Full Text of HB1155 097th General Assembly
HB1155 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1155 Introduced 02/08/11, by Rep. Thomas Holbrook SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-104 | from Ch. 95 1/2, par. 3-104 | 625 ILCS 5/3-114 | from Ch. 95 1/2, par. 3-114 | 625 ILCS 5/3-117.1 | from Ch. 95 1/2, par. 3-117.1 | 625 ILCS 5/4-202 | from Ch. 95 1/2, par. 4-202 | 770 ILCS 50/4.5 new | |
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Amends the Illinois Vehicle Code. Adds provision for a vehicle title application for an abandoned vehicle acquired under the Labor and Storage Lien (Small Amount) Act by filing with the Secretary of State a copy of the notice and affidavit of abandonment sent to the owner. Adds, in the provisions for the transfer of title by operation of law, a provision that allows for the transfer of title for an abandoned vehicle. Amends the Labor and Storage Lien (Small Amount) Act. Provides that if an automotive collision and body repair facility or an automotive repair facility has a lien for storage or repairs against a vehicle that has been in its possession for 30 days or more and the vehicle is an abandoned junk vehicle or a hazardous dilapidated motor vehicle the facility may sell the vehicle after mailing, with return receipt requested, a Notice and Affidavit of Abandonment to the reported owner, any assignee, other lienor, or other person with a duly recorded security interest in the vehicle. Provides that the notice shall state the amount of the storage lien and state that if the vehicle is not redeemed by payment of the lien amount within 14 days after the notice is sent the vehicle will be sold to a licensed scrap processor to satisfy this and any other liens. Upon the sale of the vehicle to a scrap processor and after satisfying the lien under the Act, any excess proceeds shall be paid to any others with an interest in the vehicle with the balance to be held by the lienor for 6 months. If the owner fails to claim the proceeds within 6 months, the lienor shall deposit the excess proceeds with the county treasurer for the county in which the vehicle was stored for deposit in the county's general revenue fund, subject to the right of the owner to claim the excess proceeds within 3 years after the date of the deposit with the treasurer.
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| | A BILL FOR |
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| 1 | | AN ACT concerning abandoned vehicles.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 3-104, 3-114, 3-117.1, and 4-202 as follows:
| 6 | | (625 ILCS 5/3-104) (from Ch. 95 1/2, par. 3-104)
| 7 | | Sec. 3-104. Application for certificate of title.
| 8 | | (a) The application for a certificate of title for a | 9 | | vehicle in this
State must be made by the owner to the | 10 | | Secretary of State on the form
prescribed and must contain:
| 11 | | 1. The name, Illinois residence and mail address of the | 12 | | owner;
| 13 | | 2. A description of the vehicle including, so far as | 14 | | the following
data exists: Its make, year-model, | 15 | | identifying number, type of body,
whether new or used, as | 16 | | to house trailers as
defined in Section 1-128 of this Code, | 17 | | the square footage of the house
trailer based upon the | 18 | | outside dimensions of the house trailer excluding
the | 19 | | length of the tongue and hitch, and, as to vehicles of the
| 20 | | second division, whether for-hire, not-for-hire, or both | 21 | | for-hire and
not-for-hire;
| 22 | | 3. The date of purchase by applicant and, if | 23 | | applicable, the name and
address of the person from whom |
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| 1 | | the vehicle was acquired and the names and
addresses of any | 2 | | lienholders in the order of their priority and signatures | 3 | | of
owners;
| 4 | | 4. The current odometer reading at the time of transfer | 5 | | and that the
stated odometer reading is one of the | 6 | | following: actual mileage, not
the actual mileage or | 7 | | mileage is in excess of its mechanical limits; and
| 8 | | 5. Any further information the Secretary of State | 9 | | reasonably
requires to identify the vehicle and to enable | 10 | | him to determine whether
the owner is entitled to a | 11 | | certificate of title and the existence or
nonexistence of | 12 | | security interests in the vehicle. | 13 | | (a-5) The Secretary of State shall designate on the | 14 | | prescribed application form a space where the owner of a | 15 | | vehicle may designate a beneficiary, to whom ownership of the | 16 | | vehicle shall pass in the event of the owner's death.
| 17 | | (b) If the application refers to a vehicle purchased from a | 18 | | dealer,
it must also be signed by the dealer as well as the | 19 | | owner, and the dealer must
promptly mail or deliver the | 20 | | application and required documents to the
Secretary of State.
| 21 | | (c) If the application refers to a vehicle last previously
| 22 | | registered in another State or country, the application must | 23 | | contain or
be accompanied by:
| 24 | | 1. Any certified document of ownership so recognized | 25 | | and issued by
the other State or country and acceptable to | 26 | | the Secretary of State, and
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| 1 | | 2. Any other information and documents the Secretary of | 2 | | State
reasonably requires to establish the ownership of the | 3 | | vehicle and the
existence or nonexistence of security | 4 | | interests in it.
| 5 | | (d) If the application refers to a new vehicle it must be
| 6 | | accompanied by the Manufacturer's Statement of Origin, or other | 7 | | documents
as required and acceptable by the Secretary of State, | 8 | | with such
assignments as may be necessary to show title in the | 9 | | applicant.
| 10 | | (e) If an application refers to a vehicle rebuilt from a | 11 | | vehicle
previously salvaged, that application shall comply | 12 | | with the provisions
set forth in Sections 3-302 through 3-304 | 13 | | of this Code.
| 14 | | (f) An application for a certificate of title for any | 15 | | vehicle,
whether purchased in Illinois or outside Illinois, and | 16 | | even if
previously registered in another State, must be | 17 | | accompanied by either an
exemption determination from the | 18 | | Department of Revenue showing that no
tax imposed pursuant to | 19 | | the Use Tax Act or the vehicle use tax imposed by
Section | 20 | | 3-1001 of the Illinois Vehicle Code is owed by anyone with | 21 | | respect to
that vehicle, or a receipt from the Department of | 22 | | Revenue showing that any tax
so imposed has been paid. An | 23 | | application for a certificate of title for any
vehicle | 24 | | purchased outside Illinois, even if previously registered in | 25 | | another
state, must be accompanied by either an exemption | 26 | | determination from the
Department of Revenue showing that no |
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| 1 | | tax imposed pursuant to the Municipal Use
Tax Act or the County | 2 | | Use Tax Act is owed by anyone with respect to that
vehicle, or | 3 | | a receipt from the Department of Revenue showing that any tax | 4 | | so
imposed has been paid. In the absence of such a receipt for | 5 | | payment or
determination of exemption from the Department, no | 6 | | certificate of title shall
be issued to the applicant.
| 7 | | If the proof of payment of the tax or of nonliability | 8 | | therefor is,
after the issuance of the certificate of title and | 9 | | display certificate
of title, found to be invalid, the | 10 | | Secretary of State shall revoke the
certificate and require | 11 | | that the certificate of title and, when
applicable, the display | 12 | | certificate of title be returned to him.
