Full Text of SB1946 100th General Assembly
SB1946sam001 100TH GENERAL ASSEMBLY | Sen. John G. Mulroe Filed: 3/2/2017
| | 10000SB1946sam001 | | LRB100 08845 AXK 22866 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1946
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1946 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 3-117.1 and 5-104.3 and by adding Section | 6 | | 3-117.3 as follows:
| 7 | | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
| 8 | | (Text of Section before amendment by P.A. 99-932 )
| 9 | | Sec. 3-117.1. When junking certificates or salvage | 10 | | certificates must
be obtained. | 11 | | (a) Except as provided in Chapter 4 and Section 3-117.3 of | 12 | | this Code, a person who possesses a
junk vehicle shall within | 13 | | 15 days cause the certificate of title, salvage
certificate, | 14 | | certificate of purchase, or a similarly acceptable out of state
| 15 | | document of ownership to be surrendered to the Secretary of | 16 | | State along with an
application for a junking certificate, |
| | | 10000SB1946sam001 | - 2 - | LRB100 08845 AXK 22866 a |
|
| 1 | | except as provided in Section 3-117.2,
whereupon the Secretary | 2 | | of State shall issue to such a person a junking
certificate, | 3 | | which shall authorize the holder thereof to possess, transport,
| 4 | | or, by an endorsement, transfer ownership in such junked | 5 | | vehicle, and a
certificate of title shall not again be issued | 6 | | for such vehicle.
| 7 | | A licensee who possesses a junk vehicle and a Certificate | 8 | | of Title,
Salvage Certificate, Certificate of Purchase, or a | 9 | | similarly acceptable
out-of-state document of ownership for | 10 | | such junk vehicle, may transport the
junk vehicle to another | 11 | | licensee prior to applying for or obtaining a
junking | 12 | | certificate, by executing a uniform invoice. The licensee
| 13 | | transferor shall furnish a copy of the uniform invoice to the | 14 | | licensee
transferee at the time of transfer. In any case, the | 15 | | licensee transferor
shall apply for a junking certificate in | 16 | | conformance with Section 3-117.1
of this Chapter. The following | 17 | | information shall be contained on a uniform
invoice:
| 18 | | (1) The business name, address and dealer license | 19 | | number of the person
disposing of the vehicle, junk vehicle | 20 | | or vehicle cowl;
| 21 | | (2) The name and address of the person acquiring the | 22 | | vehicle, junk
vehicle or vehicle cowl, and if that person | 23 | | is a dealer, the Illinois or
out-of-state dealer license | 24 | | number of that dealer;
| 25 | | (3) The date of the disposition of the vehicle, junk | 26 | | vehicle or vehicle
cowl;
|
| | | 10000SB1946sam001 | - 3 - | LRB100 08845 AXK 22866 a |
|
| 1 | | (4) The year, make, model, color and description of | 2 | | each vehicle, junk
vehicle or vehicle cowl disposed of by | 3 | | such person;
| 4 | | (5) The manufacturer's vehicle identification number, | 5 | | Secretary of State
identification number or Illinois | 6 | | Department of State Police number,
for each vehicle, junk | 7 | | vehicle or vehicle cowl part disposed of by such person;
| 8 | | (6) The printed name and legible signature of the | 9 | | person or agent
disposing of the vehicle, junk vehicle or | 10 | | vehicle cowl; and
| 11 | | (7) The printed name and legible signature of the | 12 | | person accepting
delivery of the vehicle, junk vehicle or | 13 | | vehicle cowl.
| 14 | | The Secretary of State may certify a junking manifest in a | 15 | | form prescribed by
the Secretary of State that reflects those | 16 | | vehicles for which junking
certificates have been applied or | 17 | | issued. A junking manifest
may be issued to any person and it | 18 | | shall constitute evidence of ownership
for the vehicle listed | 19 | | upon it. A junking manifest may be transferred only
to a person | 20 | | licensed under Section 5-301 of this Code as a scrap processor.
| 21 | | A junking manifest will allow the transportation of those
| 22 | | vehicles to a scrap processor prior to receiving the junk | 23 | | certificate from
the Secretary of State.
