Full Text of SB0945 101st General Assembly
SB0945sam001 101ST GENERAL ASSEMBLY | Sen. Chuck Weaver Filed: 3/25/2019
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| 1 | | AMENDMENT TO SENATE BILL 945
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 945 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Vehicle Code is amended by | 5 | | changing Sections 3-117.3 and 3-118 as follows: | 6 | | (625 ILCS 5/3-117.3) | 7 | | Sec. 3-117.3. Junking or salvage certificates; insurance | 8 | | company; salvage dealer. | 9 | | (a) For purposes of this Section, "salvage dealer" means a | 10 | | licensed dealer who primarily sells salvage vehicles on behalf | 11 | | of insurance companies and obtains a "salvage dealer" | 12 | | designation through the used dealer application process under | 13 | | Section 5-102 of this Code. | 14 | | (b) Notwithstanding any other provision of law to the | 15 | | contrary, an insurance company or salvage dealer may, after | 16 | | completing a record search for any owner of a vehicle or a |
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| 1 | | lienholder of record, obtain free of any lien a junking | 2 | | certificate or salvage certificate in the insurance company's | 3 | | name by submitting an application for a junking certificate or | 4 | | salvage certificate to the Secretary of State. The application | 5 | | shall include, but is not limited to, proof of full payment, in | 6 | | whole or in part, to the vehicle owner or, if applicable, any | 7 | | lienholder of record and proof of notice to the vehicle owner | 8 | | and any lienholder via certified mail or other proof of service | 9 | | that a transfer of title shall occur no earlier than 30 days | 10 | | after the date the notice is sent. Upon approval of the | 11 | | application, the Secretary shall issue to the insurance company | 12 | | a junking certificate or salvage certificate free of any lien | 13 | | in the insurance company's name. | 14 | | An insurance company or salvage dealer shall not sell a | 15 | | salvage vehicle with a title obtained under this subsection (b) | 16 | | to anyone not authorized to buy salvage vehicles under this | 17 | | Code. | 18 | | This subsection (b) shall apply only to a motor vehicle | 19 | | titled in this State that has been through an insurance claims | 20 | | process and the owner of the vehicle or lienholder, if | 21 | | applicable, has received compensation in exchange for | 22 | | relinquishing the ownership rights of the vehicle to an | 23 | | insurance company licensed under the Illinois Insurance Code | 24 | | and the insurance company is unable to obtain an endorsed | 25 | | certificate of title within 30 days of payment to the owner or | 26 | | lienholder. |
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| 1 | | (c) Notwithstanding any other provision of law to the | 2 | | contrary, a salvage dealer may, after completing a record | 3 | | search for any owner of a vehicle or a lienholder of record, | 4 | | obtain free of any lien a junking certificate or salvage | 5 | | certificate in his or her name by submitting an application for | 6 | | a junking certificate or a salvage certificate to the Secretary | 7 | | of State which shall include, but is not limited to, proof of | 8 | | notice via certified mail or other proof of service to the | 9 | | vehicle owner or any lienholder that a transfer of title shall | 10 | | occur no earlier than 30 days after the date the notice is | 11 | | sent. The notice shall inform the vehicle owner or lienholder | 12 | | that upon payment of any applicable charges, the vehicle may be | 13 | | removed from the salvage dealer's facility. Upon approval of | 14 | | the application, the Secretary shall issue to the salvage | 15 | | dealer a junking certificate or salvage certificate free of any | 16 | | lien in the salvage dealer's name. | 17 | | A salvage dealer shall not sell a salvage vehicle with a | 18 | | title obtained under this subsection (c) to anyone not | 19 | | authorized to buy salvage vehicles under this Code. | 20 | | This subsection (c) shall apply only to a motor vehicle | 21 | | titled in this State and in possession of a salvage dealer by | 22 | | request of an insurance company licensed under the Illinois | 23 | | Insurance Code to take possession of the motor vehicle subject | 24 | | to an insurance claim and the insurance company denies coverage | 25 | | of the vehicle or does not take ownership of the vehicle within | 26 | | 45 days of possession by the salvage dealer. |
