Public Act 100-0104
Public Act 0104 100TH GENERAL ASSEMBLY
|
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.
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Effective Date: 11/9/2017
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