| 24 | | (b) An application for a salvage certificate shall be | 25 | | submitted to the
Secretary of State in any of the following | 26 | | situations:
|
| | | 10000SB1946sam001 | - 4 - | LRB100 08845 AXK 22866 a |
|
| 1 | | (1) When an insurance company makes a payment of | 2 | | damages on a total loss
claim for a vehicle, the insurance | 3 | | company shall be deemed to be the owner of
such vehicle and | 4 | | the vehicle shall be considered to be salvage except that
| 5 | | ownership of (i) a vehicle that has incurred only hail | 6 | | damage that does
not
affect the operational safety of the | 7 | | vehicle or (ii) any vehicle
9 model years of age or older | 8 | | may, by agreement between
the registered owner and the | 9 | | insurance company, be retained by the registered
owner of | 10 | | such vehicle. The insurance company shall promptly deliver | 11 | | or mail
within 20 days the certificate of title along with | 12 | | proper application and fee
to the Secretary of State, and a | 13 | | salvage certificate shall be issued in the
name of the | 14 | | insurance company. Notwithstanding the foregoing, an | 15 | | insurer making payment of damages on a total loss claim for | 16 | | the theft of a vehicle shall not be required to apply for a | 17 | | salvage certificate unless the vehicle is recovered and has | 18 | | incurred damage that initially would have caused the | 19 | | vehicle to be declared a total loss by the insurer. | 20 | | (1.1) When a vehicle of a self-insured company is to be | 21 | | sold in the State of Illinois and has sustained damaged by | 22 | | collision, fire, theft, rust corrosion, or other means so | 23 | | that the self-insured company determines the vehicle to be | 24 | | a total loss, or if the cost of repairing the damage, | 25 | | including labor, would be greater than 50% of its fair | 26 | | market value without that damage, the vehicle shall be |
| | | 10000SB1946sam001 | - 5 - | LRB100 08845 AXK 22866 a |
|
| 1 | | considered salvage. The self-insured company shall | 2 | | promptly deliver the certificate of title along with proper | 3 | | application and fee to the Secretary of State, and a | 4 | | salvage certificate shall be issued in the name of the | 5 | | self-insured company. A self-insured company making | 6 | | payment of damages on a total loss claim for the theft of a | 7 | | vehicle may exchange the salvage certificate for a | 8 | | certificate of title if the vehicle is recovered without | 9 | | damage. In such a situation, the self-insured shall fill | 10 | | out and sign a form prescribed by the Secretary of State | 11 | | which contains an affirmation under penalty of perjury that | 12 | | the vehicle was recovered without damage and the Secretary | 13 | | of State may, by rule, require photographs to be submitted.
| 14 | | (2) When a vehicle the ownership of which has been | 15 | | transferred to any
person through a certificate of purchase | 16 | | from acquisition of the vehicle at an
auction, other | 17 | | dispositions as set forth in Sections 4-208 and 4-209
of | 18 | | this Code, a lien arising under Section 18a-501 of this | 19 | | Code,
or a public sale under the Abandoned Mobile Home Act | 20 | | shall be deemed
salvage or junk at the option of the | 21 | | purchaser. The person acquiring such
vehicle in such manner | 22 | | shall promptly deliver or mail, within 20 days after the
| 23 | | acquisition of the vehicle, the certificate of purchase, | 24 | | the
proper application and fee, and, if the vehicle is an | 25 | | abandoned mobile home
under the Abandoned Mobile Home Act, | 26 | | a certification from a local law
enforcement agency that |
| | | 10000SB1946sam001 | - 6 - | LRB100 08845 AXK 22866 a |
|
| 1 | | the vehicle was purchased or acquired at a public sale
| 2 | | under the Abandoned Mobile Home Act to the Secretary of | 3 | | State and a salvage
certificate or junking certificate | 4 | | shall be issued in the name of that person.
The salvage | 5 | | certificate or junking certificate issued by the Secretary | 6 | | of State
under this Section shall be free of any lien that | 7 | | existed against the vehicle
prior to the time the vehicle | 8 | | was acquired by the applicant under this Code.
| 9 | | (3) A vehicle which has been repossessed by a | 10 | | lienholder shall be
considered to be salvage only when the | 11 | | repossessed vehicle, on the date of
repossession by the | 12 | | lienholder, has sustained damage by collision, fire, | 13 | | theft,
rust corrosion, or other means so that the cost of | 14 | | repairing
such damage, including labor, would be greater | 15 | | than 33 1/3% of its fair market
value without such damage. | 16 | | If the lienholder determines that such vehicle is
damaged | 17 | | in excess of 33 1/3% of such fair market value, the | 18 | | lienholder shall,
before sale, transfer or assignment of | 19 | | the vehicle, make application for a
salvage certificate, | 20 | | and shall submit with such application the proper fee
and | 21 | | evidence of possession. If the facts required to be shown | 22 | | in
subsection (f) of Section 3-114 are satisfied, the | 23 | | Secretary of State shall
issue a salvage certificate in the | 24 | | name of the lienholder making the
application. In any case | 25 | | wherein the vehicle repossessed is not damaged in
excess of | 26 | | 33 1/3% of its fair market value, the lienholder
shall |
| | | 10000SB1946sam001 | - 7 - | LRB100 08845 AXK 22866 a |
|
| 1 | | comply with the requirements of subsections (f), (f-5), and | 2 | | (f-10) of
Section 3-114, except that the affidavit of | 3 | | repossession made by or on behalf
of the lienholder
shall | 4 | | also contain an affirmation under penalty of perjury that | 5 | | the vehicle
on
the date of sale is not
damaged in
excess of | 6 | | 33 1/3% of its fair market value. If the facts required to | 7 | | be shown
in subsection (f) of Section 3-114 are satisfied, | 8 | | the Secretary of State
shall issue a certificate of title | 9 | | as set forth in Section 3-116 of this Code.
