Full Text of HB3747 103rd General Assembly
HB3747ham001 103RD GENERAL ASSEMBLY | Rep. Natalie A. Manley Filed: 3/14/2023
| | 10300HB3747ham001 | | LRB103 30059 MXP 58768 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 3747
| 2 | | AMENDMENT NO. ______. Amend House Bill 3747 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 3-104, 3-117.3, and 3-116.1 and by adding | 6 | | Section 4-208.1 as follows:
| 7 | | (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
| 8 | | Sec. 3-104. Application for certificate of title.
| 9 | | (a) The application for a certificate of title for a | 10 | | vehicle in this
State must be made by the owner to the | 11 | | Secretary of State on the form
prescribed and must contain:
| 12 | | 1. The name, Illinois residence or Illinois place of | 13 | | business , mail address, and, if available, email address | 14 | | of the owner . For the purposes of this subsection | 15 | | "Illinois place of business" means an Illinois location | 16 | | leased or owned by a business, or in the case of an |
| | | 10300HB3747ham001 | - 2 - | LRB103 30059 MXP 58768 a |
|
| 1 | | insurance carrier, their contracted salvage disposal | 2 | | vendor ;
| 3 | | 2. A description of the vehicle including, so far as | 4 | | the following
data exists: Its make, year-model, | 5 | | identifying number, type of body,
whether new or used, as | 6 | | to house trailers as
defined in Section 1-128 of this | 7 | | Code, and as to manufactured homes as defined in Section | 8 | | 1-144.03 of this Code, the square footage based upon the | 9 | | outside dimensions excluding
the length of the tongue and | 10 | | hitch, and, as to vehicles of the
second division, whether | 11 | | for-hire, not-for-hire, or both for-hire and
not-for-hire;
| 12 | | 3. The date of purchase by applicant and, if | 13 | | applicable, the name and
address of the person from whom | 14 | | the vehicle was acquired and the names and
addresses of | 15 | | any lienholders in the order of their priority and | 16 | | signatures of
owners;
| 17 | | 4. The current odometer reading at the time of | 18 | | transfer and that the
stated odometer reading is one of | 19 | | the following: actual mileage, not
the actual mileage or | 20 | | mileage is in excess of its mechanical limits; and
| 21 | | 5. Any further information the Secretary of State | 22 | | reasonably
requires to identify the vehicle and to enable | 23 | | him to determine whether
the owner is entitled to a | 24 | | certificate of title and the existence or
nonexistence of | 25 | | security interests in the vehicle. | 26 | | (a-5) The Secretary of State shall designate on the |
| | | 10300HB3747ham001 | - 3 - | LRB103 30059 MXP 58768 a |
|
| 1 | | prescribed application form a space where the owner of a | 2 | | vehicle may designate a beneficiary, to whom ownership of the | 3 | | vehicle shall pass in the event of the owner's death.
| 4 | | (b) If the application refers to a vehicle purchased from | 5 | | a dealer,
it must also be signed by the dealer as well as the | 6 | | owner, and the dealer must
promptly mail or deliver the | 7 | | application and required documents to the
Secretary of State.
| 8 | | (c) If the application refers to a vehicle last previously
| 9 | | registered in another State or country, the application must | 10 | | contain or
be accompanied by:
| 11 | | 1. Any certified document of ownership so recognized | 12 | | and issued by
the other State or country and acceptable to | 13 | | the Secretary of State, and
| 14 | | 2. Any other information and documents the Secretary | 15 | | of State
reasonably requires to establish the ownership of | 16 | | the vehicle and the
existence or nonexistence of security | 17 | | interests in it.
| 18 | | (d) If the application refers to a new vehicle it must be
| 19 | | accompanied by the Manufacturer's Statement of Origin, or | 20 | | other documents
as required and acceptable by the Secretary of | 21 | | State, with such
assignments as may be necessary to show title | 22 | | in the applicant.
| 23 | | (e) If an application refers to a vehicle rebuilt from a | 24 | | vehicle
previously salvaged, that application shall comply | 25 | | with the provisions
set forth in Sections 3-302 through 3-304 | 26 | | of this Code.
