Bill Amendment: IL SB0945 | 2019-2020 | 101st General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: TRANSPORTATION-TECH

Status: 2021-01-13 - Session Sine Die [SB0945 Detail]

Download: Illinois-2019-SB0945-Senate_Amendment_001.html

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Sen. Chuck Weaver

Filed: 3/25/2019

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AMENDMENT TO SENATE BILL 945
AMENDMENT NO. ______. Amend Senate Bill 945 by replacing
everything after the enacting clause with the following:
"Section 5. The Illinois Vehicle Code is amended by
changing Sections 3-117.3 and 3-118 as follows:
(625 ILCS 5/3-117.3)
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

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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.

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(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.

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(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

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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.
(Source: P.A. 100-104, eff. 11-9-17.)
(625 ILCS 5/3-118) (from Ch. 95 1/2, par. 3-118)
Sec. 3-118. Application for salvage or junking
certificate; contents.
(a) An application for a salvage certificate or junking
certificate shall be made upon the forms prescribed by the
Secretary of State and contain:
1. The name and address of the owner;
2. A description of the vehicle including, so far as
the following data exists: its make, year-model,
identifying number, type of body, whether new or used;
3. The date of purchase by applicant; and
4. Any further information reasonably required by the
Secretary of State.

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(b) The application for salvage certificate must also
contain the current odometer reading and that the stated
odometer reading is one of the following: actual mileage, not
the actual mileage or mileage is in excess of its mechanical
limits.
(b-5) Each application for a salvage certificate for a
motor vehicle shall be verified by the National Motor Vehicle
Title Information System (NMVTIS) for a vehicle history report
prior to the Secretary issuing a salvage certificate.
(c) A salvage certificate or a may be assigned to any
person licensed under this Act as a rebuilder, automotive parts
recycler, or scrap processor, or to an out-of-state salvage
vehicle buyer. A salvage certificate for a vehicle that has
come from a police impoundment may be assigned to a municipal
fire department. A junking certificate may be assigned to
anyone. The provisions for reassignment by dealers under
paragraph (a) of Section 3-113 shall apply to salvage
certificates, except as provided in Section 3-117.2. A salvage
certificate may be reassigned to one other person to whom a
salvage certificate may be assigned pursuant to this Section.
(Source: P.A. 99-414, eff. 8-20-15.)
(625 ILCS 5/5-302 rep.)
(625 ILCS 5/5-702 rep.)
Section 10. The Illinois Vehicle Code is amended by
repealing Sections 5-302 and 5-702.".