The Secretary | 10 | | of State may by rule or regulation require photographs to | 11 | | be
submitted.
| 12 | | (4) A vehicle which is a part of a fleet of more than 5 | 13 | | commercial
vehicles registered in this State or any other | 14 | | state or registered
proportionately among several states | 15 | | shall be considered to be salvage when
such vehicle has | 16 | | sustained damage by collision, fire, theft, rust,
| 17 | | corrosion or similar means so that the cost of repairing | 18 | | such damage, including
labor, would be greater than 33 1/3% | 19 | | of the fair market value of the vehicle
without such | 20 | | damage. If the owner of a fleet vehicle desires to sell,
| 21 | | transfer, or assign his interest in such vehicle to a | 22 | | person within this State
other than an insurance company | 23 | | licensed to do business within this State, and
the owner | 24 | | determines that such vehicle, at the time of the proposed | 25 | | sale,
transfer or assignment is damaged in excess of 33 | 26 | | 1/3% of its fair market
value, the owner shall, before such |
| | | 10000SB1946sam001 | - 8 - | LRB100 08845 AXK 22866 a |
|
| 1 | | sale, transfer or assignment, make
application for a | 2 | | salvage certificate. The application shall contain with it
| 3 | | evidence of possession of the vehicle. If the fleet vehicle | 4 | | at the time of its
sale, transfer, or assignment is not | 5 | | damaged in excess of 33 1/3% of its
fair market value, the | 6 | | owner shall so state in a written affirmation on a
form | 7 | | prescribed by the Secretary of State by rule or regulation. | 8 | | The
Secretary of State may by rule or regulation require | 9 | | photographs to be
submitted. Upon sale, transfer or | 10 | | assignment of the fleet vehicle the
owner shall mail the | 11 | | affirmation to the Secretary of State.
| 12 | | (5) A vehicle that has been submerged in water to the
| 13 | | point that rising water has reached over the door sill and | 14 | | has
entered the
passenger or trunk compartment is a "flood | 15 | | vehicle". A flood vehicle shall
be considered to be salvage | 16 | | only if the vehicle has sustained damage so that
the cost | 17 | | of repairing the damage, including labor, would be greater | 18 | | than 33
1/3% of the fair market value of the vehicle | 19 | | without that damage. The salvage
certificate issued under | 20 | | this
Section shall indicate the word "flood", and the word | 21 | | "flood" shall be
conspicuously entered on subsequent | 22 | | titles for the vehicle. A person who
possesses or acquires | 23 | | a flood vehicle that is not damaged in excess of 33 1/3%
of | 24 | | its fair market value shall make application for title in | 25 | | accordance with
Section 3-116 of this Code, designating the | 26 | | vehicle as "flood" in a manner
prescribed by the Secretary |
| | | 10000SB1946sam001 | - 9 - | LRB100 08845 AXK 22866 a |
|
| 1 | | of State. The certificate of title issued shall
indicate | 2 | | the word "flood", and the word "flood" shall be | 3 | | conspicuously entered
on subsequent titles for the | 4 | | vehicle.
| 5 | | (6) When any licensed rebuilder, repairer, new or used | 6 | | vehicle dealer, or remittance agent has submitted an | 7 | | application for title to a vehicle (other than an | 8 | | application for title to a rebuilt vehicle) that he or she | 9 | | knows or reasonably should have known to have sustained | 10 | | damages in excess of 33 1/3% of the vehicle's fair market | 11 | | value without that damage; provided, however, that any | 12 | | application for a salvage certificate for a vehicle | 13 | | recovered from theft and acquired from an insurance company | 14 | | shall be made as required by paragraph (1) of this | 15 | | subsection (b). | 16 | | (c) Any person who without authority acquires, sells, | 17 | | exchanges, gives
away, transfers or destroys or offers to | 18 | | acquire, sell, exchange, give
away, transfer or destroy the | 19 | | certificate of title to any vehicle which is
a junk or salvage | 20 | | vehicle shall be guilty of a Class 3 felony.
| 21 | | (d) Any person who knowingly fails to surrender to the | 22 | | Secretary of State a
certificate of title, salvage certificate, | 23 | | certificate of purchase or a
similarly acceptable out-of-state | 24 | | document of ownership as required under
the provisions of this | 25 | | Section is guilty of a Class A misdemeanor for a
first offense | 26 | | and a Class 4 felony for a subsequent offense; except that a
|
| | | 10000SB1946sam001 | - 10 - | LRB100 08845 AXK 22866 a |
|
| 1 | | person licensed under this Code who violates paragraph (5) of | 2 | | subsection (b)
of this Section is
guilty of a business offense | 3 | | and shall be fined not less than $1,000 nor more
than $5,000 | 4 | | for a first offense and is guilty of a Class 4 felony
for a | 5 | | second or subsequent violation.