|
| | | 10300HB3747ham001 | - 4 - | LRB103 30059 MXP 58768 a |
|
| 1 | | (f) An application for a certificate of title for any | 2 | | vehicle,
whether purchased in Illinois or outside Illinois, | 3 | | and even if
previously registered in another State, must be | 4 | | accompanied by either an
exemption determination from the | 5 | | Department of Revenue showing that no
tax imposed pursuant to | 6 | | the Use Tax Act or the vehicle use tax imposed by
Section | 7 | | 3-1001 of the Illinois Vehicle Code is owed by anyone with | 8 | | respect to
that vehicle, or a receipt from the Department of | 9 | | Revenue showing that any tax
so imposed has been paid. An | 10 | | application for a certificate of title for any
vehicle | 11 | | purchased outside Illinois, even if previously registered in | 12 | | another
state, must be accompanied by either an exemption | 13 | | determination from the
Department of Revenue showing that no | 14 | | tax imposed pursuant to the Municipal Use
Tax Act or the County | 15 | | Use Tax Act is owed by anyone with respect to that
vehicle, or | 16 | | a receipt from the Department of Revenue showing that any tax | 17 | | so
imposed has been paid. In the absence of such a receipt for | 18 | | payment or
determination of exemption from the Department, no | 19 | | certificate of title shall
be issued to the applicant.
| 20 | | If the proof of payment of the tax or of nonliability | 21 | | therefor is,
after the issuance of the certificate of title | 22 | | and display certificate
of title, found to be invalid, the | 23 | | Secretary of State shall revoke the
certificate and require | 24 | | that the certificate of title and, when
applicable, the | 25 | | display certificate of title be returned to him.
| 26 | | (g) If the application refers to a vehicle not |
| | | 10300HB3747ham001 | - 5 - | LRB103 30059 MXP 58768 a |
|
| 1 | | manufactured in
accordance with federal safety and emission | 2 | | standards, the application must
be accompanied by all | 3 | | documents required by federal governmental
agencies to meet | 4 | | their standards before a vehicle is allowed to be issued
title | 5 | | and registration.
| 6 | | (h) If the application refers to a vehicle sold at public | 7 | | sale by a
sheriff, it must be accompanied by the required fee | 8 | | and a bill of sale
issued and signed by a sheriff. The bill of | 9 | | sale must identify the new
owner's name and address, the year | 10 | | model, make and vehicle identification
number of the vehicle, | 11 | | court order document number authorizing such sale,
if | 12 | | applicable, and the name and address of any lienholders in | 13 | | order of
priority, if applicable.
| 14 | | (i) If the application refers to a vehicle for which a | 15 | | court of law
determined the ownership, it must be accompanied | 16 | | with a certified copy of
such court order and the required fee. | 17 | | The court order must indicate the
new owner's name and | 18 | | address, the complete description of the vehicle, if
known, | 19 | | the name and address of the lienholder, if any, and must be | 20 | | signed
and dated by the judge issuing such order.
| 21 | | (j) If the application refers to a vehicle sold at public | 22 | | auction pursuant
to the Labor and Storage Lien (Small Amount) | 23 | | Act, it must be
accompanied by an affidavit or affirmation | 24 | | furnished by the Secretary of
State along with the
documents | 25 | | described in the affidavit or affirmation and the required | 26 | | fee.
|
| | | 10300HB3747ham001 | - 6 - | LRB103 30059 MXP 58768 a |
|
| 1 | | (k) The Secretary may provide an expedited process for the | 2 | | issuance of vehicle titles. Expedited title applications must | 3 | | be delivered to the Secretary of State's Vehicle Services | 4 | | Department in Springfield by express mail service or hand | 5 | | delivery. Applications must be complete, including necessary | 6 | | forms, fees, and taxes. Applications received before noon on a | 7 | | business day will be processed and shipped that same day. | 8 | | Applications received after noon on a business day will be | 9 | | processed and shipped the next business day. The Secretary | 10 | | shall charge an additional fee of $30 for this service, and | 11 | | that fee shall cover the cost of return shipping via an express | 12 | | mail service. All fees collected by the Secretary of State for | 13 | | expedited services shall be deposited into the Motor Vehicle | 14 | | License Plate Fund. In the event the Vehicle Services | 15 | | Department determines that the volume of expedited title | 16 | | requests received on a given day exceeds the ability of the | 17 | | Vehicle Services Department to process those requests in an | 18 | | expedited manner, the Vehicle Services Department may decline | 19 | | to provide expedited services, and the additional fee for the | 20 | | expedited service shall be refunded to the applicant. | 21 | | (l) If the application refers to a homemade trailer, (i) | 22 | | it must be accompanied by the appropriate documentation | 23 | | regarding the source of materials used in the construction of | 24 | | the trailer, as required by the Secretary of State, (ii) the | 25 | | trailer must be inspected by a Secretary of State employee | 26 | | prior to the issuance of the title, and (iii) upon approval of |
