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| [ Introduced ] | [ Engrossed ] | [ Senate Amendment 001 ] |
92_HB4407enr HB4407 Enrolled LRB9215293JSpc 1 AN ACT relating to motor 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 5 changing 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 10 person who possesses a junk vehicle shall within 15 days 11 cause the certificate of title, salvage certificate, 12 certificate of purchase, or a similarly acceptable out of 13 state document of ownership to be surrendered to the 14 Secretary of State along with an application for a junking 15 certificate, except as provided in Section 3-117.2, whereupon 16 the Secretary of State shall issue to such a person a junking 17 certificate, which shall authorize the holder thereof to 18 possess, transport, or, by an endorsement, transfer ownership 19 in such junked vehicle, and a certificate of title shall not 20 again be issued for such 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 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 27 transferor shall furnish a copy of the uniform invoice to the 28 licensee transferee at the time of transfer. In any case, 29 the licensee transferor shall apply for a junking certificate 30 in conformance with Section 3-117.1 of this Chapter. The 31 following information shall be contained on a uniform HB4407 Enrolled -2- LRB9215293JSpc 1 invoice: 2 (1) The business name, address and dealer license 3 number of the person disposing of the vehicle, junk 4 vehicle or vehicle cowl; 5 (2) The name and address of the person acquiring 6 the vehicle, junk vehicle or vehicle cowl, and if that 7 person is a dealer, the Illinois or out-of-state dealer 8 license number of that dealer; 9 (3) The date of the disposition of the vehicle, 10 junk vehicle or vehicle cowl; 11 (4) The year, make, model, color and description of 12 each vehicle, junk vehicle or vehicle cowl disposed of by 13 such person; 14 (5) The manufacturer's vehicle identification 15 number, Secretary of State identification number or 16 Illinois Department of State Police number, for each 17 vehicle, junk vehicle or vehicle cowl part disposed of by 18 such person; 19 (6) The printed name and legible signature of the 20 person or agent disposing of the vehicle, junk vehicle or 21 vehicle cowl; and 22 (7) The printed name and legible signature of the 23 person accepting delivery of the vehicle, junk vehicle or 24 vehicle cowl. 25 The Secretary of State may certify a junking manifest in 26 a form prescribed by the Secretary of State that reflects 27 those vehicles for which junking certificates have been 28 applied or issued. A junking manifest may be issued to any 29 person and it shall constitute evidence of ownership for the 30 vehicle listed upon it. A junking manifest may be 31 transferred only to a person licensed under Section 5-301 of 32 this Code as a scrap processor. A junking manifest will 33 allow the transportation of those vehicles to a scrap 34 processor prior to receiving the junk certificate from the HB4407 Enrolled -3- LRB9215293JSpc 1 Secretary of State. 2 (b) An application for a salvage certificate shall be 3 submitted to the Secretary of State in any of the following 4 situations: 5 (1) When an insurance company makes a payment of 6 damages on a total loss claim for a vehicle, the 7 insurance company shall be deemed to be the owner of such 8 vehicle and the vehicle shall be considered to be salvage 9 except that ownership of (i) a vehicle that has incurred 10 only hail damage that does not affect the operational 11 safety of the vehicle or (ii) any vehicle 9 model years 12 of age or older may, by agreement between the registered 13 owner and the insurance company, be retained by the 14 registered owner of such vehicle. The insurance company 15 shall promptly deliver or mail within 20 days the 16 certificate of title along with proper application and 17 fee to the Secretary of State, and a salvage certificate 18 shall be issued in the name of the insurance company. An 19 insurer making payment of damages on a total loss claim 20 for the theft of a vehicle may exchange the salvage 21 certificate for a certificate of title if the vehicle is 22 recovered without damage. In such a situation, the 23 insurer shall fill out and sign a form prescribed by the 24 Secretary of State which contains an affirmation under 25 penalty of perjury that the vehicle was recovered without 26 damage and the Secretary of State may, by rule or 27 regulation, require photographs to be submitted. 28 (2) When a vehicle the ownership of which has been 29 transferred to any person through a certificate of 30 purchase from acquisition of the vehicle at an auction, 31 other dispositions as set forth in Sections 4-208 and 32 4-209 of this Code, a lien arising under Section 18a-501 33 of this Code, or a public sale under the Abandoned Mobile 34 Home Act shall be deemed salvage or junk at the option of HB4407 Enrolled -4- LRB9215293JSpc 1 the purchaser. The person acquiring such vehicle in such 2 manner shall promptly deliver or mail, within 20 days 3 after the acquisition of the vehicle, the certificate of 4 purchase, the proper application and fee, and, if the 5 vehicle is an abandoned mobile home under the Abandoned 6 Mobile Home Act, a certification from a local law 7 enforcement agency that the vehicle was purchased or 8 acquired at a public sale under the Abandoned Mobile Home 9 Act to the Secretary of State and a salvage certificate 10 or junking certificate shall be issued in the name of 11 that person. The salvage certificate or junking 12 certificate issued by the Secretary of State under this 13 Section shall be free of any lien that existed against 14 the vehicle prior to the time the vehicle was acquired by 15 the applicant under this Code. 16 (3) A vehicle which has been repossessed by a 17 lienholder shall be considered to be salvage only when 18 the repossessed vehicle, on the date of