehicle
268		-	owner or lienholder and an insurance company or salvage dealer
269		-	cannot be resolved within 45 days after the required notice to
270		-	the vehicle owner or lienholder is sent, the vehicle owner or
271		-	lienholder, within 90 days after sending notice of dispute,
272		-	shall petition a court of competent jurisdiction for an order
273		-	to determine ownership of the vehicle and shall notify the
274		-	Secretary of State of the filing of the petition. If a vehicle
275		-	owner or lienholder does not file a petition within the 90-day
276		-	period, the title to the vehicle shall be issued to the
277		-	insurance company or salvage dealer under this Section.
278		-	(e) Any person who without authority acquires, sells,
279		-	exchanges, gives away, transfers, or destroys or offers to
280		-	acquire, sell, exchange, give away, transfer, or destroy the
281		-	certificate of title to any vehicle which is a junk or salvage
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284		-	vehicle shall be guilty of a Class 3 felony.
285		-	(f) Any person who knowingly fails to surrender to the
286		-	Secretary of State a certificate of title, salvage
287		-	certificate, or certificate of purchase is guilty of a Class A
288		-	misdemeanor for a first offense and a Class 4 felony for a
289		-	second and subsequent offense.
290		-	(g) Any vehicle which is salvage or junk may not be driven
291		-	or operated on roads and highways within this State. A
292		-	violation of this subsection (g) is a Class A misdemeanor. A
293		-	salvage vehicle displaying valid special plates issued under
294		-	subsection (b) of Section 3-601 of this Code, which is being
295		-	driven to or from an inspection conducted under Section 3-308
296		-	of this Code, is exempt from the provisions of this subsection
297		-	(g). A salvage vehicle for which a short term permit has been
298		-	issued under Section 3-307 of this Code is exempt from the
299		-	provisions of this subsection (g) for the duration of the
300		-	permit.
301		-	(h) The Secretary of State may adopt any rules necessary
302		-	to implement this Section.
303		-	(Source: P.A. 100-104, eff. 11-9-17.)
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	142	+	1 and a bill of sale issued and signed by a sheriff. The bill of
	143	+	2 sale must identify the new owner's name and address, the year
	144	+	3 model, make and vehicle identification number of the vehicle,
	145	+	4 court order document number authorizing such sale, if
	146	+	5 applicable, and the name and address of any lienholders in
	147	+	6 order of priority, if applicable.
	148	+	7 (i) If the application refers to a vehicle for which a
	149	+	8 court of law determined the ownership, it must be accompanied
	150	+	9 with a certified copy of such court order and the required fee.
	151	+	10 The court order must indicate the new owner's name and
	152	+	11 address, the complete description of the vehicle, if known,
	153	+	12 the name and address of the lienholder, if any, and must be
	154	+	13 signed and dated by the judge issuing such order.
	155	+	14 (j) If the application refers to a vehicle sold at public
	156	+	15 auction pursuant to the Labor and Storage Lien (Small Amount)
	157	+	16 Act, it must be accompanied by an affidavit or affirmation
	158	+	17 furnished by the Secretary of State along with the documents
	159	+	18 described in the affidavit or affirmation and the required
	160	+	19 fee.
	161	+	20 (k) The Secretary may provide an expedited process for the
	162	+	21 issuance of vehicle titles. Expedited title applications must
	163	+	22 be delivered to the Secretary of State's Vehicle Services
	164	+	23 Department in Springfield by express mail service or hand
	165	+	24 delivery. Applications must be complete, including necessary
	166	+	25 forms, fees, and taxes. Applications received before noon on a
	167	+	26 business day will be processed and shipped that same day.
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	178	+	1 Applications received after noon on a business day will be
	179	+	2 processed and shipped the next business day. The Secretary
	180	+	3 shall charge an additional fee of $30 for this service, and
	181	+	4 that fee shall cover the cost of return shipping via an express
	182	+	5 mail service. All fees collected by the Secretary of State for
	183	+	6 expedited services shall be deposited into the Motor Vehicle
	184	+	7 License Plate Fund. In the event the Vehicle Services
	185	+	8 Department determines that the volume of expedited title
	186	+	9 requests received on a given day exceeds the ability of the
	187	+	10 Vehicle Services Department to process those requests in an
	188	+	11 expedited manner, the Vehicle Services Department may decline
	189	+	12 to provide expedited services, and the additional fee for the
	190	+	13 expedited service shall be refunded to the applicant.