| | | 10300HB3747ham001 | - 7 - | LRB103 30059 MXP 58768 a |
|
| 1 | | the Secretary of State, the trailer must have a vehicle | 2 | | identification number, as provided by the Secretary of State, | 3 | | stamped or riveted to the frame. | 4 | | (m) The holder of a Manufacturer's Statement of Origin to | 5 | | a manufactured home may deliver it to any person to facilitate | 6 | | conveying or encumbering the manufactured home. Any person | 7 | | receiving any such Manufacturer's Statement of Origin so | 8 | | delivered holds it in trust for the person delivering it. | 9 | | (n) Within 45 days after the completion of the first | 10 | | retail sale of a manufactured home, the Manufacturer's | 11 | | Statement of Origin to that manufactured home must be | 12 | | surrendered to the Secretary of State either in conjunction | 13 | | with an application for a certificate of title for that | 14 | | manufactured home or in accordance with Section 3-116.1. | 15 | | (o) Each application for certificate of title for a motor | 16 | | vehicle shall be verified by the National Motor Vehicle Title | 17 | | Information System (NMVTIS) for a vehicle history report prior | 18 | | to the Secretary issuing a certificate of title. | 19 | | (p) The Secretary, at the Secretary's discretion, may use | 20 | | any commercially available title history service to assist in | 21 | | determining the proper title designation of a motor vehicle | 22 | | before the issuance of a certificate of title. | 23 | | (Source: P.A. 102-154, eff. 1-1-22 .)
| 24 | | (625 ILCS 5/3-117.3) | 25 | | Sec. 3-117.3. Junking or salvage certificates; insurance |
| | | 10300HB3747ham001 | - 8 - | LRB103 30059 MXP 58768 a |
|
| 1 | | company; salvage dealer. | 2 | | (a) For purposes of this Section, "salvage dealer" means a | 3 | | licensed dealer who primarily sells salvage vehicles on behalf | 4 | | of insurance companies and obtains a "salvage dealer" | 5 | | designation through the used dealer application process under | 6 | | Section 5-102 of this Code. | 7 | | (b) Notwithstanding any other provision of law to the | 8 | | contrary, an insurance company or salvage dealer may, after | 9 | | completing a record search for any owner of a vehicle or a | 10 | | lienholder of record, obtain free of any lien a junking | 11 | | certificate or salvage certificate in the insurance company's | 12 | | name by submitting an application for a junking certificate or | 13 | | salvage certificate to the Secretary of State. The application | 14 | | shall include, but is not limited to, proof of full payment, in | 15 | | whole or in part, to the vehicle owner or, if applicable, any | 16 | | lienholder of record and proof of notice to the vehicle owner | 17 | | and any lienholder via certified mail or other proof of | 18 | | service that a transfer of title shall occur no earlier than 30 | 19 | | days after the date the notice is sent. Upon approval of the | 20 | | application, the Secretary shall issue to the insurance | 21 | | company a junking certificate or salvage certificate free of | 22 | | any lien in the insurance company's name. For the purposes of | 23 | | this subsection, "proof of full payment" means either a | 24 | | photocopy of a deposited insurance claim check or, for an | 25 | | electronic claims payment, a screen shot from the insurer's | 26 | | proprietary claim system that shows the payee, the amount |
| | | 10300HB3747ham001 | - 9 - | LRB103 30059 MXP 58768 a |
|
