Full Text of HB0786 098th General Assembly
HB0786 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB0786 Introduced 1/25/2013, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/3-117.1 | from Ch. 95 1/2, par. 3-117.1 |
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Amends the Illinois Vehicle Code. Makes a technical change in a provision
regarding junking and salvage certificates.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 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 | | Section 3-117.1 as follows:
| 6 | | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
| 7 | | Sec. 3-117.1. When junking certificates or salvage | 8 | | certificates must
be obtained. | 9 | | (a) Except as provided in Chapter 4 of this Code, a person | 10 | | who possesses a
junk vehicle shall within 15 days cause the the | 11 | | certificate of title, salvage
certificate, certificate of | 12 | | purchase, or a similarly acceptable out of state
document of | 13 | | ownership to be surrendered to the Secretary of State along | 14 | | with an
application for a junking certificate, except as | 15 | | provided in Section 3-117.2,
whereupon the Secretary of State | 16 | | shall issue to such a person a junking
certificate, which shall | 17 | | authorize the holder thereof to possess, transport,
or, by an | 18 | | endorsement, transfer ownership in such junked vehicle, and a
| 19 | | certificate of title shall not again be issued for such | 20 | | vehicle.
| 21 | | A licensee who possesses a junk vehicle and a Certificate | 22 | | of Title,
Salvage Certificate, Certificate of Purchase, or a | 23 | | similarly acceptable
out-of-state document of ownership for |
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| 1 | | such junk vehicle, may transport the
junk vehicle to another | 2 | | licensee prior to applying for or obtaining a
junking | 3 | | certificate, by executing a uniform invoice. The licensee
| 4 | | transferor shall furnish a copy of the uniform invoice to the | 5 | | licensee
transferee at the time of transfer. In any case, the | 6 | | licensee transferor
shall apply for a junking certificate in | 7 | | conformance with Section 3-117.1
of this Chapter. The following | 8 | | information shall be contained on a uniform
invoice:
| 9 | | (1) The business name, address and dealer license | 10 | | number of the person
disposing of the vehicle, junk vehicle | 11 | | or vehicle cowl;
| 12 | | (2) The name and address of the person acquiring the | 13 | | vehicle, junk
vehicle or vehicle cowl, and if that person | 14 | | is a dealer, the Illinois or
out-of-state dealer license | 15 | | number of that dealer;
| 16 | | (3) The date of the disposition of the vehicle, junk | 17 | | vehicle or vehicle
cowl;
| 18 | | (4) The year, make, model, color and description of | 19 | | each vehicle, junk
vehicle or vehicle cowl disposed of by | 20 | | such person;
| 21 | | (5) The manufacturer's vehicle identification number, | 22 | | Secretary of State
identification number or Illinois | 23 | | Department of State Police number,
for each vehicle, junk | 24 | | vehicle or vehicle cowl part disposed of by such person;
| 25 | | (6) The printed name and legible signature of the | 26 | | person or agent
disposing of the vehicle, junk vehicle or |
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| 1 | | vehicle cowl; and
| 2 | | (7) The printed name and legible signature of the | 3 | | person accepting
delivery of the vehicle, junk vehicle or | 4 | | vehicle cowl.
| 5 | | The Secretary of State may certify a junking manifest in a | 6 | | form prescribed by
the Secretary of State that reflects those | 7 | | vehicles for which junking
certificates have been applied or | 8 | | issued. A junking manifest
may be issued to any person and it | 9 | | shall constitute evidence of ownership
for the vehicle listed | 10 | | upon it. A junking manifest may be transferred only
to a person | 11 | | licensed under Section 5-301 of this Code as a scrap processor.
| 12 | | A junking manifest will allow the transportation of those
| 13 | | vehicles to a scrap processor prior to receiving the junk | 14 | | certificate from
the Secretary of State.
