|
| Public Act 100-0104
|
| SB1946 Enrolled | LRB100 08845 AXK 18986 b |
|
|
AN ACT concerning transportation.
|
Be it enacted by the People of the State of Illinois,
|
represented in the General Assembly:
|
Section 5. The Illinois Vehicle Code is amended by changing |
Sections 3-117.1 and 5-104.3 and by adding Section 3-117.3 as |
follows:
|
(625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
|
(Text of Section before amendment by P.A. 99-932)
|
Sec. 3-117.1. When junking certificates or salvage |
certificates must
be obtained. |
(a) Except as provided in Chapter 4 and Section 3-117.3 of |
this Code, a person who possesses a
junk vehicle shall within |
15 days cause the certificate of title, salvage
certificate, |
certificate of purchase, or a similarly acceptable out of state
|
document of ownership to be surrendered to the Secretary of |
State along with an
application for a junking certificate, |
except as provided in Section 3-117.2,
whereupon the Secretary |
of State shall issue to such a person a junking
certificate, |
which shall authorize the holder thereof to possess, transport,
|
or, by an endorsement, transfer ownership in such junked |
vehicle, and a
certificate of title shall not again be issued |
for such vehicle.
|
A licensee who possesses a junk vehicle and a Certificate |
|
of Title,
Salvage Certificate, Certificate of Purchase, or a |
similarly acceptable
out-of-state document of ownership for |
such junk vehicle, may transport the
junk vehicle to another |
licensee prior to applying for or obtaining a
junking |
certificate, by executing a uniform invoice. The licensee
|
transferor shall furnish a copy of the uniform invoice to the |
licensee
transferee at the time of transfer. In any case, the |
licensee transferor
shall apply for a junking certificate in |
conformance with Section 3-117.1
of this Chapter. The following |
information shall be contained on a uniform
invoice:
|
(1) The business name, address and dealer license |
number of the person
disposing of the vehicle, junk vehicle |
or vehicle cowl;
|
(2) The name and address of the person acquiring the |
vehicle, junk
vehicle or vehicle cowl, and if that person |
is a dealer, the Illinois or
out-of-state dealer license |
number of that dealer;
|
(3) The date of the disposition of the vehicle, junk |
vehicle or vehicle
cowl;
|
(4) The year, make, model, color and description of |
each vehicle, junk
vehicle or vehicle cowl disposed of by |
such person;
|
(5) The manufacturer's vehicle identification number, |
Secretary of State
identification number or Illinois |
Department of State Police number,
for each vehicle, junk |
vehicle or vehicle cowl part disposed of by such person;
|
|
(6) The printed name and legible signature of the |
person or agent
disposing of the vehicle, junk vehicle or |
vehicle cowl; and
|
(7) The printed name and legible signature of the |
person accepting
delivery of the vehicle, junk vehicle or |
vehicle cowl.
|
The Secretary of State may certify a junking manifest in a |
form prescribed by
the Secretary of State that reflects those |
vehicles for which junking
certificates have been applied or |
issued. A junking manifest
may be issued to any person and it |
shall constitute evidence of ownership
for the vehicle listed |
upon it. A junking manifest may be transferred only
to a person |
licensed under Section 5-301 of this Code as a scrap processor.
|
A junking manifest will allow the transportation of those
|
vehicles to a scrap processor prior to receiving the junk |
certificate from
the Secretary of State.
|
(b) An application for a salvage certificate shall be |
submitted to the
Secretary of State in any of the following |
situations:
|
(1) When an insurance company makes a payment of |
damages on a total loss
claim for a vehicle, the insurance |
company shall be deemed to be the owner of
such vehicle and |
the vehicle shall be considered to be salvage except that
|
ownership of (i) a vehicle that has incurred only hail |
damage that does
not
affect the operational safety of the |
vehicle or (ii) any vehicle
9 model years of age or older |
|
may, by agreement between
the registered owner and the |
insurance company, be retained by the registered
owner of |
such vehicle. The insurance company shall promptly deliver |
or mail
within 20 days the certificate of title along with |
proper application and fee
to the Secretary of State, and a |
salvage certificate shall be issued in the
name of the |
insurance company. Notwithstanding the foregoing, an |
insurer making payment of damages on a total loss claim for |
the theft of a vehicle shall not be required to apply for a |
salvage certificate unless the vehicle is recovered and has |
incurred damage that initially would have caused the |
vehicle to be declared a total loss by the insurer. |
(1.1) When a vehicle of a self-insured company is to be |
sold in the State of Illinois and has sustained damaged by |
collision, fire, theft, rust corrosion, or other means so |
that the self-insured company determines the vehicle to be |
a total loss, or if the cost of repairing the damage, |
including labor, would be greater than 50% of its fair |
market value without that damage, the vehicle shall be |
considered salvage. The self-insured company shall |
promptly deliver the certificate of title along with proper |
application and fee to the Secretary of State, and a |
salvage certificate shall be issued in the name of the |
self-insured company. A self-insured company making |
payment of damages on a total loss claim for the theft of a |
vehicle may exchange the salvage certificate for a |
|
certificate of title if the vehicle is recovered without |
damage. In such a situation, the self-insured shall fill |
out and sign a form prescribed by the Secretary of State |
which contains an affirmation under penalty of perjury that |
the vehicle was recovered without damage and the Secretary |
of State may, by rule, require photographs to be submitted.