| 13 | | (g) If the application refers to a vehicle not manufactured | 14 | | in
accordance with federal safety and emission standards, the | 15 | | application must
be accompanied by all documents required by | 16 | | federal governmental
agencies to meet their standards before a | 17 | | vehicle is allowed to be issued
title and registration.
| 18 | | (h) If the application refers to a vehicle sold at public | 19 | | sale by a
sheriff, it must be accompanied by the required fee | 20 | | and a bill of sale
issued and signed by a sheriff. The bill of | 21 | | sale must identify the new
owner's name and address, the year | 22 | | model, make and vehicle identification
number of the vehicle, | 23 | | court order document number authorizing such sale,
if | 24 | | applicable, and the name and address of any lienholders in | 25 | | order of
priority, if applicable.
| 26 | | (i) If the application refers to a vehicle for which a |
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| 1 | | court of law
determined the ownership, it must be accompanied | 2 | | with a certified copy of
such court order and the required fee. | 3 | | The court order must indicate the
new owner's name and address, | 4 | | the complete description of the vehicle, if
known, the name and | 5 | | address of the lienholder, if any, and must be signed
and dated | 6 | | by the judge issuing such order.
| 7 | | (j) If the application refers to a vehicle sold at public | 8 | | auction pursuant
to the Labor and Storage Lien (Small Amount) | 9 | | Act, it must be
accompanied by an affidavit or affirmation | 10 | | furnished by the Secretary of
State along with the
documents | 11 | | described in the affidavit or affirmation and the required fee.
| 12 | | (k) The Secretary may provide an expedited process for the | 13 | | issuance of vehicle titles. Expedited title applications must | 14 | | be delivered to the Secretary of State's Vehicle Services | 15 | | Department in Springfield by express mail service or hand | 16 | | delivery. Applications must be complete, including necessary | 17 | | forms, fees, and taxes. Applications received before noon on a | 18 | | business day will be processed and shipped that same day. | 19 | | Applications received after noon on a business day will be | 20 | | processed and shipped the next business day. The Secretary | 21 | | shall charge an additional fee of $30 for this service, and | 22 | | that fee shall cover the cost of return shipping via an express | 23 | | mail service. All fees collected by the Secretary of State for | 24 | | expedited services shall be deposited into the Motor Vehicle | 25 | | License Plate Fund. In the event the Vehicle Services | 26 | | Department determines that the volume of expedited title |
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| 1 | | requests received on a given day exceeds the ability of the | 2 | | Vehicle Services Department to process those requests in an | 3 | | expedited manner, the Vehicle Services Department may decline | 4 | | to provide expedited services, and the additional fee for the | 5 | | expedited service shall be refunded to the applicant. | 6 | | (l) If the application refers to a homemade trailer, (i) it | 7 | | must be accompanied by the appropriate documentation regarding | 8 | | the source of materials used in the construction of the | 9 | | trailer, as required by the Secretary of State, (ii) the | 10 | | trailer must be inspected by a Secretary of State investigator, | 11 | | as described in Section 2-115 of this Code, prior to the | 12 | | issuance of the title, and (iii) upon approval of the Secretary | 13 | | of State, the trailer must have a vehicle identification | 14 | | number, as provided by the Secretary of State, stamped or | 15 | | riveted to the frame. | 16 | | (m) If the application refers to an abandoned vehicle | 17 | | acquired pursuant to Section 4.5 of the Labor and Storage Lien | 18 | | (Small Amount) Act, it must be accompanied by a copy of the | 19 | | Notice and Affidavit of Abandonment that certifies that the | 20 | | applicant has complied with the requirements of the Labor and | 21 | | Storage Lien (Small Amount) Act and other documents required by | 22 | | and acceptable to the Secretary of State. | 23 | | (Source: P.A. 95-784, eff. 1-1-09; 96-519, eff. 1-1-10; 96-554, | 24 | | eff. 1-1-10; 96-1000, eff. 7-2-10.)
| 25 | | (625 ILCS 5/3-114) (from Ch. 95 1/2, par. 3-114)
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| 1 | | Sec. 3-114. Transfer by operation of law.
| 2 | | (a) If the interest of an owner in a vehicle passes to | 3 | | another other
than by voluntary transfer, the transferee shall, | 4 | | except as provided in
paragraph (b), promptly mail or deliver | 5 | | within 20 days to the
Secretary of State the last certificate | 6 | | of title, if available, proof of
the transfer, and his | 7 | | application for a new certificate in the form the
Secretary of | 8 | | State prescribes. It shall be unlawful for any person
having | 9 | | possession of a certificate of title for a motor vehicle,
| 10 | | semi-trailer, or house car by reason of his having a lien or | 11 | | encumbrance
on such vehicle, to fail or refuse to deliver such | 12 | | certificate to the
owner, upon the satisfaction or discharge of | 13 | | the lien or encumbrance,
indicated upon such certificate of | 14 | | title.
| 15 | | (b) If the interest of an owner in a vehicle passes to | 16 | | another under
the provisions of the Small Estates provisions of | 17 | | the Probate Act of 1975 the
transferee shall promptly mail or | 18 | | deliver to the Secretary of State, within 120
days, the last | 19 | | certificate of title, if available, the documentation required
| 20 | | under the provisions of the Probate Act of 1975, and an | 21 | | application for
certificate of title. The Small Estate | 22 | | Affidavit form shall be furnished by the
Secretary of State. | 23 | | The transfer may be to the transferee or to the nominee of
the | 24 | | transferee.
| 25 | | (c) If the interest of an owner in a vehicle passes to | 26 | | another under
other provisions of the Probate Act of 1975, as |
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| 1 | | amended, and the transfer is
made by a representative or | 2 | | guardian, such transferee shall promptly mail or
deliver to the | 3 | | Secretary of State, the last certificate of title, if | 4 | | available,
and a certified copy of the letters of office or | 5 | | guardianship, and an
application for certificate of title. Such | 6 | | application shall be made before the
estate is closed. The | 7 | | transfer may be to the transferee or to the nominee of
the | 8 | | transferee.
| 9 | | (d) If the interest of an owner in joint tenancy passes to | 10 | | the other
joint tenant with survivorship rights as provided by | 11 | | law, the transferee
shall promptly mail or deliver to the | 12 | | Secretary of State, the last
certificate of title, if | 13 | | available, proof of death of the one joint
tenant and | 14 | | survivorship of the surviving joint tenant, and an
application | 15 | | for certificate of title. Such application shall be made
within | 16 | | 120 days after the death of the joint tenant. The transfer may
| 17 | | be to the transferee or to the nominee of the transferee.
| 18 | | (e) The Secretary of State shall transfer a decedent's | 19 | | vehicle title to
any legatee, representative or heir of the | 20 | | decedent who submits to the
Secretary a death certificate and | 21 | | an affidavit by an attorney at law on the
letterhead stationery | 22 | | of the attorney at law stating the facts of the
transfer.
| 23 | | (f) Repossession with assignment of title. In all cases | 24 | | wherein a
lienholder has repossessed a vehicle by other
than | 25 | | judicial process and holds it for resale under a security | 26 | | agreement, and
the owner of record has executed an assignment |
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| 1 | | of the existing certificate of
title after default, the | 2 | | lienholder may proceed to sell or otherwise dispose of
the | 3 | | vehicle
as authorized under the Uniform Commercial Code. Upon | 4 | | selling the vehicle to
another person, the lienholder need not | 5 | | send the certificate of title to the
Secretary of State, but | 6 | | shall promptly and within 20 days mail or deliver to
the | 7 | | purchaser
as transferee the existing certificate of title for | 8 | | the repossessed vehicle,
reflecting the release of the | 9 | | lienholder's security interest in the vehicle.