| 15 | | (b) An application for a salvage certificate shall be | 16 | | submitted to the
Secretary of State in any of the following | 17 | | situations:
| 18 | | (1) When an insurance company makes a payment of | 19 | | damages on a total loss
claim for a vehicle, the insurance | 20 | | company shall be deemed to be the owner of
such vehicle and | 21 | | the vehicle shall be considered to be salvage except that
| 22 | | ownership of (i) a vehicle that has incurred only hail | 23 | | damage that does
not
affect the operational safety of the | 24 | | vehicle or (ii) any vehicle
9 model years of age or older | 25 | | may, by agreement between
the registered owner and the | 26 | | insurance company, be retained by the registered
owner of |
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| 1 | | such vehicle. The insurance company shall promptly deliver | 2 | | or mail
within 20 days the certificate of title along with | 3 | | proper application and fee
to the Secretary of State, and a | 4 | | salvage certificate shall be issued in the
name of the | 5 | | insurance company. Notwithstanding the foregoing, an | 6 | | insurer making payment of damages on a total loss claim for | 7 | | the theft of a vehicle shall not be required to apply for a | 8 | | salvage certificate unless the vehicle is recovered and has | 9 | | incurred damage that initially would have caused the | 10 | | vehicle to be declared a total loss by the insurer. | 11 | | (1.1) When a vehicle of a self-insured company is to be | 12 | | sold in the State of Illinois and has sustained damaged by | 13 | | collision, fire, theft, rust corrosion, or other means so | 14 | | that the self-insured company determines the vehicle to be | 15 | | a total loss, or if the cost of repairing the damage, | 16 | | including labor, would be greater than 50% of its fair | 17 | | market value without that damage, the vehicle shall be | 18 | | considered salvage. The self-insured company shall | 19 | | promptly deliver the certificate of title along with proper | 20 | | application and fee to the Secretary of State, and a | 21 | | salvage certificate shall be issued in the name of the | 22 | | self-insured company. A self-insured company making | 23 | | payment of damages on a total loss claim for the theft of a | 24 | | vehicle may exchange the salvage certificate for a | 25 | | certificate of title if the vehicle is recovered without | 26 | | damage. In such a situation, the self-insured shall fill |
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| 1 | | out and sign a form prescribed by the Secretary of State | 2 | | which contains an affirmation under penalty of perjury that | 3 | | the vehicle was recovered without damage and the Secretary | 4 | | of State may, by rule, require photographs to be submitted.
| 5 | | (2) When a vehicle the ownership of which has been | 6 | | transferred to any
person through a certificate of purchase | 7 | | from acquisition of the vehicle at an
auction, other | 8 | | dispositions as set forth in Sections 4-208 and 4-209
of | 9 | | this Code, a lien arising under Section 18a-501 of this | 10 | | Code,
or a public sale under the Abandoned Mobile Home Act | 11 | | shall be deemed
salvage or junk at the option of the | 12 | | purchaser. The person acquiring such
vehicle in such manner | 13 | | shall promptly deliver or mail, within 20 days after the
| 14 | | acquisition of the vehicle, the certificate of purchase, | 15 | | the
proper application and fee, and, if the vehicle is an | 16 | | abandoned mobile home
under the Abandoned Mobile Home Act, | 17 | | a certification from a local law
enforcement agency that | 18 | | the vehicle was purchased or acquired at a public sale
| 19 | | under the Abandoned Mobile Home Act to the Secretary of | 20 | | State and a salvage
certificate or junking certificate | 21 | | shall be issued in the name of that person.
The salvage | 22 | | certificate or junking certificate issued by the Secretary | 23 | | of State
under this Section shall be free of any lien that | 24 | | existed against the vehicle
prior to the time the vehicle | 25 | | was acquired by the applicant under this Code.
| 26 | | (3) A vehicle which has been repossessed by a |
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| 1 | | lienholder shall be
considered to be salvage only when the | 2 | | repossessed vehicle, on the date of
repossession by the | 3 | | lienholder, has sustained damage by collision, fire, | 4 | | theft,
rust corrosion, or other means so that the cost of | 5 | | repairing
such damage, including labor, would be greater | 6 | | than 33 1/3% of its fair market
value without such damage. | 7 | | If the lienholder determines that such vehicle is
damaged | 8 | | in excess of 33 1/3% of such fair market value, the | 9 | | lienholder shall,
before sale, transfer or assignment of | 10 | | the vehicle, make application for a
salvage certificate, | 11 | | and shall submit with such application the proper fee
and | 12 | | evidence of possession. If the facts required to be shown | 13 | | in
subsection (f) of Section 3-114 are satisfied, the | 14 | | Secretary of State shall
issue a salvage certificate in the | 15 | | name of the lienholder making the
application. In any case | 16 | | wherein the vehicle repossessed is not damaged in
excess of | 17 | | 33 1/3% of its fair market value, the lienholder
shall | 18 | | comply with the requirements of subsections (f), (f-5), and | 19 | | (f-10) of
Section 3-114, except that the affidavit of | 20 | | repossession made by or on behalf
of the lienholder
shall | 21 | | also contain an affirmation under penalty of perjury that | 22 | | the vehicle
on
the date of sale is not
damaged in
excess of | 23 | | 33 1/3% of its fair market value. If the facts required to | 24 | | be shown
in subsection (f) of Section 3-114 are satisfied, | 25 | | the Secretary of State
shall issue a certificate of title | 26 | | as set forth in Section 3-116 of this Code.