|
(2) When a vehicle the ownership of which has been |
transferred to any
person through a certificate of purchase |
from acquisition of the vehicle at an
auction, other |
dispositions as set forth in Sections 4-208 and 4-209
of |
this Code, a lien arising under Section 18a-501 of this |
Code,
or a public sale under the Abandoned Mobile Home Act |
shall be deemed
salvage or junk at the option of the |
purchaser. The person acquiring such
vehicle in such manner |
shall promptly deliver or mail, within 20 days after the
|
acquisition of the vehicle, the certificate of purchase, |
the
proper application and fee, and, if the vehicle is an |
abandoned mobile home
under the Abandoned Mobile Home Act, |
a certification from a local law
enforcement agency that |
the vehicle was purchased or acquired at a public sale
|
under the Abandoned Mobile Home Act to the Secretary of |
State and a salvage
certificate or junking certificate |
shall be issued in the name of that person.
The salvage |
certificate or junking certificate issued by the Secretary |
of State
under this Section shall be free of any lien that |
existed against the vehicle
prior to the time the vehicle |
|
was acquired by the applicant under this Code.
|
(3) A vehicle which has been repossessed by a |
lienholder shall be
considered to be salvage only when the |
repossessed vehicle, on the date of
repossession by the |
lienholder, has sustained damage by collision, fire, |
theft,
rust corrosion, or other means so that the cost of |
repairing
such damage, including labor, would be greater |
than 33 1/3% of its fair market
value without such damage. |
If the lienholder determines that such vehicle is
damaged |
in excess of 33 1/3% of such fair market value, the |
lienholder shall,
before sale, transfer or assignment of |
the vehicle, make application for a
salvage certificate, |
and shall submit with such application the proper fee
and |
evidence of possession. If the facts required to be shown |
in
subsection (f) of Section 3-114 are satisfied, the |
Secretary of State shall
issue a salvage certificate in the |
name of the lienholder making the
application. In any case |
wherein the vehicle repossessed is not damaged in
excess of |
33 1/3% of its fair market value, the lienholder
shall |
comply with the requirements of subsections (f), (f-5), and |
(f-10) of
Section 3-114, except that the affidavit of |
repossession made by or on behalf
of the lienholder
shall |
also contain an affirmation under penalty of perjury that |
the vehicle
on
the date of sale is not
damaged in
excess of |
33 1/3% of its fair market value. If the facts required to |
be shown
in subsection (f) of Section 3-114 are satisfied, |
|
the Secretary of State
shall issue a certificate of title |
as set forth in Section 3-116 of this Code.
The Secretary |
of State may by rule or regulation require photographs to |
be
submitted.
|
(4) A vehicle which is a part of a fleet of more than 5 |
commercial
vehicles registered in this State or any other |
state or registered
proportionately among several states |
shall be considered to be salvage when
such vehicle has |
sustained damage by collision, fire, theft, rust,
|
corrosion or similar means so that the cost of repairing |
such damage, including
labor, would be greater than 33 1/3% |
of the fair market value of the vehicle
without such |
damage. If the owner of a fleet vehicle desires to sell,
|
transfer, or assign his interest in such vehicle to a |
person within this State
other than an insurance company |
licensed to do business within this State, and
the owner |
determines that such vehicle, at the time of the proposed |
sale,
transfer or assignment is damaged in excess of 33 |
1/3% of its fair market
value, the owner shall, before such |
sale, transfer or assignment, make
application for a |
salvage certificate. The application shall contain with it
|
evidence of possession of the vehicle. If the fleet vehicle |
at the time of its
sale, transfer, or assignment is not |
damaged in excess of 33 1/3% of its
fair market value, the |
owner shall so state in a written affirmation on a
form |
prescribed by the Secretary of State by rule or regulation. |
|
The
Secretary of State may by rule or regulation require |
photographs to be
submitted. Upon sale, transfer or |
assignment of the fleet vehicle the
owner shall mail the |
affirmation to the Secretary of State.