The application | 10 | | for a certificate of title made by the
purchaser shall comply | 11 | | with subsection (a) of Section 3-104 and be accompanied
by the | 12 | | existing certificate of title for the repossessed vehicle.
The | 13 | | lienholder shall execute the assignment and warranty of title | 14 | | showing the
name and address of the purchaser in the spaces | 15 | | provided therefor on the
certificate of title or as the | 16 | | Secretary of State prescribes. The lienholder
shall complete | 17 | | the assignment of title in the certificate of title to reflect
| 18 | | the transfer of the vehicle to the lienholder and also a | 19 | | reassignment to
reflect the transfer from the lienholder to the | 20 | | purchaser. For this purpose,
the lienholder is specifically | 21 | | authorized
to complete and execute
the space reserved in the | 22 | | certificate of title for a dealer reassignment,
| 23 | | notwithstanding that the lienholder is not a licensed dealer. | 24 | | Nothing herein
shall be construed to mean that the lienholder | 25 | | is taking title to the
repossessed vehicle for purposes of | 26 | | liability for retailer occupation, vehicle
use, or other tax |
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| 1 | | with respect to the proceeds from the repossession sale.
| 2 | | Delivery of the existing certificate of title to the purchaser | 3 | | shall be deemed
disclosure to the purchaser of the owner of the | 4 | | vehicle.
| 5 | | (f-5) Repossession without assignment of title. Subject to | 6 | | subsection (f-30), in all cases wherein a
lienholder has | 7 | | repossessed a vehicle
by other than judicial process and holds | 8 | | it for resale under a security
agreement,
and the owner of | 9 | | record has not executed an assignment of the existing
| 10 | | certificate of title,
the lienholder shall comply with the | 11 | | following provisions:
| 12 | | (1) Prior to sale, the lienholder shall deliver or mail | 13 | | to the owner at
the owner's last known address and to any | 14 | | other lienholder of record, a notice
of redemption
setting | 15 | | forth the following information: (i) the name of the owner | 16 | | of record
and in bold type at or near the top of the notice | 17 | | a statement that the owner's
vehicle was repossessed on a | 18 | | specified date for failure to make payments on the
loan (or | 19 | | other reason), (ii) a
description of the vehicle subject to | 20 | | the lien sufficient to identify it, (iii)
the right of the | 21 | | owner to redeem the vehicle, (iv) the lienholder's intent | 22 | | to
sell or otherwise dispose of the vehicle after the | 23 | | expiration of 21 days from
the date of mailing or delivery | 24 | | of the notice, and (v) the name, address, and
telephone | 25 | | number of the lienholder from
whom information may be
| 26 | | obtained concerning the amount due to redeem the vehicle |
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| 1 | | and from whom
the vehicle may be redeemed under
Section | 2 | | 9-623 of the Uniform Commercial Code. At the
lienholder's | 3 | | option, the
information required to be set forth in this | 4 | | notice of redemption
may be made a part of or accompany the | 5 | | notification of sale or other
disposition
required under | 6 | | Section 9-611 of the
Uniform
Commercial Code, but none of | 7 | | the information required by this notice shall
be construed | 8 | | to impose any requirement under Article 9 of the Uniform
| 9 | | Commercial Code.
| 10 | | (2) With respect to the repossession of a vehicle used | 11 | | primarily for
personal, family, or household purposes, the | 12 | | lienholder shall also deliver or
mail to the owner at the | 13 | | owner's last known address an affidavit
of defense. The | 14 | | affidavit of defense shall accompany the notice of
| 15 | | redemption
required in subdivision (f-5)(1) of
this | 16 | | Section. The affidavit of defense shall (i) identify the | 17 | | lienholder,
owner, and the
vehicle; (ii) provide space for | 18 | | the owner to state the defense claimed by the
owner; and | 19 | | (iii) include an acknowledgment by the owner that the owner | 20 | | may be
liable to the lienholder for fees, charges, and | 21 | | costs incurred by the
lienholder in establishing the | 22 | | insufficiency or invalidity of the owner's
defense. To stop | 23 | | the transfer of title, the affidavit of defense must be
| 24 | | received by the
lienholder no later than 21 days after the | 25 | | date of mailing or delivery of the
notice required in | 26 | | subdivision (f-5)(1) of this Section. If the lienholder
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| 1 | | receives the affidavit from the owner in a timely manner, | 2 | | the lienholder must
apply to a court of competent | 3 | | jurisdiction to determine if the lienholder is
entitled to | 4 | | possession of the vehicle.
| 5 | | (3) Upon selling the vehicle to another person, the | 6 | | lienholder need not
send the certificate of title to the | 7 | | Secretary of State, but shall
promptly and within 20 days | 8 | | mail or deliver to the purchaser as transferee (i)
the | 9 | | existing
certificate of title for the repossessed vehicle, | 10 | | reflecting the release of the
lienholder's security | 11 | | interest in the vehicle; and (ii) an affidavit of
| 12 | | repossession made by or on behalf of the lienholder which | 13 | | provides the
following information: that the vehicle was | 14 | | repossessed, a description of the
vehicle sufficient to | 15 | | identify it, whether the vehicle has been damaged in
excess | 16 | | of 33 1/3% of its fair market value as required under | 17 | | subdivision (b)(3)
of Section 3-117.1, that the owner and | 18 | | any other lienholder of record were
given the notice | 19 | | required in subdivision (f-5)(1) of this Section,
that the | 20 | | owner of record was given the affidavit of defense required | 21 | | in
subdivision (f-5)(2) of this Section,
that the interest | 22 | | of the owner was lawfully terminated or sold pursuant to | 23 | | the
terms of the security agreement, and the purchaser's | 24 | | name and address.
If the vehicle is damaged in excess of 33 | 25 | | 1/3% of its fair market value, the
lienholder shall make | 26 | | application for a salvage certificate under Section
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| 1 | | 3-117.1 and transfer the vehicle to a person eligible to | 2 | | receive assignments of
salvage certificates identified in | 3 | | Section 3-118.
| 4 | | (4) The application for a certificate of title made by | 5 | | the purchaser shall
comply with subsection (a) of Section | 6 | | 3-104 and be accompanied by the affidavit
of repossession | 7 | | furnished by the lienholder and the existing certificate of
| 8 | | title for the repossessed vehicle.