| 6 | | (e) Any vehicle which is salvage or junk may not be driven | 7 | | or operated
on roads and highways within this State. A | 8 | | violation of this subsection is
a Class A misdemeanor. A | 9 | | salvage vehicle displaying valid special plates
issued under | 10 | | Section 3-601(b) of this Code, which is being driven to or
from | 11 | | an inspection conducted under Section 3-308 of this Code, is | 12 | | exempt
from the provisions of this subsection. A salvage | 13 | | vehicle for which a
short term permit has been issued under | 14 | | Section 3-307 of this Code is
exempt from the provisions of | 15 | | this subsection for the duration of the permit.
| 16 | | (Source: P.A. 97-832, eff. 7-20-12.)
| 17 | | (Text of Section after amendment by P.A. 99-932 )
| 18 | | Sec. 3-117.1. When junking certificates or salvage | 19 | | certificates must
be obtained. | 20 | | (a) Except as provided in Chapter 4 and Section 3-117.3 of | 21 | | this Code, a person who possesses a
junk vehicle shall within | 22 | | 15 days cause the certificate of title, salvage
certificate, | 23 | | certificate of purchase, or a similarly acceptable out of state
| 24 | | document of ownership to be surrendered to the Secretary of | 25 | | State along with an
application for a junking certificate, |
| | | 10000SB1946sam001 | - 11 - | LRB100 08845 AXK 22866 a |
|
| 1 | | except as provided in Section 3-117.2,
whereupon the Secretary | 2 | | of State shall issue to such a person a junking
certificate, | 3 | | which shall authorize the holder thereof to possess, transport,
| 4 | | or, by an endorsement, transfer ownership in such junked | 5 | | vehicle, and a
certificate of title shall not again be issued | 6 | | for such vehicle.
| 7 | | A licensee who possesses a junk vehicle and a Certificate | 8 | | of Title,
Salvage Certificate, Certificate of Purchase, or a | 9 | | similarly acceptable
out-of-state document of ownership for | 10 | | such junk vehicle, may transport the
junk vehicle to another | 11 | | licensee prior to applying for or obtaining a
junking | 12 | | certificate, by executing a uniform invoice. The licensee
| 13 | | transferor shall furnish a copy of the uniform invoice to the | 14 | | licensee
transferee at the time of transfer. In any case, the | 15 | | licensee transferor
shall apply for a junking certificate in | 16 | | conformance with Section 3-117.1
of this Chapter. The following | 17 | | information shall be contained on a uniform
invoice:
| 18 | | (1) The business name, address and dealer license | 19 | | number of the person
disposing of the vehicle, junk vehicle | 20 | | or vehicle cowl;
| 21 | | (2) The name and address of the person acquiring the | 22 | | vehicle, junk
vehicle or vehicle cowl, and if that person | 23 | | is a dealer, the Illinois or
out-of-state dealer license | 24 | | number of that dealer;
| 25 | | (3) The date of the disposition of the vehicle, junk | 26 | | vehicle or vehicle
cowl;
|
| | | 10000SB1946sam001 | - 12 - | LRB100 08845 AXK 22866 a |
|
| 1 | | (4) The year, make, model, color and description of | 2 | | each vehicle, junk
vehicle or vehicle cowl disposed of by | 3 | | such person;
| 4 | | (5) The manufacturer's vehicle identification number, | 5 | | Secretary of State
identification number or Illinois | 6 | | Department of State Police number,
for each vehicle, junk | 7 | | vehicle or vehicle cowl part disposed of by such person;
| 8 | | (6) The printed name and legible signature of the | 9 | | person or agent
disposing of the vehicle, junk vehicle or | 10 | | vehicle cowl; and
| 11 | | (7) The printed name and legible signature of the | 12 | | person accepting
delivery of the vehicle, junk vehicle or | 13 | | vehicle cowl.
| 14 | | The Secretary of State may certify a junking manifest in a | 15 | | form prescribed by
the Secretary of State that reflects those | 16 | | vehicles for which junking
certificates have been applied or | 17 | | issued. A junking manifest
may be issued to any person and it | 18 | | shall constitute evidence of ownership
for the vehicle listed | 19 | | upon it. A junking manifest may be transferred only
to a person | 20 | | licensed under Section 5-301 of this Code as a scrap processor.
| 21 | | A junking manifest will allow the transportation of those
| 22 | | vehicles to a scrap processor prior to receiving the junk | 23 | | certificate from
the Secretary of State.
