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1 | AN ACT concerning transportation.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Vehicle Code is amended by changing | |||||||||||||||||||
5 | Section 3-117.1 as follows:
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6 | (625 ILCS 5/3-117.1) (from Ch. 95 1/2, par. 3-117.1)
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7 | Sec. 3-117.1. When junking certificates or salvage | |||||||||||||||||||
8 | certificates must
be obtained.
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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 | |||||||||||||||||||
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
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19 | certificate of title shall not again be issued for such | |||||||||||||||||||
20 | vehicle.
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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 | |||||||||||||||||||
24 | such junk vehicle, may transport the
junk vehicle to another | |||||||||||||||||||
25 | licensee prior to applying for or obtaining a
junking | |||||||||||||||||||
26 | certificate, by executing a uniform invoice. The licensee
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27 | transferor shall furnish a copy of the uniform invoice to the | |||||||||||||||||||
28 | licensee
transferee at the time of transfer. In any case, the | |||||||||||||||||||
29 | licensee transferor
shall apply for a junking certificate in | |||||||||||||||||||
30 | conformance with Section 3-117.1
of this Chapter. The following | |||||||||||||||||||
31 | information shall be contained on a uniform
invoice:
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32 | (1) The business name, address and dealer license |
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1 | number of the person
disposing of the vehicle, junk vehicle | ||||||
2 | or vehicle cowl;
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3 | (2) The name and address of the person acquiring the | ||||||
4 | vehicle, junk
vehicle or vehicle cowl, and if that person | ||||||
5 | is a dealer, the Illinois or
out-of-state dealer license | ||||||
6 | number of that dealer;
| ||||||
7 | (3) The date of the disposition of the vehicle, junk | ||||||
8 | vehicle or vehicle
cowl;
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9 | (4) The year, make, model, color and description of | ||||||
10 | each vehicle, junk
vehicle or vehicle cowl disposed of by | ||||||
11 | such person;
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12 | (5) The manufacturer's vehicle identification number, | ||||||
13 | Secretary of State
identification number or Illinois | ||||||
14 | Department of State Police number,
for each vehicle, junk | ||||||
15 | vehicle or vehicle cowl part disposed of by such person;
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16 | (6) The printed name and legible signature of the | ||||||
17 | person or agent
disposing of the vehicle, junk vehicle or | ||||||
18 | vehicle cowl; and
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19 | (7) The printed name and legible signature of the | ||||||
20 | person accepting
delivery of the vehicle, junk vehicle or | ||||||
21 | vehicle cowl.
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22 | The Secretary of State may certify a junking manifest in a | ||||||
23 | form prescribed by
the Secretary of State that reflects those | ||||||
24 | vehicles for which junking
certificates have been applied or | ||||||
25 | issued. A junking manifest
may be issued to any person and it | ||||||
26 | shall constitute evidence of ownership
for the vehicle listed | ||||||
27 | upon it. A junking manifest may be transferred only
to a person | ||||||
28 | licensed under Section 5-301 of this Code as a scrap processor.
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29 | A junking manifest will allow the transportation of those
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30 | vehicles to a scrap processor prior to receiving the junk | ||||||
31 | certificate from
the Secretary of State.
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32 | (b) An application for a salvage certificate shall be | ||||||
33 | submitted to the
Secretary of State in any of the following | ||||||
34 | situations:
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35 | (1) When an insurance company makes a payment of | ||||||
36 | damages on a total loss
claim for a vehicle, the insurance |
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1 | company shall be deemed to be the owner of
such vehicle and | ||||||
2 | the vehicle shall be considered to be salvage except that
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3 | ownership of (i) a vehicle that has incurred only hail | ||||||
4 | damage that does
not
affect the operational safety of the | ||||||
5 | vehicle or (ii) any vehicle
9 model years of age or older | ||||||
6 | may, by agreement between
the registered owner and the | ||||||
7 | insurance company, be retained by the registered
owner of | ||||||
8 | such vehicle. The insurance company shall promptly deliver | ||||||
9 | or mail
within 20 days the certificate of title along with | ||||||
10 | proper application and fee
to the Secretary of State, and a | ||||||
11 | salvage certificate shall be issued in the
name of the | ||||||
12 | insurance company. An insurer making payment of damages on | ||||||
13 | a total
loss claim for the theft of a vehicle may exchange | ||||||
14 | the salvage certificate for
a certificate of title if the | ||||||
15 | vehicle is recovered without damage. In such a
situation, | ||||||
16 | the insurer shall fill out and sign a form prescribed by | ||||||
17 | the
Secretary of State which contains an affirmation under | ||||||
18 | penalty of perjury that
the vehicle was recovered without | ||||||
19 | damage and the Secretary of State may, by
rule or | ||||||
20 | regulation, require photographs to be submitted.