The lienholder shall | 9 | | execute the assignment and warranty of title showing the
| 10 | | name and address of the purchaser in the spaces provided | 11 | | therefor on the
certificate of title or as the Secretary of | 12 | | State prescribes. The lienholder
shall complete the | 13 | | assignment of title in the certificate of title to reflect
| 14 | | the transfer of the vehicle to the lienholder and also a | 15 | | reassignment to
reflect the transfer from the lienholder to | 16 | | the purchaser. For this purpose,
the lienholder is | 17 | | specifically authorized to execute the assignment on | 18 | | behalf
of the owner as seller if the owner has not done so | 19 | | and to complete and execute
the space reserved in the | 20 | | certificate of title for a dealer reassignment,
| 21 | | notwithstanding that the lienholder is not a licensed | 22 | | dealer. Nothing herein
shall be construed to mean that the | 23 | | lienholder is taking title to the
repossessed vehicle for | 24 | | purposes of liability for retailer occupation, vehicle
| 25 | | use, or other tax with respect to the proceeds from the | 26 | | repossession sale.
Delivery of the existing certificate of |
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| 1 | | title to the purchaser shall be deemed
disclosure to the | 2 | | purchaser of the owner of the vehicle.
In the event the | 3 | | lienholder does not hold
the certificate of title for the | 4 | | repossessed vehicle, the lienholder shall
make application | 5 | | for and may obtain a new certificate of title in the name | 6 | | of
the lienholder upon furnishing information satisfactory | 7 | | to the Secretary of
State. Upon receiving the new | 8 | | certificate of title, the lienholder may proceed
with the | 9 | | sale described in subdivision (f-5)(3), except that upon | 10 | | selling the
vehicle the lienholder shall promptly and | 11 | | within 20 days mail or deliver to the
purchaser the new | 12 | | certificate of title reflecting the assignment and | 13 | | transfer
of title to the purchaser.
| 14 | | (5) Neither the lienholder nor the owner shall file | 15 | | with the Office of
the Secretary of State the notice of | 16 | | redemption or affidavit of defense
described in | 17 | | subdivisions (f-5)(1) and (f-5)(2) of this Section. The | 18 | | Office of
the Secretary of State shall not determine the | 19 | | merits of an owner's affidavit
of defense, nor consider any | 20 | | allegations or assertions regarding the validity
or | 21 | | invalidity of a lienholder's claim to the vehicle or an | 22 | | owner's asserted
defenses to the repossession action.
| 23 | | (f-7) Notice of reinstatement in certain cases.
| 24 | | (1) Subject to subsection (f-30), if, at the time of | 25 | | repossession by a lienholder that is seeking to
transfer | 26 | | title pursuant to subsection (f-5), the owner has paid an |
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| 1 | | amount equal
to 30% or more of the deferred payment price | 2 | | or total of payments due, the
owner may, within 21 days of | 3 | | the date of repossession, reinstate the contract
or loan | 4 | | agreement and recover the vehicle from the lienholder by | 5 | | tendering in a
lump sum (i) the total of all unpaid | 6 | | amounts, including any unpaid delinquency
or deferral | 7 | | charges due at the date of reinstatement, without | 8 | | acceleration; and
(ii) performance necessary to cure any | 9 | | default other than nonpayment of the
amounts due; and (iii)
| 10 | | all reasonable costs and fees incurred by the lienholder in | 11 | | retaking, holding,
and preparing the vehicle for | 12 | | disposition and in arranging for the sale of the
vehicle. | 13 | | Reasonable costs and fees incurred by the lienholder | 14 | | include without
limitation repossession and storage | 15 | | expenses and, if authorized by the contract
or loan | 16 | | agreement, reasonable attorneys' fees and collection | 17 | | agency charges.
| 18 | | (2) Tender of payment and performance pursuant to this | 19 | | limited right of
reinstatement restores to the owner his | 20 | | rights under the contract or loan
agreement as though no | 21 | | default had occurred. The owner has the right to
reinstate | 22 | | the contract or loan agreement and recover the vehicle from | 23 | | the
lienholder only once under this subsection. The | 24 | | lienholder may, in the
lienholder's sole discretion, | 25 | | extend the period during which the owner may
reinstate the | 26 | | contract or loan agreement and recover the vehicle beyond |
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| 1 | | the 21
days allowed under this subsection, and the | 2 | | extension shall not subject the
lienholder to liability to | 3 | | the owner under the laws of this State.
| 4 | | (3) The lienholder shall deliver or mail written notice | 5 | | to the owner at
the
owner's last known address, within 3 | 6 | | business days of the date of repossession,
of the owner's | 7 | | right to reinstate the contract or loan agreement and | 8 | | recover
the vehicle pursuant to the limited right of | 9 | | reinstatement described in this
subsection. At the | 10 | | lienholder's option, the information required to be set
| 11 | | forth in this notice of reinstatement may be made part of | 12 | | or accompany the
notice of redemption required in | 13 | | subdivision (f-5)(1) of this Section and the
notification | 14 | | of sale or other disposition required under
Section 9-611 | 15 | | of the Uniform Commercial Code, but none of the
information
| 16 | | required by this notice of reinstatement shall be construed | 17 | | to impose any
requirement under Article 9 of the Uniform | 18 | | Commercial Code.
| 19 | | (4) The reinstatement period, if applicable, and the | 20 | | redemption period
described in subdivision (f-5)(1) of | 21 | | this Section, shall run concurrently if
the information | 22 | | required to be set forth in the notice of reinstatement is | 23 | | part
of or accompanies the notice of redemption. In any | 24 | | event, the 21 day
redemption period described in | 25 | | subdivision (f-5)(1) of this Section shall
commence on the | 26 | | date of
mailing or delivery to the owner of the information |
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| 1 | | required to be set forth in
the notice of redemption, and | 2 | | the 21 day reinstatement period described in this
| 3 | | subdivision, if applicable, shall commence on the date of | 4 | | mailing or delivery
to the owner of the information | 5 | | required to be set forth in the notice of
reinstatement.
| 6 | | (5) The Office of the Secretary of State shall not | 7 | | determine the merits of
an owner's claim of right to | 8 | | reinstatement, nor consider any allegations or
assertions | 9 | | regarding the validity or invalidity of a lienholder's | 10 | | claim to the
vehicle or an owner's asserted right to | 11 | | reinstatement. Where a lienholder is
subject to licensing | 12 | | and regulatory supervision by the State of Illinois, the
| 13 | | lienholder shall be subject to all of the powers and | 14 | | authority of the
lienholder's primary State regulator to | 15 | | enforce compliance with the procedures
set forth in this | 16 | | subsection (f-7).