| 24 | | (b) An application for a salvage certificate shall be | 25 | | submitted to the
Secretary of State in any of the following | 26 | | situations:
|
| | | 10000SB1946sam001 | - 13 - | LRB100 08845 AXK 22866 a |
|
| 1 | | (1) When an insurance company makes a payment of | 2 | | damages on a total loss
claim for a vehicle, the insurance | 3 | | company shall be deemed to be the owner of
such vehicle and | 4 | | the vehicle shall be considered to be salvage except that
| 5 | | ownership of (i) a vehicle that has incurred only hail | 6 | | damage that does
not
affect the operational safety of the | 7 | | vehicle or (ii) any vehicle
9 model years of age or older | 8 | | may, by agreement between
the registered owner and the | 9 | | insurance company, be retained by the registered
owner of | 10 | | such vehicle. The insurance company shall promptly deliver | 11 | | or mail
within 20 days the certificate of title along with | 12 | | proper application and fee
to the Secretary of State, and a | 13 | | salvage certificate shall be issued in the
name of the | 14 | | insurance company. Notwithstanding the foregoing, an | 15 | | insurer making payment of damages on a total loss claim for | 16 | | the theft of a vehicle shall not be required to apply for a | 17 | | salvage certificate unless the vehicle is recovered and has | 18 | | incurred damage that initially would have caused the | 19 | | vehicle to be declared a total loss by the insurer. | 20 | | (1.1) When a vehicle of a self-insured company is to be | 21 | | sold in the State of Illinois and has sustained damaged by | 22 | | collision, fire, theft, rust corrosion, or other means so | 23 | | that the self-insured company determines the vehicle to be | 24 | | a total loss, or if the cost of repairing the damage, | 25 | | including labor, would be greater than 70% of its fair | 26 | | market value without that damage, the vehicle shall be |
| | | 10000SB1946sam001 | - 14 - | LRB100 08845 AXK 22866 a |
|
| 1 | | considered salvage. The self-insured company shall | 2 | | promptly deliver the certificate of title along with proper | 3 | | application and fee to the Secretary of State, and a | 4 | | salvage certificate shall be issued in the name of the | 5 | | self-insured company. A self-insured company making | 6 | | payment of damages on a total loss claim for the theft of a | 7 | | vehicle may exchange the salvage certificate for a | 8 | | certificate of title if the vehicle is recovered without | 9 | | damage. In such a situation, the self-insured shall fill | 10 | | out and sign a form prescribed by the Secretary of State | 11 | | which contains an affirmation under penalty of perjury that | 12 | | the vehicle was recovered without damage and the Secretary | 13 | | of State may, by rule, require photographs to be submitted.
| 14 | | (2) When a vehicle the ownership of which has been | 15 | | transferred to any
person through a certificate of purchase | 16 | | from acquisition of the vehicle at an
auction, other | 17 | | dispositions as set forth in Sections 4-208 and 4-209
of | 18 | | this Code, a lien arising under Section 18a-501 of this | 19 | | Code,
or a public sale under the Abandoned Mobile Home Act | 20 | | shall be deemed
salvage or junk at the option of the | 21 | | purchaser. The person acquiring such
vehicle in such manner | 22 | | shall promptly deliver or mail, within 20 days after the
| 23 | | acquisition of the vehicle, the certificate of purchase, | 24 | | the
proper application and fee, and, if the vehicle is an | 25 | | abandoned mobile home
under the Abandoned Mobile Home Act, | 26 | | a certification from a local law
enforcement agency that |
| | | 10000SB1946sam001 | - 15 - | LRB100 08845 AXK 22866 a |
|
| 1 | | the vehicle was purchased or acquired at a public sale
| 2 | | under the Abandoned Mobile Home Act to the Secretary of | 3 | | State and a salvage
certificate or junking certificate | 4 | | shall be issued in the name of that person.
The salvage | 5 | | certificate or junking certificate issued by the Secretary | 6 | | of State
under this Section shall be free of any lien that | 7 | | existed against the vehicle
prior to the time the vehicle | 8 | | was acquired by the applicant under this Code.
| 9 | | (3) A vehicle which has been repossessed by a | 10 | | lienholder shall be
considered to be salvage only when the | 11 | | repossessed vehicle, on the date of
repossession by the | 12 | | lienholder, has sustained damage by collision, fire, | 13 | | theft,
rust corrosion, or other means so that the cost of | 14 | | repairing
such damage, including labor, would be greater | 15 | | than 33 1/3% of its fair market
value without such damage. | 16 | | If the lienholder determines that such vehicle is
damaged | 17 | | in excess of 33 1/3% of such fair market value, the | 18 | | lienholder shall,
before sale, transfer or assignment of | 19 | | the vehicle, make application for a
salvage certificate, | 20 | | and shall submit with such application the proper fee
and | 21 | | evidence of possession. If the facts required to be shown | 22 | | in
subsection (f) of Section 3-114 are satisfied, the | 23 | | Secretary of State shall
issue a salvage certificate in the | 24 | | name of the lienholder making the
application. In any case | 25 | | wherein the vehicle repossessed is not damaged in
excess of | 26 | | 33 1/3% of its fair market value, the lienholder
shall |
| | | 10000SB1946sam001 | - 16 - | LRB100 08845 AXK 22866 a |
|
| 1 | | comply with the requirements of subsections (f), (f-5), and | 2 | | (f-10) of
Section 3-114, except that the affidavit of | 3 | | repossession made by or on behalf
of the lienholder
shall | 4 | | also contain an affirmation under penalty of perjury that | 5 | | the vehicle
on
the date of sale is not
damaged in
excess of | 6 | | 33 1/3% of its fair market value. If the facts required to | 7 | | be shown
in subsection (f) of Section 3-114 are satisfied, | 8 | | the Secretary of State
shall issue a certificate of title | 9 | | as set forth in Section 3-116 of this Code.