	191	+	14 (l) If the application refers to a homemade trailer, (i)
	192	+	15 it must be accompanied by the appropriate documentation
	193	+	16 regarding the source of materials used in the construction of
	194	+	17 the trailer, as required by the Secretary of State, (ii) the
	195	+	18 trailer must be inspected by a Secretary of State employee
	196	+	19 prior to the issuance of the title, and (iii) upon approval of
	197	+	20 the Secretary of State, the trailer must have a vehicle
	198	+	21 identification number, as provided by the Secretary of State,
	199	+	22 stamped or riveted to the frame.
	200	+	23 (m) The holder of a Manufacturer's Statement of Origin to
	201	+	24 a manufactured home may deliver it to any person to facilitate
	202	+	25 conveying or encumbering the manufactured home. Any person
	203	+	26 receiving any such Manufacturer's Statement of Origin so
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	214	+	1 delivered holds it in trust for the person delivering it.
	215	+	2 (n) Within 45 days after the completion of the first
	216	+	3 retail sale of a manufactured home, the Manufacturer's
	217	+	4 Statement of Origin to that manufactured home must be
	218	+	5 surrendered to the Secretary of State either in conjunction
	219	+	6 with an application for a certificate of title for that
	220	+	7 manufactured home or in accordance with Section 3-116.1.
	221	+	8 (o) Each application for certificate of title for a motor
	222	+	9 vehicle shall be verified by the National Motor Vehicle Title
	223	+	10 Information System (NMVTIS) for a vehicle history report prior
	224	+	11 to the Secretary issuing a certificate of title.
	225	+	12 (p) The Secretary, at the Secretary's discretion, may use
	226	+	13 any commercially available title history service to assist in
	227	+	14 determining the proper title designation of a motor vehicle
	228	+	15 before the issuance of a certificate of title.
	229	+	16 (Source: P.A. 102-154, eff. 1-1-22.)
	230	+	17 (625 ILCS 5/3-117.3)
	231	+	18 Sec. 3-117.3. Junking or salvage certificates; insurance
	232	+	19 company; salvage dealer.
	233	+	20 (a) For purposes of this Section, "salvage dealer" means a
	234	+	21 licensed dealer who primarily sells salvage vehicles on behalf
	235	+	22 of insurance companies and obtains a "salvage dealer"
	236	+	23 designation through the used dealer application process under
	237	+	24 Section 5-102 of this Code.
	238	+	25 (b) Notwithstanding any other provision of law to the
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	249	+	1 contrary, an insurance company or salvage dealer may, after
	250	+	2 completing a record search for any owner of a vehicle or a
	251	+	3 lienholder of record, obtain free of any lien a junking
	252	+	4 certificate or salvage certificate in the insurance company's
	253	+	5 name by submitting an application for a junking certificate or
	254	+	6 salvage certificate to the Secretary of State. The application
	255	+	7 shall include, but is not limited to, proof of full payment, in
	256	+	8 whole or in part, to the vehicle owner or, if applicable, any
	257	+	9 lienholder of record and proof of notice to the vehicle owner
	258	+	10 and any lienholder via certified mail or other proof of
	259	+	11 service that a transfer of title shall occur no earlier than 30
	260	+	12 days after the date the notice is sent. Upon approval of the
	261	+	13 application, the Secretary shall issue to the insurance
	262	+	14 company a junking certificate or salvage certificate free of
	263	+	15 any lien in the insurance company's name. For the purposes of
	264	+	16 this subsection, "proof of full payment" means either a
	265	+	17 photocopy of a deposited insurance claim check or, for an
	266	+	18 electronic claims payment, a screen shot from the insurer's
	267	+	19 proprietary claim system that shows the payee, the amount
	268	+	20 paid, and the date of payment. No other additional
	269	+	21 requirements shall be required of the insurer.
	270	+	22 An insurance company or salvage dealer shall not sell a
	271	+	23 salvage vehicle with a title obtained under this subsection
	272	+	24 (b) to anyone not authorized to buy salvage vehicles under
	273	+	25 this Code.
	274	+	26 This subsection (b) shall apply only to a motor vehicle
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	285	+	1 titled in this State that has been through an insurance claims
	286	+	2 process and the owner of the vehicle or lienholder, if
	287	+	3 applicable, has received compensation in exchange for
	288	+	4 relinquishing the ownership rights of the vehicle to an
	289	+	5 insurance company licensed under the Illinois Insurance Code
	290	+	6 and the insurance company is unable to obtain an endorsed
	291	+	7 certificate of title within 30 days of payment to the owner or
	292	+	8 lienholder.