| 17 | | (f-10) Repossession by judicial process. In all cases | 18 | | wherein a lienholder
has repossessed a vehicle by
judicial
| 19 | | process and holds it for resale under a security agreement, | 20 | | order for replevin,
or other court order establishing the | 21 | | lienholder's right to possession of the
vehicle, the lienholder | 22 | | may proceed to sell or otherwise dispose of the vehicle
as | 23 | | authorized under the Uniform Commercial Code or the court | 24 | | order. Upon
selling the vehicle to another person, the | 25 | | lienholder need not send the
certificate of title to the | 26 | | Secretary of State, but shall promptly and within
20 days mail |
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| 1 | | or
deliver to the purchaser as transferee (i) the existing | 2 | | certificate of title
for the repossessed vehicle reflecting the | 3 | | release of the lienholder's security
interest in the vehicle; | 4 | | (ii) a certified copy of the court order; and (iii) a
bill of | 5 | | sale identifying the new owner's name and address and the year, | 6 | | make,
model, and vehicle identification number of the vehicle.
| 7 | | The application for a certificate of title made by the | 8 | | purchaser shall comply
with subsection (a) of Section 3-104 and | 9 | | be accompanied by the certified copy
of the court order | 10 | | furnished by the
lienholder and the existing certificate of | 11 | | title for the repossessed vehicle.
The lienholder shall execute | 12 | | the assignment and warranty of title showing the
name and | 13 | | address of the purchaser in the spaces provided therefor on the
| 14 | | certificate of title or as the Secretary of State prescribes. | 15 | | The lienholder
shall complete the assignment of title in the | 16 | | certificate of title to reflect
the transfer of the vehicle to | 17 | | the lienholder and also a reassignment to
reflect the transfer | 18 | | from the lienholder to the purchaser. For this purpose,
the | 19 | | lienholder is specifically authorized to execute the | 20 | | assignment on behalf
of the owner as seller if the owner has | 21 | | not done so and to complete and execute
the space reserved in | 22 | | the certificate of title for a dealer reassignment,
| 23 | | notwithstanding that the lienholder is not a licensed dealer. | 24 | | Nothing herein
shall be construed to mean that the lienholder | 25 | | is taking title to the
repossessed vehicle for purposes of | 26 | | liability for retailer occupation, vehicle
use, or other tax |
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| 1 | | with respect to the proceeds from the repossession sale.
| 2 | | Delivery of the existing certificate of title to the purchaser | 3 | | shall be deemed
disclosure to the purchaser of the owner of the | 4 | | vehicle.
In the event the
lienholder does not hold the | 5 | | certificate of title for the repossessed vehicle,
the | 6 | | lienholder shall
make application for and may obtain a new | 7 | | certificate of title in the name of
the lienholder upon | 8 | | furnishing information satisfactory to the Secretary of
State. | 9 | | Upon receiving the new certificate of title, the lienholder may | 10 | | proceed
with the sale described in this subsection, except that | 11 | | upon selling the
vehicle the lienholder shall promptly and | 12 | | within 20 days mail or deliver to the
purchaser the new | 13 | | certificate of title reflecting the assignment and transfer
of | 14 | | title to the purchaser.
| 15 | | (f-15) The Secretary of State shall not issue a certificate | 16 | | of title to a
purchaser under subsection (f), (f-5), or (f-10) | 17 | | of this Section, unless the
person from whom the vehicle has | 18 | | been repossessed by the lienholder is shown to
be the last | 19 | | registered owner of the motor vehicle. The Secretary of State | 20 | | may
provide by rule for the standards to be followed by a | 21 | | lienholder in assigning
and transferring certificates of title | 22 | | with respect to repossessed vehicles.
| 23 | | (f-20) If applying for a salvage certificate or a junking | 24 | | certificate, the lienholder
shall within 20 days make an | 25 | | application to the Secretary of State for a salvage certificate | 26 | | or a junking certificate, as
set forth in this Code. The |
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| 1 | | Secretary of State shall
not issue a salvage
certificate or a | 2 | | junking
certificate to such lienholder unless the person from | 3 | | whom such vehicle has
been repossessed is shown to be the last | 4 | | registered owner of such motor
vehicle and such lienholder | 5 | | establishes to the satisfaction of
the Secretary of State that | 6 | | he is entitled to such
salvage certificate or junking | 7 | | certificate. The Secretary
of State may provide by rule for the | 8 | | standards to be followed by
a lienholder in order to obtain a
| 9 | | salvage certificate or junking certificate for a
repossessed | 10 | | vehicle.
| 11 | | (f-25) If the interest of an owner in a mobile home, as | 12 | | defined in the
Mobile Home Local Services Tax Act, passes to | 13 | | another under the provisions of
the
Mobile Home Local Services | 14 | | Tax Enforcement Act, the transferee shall promptly
mail or | 15 | | deliver to the Secretary of State (i) the last certificate of | 16 | | title, if
available, (ii) a certified copy of the court order | 17 | | ordering the transfer of
title, and (iii) an application for | 18 | | certificate of title.
| 19 | | (f-30) Bankruptcy. If the repossessed vehicle is the | 20 | | subject of a bankruptcy proceeding or discharge:
| 21 | | (1) the lienholder may proceed to sell or otherwise | 22 | | dispose of the vehicle as authorized by the Bankruptcy Code | 23 | | and the Uniform Commercial Code; | 24 | | (2) the notice of redemption, affidavit of defense, and | 25 | | notice of reinstatement otherwise required to be sent by | 26 | | the lienholder to the owner of record or other lienholder |
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| 1 | | of record under this Section are not required to be | 2 | | delivered or mailed; | 3 | | (3) the requirement to delay disposition of the vehicle | 4 | | for 21 days, (i) from the mailing or delivery of the notice | 5 | | of redemption under subdivision (f-5)(1) of this Section, | 6 | | (ii) from the mailing or delivery of the affidavit of | 7 | | defense under subdivision (f-5)(2) of this Section, or | 8 | | (iii) from the date of repossession when the owner is | 9 | | entitled to a notice of reinstatement under subsection | 10 | | (f-7) of this Section, does not apply; | 11 | | (4) the affidavit of repossession that is required | 12 | | under subdivision (f-5)(3) shall contain a notation of | 13 | | "bankruptcy" where the affidavit requires the date of the | 14 | | mailing or delivery of the notice of redemption. The | 15 | | notation of "bankruptcy" means the lienholder makes no | 16 | | sworn representations regarding the mailing or delivery of | 17 | | the notice of redemption or affidavit of defense or | 18 | | lienholder's compliance with the requirements that | 19 | | otherwise apply to the notices listed in this subsection | 20 | | (f-30), and makes no sworn representation that the | 21 | | lienholder assumes liability or costs for any litigation | 22 | | that may arise from the issuance of a certificate of title | 23 | | based on the excluded representations; | 24 | | (5) the right of redemption, the right to assert a | 25 | | defense to the transfer of title, and reinstatement rights | 26 | | under this Section do not apply; and |
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| 1 | | (6) references to judicial process and court orders in | 2 | | subsection (f-10) of this Section do not include bankruptcy | 3 | | proceedings or orders.