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| 1 | | (d) A vehicle owner or lienholder may send notice of | 2 | | dispute of the transfer of title under this Section within 30 | 3 | | days after the required notice is sent by the insurance company | 4 | | or salvage dealer. If a dispute between a vehicle owner or | 5 | | lienholder and an insurance company or salvage dealer cannot be | 6 | | resolved within 45 days after the required notice to the | 7 | | vehicle owner or lienholder is sent, the vehicle owner or | 8 | | lienholder, within 90 days after sending notice of dispute, | 9 | | shall petition a court of competent jurisdiction for an order | 10 | | to determine ownership of the vehicle and shall notify the | 11 | | Secretary of State of the filing of the petition. If a vehicle | 12 | | owner or lienholder does not file a petition within the 90-day | 13 | | period, the title to the vehicle shall be issued to the | 14 | | insurance company or salvage dealer under this Section. | 15 | | (e) Any person who without authority acquires, sells, | 16 | | exchanges, gives away, transfers, or destroys or offers to | 17 | | acquire, sell, exchange, give away, transfer, or destroy the | 18 | | certificate of title to any vehicle which is a junk or salvage | 19 | | vehicle shall be guilty of a Class 3 felony. | 20 | | (f) Any person who knowingly fails to surrender to the | 21 | | Secretary of State a certificate of title, salvage certificate, | 22 | | or certificate of purchase is guilty of a Class A misdemeanor | 23 | | for a first offense and a Class 4 felony for a second and | 24 | | subsequent offense. | 25 | | (g) Any vehicle which is salvage or junk may not be driven | 26 | | or operated on roads and highways within this State. A |
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| 1 | | violation of this subsection (g) is a Class A misdemeanor. A | 2 | | salvage vehicle displaying valid special plates issued under | 3 | | subsection (b) of Section 3-601 of this Code, which is being | 4 | | driven to or from an inspection conducted under Section 3-308 | 5 | | of this Code, is exempt from the provisions of this subsection | 6 | | (g). A salvage vehicle for which a short term permit has been | 7 | | issued under Section 3-307 of this Code is exempt from the | 8 | | provisions of this subsection (g) for the duration of the | 9 | | permit. | 10 | | (h) The Secretary of State may adopt any rules necessary to | 11 | | implement this Section.
| 12 | | (Source: P.A. 100-104, eff. 11-9-17 .)
| 13 | | (625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
| 14 | | Sec. 3-118. Application for salvage or junking | 15 | | certificate; contents.
| 16 | | (a) An application for a salvage certificate or junking | 17 | | certificate
shall be made upon the forms prescribed by the | 18 | | Secretary of State and contain:
| 19 | | 1. The name and address of the owner;
| 20 | | 2. A description of the vehicle including, so far as | 21 | | the following
data exists: its make, year-model, | 22 | | identifying number, type of body,
whether new or used;
| 23 | | 3. The date of purchase by applicant; and
| 24 | | 4. Any further information reasonably required by the | 25 | | Secretary of State.
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| 1 | | (b) The application for salvage certificate must also | 2 | | contain the
current odometer reading and that the stated | 3 | | odometer reading is one of the
following: actual mileage, not | 4 | | the actual mileage or mileage is in
excess of its mechanical | 5 | | limits.
| 6 | | (b-5) Each application for a salvage certificate for a | 7 | | motor vehicle shall be verified by the National Motor Vehicle | 8 | | Title Information System (NMVTIS) for a vehicle history report | 9 | | prior to the Secretary issuing a salvage certificate. | 10 | | (c) A salvage certificate or a may be assigned to any | 11 | | person licensed under
this Act as a rebuilder, automotive parts | 12 | | recycler, or scrap processor, or to an
out-of-state salvage | 13 | | vehicle buyer. A salvage certificate for a vehicle that has | 14 | | come from a police impoundment may be assigned to a municipal | 15 | | fire department. A junking certificate may be assigned
to | 16 | | anyone. The provisions for reassignment by dealers under | 17 | | paragraph (a)
of Section 3-113 shall apply to salvage | 18 | | certificates, except as provided
in Section 3-117.2. A salvage | 19 | | certificate may be reassigned to one other
person to whom a | 20 | | salvage certificate may be assigned pursuant to this Section.
| 21 | | (Source: P.A. 99-414, eff. 8-20-15.)
| 22 | | (625 ILCS 5/5-302 rep.) | 23 | | (625 ILCS 5/5-702 rep.) | 24 | | Section 10. The Illinois Vehicle Code is amended by | 25 | | repealing Sections 5-302 and 5-702.".
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