	293	+	9 (c) Notwithstanding any other provision of law to the
	294	+	10 contrary, a salvage dealer may, after completing a record
	295	+	11 search for any owner of a vehicle or a lienholder of record,
	296	+	12 obtain free of any lien a junking certificate or salvage
	297	+	13 certificate in his or her name by submitting an application
	298	+	14 for a junking certificate or a salvage certificate to the
	299	+	15 Secretary of State which shall include, but is not limited to,
	300	+	16 proof of notice via certified mail or other proof of service to
	301	+	17 the vehicle owner or any lienholder that a transfer of title
	302	+	18 shall occur no earlier than 30 days after the date the notice
	303	+	19 is sent. The notice shall inform the vehicle owner or
	304	+	20 lienholder that upon payment of any applicable charges, the
	305	+	21 vehicle may be removed from the salvage dealer's facility.
	306	+	22 Upon approval of the application, the Secretary shall issue to
	307	+	23 the salvage dealer a junking certificate or salvage
	308	+	24 certificate free of any lien in the salvage dealer's name.
	309	+	25 A salvage dealer shall not sell a salvage vehicle with a
	310	+	26 title obtained under this subsection (c) to anyone not
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	321	+	1 authorized to buy salvage vehicles under this Code.
	322	+	2 This subsection (c) shall apply only to a motor vehicle
	323	+	3 titled in this State and in possession of a salvage dealer by
	324	+	4 request of an insurance company licensed under the Illinois
	325	+	5 Insurance Code to take possession of the motor vehicle subject
	326	+	6 to an insurance claim and the insurance company denies
	327	+	7 coverage of the vehicle or does not take ownership of the
	328	+	8 vehicle within 45 days of possession by the salvage dealer.
	329	+	9 (d) A vehicle owner or lienholder may send notice of
	330	+	10 dispute of the transfer of title under this Section within 30
	331	+	11 days after the required notice is sent by the insurance
	332	+	12 company or salvage dealer. If a dispute between a vehicle
	333	+	13 owner or lienholder and an insurance company or salvage dealer
	334	+	14 cannot be resolved within 45 days after the required notice to
	335	+	15 the vehicle owner or lienholder is sent, the vehicle owner or
	336	+	16 lienholder, within 90 days after sending notice of dispute,
	337	+	17 shall petition a court of competent jurisdiction for an order
	338	+	18 to determine ownership of the vehicle and shall notify the
	339	+	19 Secretary of State of the filing of the petition. If a vehicle
	340	+	20 owner or lienholder does not file a petition within the 90-day
	341	+	21 period, the title to the vehicle shall be issued to the
	342	+	22 insurance company or salvage dealer under this Section.
	343	+	23 (e) Any person who without authority acquires, sells,
	344	+	24 exchanges, gives away, transfers, or destroys or offers to
	345	+	25 acquire, sell, exchange, give away, transfer, or destroy the
	346	+	26 certificate of title to any vehicle which is a junk or salvage
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	357	+	1 vehicle shall be guilty of a Class 3 felony.
	358	+	2 (f) Any person who knowingly fails to surrender to the
	359	+	3 Secretary of State a certificate of title, salvage
	360	+	4 certificate, or certificate of purchase is guilty of a Class A
	361	+	5 misdemeanor for a first offense and a Class 4 felony for a
	362	+	6 second and subsequent offense.
	363	+	7 (g) Any vehicle which is salvage or junk may not be driven
	364	+	8 or operated on roads and highways within this State. A
	365	+	9 violation of this subsection (g) is a Class A misdemeanor. A
	366	+	10 salvage vehicle displaying valid special plates issued under
	367	+	11 subsection (b) of Section 3-601 of this Code, which is being
	368	+	12 driven to or from an inspection conducted under Section 3-308
	369	+	13 of this Code, is exempt from the provisions of this subsection
	370	+	14 (g). A salvage vehicle for which a short term permit has been
	371	+	15 issued under Section 3-307 of this Code is exempt from the
	372	+	16 provisions of this subsection (g) for the duration of the
	373	+	17 permit.
	374	+	18 (h) The Secretary of State may adopt any rules necessary
	375	+	19 to implement this Section.
	376	+	20 (Source: P.A. 100-104, eff. 11-9-17.)
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