| 4 | | (f-35) When an abandoned junk or hazardous dilapidated | 5 | | motor vehicle is in the possession of an automotive collision | 6 | | and body repair facility or automotive repair facility and the | 7 | | facility, as lienholder, has complied with the requirements of | 8 | | Section 4.5 of the Labor and Storage Lien (Small Amount) Act | 9 | | the lienholder shall follow the provisions of subsection | 10 | | (f-20). | 11 | | (g) A person holding a certificate of title whose interest | 12 | | in the
vehicle has been extinguished or transferred other than | 13 | | by voluntary
transfer shall mail or deliver the certificate, | 14 | | within 20 days
upon request of the Secretary of State. The | 15 | | delivery of the certificate
pursuant to the request of the | 16 | | Secretary of State does not affect the
rights of the person | 17 | | surrendering the certificate, and the action of the
Secretary | 18 | | of State in issuing a new certificate of title as provided
| 19 | | herein is not conclusive upon the rights of an owner or | 20 | | lienholder named
in the old certificate.
| 21 | | (h) The Secretary of State may decline to process any | 22 | | application
for a transfer of an interest in a vehicle | 23 | | hereunder if any fees or
taxes due under this Act from the | 24 | | transferor or the transferee have not
been paid upon reasonable | 25 | | notice and demand.
| 26 | | (i) The Secretary of State shall not be held civilly or |
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| 1 | | criminally
liable to any person because any purported | 2 | | transferor may not have had
the power or authority to make a | 3 | | transfer of any interest in any vehicle
or because a | 4 | | certificate of title issued in error is subsequently used to
| 5 | | commit a fraudulent act.
| 6 | | (Source: P.A. 94-411, eff. 1-1-06.)
| 7 | | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
| 8 | | Sec. 3-117.1. When junking certificates or salvage | 9 | | certificates must
be obtained. | 10 | | (a) Except as provided in Chapter 4 of this Code, a person | 11 | | who possesses a
junk vehicle shall within 15 days cause the | 12 | | certificate of title, salvage
certificate, certificate of | 13 | | purchase, or a similarly acceptable out of state
document of | 14 | | ownership to be surrendered to the Secretary of State along | 15 | | with an
application for a junking certificate, except as | 16 | | provided in Section 3-117.2,
whereupon the Secretary of State | 17 | | shall issue to such a person a junking
certificate, which shall | 18 | | authorize the holder thereof to possess, transport,
or, by an | 19 | | endorsement, transfer ownership in such junked vehicle, and a
| 20 | | certificate of title shall not again be issued for such | 21 | | vehicle.
| 22 | | A licensee who possesses a junk vehicle and a Certificate | 23 | | of Title,
Salvage Certificate, Certificate of Purchase, or a | 24 | | similarly acceptable
out-of-state document of ownership for | 25 | | such junk vehicle, may transport the
junk vehicle to another |
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| 1 | | licensee prior to applying for or obtaining a
junking | 2 | | certificate, by executing a uniform invoice. The licensee
| 3 | | transferor shall furnish a copy of the uniform invoice to the | 4 | | licensee
transferee at the time of transfer. In any case, the | 5 | | licensee transferor
shall apply for a junking certificate in | 6 | | conformance with Section 3-117.1
of this Chapter. The following | 7 | | information shall be contained on a uniform
invoice:
| 8 | | (1) The business name, address and dealer license | 9 | | number of the person
disposing of the vehicle, junk vehicle | 10 | | or vehicle cowl;
| 11 | | (2) The name and address of the person acquiring the | 12 | | vehicle, junk
vehicle or vehicle cowl, and if that person | 13 | | is a dealer, the Illinois or
out-of-state dealer license | 14 | | number of that dealer;
| 15 | | (3) The date of the disposition of the vehicle, junk | 16 | | vehicle or vehicle
cowl;
| 17 | | (4) The year, make, model, color and description of | 18 | | each vehicle, junk
vehicle or vehicle cowl disposed of by | 19 | | such person;
| 20 | | (5) The manufacturer's vehicle identification number, | 21 | | Secretary of State
identification number or Illinois | 22 | | Department of State Police number,
for each vehicle, junk | 23 | | vehicle or vehicle cowl part disposed of by such person;
| 24 | | (6) The printed name and legible signature of the | 25 | | person or agent
disposing of the vehicle, junk vehicle or | 26 | | vehicle cowl; and
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| 1 | | (7) The printed name and legible signature of the | 2 | | person accepting
delivery of the vehicle, junk vehicle or | 3 | | vehicle cowl.
| 4 | | The Secretary of State may certify a junking manifest in a | 5 | | form prescribed by
the Secretary of State that reflects those | 6 | | vehicles for which junking
certificates have been applied or | 7 | | issued. A junking manifest
may be issued to any person and it | 8 | | shall constitute evidence of ownership
for the vehicle listed | 9 | | upon it. A junking manifest may be transferred only
to a person | 10 | | licensed under Section 5-301 of this Code as a scrap processor.
| 11 | | A junking manifest will allow the transportation of those
| 12 | | vehicles to a scrap processor prior to receiving the junk | 13 | | certificate from
the Secretary of State.
| 14 | | (b) An application for a salvage certificate shall be | 15 | | submitted to the
Secretary of State in any of the following | 16 | | situations:
| 17 | | (1) When an insurance company makes a payment of | 18 | | damages on a total loss
claim for a vehicle, the insurance | 19 | | company shall be deemed to be the owner of
such vehicle and | 20 | | the vehicle shall be considered to be salvage except that
| 21 | | ownership of (i) a vehicle that has incurred only hail | 22 | | damage that does
not
affect the operational safety of the | 23 | | vehicle or (ii) any vehicle
9 model years of age or older | 24 | | may, by agreement between
the registered owner and the | 25 | | insurance company, be retained by the registered
owner of | 26 | | such vehicle. The insurance company shall promptly deliver |
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| 1 | | or mail
within 20 days the certificate of title along with | 2 | | proper application and fee
to the Secretary of State, and a | 3 | | salvage certificate shall be issued in the
name of the | 4 | | insurance company. Notwithstanding the foregoing, an | 5 | | insurer making payment of damages on a total loss claim for | 6 | | the theft of a vehicle shall not be required to apply for a | 7 | | salvage certificate unless the vehicle is recovered and has | 8 | | incurred damage that initially would have caused the | 9 | | vehicle to be declared a total loss by the insurer. | 10 | | (1.1) When a vehicle of a self-insured company is to be | 11 | | sold in the State of Illinois and has sustained damaged by | 12 | | collision, fire, theft, rust corrosion, or other means so | 13 | | that the self-insured company determines the vehicle to be | 14 | | a total loss, or if the cost of repairing the damage, | 15 | | including labor, would be greater than 50% of its fair | 16 | | market value without that damage, the vehicle shall be | 17 | | considered salvage. The self-insured company shall | 18 | | promptly deliver the certificate of title along with proper | 19 | | application and fee to the Secretary of State, and a | 20 | | salvage certificate shall be issued in the name of the | 21 | | self-insured company. A self-insured company making | 22 | | payment of damages on a total loss claim for the theft of a | 23 | | vehicle may exchange the salvage certificate for a | 24 | | certificate of title if the vehicle is recovered without | 25 | | damage. In such a situation, the self-insured shall fill | 26 | | out and sign a form prescribed by the Secretary of State |
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| 1 | | which contains an affirmation under penalty of perjury that | 2 | | the vehicle was recovered without damage and the Secretary | 3 | | of State may, by rule, require photographs to be submitted.
