SB2787sam002 104TH GENERAL ASSEMBLY

Sen. Rachel Ventura

Filed: 3/6/2026

10400SB2787sam002 LRB104 16964 JDS 35359 a

AMENDMENT TO SENATE BILL 2787

AMENDMENT NO. ______. Amend Senate Bill 2787 by replacing everything after the enacting clause with the following:

"Section 1. Short title. This Act may be cited as the Vehicle History Report Requirements for Used or Pre-Owned Vehicle Sales Act.

Section 5. Purpose. The purpose of this Act is to require dealers to provide vehicle history reports for used or pre-owned vehicles sold to a retail consumer in this State, ensuring transparency and consumer protection.

Section 10. Definitions. As used in this Act:

"Dealer" means an entity licensed under Section 5-101, 5-102, or 5-102.8 of the Illinois Vehicle Code.

"Junk vehicle" has the meaning given in Section 1-134.1 of the Illinois Vehicle Code.

"National Motor Vehicle Title Information System" or "NMVTIS" means the National Motor Vehicle Title Information System established under 49 U.S.C. Chapter 305.

"National Motor Vehicle Title Information System data provider" or "NMVTIS data provider" means a person authorized by the NMVTIS as an access portal provider for the NMVTIS.

"Retail consumer" means a person who purchases or contracts for the purchase of a used or pre-owned vehicle not for resale in the ordinary course of the person's trade or business.

"Salvage vehicle" means a vehicle that has been issued a salvage certificate under the Illinois Vehicle Code or a similar certificate by another state or jurisdiction.

"Used or pre-owned vehicle" means any vehicle that has been previously titled or registered. "Used or pre-owned vehicle" does not include a salvage vehicle or junk vehicle.

"Vehicle" means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, except (1) devices moved by human power, (2) devices used exclusively upon stationary rails or tracks, (3) snowmobiles as defined in the Snowmobile Registration and Safety Act, and (4) vehicles of the Second Division under Section 1-146 of the Illinois Vehicle Code.

Section 15. Requirement to provide vehicle history reports.

(a) Every dealer in this State must obtain and provide, to each retail consumer to whom the dealer sells a used or pre-owned vehicle, a vehicle history report from a NMVTIS data provider or from a provider of vehicle history reports that uses a commercially available system equivalent to the NMVTIS that, at a minimum, maintains records from those states participating in data sharing with the NMVTIS.

(b) The vehicle history report must be:

(1) specific to the vehicle identification number of the vehicle being sold; and

(2) generated no more than 3 days before the day of the sale.

(c) The vehicle history report must include:

(1) the date of the report;

(2) the current state of title and last title date for the vehicle;

(3) the brand history of the vehicle;

(4) the odometer reading of the vehicle; and

(5) the total loss and salvage history of the vehicle.

(d) The vehicle history report may include, if applicable:

(1) the recall information for the vehicle;

(2) the accident or crash history of the vehicle;

(3) the theft history of the vehicle;

(4) the maintenance or repair records for the vehicle; and

(5) any other pertinent historical data related to the vehicle.

(e) A dealer in this State may not knowingly provide false or misleading vehicle history information to a retail consumer. This subsection (e) does not create:

(1) any legal duty upon a dealer related to the accuracy, errors, or omissions contained in a vehicle history report that is obtained from a NMVTIS data provider or a provider of vehicle history reports that uses an equivalent commercially available system to the NMVTIS; or

(2) any legal duty to provide information added to a vehicle history report after the dealer obtained the vehicle history report.

(f) This Section does not apply to a used or pre-owned vehicle for which neither a NMVTIS data provider nor any provider of vehicle history reports that uses a commercially available system equivalent to the NMVTIS has a record, provided the dealer has attempted to obtain a vehicle history report for the vehicle.

(g) If all NMVTIS data providers and all providers of vehicle history reports that use a commercially available system equivalent to the NMVTIS cease to make vehicle history reports available to the public, this Section shall become inoperative.

Section 20. Acknowledgment by retail consumer.

(a) Except as provided in subsection (f) of Section 15, before assuming ownership of a used or pre-owned vehicle, the retail consumer must acknowledge receipt of the vehicle history report and confirm the retail consumer had an opportunity to review the report.

(b) The acknowledgment required under this Section may be made by:

(1) written signature;

(2) electronic signature, in compliance with the Uniform Electronic Transactions Act, including in a remote sale; or

(3) other verifiable electronic or digital means that reasonably demonstrate the retail consumer's receipt and review of the vehicle history report.

(c) The acknowledgment document must include the following notices: "The provision of a vehicle history report does not disclaim any obligation of the dealer to disclose any prior issue or defect not otherwise disclosed on the vehicle history report of which the dealer is aware or should have been aware. The provided vehicle history report may not be inclusive due to reporting delays or errors. The retail consumer may request to have a third-party inspection before assuming ownership of the vehicle."

(d) A dealer must retain each vehicle history report acknowledgment form for 3 years, either in paper or digital form.

Section 25. Duty to accurately report mileage. If a dealer, body shop, or other organization reports the mileage of a used or pre-owned vehicle being bought, sold, serviced, or inspected, then the dealer, body shop, or other organization must accurately report the mileage of the used or pre-owned vehicle.

Section 30. Enforcement by Attorney General.

(a) A violation of this Act constitutes an unlawful business practice under the Consumer Fraud and Deceptive Business Practices Act and is grounds for suspension or revocation of a dealer's license under paragraph 3 of subsection (a) of Section 5-501 of the Illinois Vehicle Code.

(b) In determining whether to impose a civil penalty under this Act and the amount of any such penalty, a court shall consider the nature, circumstances, extent, and gravity of the violation, including:

(1) whether the conduct was committed with intent to defraud;

(2) whether the conduct involved concealment or misrepresentation of material information; and

(3) any other factors the court determines to be appropriate.

(c) Any civil penalty collected under this Section shall be deposited into the Dealer Recovery Trust Fund.

Section 35. Applicability. This Act applies exclusively to retail sales of used or pre-owned vehicles sold to a retail consumer within this State.".