The Secretary |
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| 1 | | of State may by rule or regulation require photographs to | 2 | | be
submitted.
| 3 | | (4) A vehicle which is a part of a fleet of more than 5 | 4 | | commercial
vehicles registered in this State or any other | 5 | | state or registered
proportionately among several states | 6 | | shall be considered to be salvage when
such vehicle has | 7 | | sustained damage by collision, fire, theft, rust,
| 8 | | corrosion or similar means so that the cost of repairing | 9 | | such damage, including
labor, would be greater than 33 1/3% | 10 | | of the fair market value of the vehicle
without such | 11 | | damage. If the owner of a fleet vehicle desires to sell,
| 12 | | transfer, or assign his interest in such vehicle to a | 13 | | person within this State
other than an insurance company | 14 | | licensed to do business within this State, and
the owner | 15 | | determines that such vehicle, at the time of the proposed | 16 | | sale,
transfer or assignment is damaged in excess of 33 | 17 | | 1/3% of its fair market
value, the owner shall, before such | 18 | | sale, transfer or assignment, make
application for a | 19 | | salvage certificate. The application shall contain with it
| 20 | | evidence of possession of the vehicle. If the fleet vehicle | 21 | | at the time of its
sale, transfer, or assignment is not | 22 | | damaged in excess of 33 1/3% of its
fair market value, the | 23 | | owner shall so state in a written affirmation on a
form | 24 | | prescribed by the Secretary of State by rule or regulation. | 25 | | The
Secretary of State may by rule or regulation require | 26 | | photographs to be
submitted. Upon sale, transfer or |
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| 1 | | assignment of the fleet vehicle the
owner shall mail the | 2 | | affirmation to the Secretary of State.
| 3 | | (5) A vehicle that has been submerged in water to the
| 4 | | point that rising water has reached over the door sill and | 5 | | has
entered the
passenger or trunk compartment is a "flood | 6 | | vehicle". A flood vehicle shall
be considered to be salvage | 7 | | only if the vehicle has sustained damage so that
the cost | 8 | | of repairing the damage, including labor, would be greater | 9 | | than 33
1/3% of the fair market value of the vehicle | 10 | | without that damage. The salvage
certificate issued under | 11 | | this
Section shall indicate the word "flood", and the word | 12 | | "flood" shall be
conspicuously entered on subsequent | 13 | | titles for the vehicle. A person who
possesses or acquires | 14 | | a flood vehicle that is not damaged in excess of 33 1/3%
of | 15 | | its fair market value shall make application for title in | 16 | | accordance with
Section 3-116 of this Code, designating the | 17 | | vehicle as "flood" in a manner
prescribed by the Secretary | 18 | | of State. The certificate of title issued shall
indicate | 19 | | the word "flood", and the word "flood" shall be | 20 | | conspicuously entered
on subsequent titles for the | 21 | | vehicle.
| 22 | | (6) When any licensed rebuilder, repairer, new or used | 23 | | vehicle dealer, or remittance agent has submitted an | 24 | | application for title to a vehicle (other than an | 25 | | application for title to a rebuilt vehicle) that he or she | 26 | | knows or reasonably should have known to have sustained |
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| 1 | | damages in excess of 33 1/3% of the vehicle's fair market | 2 | | value without that damage; provided, however, that any | 3 | | application for a salvage certificate for a vehicle | 4 | | recovered from theft and acquired from an insurance company | 5 | | shall be made as required by paragraph (1) of this | 6 | | subsection (b). | 7 | | (c) Any person who without authority acquires, sells, | 8 | | exchanges, gives
away, transfers or destroys or offers to | 9 | | acquire, sell, exchange, give
away, transfer or destroy the | 10 | | certificate of title to any vehicle which is
a junk or salvage | 11 | | vehicle shall be guilty of a Class 3 felony.
| 12 | | (d) Any person who knowingly fails to surrender to the | 13 | | Secretary of State a
certificate of title, salvage certificate, | 14 | | certificate of purchase or a
similarly acceptable out-of-state | 15 | | document of ownership as required under
the provisions of this | 16 | | Section is guilty of a Class A misdemeanor for a
first offense | 17 | | and a Class 4 felony for a subsequent offense; except that a
| 18 | | person licensed under this Code who violates paragraph (5) of | 19 | | subsection (b)
of this Section is
guilty of a business offense | 20 | | and shall be fined not less than $1,000 nor more
than $5,000 | 21 | | for a first offense and is guilty of a Class 4 felony
for a | 22 | | second or subsequent violation.
| 23 | | (e) Any vehicle which is salvage or junk may not be driven | 24 | | or operated
on roads and highways within this State. A | 25 | | violation of this subsection is
a Class A misdemeanor. A | 26 | | salvage vehicle displaying valid special plates
issued under |
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| 1 | | Section 3-601(b) of this Code, which is being driven to or
from | 2 | | an inspection conducted under Section 3-308 of this Code, is | 3 | | exempt
from the provisions of this subsection. A salvage | 4 | | vehicle for which a
short term permit has been issued under | 5 | | Section 3-307 of this Code is
exempt from the provisions of | 6 | | this subsection for the duration of the permit.
| 7 | | (Source: P.A. 97-832, eff. 7-20-12.)
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