| 4 | | (2) When a vehicle the ownership of which has been | 5 | | transferred to any
person through a certificate of purchase | 6 | | from acquisition of the vehicle at an
auction, other | 7 | | dispositions as set forth in Sections 4-208 and 4-209
of | 8 | | this Code, a lien arising under Section 18a-501 of this | 9 | | Code,
or a public sale under the Abandoned Mobile Home Act | 10 | | shall be deemed
salvage or junk at the option of the | 11 | | purchaser. The person acquiring such
vehicle in such manner | 12 | | shall promptly deliver or mail, within 20 days after the
| 13 | | acquisition of the vehicle, the certificate of purchase, | 14 | | the
proper application and fee, and, if the vehicle is an | 15 | | abandoned mobile home
under the Abandoned Mobile Home Act, | 16 | | a certification from a local law
enforcement agency that | 17 | | the vehicle was purchased or acquired at a public sale
| 18 | | under the Abandoned Mobile Home Act to the Secretary of | 19 | | State and a salvage
certificate or junking certificate | 20 | | shall be issued in the name of that person.
The salvage | 21 | | certificate or junking certificate issued by the Secretary | 22 | | of State
under this Section shall be free of any lien that | 23 | | existed against the vehicle
prior to the time the vehicle | 24 | | was acquired by the applicant under this Code.
| 25 | | (3) A vehicle which has been repossessed by a | 26 | | lienholder shall be
considered to be salvage only when the |
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| 1 | | repossessed vehicle, on the date of
repossession by the | 2 | | lienholder, has sustained damage by collision, fire, | 3 | | theft,
rust corrosion, or other means so that the cost of | 4 | | repairing
such damage, including labor, would be greater | 5 | | than 33 1/3% of its fair market
value without such damage. | 6 | | If the lienholder determines that such vehicle is
damaged | 7 | | in excess of 33 1/3% of such fair market value, the | 8 | | lienholder shall,
before sale, transfer or assignment of | 9 | | the vehicle, make application for a
salvage certificate, | 10 | | and shall submit with such application the proper fee
and | 11 | | evidence of possession. If the facts required to be shown | 12 | | in
subsection (f) of Section 3-114 are satisfied, the | 13 | | Secretary of State shall
issue a salvage certificate in the | 14 | | name of the lienholder making the
application. In any case | 15 | | wherein the vehicle repossessed is not damaged in
excess of | 16 | | 33 1/3% of its fair market value, the lienholder
shall | 17 | | comply with the requirements of subsections (f), (f-5), and | 18 | | (f-10) of
Section 3-114, except that the affidavit of | 19 | | repossession made by or on behalf
of the lienholder
shall | 20 | | also contain an affirmation under penalty of perjury that | 21 | | the vehicle
on
the date of sale is not
damaged in
excess of | 22 | | 33 1/3% of its fair market value. If the facts required to | 23 | | be shown
in subsection (f) of Section 3-114 are satisfied, | 24 | | the Secretary of State
shall issue a certificate of title | 25 | | as set forth in Section 3-116 of this Code.
The Secretary | 26 | | of State may by rule or regulation require photographs to |
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| 1 | | be
submitted.
| 2 | | (4) A vehicle which is a part of a fleet of more than 5 | 3 | | commercial
vehicles registered in this State or any other | 4 | | state or registered
proportionately among several states | 5 | | shall be considered to be salvage when
such vehicle has | 6 | | sustained damage by collision, fire, theft, rust,
| 7 | | corrosion or similar means so that the cost of repairing | 8 | | such damage, including
labor, would be greater than 33 1/3% | 9 | | of the fair market value of the vehicle
without such | 10 | | damage. If the owner of a fleet vehicle desires to sell,
| 11 | | transfer, or assign his interest in such vehicle to a | 12 | | person within this State
other than an insurance company | 13 | | licensed to do business within this State, and
the owner | 14 | | determines that such vehicle, at the time of the proposed | 15 | | sale,
transfer or assignment is damaged in excess of 33 | 16 | | 1/3% of its fair market
value, the owner shall, before such | 17 | | sale, transfer or assignment, make
application for a | 18 | | salvage certificate. The application shall contain with it
| 19 | | evidence of possession of the vehicle. If the fleet vehicle | 20 | | at the time of its
sale, transfer, or assignment is not | 21 | | damaged in excess of 33 1/3% of its
fair market value, the | 22 | | owner shall so state in a written affirmation on a
form | 23 | | prescribed by the Secretary of State by rule or regulation. | 24 | | The
Secretary of State may by rule or regulation require | 25 | | photographs to be
submitted. Upon sale, transfer or | 26 | | assignment of the fleet vehicle the
owner shall mail the |
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| 1 | | affirmation to the Secretary of State.
| 2 | | (5) A vehicle that has been submerged in water to the
| 3 | | point that rising water has reached over the door sill and | 4 | | has
entered the
passenger or trunk compartment is a "flood | 5 | | vehicle". A flood vehicle shall
be considered to be salvage | 6 | | only if the vehicle has sustained damage so that
the cost | 7 | | of repairing the damage, including labor, would be greater | 8 | | than 33
1/3% of the fair market value of the vehicle | 9 | | without that damage. The salvage
certificate issued under | 10 | | this
Section shall indicate the word "flood", and the word | 11 | | "flood" shall be
conspicuously entered on subsequent | 12 | | titles for the vehicle. A person who
possesses or acquires | 13 | | a flood vehicle that is not damaged in excess of 33 1/3%
of | 14 | | its fair market value shall make application for title in | 15 | | accordance with
Section 3-116 of this Code, designating the | 16 | | vehicle as "flood" in a manner
prescribed by the Secretary | 17 | | of State. The certificate of title issued shall
indicate | 18 | | the word "flood", and the word "flood" shall be | 19 | | conspicuously entered
on subsequent titles for the | 20 | | vehicle.
| 21 | | (6) When an abandoned junk or hazardous dilapidated | 22 | | motor vehicle is in the possession of an automotive | 23 | | collision and body repair facility or automotive repair | 24 | | facility and the lienholder has complied with the | 25 | | requirements of Section 4.5 of the Labor and Storage Lien | 26 | | (Small Amount) Act. |
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| 1 | | (c) Any person who without authority acquires, sells, | 2 | | exchanges, gives
away, transfers or destroys or offers to | 3 | | acquire, sell, exchange, give
away, transfer or destroy the | 4 | | certificate of title to any vehicle which is
a junk or salvage | 5 | | vehicle shall be guilty of a Class 3 felony.
