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Public Act 100-0104


 

Public Act 0104 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0104
 
SB1946 EnrolledLRB100 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.

Effective Date: 11/9/2017