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21 | (2) When a vehicle the ownership of which has been | ||||||
22 | transferred to any
person through a certificate of purchase | ||||||
23 | from acquisition of the vehicle at an
auction, other | ||||||
24 | dispositions as set forth in Sections 4-208 and 4-209
of | ||||||
25 | this Code, a lien arising under Section 18a-501 of this | ||||||
26 | Code,
or a public sale under the Abandoned Mobile Home Act | ||||||
27 | shall be deemed
salvage or junk at the option of the | ||||||
28 | purchaser. The person acquiring such
vehicle in such manner | ||||||
29 | shall promptly deliver or mail, within 20 days after the
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30 | acquisition of the vehicle, the certificate of purchase, | ||||||
31 | the
proper application and fee, and, if the vehicle is an | ||||||
32 | abandoned mobile home
under the Abandoned Mobile Home Act, | ||||||
33 | a certification from a local law
enforcement agency that | ||||||
34 | the vehicle was purchased or acquired at a public sale
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35 | under the Abandoned Mobile Home Act to the Secretary of | ||||||
36 | State and a salvage
certificate or junking certificate |
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1 | shall be issued in the name of that person.
The salvage | ||||||
2 | certificate or junking certificate issued by the Secretary | ||||||
3 | of State
under this Section shall be free of any lien that | ||||||
4 | existed against the vehicle
prior to the time the vehicle | ||||||
5 | was acquired by the applicant under this Code.
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6 | (3) A vehicle which has been repossessed by a | ||||||
7 | lienholder shall be
considered to be salvage only when the | ||||||
8 | repossessed vehicle, on the date of
repossession by the | ||||||
9 | lienholder, has sustained damage by collision, fire, | ||||||
10 | theft,
rust corrosion, or other means so that the cost of | ||||||
11 | repairing
such damage, including labor, would be greater | ||||||
12 | than 66 2/3%
33 1/3% of its fair market
value without such | ||||||
13 | damage. If the lienholder determines that such vehicle is
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14 | damaged in excess of 66 2/3%
33 1/3% of such fair market | ||||||
15 | value, the lienholder shall,
before sale, transfer or | ||||||
16 | assignment of the vehicle, make application for a
salvage | ||||||
17 | certificate, and shall submit with such application the | ||||||
18 | proper fee
and evidence of possession. If the facts | ||||||
19 | required to be shown in
subsection (f) of Section 3-114 are | ||||||
20 | satisfied, the Secretary of State shall
issue a salvage | ||||||
21 | certificate in the name of the lienholder making the
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22 | application. In any case wherein the vehicle repossessed is | ||||||
23 | not damaged in
excess of 66 2/3%
33 1/3% of its fair market | ||||||
24 | value, the lienholder
shall comply with the requirements of | ||||||
25 | subsections (f), (f-5), and (f-10) of
Section 3-114, except | ||||||
26 | that the affidavit of repossession made by or on behalf
of | ||||||
27 | the lienholder
shall also contain an affirmation under | ||||||
28 | penalty of perjury that the vehicle
on
the date of sale is | ||||||
29 | not
damaged in
excess of 66 2/3%
33 1/3% of its fair market | ||||||
30 | value. If the facts required to be shown
in subsection (f) | ||||||
31 | of Section 3-114 are satisfied, the Secretary of State
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32 | shall issue a certificate of title as set forth in Section | ||||||
33 | 3-116 of this Code.
The Secretary of State may by rule or | ||||||
34 | regulation require photographs to be
submitted.