|
(5) A vehicle that has been submerged in water to the
|
point that rising water has reached over the door sill and |
has
entered the
passenger or trunk compartment is a "flood |
vehicle". A flood vehicle shall
be considered to be salvage |
only if the vehicle has sustained damage so that
the cost |
of repairing the damage, including labor, would be greater |
than 33
1/3% of the fair market value of the vehicle |
without that damage. The salvage
certificate issued under |
this
Section shall indicate the word "flood", and the word |
"flood" shall be
conspicuously entered on subsequent |
titles for the vehicle. A person who
possesses or acquires |
a flood vehicle that is not damaged in excess of 33 1/3%
of |
its fair market value shall make application for title in |
accordance with
Section 3-116 of this Code, designating the |
vehicle as "flood" in a manner
prescribed by the Secretary |
of State. The certificate of title issued shall
indicate |
the word "flood", and the word "flood" shall be |
conspicuously entered
on subsequent titles for the |
vehicle.
|
(6) When any licensed rebuilder, repairer, new or used |
vehicle dealer, or remittance agent has submitted an |
application for title to a vehicle (other than an |
|
application for title to a rebuilt vehicle) that he or she |
knows or reasonably should have known to have sustained |
damages in excess of 33 1/3% of the vehicle's fair market |
value without that damage; provided, however, that any |
application for a salvage certificate for a vehicle |
recovered from theft and acquired from an insurance company |
shall be made as required by paragraph (1) of this |
subsection (b). |
(c) Any person who without authority acquires, sells, |
exchanges, gives
away, transfers or destroys or offers to |
acquire, sell, exchange, give
away, transfer or destroy the |
certificate of title to any vehicle which is
a junk or salvage |
vehicle shall be guilty of a Class 3 felony.
|
(d) Any person who knowingly fails to surrender to the |
Secretary of State a
certificate of title, salvage certificate, |
certificate of purchase or a
similarly acceptable out-of-state |
document of ownership as required under
the provisions of this |
Section is guilty of a Class A misdemeanor for a
first offense |
and a Class 4 felony for a subsequent offense; except that a
|
person licensed under this Code who violates paragraph (5) of |
subsection (b)
of this Section is
guilty of a business offense |
and shall be fined not less than $1,000 nor more
than $5,000 |
for a first offense and is guilty of a Class 4 felony
for a |
second or subsequent violation.
|
(e) Any vehicle which is salvage or junk may not be driven |
or operated
on roads and highways within this State. A |
|
violation of this subsection is
a Class A misdemeanor. A |
salvage vehicle displaying valid special plates
issued under |
Section 3-601(b) of this Code, which is being driven to or
from |
an inspection conducted under Section 3-308 of this Code, is |
exempt
from the provisions of this subsection. A salvage |
vehicle for which a
short term permit has been issued under |
Section 3-307 of this Code is
exempt from the provisions of |
this subsection for the duration of the permit.
|
(Source: P.A. 97-832, eff. 7-20-12.)
|
(Text of Section after amendment by P.A. 99-932)
|
Sec. 3-117.1. When junking certificates or salvage |
certificates must
be obtained. |
(a) Except as provided in Chapter 4 and Section 3-117.3 of |
this Code, a person who possesses a
junk vehicle shall within |
15 days cause the certificate of title, salvage
certificate, |
certificate of purchase, or a similarly acceptable out of state
|
document of ownership to be surrendered to the Secretary of |
State along with an
application for a junking certificate, |
except as provided in Section 3-117.2,
whereupon the Secretary |
of State shall issue to such a person a junking
certificate, |
which shall authorize the holder thereof to possess, transport,
|
or, by an endorsement, transfer ownership in such junked |
vehicle, and a
certificate of title shall not again be issued |
for such vehicle.