The Secretary | 10 | | of State may by rule or regulation require photographs to | 11 | | be
submitted.
| 12 | | (4) A vehicle which is a part of a fleet of more than 5 | 13 | | commercial
vehicles registered in this State or any other | 14 | | state or registered
proportionately among several states | 15 | | shall be considered to be salvage when
such vehicle has | 16 | | sustained damage by collision, fire, theft, rust,
| 17 | | corrosion or similar means so that the cost of repairing | 18 | | such damage, including
labor, would be greater than 33 1/3% | 19 | | of the fair market value of the vehicle
without such | 20 | | damage. If the owner of a fleet vehicle desires to sell,
| 21 | | transfer, or assign his interest in such vehicle to a | 22 | | person within this State
other than an insurance company | 23 | | licensed to do business within this State, and
the owner | 24 | | determines that such vehicle, at the time of the proposed | 25 | | sale,
transfer or assignment is damaged in excess of 33 | 26 | | 1/3% of its fair market
value, the owner shall, before such |
| | | 10000SB1946sam001 | - 17 - | LRB100 08845 AXK 22866 a |
|
| 1 | | sale, transfer or assignment, make
application for a | 2 | | salvage certificate. The application shall contain with it
| 3 | | evidence of possession of the vehicle. If the fleet vehicle | 4 | | at the time of its
sale, transfer, or assignment is not | 5 | | damaged in excess of 33 1/3% of its
fair market value, the | 6 | | owner shall so state in a written affirmation on a
form | 7 | | prescribed by the Secretary of State by rule or regulation. | 8 | | The
Secretary of State may by rule or regulation require | 9 | | photographs to be
submitted. Upon sale, transfer or | 10 | | assignment of the fleet vehicle the
owner shall mail the | 11 | | affirmation to the Secretary of State.
| 12 | | (5) A vehicle that has been submerged in water to the
| 13 | | point that rising water has reached over the door sill and | 14 | | has
entered the
passenger or trunk compartment is a "flood | 15 | | vehicle". A flood vehicle shall
be considered to be salvage | 16 | | only if the vehicle has sustained damage so that
the cost | 17 | | of repairing the damage, including labor, would be greater | 18 | | than 33
1/3% of the fair market value of the vehicle | 19 | | without that damage. The salvage
certificate issued under | 20 | | this
Section shall indicate the word "flood", and the word | 21 | | "flood" shall be
conspicuously entered on subsequent | 22 | | titles for the vehicle. A person who
possesses or acquires | 23 | | a flood vehicle that is not damaged in excess of 33 1/3%
of | 24 | | its fair market value shall make application for title in | 25 | | accordance with
Section 3-116 of this Code, designating the | 26 | | vehicle as "flood" in a manner
prescribed by the Secretary |
| | | 10000SB1946sam001 | - 18 - | LRB100 08845 AXK 22866 a |
|
| 1 | | of State. The certificate of title issued shall
indicate | 2 | | the word "flood", and the word "flood" shall be | 3 | | conspicuously entered
on subsequent titles for the | 4 | | vehicle.
| 5 | | (6) When any licensed rebuilder, repairer, new or used | 6 | | vehicle dealer, or remittance agent has submitted an | 7 | | application for title to a vehicle (other than an | 8 | | application for title to a rebuilt vehicle) that he or she | 9 | | knows or reasonably should have known to have sustained | 10 | | damages in excess of 33 1/3% of the vehicle's fair market | 11 | | value without that damage; provided, however, that any | 12 | | application for a salvage certificate for a vehicle | 13 | | recovered from theft and acquired from an insurance company | 14 | | shall be made as required by paragraph (1) of this | 15 | | subsection (b). | 16 | | (c) Any person who without authority acquires, sells, | 17 | | exchanges, gives
away, transfers or destroys or offers to | 18 | | acquire, sell, exchange, give
away, transfer or destroy the | 19 | | certificate of title to any vehicle which is
a junk or salvage | 20 | | vehicle shall be guilty of a Class 3 felony.