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35 | (4) A vehicle which is a part of a fleet of more than 5 | ||||||
36 | commercial
vehicles registered in this State or any other |
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1 | state or registered
proportionately among several states | ||||||
2 | shall be considered to be salvage when
such vehicle has | ||||||
3 | sustained damage by collision, fire, theft, rust,
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4 | corrosion or similar means so that the cost of repairing | ||||||
5 | such damage, including
labor, would be greater than 66 2/3%
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6 | 33 1/3% of the fair market value of the vehicle
without | ||||||
7 | such damage. If the owner of a fleet vehicle desires to | ||||||
8 | sell,
transfer, or assign his interest in such vehicle to a | ||||||
9 | person within this State
other than an insurance company | ||||||
10 | licensed to do business within this State, and
the owner | ||||||
11 | determines that such vehicle, at the time of the proposed | ||||||
12 | sale,
transfer or assignment is damaged in excess of 66 | ||||||
13 | 2/3%
33 1/3% of its fair market
value, the owner shall, | ||||||
14 | before such sale, transfer or assignment, make
application | ||||||
15 | for a salvage certificate. The application shall contain | ||||||
16 | with it
evidence of possession of the vehicle. If the fleet | ||||||
17 | vehicle at the time of its
sale, transfer, or assignment is | ||||||
18 | not damaged in excess of 66 2/3%
33 1/3% of its
fair market | ||||||
19 | value, the owner shall so state in a written affirmation on | ||||||
20 | a
form prescribed by the Secretary of State by rule or | ||||||
21 | regulation. The
Secretary of State may by rule or | ||||||
22 | regulation require photographs to be
submitted. Upon sale, | ||||||
23 | transfer or assignment of the fleet vehicle the
owner shall | ||||||
24 | mail the affirmation to the Secretary of State.
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25 | (5) A vehicle that has been submerged in water to the
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26 | point that rising water has reached over the door sill and | ||||||
27 | has
entered the
passenger or trunk compartment is a "flood | ||||||
28 | vehicle". A flood vehicle shall
be considered to be salvage | ||||||
29 | only if the vehicle has sustained damage so that
the cost | ||||||
30 | of repairing the damage, including labor, would be greater | ||||||
31 | than 66 2/3%
33
1/3% of the fair market value of the | ||||||
32 | vehicle without that damage. The salvage
certificate | ||||||
33 | issued under this
Section shall indicate the word "flood", | ||||||
34 | and the word "flood" shall be
conspicuously entered on | ||||||
35 | subsequent titles for the vehicle. A person who
possesses | ||||||
36 | or acquires a flood vehicle that is not damaged in excess |
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1 | of 66 2/3%
33 1/3%
of its fair market value shall make | ||||||
2 | application for title in accordance with
Section 3-116 of | ||||||
3 | this Code, designating the vehicle as "flood" in a manner
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4 | prescribed by the Secretary of State. The certificate of | ||||||
5 | title issued shall
indicate the word "flood", and the word | ||||||
6 | "flood" shall be conspicuously entered
on subsequent | ||||||
7 | titles for the vehicle.
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8 | (c) Any person who without authority acquires, sells, | ||||||
9 | exchanges, gives
away, transfers or destroys or offers to | ||||||
10 | acquire, sell, exchange, give
away, transfer or destroy the | ||||||
11 | certificate of title to any vehicle which is
a junk or salvage | ||||||
12 | vehicle shall be guilty of a Class 3 felony.
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13 | (d) Any person who knowingly fails to surrender to the | ||||||
14 | Secretary of State a
certificate of title, salvage certificate, | ||||||
15 | certificate of purchase or a
similarly acceptable out-of-state | ||||||
16 | document of ownership as required under
the provisions of this | ||||||
17 | Section is guilty of a Class A misdemeanor for a
first offense | ||||||
18 | and a Class 4 felony for a subsequent offense; except that a
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19 | person licensed under this Code who violates paragraph (5) of | ||||||
20 | subsection (b)
of this Section is
guilty of a business offense | ||||||
21 | and shall be fined not less than $1,000 nor more
than $5,000 | ||||||
22 | for a first offense and is guilty of a Class 4 felony
for a | ||||||
23 | second or subsequent violation.
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24 | (e) Any vehicle which is salvage or junk may not be driven | ||||||
25 | or operated
on roads and highways within this State. A | ||||||
26 | violation of this subsection is
a Class A misdemeanor. A | ||||||
27 | salvage vehicle displaying valid special plates
issued under | ||||||
28 | Section 3-601(b) of this Code, which is being driven to or
from | ||||||
29 | an inspection conducted under Section 3-308 of this Code, is | ||||||
30 | exempt
from the provisions of this subsection. A salvage | ||||||
31 | vehicle for which a
short term permit has been issued under | ||||||
32 | Section 3-307 of this Code is
exempt from the provisions of | ||||||
33 | this subsection for the duration of the permit.
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34 | (Source: P.A. 92-751, eff. 8-2-02.)
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