| 1 | | paid, and the date of payment. No other additional | 2 | | requirements shall be required of the insurer. | 3 | | An insurance company or salvage dealer shall not sell a | 4 | | salvage vehicle with a title obtained under this subsection | 5 | | (b) to anyone not authorized to buy salvage vehicles under | 6 | | this Code. | 7 | | This subsection (b) shall apply only to a motor vehicle | 8 | | titled in this State that has been through an insurance claims | 9 | | process and the owner of the vehicle or lienholder, if | 10 | | applicable, has received compensation in exchange for | 11 | | relinquishing the ownership rights of the vehicle to an | 12 | | insurance company licensed under the Illinois Insurance Code | 13 | | and the insurance company is unable to obtain an endorsed | 14 | | certificate of title within 30 days of payment to the owner or | 15 | | lienholder. | 16 | | (c) Notwithstanding any other provision of law to the | 17 | | contrary, a salvage dealer may, after completing a record | 18 | | search for any owner of a vehicle or a lienholder of record, | 19 | | obtain free of any lien a junking certificate or salvage | 20 | | certificate in his or her name by submitting an application | 21 | | for a junking certificate or a salvage certificate to the | 22 | | Secretary of State which shall include, but is not limited to, | 23 | | proof of notice via certified mail or other proof of service to | 24 | | the vehicle owner or any lienholder that a transfer of title | 25 | | shall occur no earlier than 30 days after the date the notice | 26 | | is sent. The notice shall inform the vehicle owner or |
| | | 10300HB3747ham001 | - 10 - | LRB103 30059 MXP 58768 a |
|
| 1 | | lienholder that upon payment of any applicable charges, the | 2 | | vehicle may be removed from the salvage dealer's facility. | 3 | | Upon approval of the application, the Secretary shall issue to | 4 | | the salvage dealer a junking certificate or salvage | 5 | | certificate free of any lien in the salvage dealer's name. | 6 | | A salvage dealer shall not sell a salvage vehicle with a | 7 | | title obtained under this subsection (c) to anyone not | 8 | | authorized to buy salvage vehicles under this Code. | 9 | | This subsection (c) shall apply only to a motor vehicle | 10 | | titled in this State and in possession of a salvage dealer by | 11 | | request of an insurance company licensed under the Illinois | 12 | | Insurance Code to take possession of the motor vehicle subject | 13 | | to an insurance claim and the insurance company denies | 14 | | coverage of the vehicle or does not take ownership of the | 15 | | vehicle within 45 days of possession by the salvage dealer. | 16 | | (d) A vehicle owner or lienholder may send notice of | 17 | | dispute of the transfer of title under this Section within 30 | 18 | | days after the required notice is sent by the insurance | 19 | | company or salvage dealer. If a dispute between a vehicle | 20 | | owner or lienholder and an insurance company or salvage dealer | 21 | | cannot be resolved within 45 days after the required notice to | 22 | | the vehicle owner or lienholder is sent, the vehicle owner or | 23 | | lienholder, within 90 days after sending notice of dispute, | 24 | | shall petition a court of competent jurisdiction for an order | 25 | | to determine ownership of the vehicle and shall notify the | 26 | | Secretary of State of the filing of the petition. If a vehicle |
| | | 10300HB3747ham001 | - 11 - | LRB103 30059 MXP 58768 a |
|
| 1 | | owner or lienholder does not file a petition within the 90-day | 2 | | period, the title to the vehicle shall be issued to the | 3 | | insurance company or salvage dealer under this Section. | 4 | | (e) Any person who without authority acquires, sells, | 5 | | exchanges, gives away, transfers, or destroys or offers to | 6 | | acquire, sell, exchange, give away, transfer, or destroy the | 7 | | certificate of title to any vehicle which is a junk or salvage | 8 | | vehicle shall be guilty of a Class 3 felony. | 9 | | (f) Any person who knowingly fails to surrender to the | 10 | | Secretary of State a certificate of title, salvage | 11 | | certificate, or certificate of purchase is guilty of a Class A | 12 | | misdemeanor for a first offense and a Class 4 felony for a | 13 | | second and subsequent offense. | 14 | | (g) Any vehicle which is salvage or junk may not be driven | 15 | | or operated on roads and highways within this State. A | 16 | | violation of this subsection (g) is a Class A misdemeanor. A | 17 | | salvage vehicle displaying valid special plates issued under | 18 | | subsection (b) of Section 3-601 of this Code, which is being | 19 | | driven to or from an inspection conducted under Section 3-308 | 20 | | of this Code, is exempt from the provisions of this subsection | 21 | | (g). A salvage vehicle for which a short term permit has been | 22 | | issued under Section 3-307 of this Code is exempt from the | 23 | | provisions of this subsection (g) for the duration of the | 24 | | permit. | 25 | | (h) The Secretary of State may adopt any rules necessary | 26 | | to implement this Section.
|
| | | 10300HB3747ham001 | - 12 - | LRB103 30059 MXP 58768 a |
|
| 1 | | (Source: P.A. 100-104, eff. 11-9-17 .)".
|
|