| 21 | | (d) Any person who knowingly fails to surrender to the | 22 | | Secretary of State a
certificate of title, salvage certificate, | 23 | | certificate of purchase or a
similarly acceptable out-of-state | 24 | | document of ownership as required under
the provisions of this | 25 | | Section is guilty of a Class A misdemeanor for a
first offense | 26 | | and a Class 4 felony for a subsequent offense; except that a
|
| | | 10000SB1946sam001 | - 19 - | LRB100 08845 AXK 22866 a |
|
| 1 | | person licensed under this Code who violates paragraph (5) of | 2 | | subsection (b)
of this Section is
guilty of a business offense | 3 | | and shall be fined not less than $1,000 nor more
than $5,000 | 4 | | for a first offense and is guilty of a Class 4 felony
for a | 5 | | second or subsequent violation.
| 6 | | (e) Any vehicle which is salvage or junk may not be driven | 7 | | or operated
on roads and highways within this State. A | 8 | | violation of this subsection is
a Class A misdemeanor. A | 9 | | salvage vehicle displaying valid special plates
issued under | 10 | | Section 3-601(b) of this Code, which is being driven to or
from | 11 | | an inspection conducted under Section 3-308 of this Code, is | 12 | | exempt
from the provisions of this subsection. A salvage | 13 | | vehicle for which a
short term permit has been issued under | 14 | | Section 3-307 of this Code is
exempt from the provisions of | 15 | | this subsection for the duration of the permit.
| 16 | | (Source: P.A. 99-932, eff. 6-1-17.)
| 17 | | (625 ILCS 5/3-117.3 new) | 18 | | Sec. 3-117.3. Junking or salvage certificates; insurance | 19 | | company; salvage dealer. | 20 | | (a) For purposes of this Section, "salvage dealer" means a | 21 | | licensed dealer who primarily sells salvage vehicles on behalf | 22 | | of insurance companies and obtains a "salvage dealer" | 23 | | designation through the used dealer application process under | 24 | | Section 5-102 of this Code. | 25 | | (b) Notwithstanding any other provision of law to the |
| | | 10000SB1946sam001 | - 20 - | LRB100 08845 AXK 22866 a |
|
| 1 | | contrary, an insurance company or salvage dealer may, after | 2 | | completing a record search for any owner of a vehicle or a | 3 | | lienholder of record, obtain free of any lien a junking | 4 | | certificate or salvage certificate in the insurance company's | 5 | | name by submitting an application for a junking certificate or | 6 | | salvage certificate to the Secretary of State. The application | 7 | | shall include, but is not limited to, proof of full payment, in | 8 | | whole or in part, to the vehicle owner or, if applicable, any | 9 | | lienholder of record and proof of notice to the vehicle owner | 10 | | and any lienholder via certified mail or other proof of service | 11 | | that a transfer of title shall occur no earlier than 30 days | 12 | | after the date the notice is sent. Upon approval of the | 13 | | application, the Secretary shall issue to the insurance company | 14 | | a junking certificate or salvage certificate free of any lien | 15 | | in the insurance company's name. | 16 | | An insurance company or salvage dealer shall not sell a | 17 | | salvage vehicle with a title obtained under this subsection (b) | 18 | | to anyone not authorized to buy salvage vehicles under this | 19 | | Code. | 20 | | This subsection (b) shall apply only to a motor vehicle | 21 | | titled in this State that has been through an insurance claims | 22 | | process and the owner of the vehicle or lienholder, if | 23 | | applicable, has received compensation in exchange for | 24 | | relinquishing the ownership rights of the vehicle to an | 25 | | insurance company licensed under the Illinois Insurance Code | 26 | | and the insurance company is unable to obtain an endorsed |
| | | 10000SB1946sam001 | - 21 - | LRB100 08845 AXK 22866 a |
|
| 1 | | certificate of title within 30 days of payment to the owner or | 2 | | lienholder. | 3 | | (c) Notwithstanding any other provision of law to the | 4 | | contrary, a salvage dealer may, after completing a record | 5 | | search for any owner of a vehicle or a lienholder of record, | 6 | | obtain free of any lien a junking certificate or salvage | 7 | | certificate in his or her name by submitting an application for | 8 | | a junking certificate or a salvage certificate to the Secretary | 9 | | of State which shall include, but is not limited to, proof of | 10 | | notice via certified mail or other proof of service to the | 11 | | vehicle owner or any lienholder that a transfer of title shall | 12 | | occur no earlier than 30 days after the date the notice is | 13 | | sent. The notice shall inform the vehicle owner or lienholder | 14 | | that upon payment of any applicable charges, the vehicle may be | 15 | | removed from the salvage dealer's facility. Upon approval of | 16 | | the application, the Secretary shall issue to the salvage | 17 | | dealer a junking certificate or salvage certificate free of any | 18 | | lien in the salvage dealer's name. | 19 | | A salvage dealer shall not sell a salvage vehicle with a | 20 | | title obtained under this subsection (c) to anyone not | 21 | | authorized to buy salvage vehicles under this Code. | 22 | | This subsection (c) shall apply only to a motor vehicle | 23 | | titled in this State and in possession of a salvage dealer by | 24 | | request of an insurance company licensed under the Illinois | 25 | | Insurance Code to take possession of the motor vehicle subject | 26 | | to an insurance claim and the insurance company denies coverage |