|
A licensee who possesses a junk vehicle and a Certificate |
|
of Title,
Salvage Certificate, Certificate of Purchase, or a |
similarly acceptable
out-of-state document of ownership for |
such junk vehicle, may transport the
junk vehicle to another |
licensee prior to applying for or obtaining a
junking |
certificate, by executing a uniform invoice. The licensee
|
transferor shall furnish a copy of the uniform invoice to the |
licensee
transferee at the time of transfer. In any case, the |
licensee transferor
shall apply for a junking certificate in |
conformance with Section 3-117.1
of this Chapter. The following |
information shall be contained on a uniform
invoice:
|
(1) The business name, address and dealer license |
number of the person
disposing of the vehicle, junk vehicle |
or vehicle cowl;
|
(2) The name and address of the person acquiring the |
vehicle, junk
vehicle or vehicle cowl, and if that person |
is a dealer, the Illinois or
out-of-state dealer license |
number of that dealer;
|
(3) The date of the disposition of the vehicle, junk |
vehicle or vehicle
cowl;
|
(4) The year, make, model, color and description of |
each vehicle, junk
vehicle or vehicle cowl disposed of by |
such person;
|
(5) The manufacturer's vehicle identification number, |
Secretary of State
identification number or Illinois |
Department of State Police number,
for each vehicle, junk |
vehicle or vehicle cowl part disposed of by such person;
|
|
(6) The printed name and legible signature of the |
person or agent
disposing of the vehicle, junk vehicle or |
vehicle cowl; and
|
(7) The printed name and legible signature of the |
person accepting
delivery of the vehicle, junk vehicle or |
vehicle cowl.
|
The Secretary of State may certify a junking manifest in a |
form prescribed by
the Secretary of State that reflects those |
vehicles for which junking
certificates have been applied or |
issued. A junking manifest
may be issued to any person and it |
shall constitute evidence of ownership
for the vehicle listed |
upon it. A junking manifest may be transferred only
to a person |
licensed under Section 5-301 of this Code as a scrap processor.
|
A junking manifest will allow the transportation of those
|
vehicles to a scrap processor prior to receiving the junk |
certificate from
the Secretary of State.
|
(b) An application for a salvage certificate shall be |
submitted to the
Secretary of State in any of the following |
situations:
|
(1) When an insurance company makes a payment of |
damages on a total loss
claim for a vehicle, the insurance |
company shall be deemed to be the owner of
such vehicle and |
the vehicle shall be considered to be salvage except that
|
ownership of (i) a vehicle that has incurred only hail |
damage that does
not
affect the operational safety of the |
vehicle or (ii) any vehicle
9 model years of age or older |
|
may, by agreement between
the registered owner and the |
insurance company, be retained by the registered
owner of |
such vehicle. The insurance company shall promptly deliver |
or mail
within 20 days the certificate of title along with |
proper application and fee
to the Secretary of State, and a |
salvage certificate shall be issued in the
name of the |
insurance company. Notwithstanding the foregoing, an |
insurer making payment of damages on a total loss claim for |
the theft of a vehicle shall not be required to apply for a |
salvage certificate unless the vehicle is recovered and has |
incurred damage that initially would have caused the |
vehicle to be declared a total loss by the insurer. |
(1.1) When a vehicle of a self-insured company is to be |
sold in the State of Illinois and has sustained damaged by |
collision, fire, theft, rust corrosion, or other means so |
that the self-insured company determines the vehicle to be |
a total loss, or if the cost of repairing the damage, |
including labor, would be greater than 70% of its fair |
market value without that damage, the vehicle shall be |
considered salvage. The self-insured company shall |
promptly deliver the certificate of title along with proper |
application and fee to the Secretary of State, and a |
salvage certificate shall be issued in the name of the |
self-insured company. A self-insured company making |
payment of damages on a total loss claim for the theft of a |
vehicle may exchange the salvage certificate for a |
|
certificate of title if the vehicle is recovered without |
damage. In such a situation, the self-insured shall fill |
out and sign a form prescribed by the Secretary of State |
which contains an affirmation under penalty of perjury that |
the vehicle was recovered without damage and the Secretary |
of State may, by rule, require photographs to be submitted.
|
(2) When a vehicle the ownership of which has been |
transferred to any
person through a certificate of purchase |
from acquisition of the vehicle at an
auction, other |
dispositions as set forth in Sections 4-208 and 4-209
of |
this Code, a lien arising under Section 18a-501 of this |
Code,
or a public sale under the Abandoned Mobile Home Act |
shall be deemed
salvage or junk at the option of the |
purchaser. The person acquiring such
vehicle in such manner |
shall promptly deliver or mail, within 20 days after the
|
acquisition of the vehicle, the certificate of purchase, |
the
proper application and fee, and, if the vehicle is an |
abandoned mobile home
under the Abandoned Mobile Home Act, |
a certification from a local law
enforcement agency that |
the vehicle was purchased or acquired at a public sale
|
under the Abandoned Mobile Home Act to the Secretary of |
State and a salvage
certificate or junking certificate |
shall be issued in the name of that person.