| 6 | | (d) Any person who knowingly fails to surrender to the | 7 | | Secretary of State a
certificate of title, salvage certificate, | 8 | | certificate of purchase or a
similarly acceptable out-of-state | 9 | | document of ownership as required under
the provisions of this | 10 | | Section is guilty of a Class A misdemeanor for a
first offense | 11 | | and a Class 4 felony for a subsequent offense; except that a
| 12 | | person licensed under this Code who violates paragraph (5) of | 13 | | subsection (b)
of this Section is
guilty of a business offense | 14 | | and shall be fined not less than $1,000 nor more
than $5,000 | 15 | | for a first offense and is guilty of a Class 4 felony
for a | 16 | | second or subsequent violation.
| 17 | | (e) Any vehicle which is salvage or junk may not be driven | 18 | | or operated
on roads and highways within this State. A | 19 | | violation of this subsection is
a Class A misdemeanor. A | 20 | | salvage vehicle displaying valid special plates
issued under | 21 | | Section 3-601(b) of this Code, which is being driven to or
from | 22 | | an inspection conducted under Section 3-308 of this Code, is | 23 | | exempt
from the provisions of this subsection. A salvage | 24 | | vehicle for which a
short term permit has been issued under | 25 | | Section 3-307 of this Code is
exempt from the provisions of | 26 | | this subsection for the duration of the permit.
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| 1 | | (Source: P.A. 95-495, eff. 1-1-08; 95-783, eff. 1-1-09.)
| 2 | | (625 ILCS 5/4-202) (from Ch. 95 1/2, par. 4-202)
| 3 | | Sec. 4-202.
Abandoned, lost, stolen or unclaimed vehicle | 4 | | notification
to law enforcement agencies.
| 5 | | When an abandoned, lost, stolen or unclaimed vehicle comes | 6 | | into the
temporary possession or custody of a person in this | 7 | | State, not the owner
of the vehicle, such person shall | 8 | | immediately notify the municipal
police when the vehicle is | 9 | | within the corporate limits of any city,
village or town having | 10 | | a duly authorized police department, or the State
Police or the | 11 | | county sheriff when the vehicle is outside the corporate
limits | 12 | | of a city, village or town. Upon receipt of such notification,
| 13 | | the municipal police, State Police or county sheriff will | 14 | | authorize a
towing service to remove and take possession of the | 15 | | abandoned, lost,
stolen or unclaimed vehicle. The towing | 16 | | service will safely keep the
towed vehicle and its contents, | 17 | | maintain a record of the tow as set
forth in Section 4-204 for | 18 | | law enforcement agencies, until the vehicle
is claimed by the | 19 | | owner or any other person legally entitled to
possession | 20 | | thereof or until it is disposed of as provided in this
Chapter. | 21 | | When an abandoned junk or hazardous dilapidated motor vehicle | 22 | | is in the possession of an automotive collision and body repair | 23 | | facility or automotive repair facility, the facility may | 24 | | utilize the procedures set forth in Section 4.5 of the Labor | 25 | | and Storage Lien (Small Amount) Act.
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| 1 | | (Source: P.A. 78-858.)
| 2 | | Section 10. The Labor and Storage Lien (Small Amount) Act | 3 | | is amended by adding Section 4.5 as follows: | 4 | | (770 ILCS 50/4.5 new) | 5 | | Sec. 4.5. Notice and Affidavit of Abandonment. If an | 6 | | automotive collision and body repair facility or an automotive | 7 | | repair facility has a lien under this Act upon an abandoned | 8 | | junk vehicle as defined under Section 1-134.1 of the Vehicle | 9 | | Code or a hazardous dilapidated motor vehicle as defined in | 10 | | Section 11-40-3.1 of the Illinois Municipal Code and has had | 11 | | possession of the vehicle for at least 30 days, the lienor may | 12 | | sell the vehicle pursuant to this Section after mailing a | 13 | | Notice and Affidavit of Abandonment, with postage prepaid and | 14 | | return receipt requested, to the last known address of the | 15 | | reported owner, any assignee, other lienor, and any other | 16 | | person who has a duly recorded security interest in the | 17 | | vehicle. The Notice and Affidavit of Abandonment shall be | 18 | | substantially in the following form: | 19 | | NOTICE AND AFFIDAVIT OF ABANDONMENT
| 20 | | Notice is hereby given that Lienor, ......, has a statutory | 21 | | lien upon a vehicle (describe) for the storage of the vehicle | 22 | | that the Lienor has furnished; That the name and address of the | 23 | | owner or reputed owner, is ....... located at ....... ; That | 24 | | the lienor furnished storage of the vehicle at the lienor's |
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| 1 | | automotive collision and body repair facility or the lienor's | 2 | | automotive repair facility between the date of ......, | 3 | | ......... and the date of ......, ........; That the vehicle | 4 | | has remained unclaimed for a period of no less than 30 days; | 5 | | That the vehicle is a junk vehicle as defined in Section | 6 | | 1-134.1 of the Vehicle Code or a hazardous dilapidated motor | 7 | | vehicle as defined in Section 11-40-3.1 of the Illinois | 8 | | Municipal Code; That the claimant intends to transfer | 9 | | possession of the vehicle to a licensed scrap processor in this | 10 | | State; That the claimant demands compensation for the storage | 11 | | of the vehicle in the amount of $...., and that the remaining | 12 | | unpaid balance is $......
| 13 | | I,......, being first duly sworn, on oath say that I am the | 14 | | lienor or the authorized agent of the lienor named in the | 15 | | foregoing notice, that I have read the notice, know the | 16 | | contents thereof, and believe the same to be true. | 17 | | (Signed).......... (Lienor)
| 18 | | Address of Lienor .........
| 19 | | State of Illinois,
| 20 | | County of .........
| 21 | | Subscribed and sworn to me before this ..... day of ........, | 22 | | .........
| 23 | | If after 14 days following the mailing of the notice as | 24 | | provided in this Section, the vehicle has not been redeemed, |
| | | HB1155 | - 35 - | LRB097 05096 AJO 45139 b |
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| 1 | | the lienor may sell the vehicle to a licensed scrap processor | 2 | | in the State of Illinois. Any proceeds in excess of the amount | 3 | | due for storage shall be paid to any other lienor, as the | 4 | | lienor's interest may appear, with any remaining amount to be | 5 | | held by the lienor for 6 months. If the owner fails to claim | 6 | | the proceeds within 6 months after the sale, the funds shall be | 7 | | deposited by the lienor with the county treasurer for the | 8 | | county in which the vehicle was stored. The treasurer shall | 9 | | credit the proceeds to the county's general revenue fund, | 10 | | subject to the right of the owner to claim the excess proceeds | 11 | | within 3 years after the date of the deposit with the | 12 | | treasurer.
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