| | | 10000SB1946sam001 | - 22 - | LRB100 08845 AXK 22866 a |
|
| 1 | | of the vehicle or does not take ownership of the vehicle within | 2 | | 45 days of possession by the salvage dealer. | 3 | | (d) A vehicle owner or lienholder may send notice of | 4 | | dispute of the transfer of title under this Section within 30 | 5 | | days after the required notice is sent by the insurance company | 6 | | or salvage dealer. If a dispute between a vehicle owner or | 7 | | lienholder and an insurance company or salvage dealer cannot be | 8 | | resolved within 45 days after the required notice to the | 9 | | vehicle owner or lienholder is sent, the vehicle owner or | 10 | | lienholder, within 90 days after sending notice of dispute, | 11 | | shall petition a court of competent jurisdiction for an order | 12 | | to determine ownership of the vehicle and shall notify the | 13 | | Secretary of State of the filing of the petition. If a vehicle | 14 | | owner or lienholder does not file a petition within the 90-day | 15 | | period, the title to the vehicle shall be issued to the | 16 | | insurance company or salvage dealer under this Section. | 17 | | (e) Any person who without authority acquires, sells, | 18 | | exchanges, gives away, transfers, or destroys or offers to | 19 | | acquire, sell, exchange, give away, transfer, or destroy the | 20 | | certificate of title to any vehicle which is a junk or salvage | 21 | | vehicle shall be guilty of a Class 3 felony. | 22 | | (f) Any person who knowingly fails to surrender to the | 23 | | Secretary of State a certificate of title, salvage certificate, | 24 | | or certificate of purchase is guilty of a Class A misdemeanor | 25 | | for a first offense and a Class 4 felony for a second and | 26 | | subsequent offense. |
| | | 10000SB1946sam001 | - 23 - | LRB100 08845 AXK 22866 a |
|
| 1 | | (g) Any vehicle which is salvage or junk may not be driven | 2 | | or operated on roads and highways within this State. A | 3 | | violation of this subsection (g) is a Class A misdemeanor. A | 4 | | salvage vehicle displaying valid special plates issued under | 5 | | subsection (b) of Section 3-601 of this Code, which is being | 6 | | driven to or from an inspection conducted under Section 3-308 | 7 | | of this Code, is exempt from the provisions of this subsection | 8 | | (g). A salvage vehicle for which a short term permit has been | 9 | | issued under Section 3-307 of this Code is exempt from the | 10 | | provisions of this subsection (g) for the duration of the | 11 | | permit. | 12 | | (h) The Secretary of State may adopt any rules necessary to | 13 | | implement this Section.
| 14 | | (625 ILCS 5/5-104.3)
| 15 | | Sec. 5-104.3. Disclosure of rebuilt vehicle.
| 16 | | (a) No person shall knowingly, with intent to defraud or | 17 | | deceive
another, sell a
vehicle for which a rebuilt title has | 18 | | been issued unless that vehicle is
accompanied by a Disclosure | 19 | | of Rebuilt Vehicle Status form, properly signed
and delivered | 20 | | to the buyer.
| 21 | | (a-5) No dealer or rebuilder licensed under Sections 5-101, | 22 | | 5-102, or 5-301 of this Code shall sell a vehicle for which a | 23 | | rebuilt title has been issued from another jurisdiction without | 24 | | first obtaining an Illinois certificate of title with a | 25 | | "REBUILT" notation under Section 3-118.1 of this Code. |
| | | 10000SB1946sam001 | - 24 - | LRB100 08845 AXK 22866 a |
|
| 1 | | (b) The Secretary of State may by rule or regulation | 2 | | prescribe the format
and information contained in the | 3 | | Disclosure of Rebuilt Vehicle Status form.
| 4 | | (c) A violation of subsections subsection (a) or (a-5) of | 5 | | this Section is a
Class A misdemeanor.
A second or subsequent | 6 | | violation of subsections subsection (a) or (a-5) of this | 7 | | Section is a
Class 4 felony.
| 8 | | (Source: P.A. 91-891, eff. 7-6-00.)
| 9 | | Section 95. No acceleration or delay. Where this Act makes | 10 | | changes in a statute that is represented in this Act by text | 11 | | that is not yet or no longer in effect (for example, a Section | 12 | | represented by multiple versions), the use of that text does | 13 | | not accelerate or delay the taking effect of (i) the changes | 14 | | made by this Act or (ii) provisions derived from any other | 15 | | Public Act.
| 16 | | Section 99. Effective date. This Act takes effect 90 days | 17 | | after becoming law.".
|
|