The salvage |
certificate or junking certificate issued by the Secretary |
of State
under this Section shall be free of any lien that |
existed against the vehicle
prior to the time the vehicle |
|
was acquired by the applicant under this Code.
|
(3) A vehicle which has been repossessed by a |
lienholder shall be
considered to be salvage only when the |
repossessed vehicle, on the date of
repossession by the |
lienholder, has sustained damage by collision, fire, |
theft,
rust corrosion, or other means so that the cost of |
repairing
such damage, including labor, would be greater |
than 33 1/3% of its fair market
value without such damage. |
If the lienholder determines that such vehicle is
damaged |
in excess of 33 1/3% of such fair market value, the |
lienholder shall,
before sale, transfer or assignment of |
the vehicle, make application for a
salvage certificate, |
and shall submit with such application the proper fee
and |
evidence of possession. If the facts required to be shown |
in
subsection (f) of Section 3-114 are satisfied, the |
Secretary of State shall
issue a salvage certificate in the |
name of the lienholder making the
application. In any case |
wherein the vehicle repossessed is not damaged in
excess of |
33 1/3% of its fair market value, the lienholder
shall |
comply with the requirements of subsections (f), (f-5), and |
(f-10) of
Section 3-114, except that the affidavit of |
repossession made by or on behalf
of the lienholder
shall |
also contain an affirmation under penalty of perjury that |
the vehicle
on
the date of sale is not
damaged in
excess of |
33 1/3% of its fair market value. If the facts required to |
be shown
in subsection (f) of Section 3-114 are satisfied, |
|
the Secretary of State
shall issue a certificate of title |
as set forth in Section 3-116 of this Code.
The Secretary |
of State may by rule or regulation require photographs to |
be
submitted.
|
(4) A vehicle which is a part of a fleet of more than 5 |
commercial
vehicles registered in this State or any other |
state or registered
proportionately among several states |
shall be considered to be salvage when
such vehicle has |
sustained damage by collision, fire, theft, rust,
|
corrosion or similar means so that the cost of repairing |
such damage, including
labor, would be greater than 33 1/3% |
of the fair market value of the vehicle
without such |
damage. If the owner of a fleet vehicle desires to sell,
|
transfer, or assign his interest in such vehicle to a |
person within this State
other than an insurance company |
licensed to do business within this State, and
the owner |
determines that such vehicle, at the time of the proposed |
sale,
transfer or assignment is damaged in excess of 33 |
1/3% of its fair market
value, the owner shall, before such |
sale, transfer or assignment, make
application for a |
salvage certificate. The application shall contain with it
|
evidence of possession of the vehicle. If the fleet vehicle |
at the time of its
sale, transfer, or assignment is not |
damaged in excess of 33 1/3% of its
fair market value, the |
owner shall so state in a written affirmation on a
form |
prescribed by the Secretary of State by rule or regulation. |
|
The
Secretary of State may by rule or regulation require |
photographs to be
submitted. Upon sale, transfer or |
assignment of the fleet vehicle the
owner shall mail the |
affirmation to the Secretary of State.
|
(5) A vehicle that has been submerged in water to the
|
point that rising water has reached over the door sill and |
has
entered the
passenger or trunk compartment is a "flood |
vehicle". A flood vehicle shall
be considered to be salvage |
only if the vehicle has sustained damage so that
the cost |
of repairing the damage, including labor, would be greater |
than 33
1/3% of the fair market value of the vehicle |
without that damage. The salvage
certificate issued under |
this
Section shall indicate the word "flood", and the word |
"flood" shall be
conspicuously entered on subsequent |
titles for the vehicle. A person who
possesses or acquires |
a flood vehicle that is not damaged in excess of 33 1/3%
of |
its fair market value shall make application for title in |
accordance with
Section 3-116 of this Code, designating the |
vehicle as "flood" in a manner
prescribed by the Secretary |
of State. The certificate of title issued shall
indicate |
the word "flood", and the word "flood" shall be |
conspicuously entered
on subsequent titles for the |
vehicle.