repossession by 19 the lienholder, has sustained damage by collision, fire, 20 theft, rust corrosion, or other means so that the cost of 21 repairing such damage, including labor, would be greater 22 than 33 1/3% of its fair market value without such 23 damage. If the lienholder determines that such vehicle 24 is damaged in excess of 33 1/3% of such fair market 25 value, the lienholder shall, before sale, transfer or 26 assignment of the vehicle, make application for a salvage 27 certificate, and shall submit with such application the 28 proper fee and evidence of possession. If the facts 29 required to be shown in subsection (f) of Section 3-114 30 are satisfied, the Secretary of State shall issue a 31 salvage certificate in the name of the lienholder making 32 the application. In any case wherein the vehicle 33 repossessed is not damaged in excess of 33 1/3% of its 34 fair market value, the lienholder shall comply with the HB4407 Enrolled -5- LRB9215293JSpc 1 requirements of subsections (f), (f-5), and (f-10) of 2 Section 3-114, except that the affidavit of repossession 3 made by or on behalf of the lienholder shall also contain 4 an affirmation under penalty of perjury that the vehicle 5 on the date of sale is not damaged in excess of 33 1/3% 6 of its fair market value. If the facts required to be 7 shown in subsection (f) of Section 3-114 are satisfied, 8 the Secretary of State shall issue a certificate of title 9 as set forth in Section 3-116 of this Code. The Secretary 10 of State may by rule or regulation require photographs to 11 be submitted. 12 (4) A vehicle which is a part of a fleet of more 13 than 5 commercial vehicles registered in this State or 14 any other state or registered proportionately among 15 several states shall be considered to be salvage when 16 such vehicle has sustained damage by collision, fire, 17 theft, rust, corrosion or similar means so that the cost 18 of repairing such damage, including labor, would be 19 greater than 33 1/3% of the fair market value of the 20 vehicle without such damage. If the owner of a fleet 21 vehicle desires to sell, transfer, or assign his interest 22 in such vehicle to a person within this State other than 23 an insurance company licensed to do business within this 24 State, and the owner determines that such vehicle, at the 25 time of the proposed sale, transfer or assignment is 26 damaged in excess of 33 1/3% of its fair market value, 27 the owner shall, before such sale, transfer or 28 assignment, make application for a salvage certificate. 29 The application shall contain with it evidence of 30 possession of the vehicle. If the fleet vehicle at the 31 time of its sale, transfer, or assignment is not damaged 32 in excess of 33 1/3% of its fair market value, the owner 33 shall so state in a written affirmation on a form 34 prescribed by the Secretary of State by rule or HB4407 Enrolled -6- LRB9215293JSpc 1 regulation. The Secretary of State may by rule or 2 regulation require photographs to be submitted. Upon 3 sale, transfer or assignment of the fleet vehicle the 4 owner shall mail the affirmation to the Secretary of 5 State. 6 (5) A vehicle that has been submerged in water to 7 the point that rising water has reached over the door 8 sill and has entered the passenger or trunk compartment 9 is a "flood vehicle". A flood vehicle shall be 10 considered to be salvage only if the vehicle has 11 sustained damage so that the cost of repairing the 12 damage, including labor, would be greater than 33 1/3% of 13 the fair market value of the vehicle without that damage. 14 The salvage certificate issued under this Section shall 15 indicate the word "flood", and the word "flood" shall be 16 conspicuously entered on subsequent titles for the 17 vehicle. A person who possesses or acquires a flood 18 vehicle that is not damaged in excess of 33 1/3% of its 19 fair market value shall make application for title in 20 accordance with Section 3-116 of this Code, designating 21 the vehicle as "flood" in a manner prescribed by the 22 Secretary of State. The certificate of title issued 23 shall indicate the word "flood", and the word "flood" 24 shall be conspicuously entered on subsequent titles for 25 the vehicle. 26 (c) Any person who without authority acquires, sells, 27 exchanges, gives away, transfers or destroys or offers to 28 acquire, sell, exchange, give away, transfer or destroy the 29 certificate of title to any vehicle which is a junk or 30 salvage vehicle shall be guilty of a Class 3 felony. 31 (d) Any person who knowingly fails to surrender to the 32 Secretary of State a certificate of title, salvage 33 certificate, certificate of purchase or a similarly 34 acceptable out-of-state document of ownership as required HB4407 Enrolled -7- LRB9215293JSpc 1 under the provisions of this Section is guilty of a Class A 2 misdemeanor for a first offense and a Class 4 felony for a 3 subsequent offense; except that a person licensed under this 4 Code who violates paragraph (5) of subsection (b) of this 5 Section is guilty of a business offense and shall be fined 6 not less than $1,000 nor more than $5,000 for a first offense 7 and is guilty of a Class 4 felony for a second or subsequent 8 violation. 9 (e) Any vehicle which is salvage or junk may not be 10 driven or operated on roads and highways within this State. 11 A violation of this subsection is a Class A misdemeanor. A 12 salvage vehicle displaying valid special plates issued under 13 Section 3-601(b) of this Code, which is being driven to or 14 from an inspection conducted under Section 3-308 of this 15 Code, is exempt from the provisions of this subsection. A 16 salvage vehicle for which a short term permit has been issued 17 under Section 3-307 of this Code is exempt from the 18 provisions of this subsection for the duration of the permit. 19 (Source: P.A. 89-669, eff. 1-1-97; 90-665, eff. 1-1-99.) 20 Section 99. Effective date. This Act takes effect upon 21 becoming law.