|
(6) When any licensed rebuilder, repairer, new or used |
vehicle dealer, or remittance agent has submitted an |
application for title to a vehicle (other than an |
|
application for title to a rebuilt vehicle) that he or she |
knows or reasonably should have known to have sustained |
damages in excess of 33 1/3% of the vehicle's fair market |
value without that damage; provided, however, that any |
application for a salvage certificate for a vehicle |
recovered from theft and acquired from an insurance company |
shall be made as required by paragraph (1) of this |
subsection (b). |
(c) Any person who without authority acquires, sells, |
exchanges, gives
away, transfers or destroys or offers to |
acquire, sell, exchange, give
away, transfer or destroy the |
certificate of title to any vehicle which is
a junk or salvage |
vehicle shall be guilty of a Class 3 felony.
|
(d) Any person who knowingly fails to surrender to the |
Secretary of State a
certificate of title, salvage certificate, |
certificate of purchase or a
similarly acceptable out-of-state |
document of ownership as required under
the provisions of this |
Section is guilty of a Class A misdemeanor for a
first offense |
and a Class 4 felony for a subsequent offense; except that a
|
person licensed under this Code who violates paragraph (5) of |
subsection (b)
of this Section is
guilty of a business offense |
and shall be fined not less than $1,000 nor more
than $5,000 |
for a first offense and is guilty of a Class 4 felony
for a |
second or subsequent violation.
|
(e) Any vehicle which is salvage or junk may not be driven |
or operated
on roads and highways within this State. A |
|
violation of this subsection is
a Class A misdemeanor. A |
salvage vehicle displaying valid special plates
issued under |
Section 3-601(b) of this Code, which is being driven to or
from |
an inspection conducted under Section 3-308 of this Code, is |
exempt
from the provisions of this subsection. A salvage |
vehicle for which a
short term permit has been issued under |
Section 3-307 of this Code is
exempt from the provisions of |
this subsection for the duration of the permit.
|
(Source: P.A. 99-932, eff. 6-1-17.)
|
(625 ILCS 5/3-117.3 new) |
Sec. 3-117.3. Junking or salvage certificates; insurance |
company; salvage dealer. |
(a) For purposes of this Section, "salvage dealer" means a |
licensed dealer who primarily sells salvage vehicles on behalf |
of insurance companies and obtains a "salvage dealer" |
designation through the used dealer application process under |
Section 5-102 of this Code. |
(b) Notwithstanding any other provision of law to the |
contrary, an insurance company or salvage dealer may, after |
completing a record search for any owner of a vehicle or a |
lienholder of record, obtain free of any lien a junking |
certificate or salvage certificate in the insurance company's |
name by submitting an application for a junking certificate or |
salvage certificate to the Secretary of State. The application |
shall include, but is not limited to, proof of full payment, in |
|
whole or in part, to the vehicle owner or, if applicable, any |
lienholder of record and proof of notice to the vehicle owner |
and any lienholder via certified mail or other proof of service |
that a transfer of title shall occur no earlier than 30 days |
after the date the notice is sent. Upon approval of the |
application, the Secretary shall issue to the insurance company |
a junking certificate or salvage certificate free of any lien |
in the insurance company's name. |
An insurance company or salvage dealer shall not sell a |
salvage vehicle with a title obtained under this subsection (b) |
to anyone not authorized to buy salvage vehicles under this |
Code. |
This subsection (b) shall apply only to a motor vehicle |
titled in this State that has been through an insurance claims |
process and the owner of the vehicle or lienholder, if |
applicable, has received compensation in exchange for |
relinquishing the ownership rights of the vehicle to an |
insurance company licensed under the Illinois Insurance Code |
and the insurance company is unable to obtain an endorsed |
certificate of title within 30 days of payment to the owner or |
lienholder. |
(c) Notwithstanding any other provision of law to the |
contrary, a salvage dealer may, after completing a record |
search for any owner of a vehicle or a lienholder of record, |
obtain free of any lien a junking certificate or salvage |
certificate in his or her name by submitting an application for |
|
a junking certificate or a salvage certificate to the Secretary |
of State which shall include, but is not limited to, proof of |
notice via certified mail or other proof of service to the |
vehicle owner or any lienholder that a transfer of title shall |
occur no earlier than 30 days after the date the notice is |
sent. The notice shall inform the vehicle owner or lienholder |
that upon payment of any applicable charges, the vehicle may be |
removed from the salvage dealer's facility. Upon approval of |
the application, the Secretary shall issue to the salvage |
dealer a junking certificate or salvage certificate free of any |
lien in the salvage dealer's name. |
A salvage dealer shall not sell a salvage vehicle with a |
title obtained under this subsection (c) to anyone not |
authorized to buy salvage vehicles under this Code. |
This subsection (c) shall apply only to a motor vehicle |
titled in this State and in possession of a salvage dealer by |
request of an insurance company licensed under the Illinois |
Insurance Code to take possession of the motor vehicle subject |
to an insurance claim and the insurance company denies coverage |
of the vehicle or does not take ownership of the vehicle within |
45 days of possession by the salvage dealer. |
(d) A vehicle owner or lienholder may send notice of |
dispute of the transfer of title under this Section within 30 |
days after the required notice is sent by the insurance company |
or salvage dealer. If a dispute between a vehicle owner or |
lienholder and an insurance company or salvage dealer cannot be |
|
resolved within 45 days after the required notice to the |
vehicle owner or lienholder is sent, the vehicle owner or |
lienholder, within 90 days after sending notice of dispute, |
shall petition a court of competent jurisdiction for an order |
to determine ownership of the vehicle and shall notify the |
Secretary of State of the filing of the petition. If a vehicle |
owner or lienholder does not file a petition within the 90-day |
period, the title to the vehicle shall be issued to the |
insurance company or salvage dealer under this Section. |
(e) Any person who without authority acquires, sells, |
exchanges, gives away, transfers, or destroys or offers to |
acquire, sell, exchange, give away, transfer, or destroy the |
certificate of title to any vehicle which is a junk or salvage |
vehicle shall be guilty of a Class 3 felony. |
(f) Any person who knowingly fails to surrender to the |
Secretary of State a certificate of title, salvage certificate, |
or certificate of purchase is guilty of a Class A misdemeanor |
for a first offense and a Class 4 felony for a second and |
subsequent offense. |
(g) Any vehicle which is salvage or junk may not be driven |
or operated on roads and highways within this State. A |
violation of this subsection (g) is a Class A misdemeanor. A |
salvage vehicle displaying valid special plates issued under |
subsection (b) of Section 3-601 of this Code, which is being |
driven to or from an inspection conducted under Section 3-308 |
of this Code, is exempt from the provisions of this subsection |
|
(g). A salvage vehicle for which a short term permit has been |
issued under Section 3-307 of this Code is exempt from the |
provisions of this subsection (g) for the duration of the |
permit. |
(h) The Secretary of State may adopt any rules necessary to |
implement this Section.
|
(625 ILCS 5/5-104.3)
|
Sec. 5-104.3. Disclosure of rebuilt vehicle.
|
(a) No person shall knowingly, with intent to defraud or |
deceive
another, sell a
vehicle for which a rebuilt title has |
been issued unless that vehicle is
accompanied by a Disclosure |
of Rebuilt Vehicle Status form, properly signed
and delivered |
to the buyer.
|
(a-5) No dealer or rebuilder licensed under Sections 5-101, |
5-102, or 5-301 of this Code shall sell a vehicle for which a |
rebuilt title has been issued from another jurisdiction without |
first obtaining an Illinois certificate of title with a |
"REBUILT" notation under Section 3-118.1 of this Code. |
(b) The Secretary of State may by rule or regulation |
prescribe the format
and information contained in the |
Disclosure of Rebuilt Vehicle Status form.
|
(c) A violation of subsections subsection (a) or (a-5) of |
this Section is a
Class A misdemeanor.
A second or subsequent |
violation of subsections subsection (a) or (a-5) of this |
Section is a
Class 4 felony.
|
|
(Source: P.A. 91-891, eff. 7-6-00.)
|
Section 95. No acceleration or delay. Where this Act makes |
changes in a statute that is represented in this Act by text |
that is not yet or no longer in effect (for example, a Section |
represented by multiple versions), the use of that text does |
not accelerate or delay the taking effect of (i) the changes |
made by this Act or (ii) provisions derived from any other |
Public Act.
|
Section 99. Effective date. This Act takes effect 90 days |
after becoming law.
|
