SB 2047 — TRANSPORTATION-TECH

*LRB09806542MLW36585b* SB2047 98THEngrossed GENERALLRB098 ASSEMBLY06542 StateMLW of36585 Illinoisb andAN 2014ACT SB2047concerning Introducedtransportation. 2/15/2013, by Sen.

Christine Radogno SYNOPSIS AS INTRODUCED:

ILCS 5/3-117.1 from Ch.

95 1/2, par.

3-117.1 provision regarding junking and salvage certificates.l change in a LRB098 06542 MLW 36585 b A BILL FOR SB2047 LRB098 06542 MLW 36585 b AN ACT concerning transportation.

The Illinois VehicleHighway Code is amended by changing Section 3-117.16-701.8 as follows:

(625(605 ILCS 5/3-117.1)5/6-701.8) (from Ch.

95121, 1/2, par.

3-117.1)6-701.8) Sec.

3-117.1.6-701.8.

WhenThe junkingformula certificatesallocation orfor salvagetownship certificatesand mustroad districts for the distribution of motor fuel tax funds, provided for in Section 8 in the "Motor Fuel Tax Law", may be obtained.used by the highway commissioner, subject to the conditions set out in Sections 6-301, 6-701.1 and 6-701.2 as respects the methods, equipment and materials appropriate for such maintenance or improvement, and, in township counties, with the approval of the board of town trustees, for the maintenance or improvement of nondedicated subdivision roads established prior to July 23, 1959.

(a)Any Exceptsuch asroad providedimproved inbecomes, Chapterby 4operation of thislaw, Code, a personpart who possesses a junk vehicle shall within 15 days cause the the certificate of title, salvage certificate, certificate of purchase, or a similarly acceptable out of state document of ownership to be surrendered to the Secretarytownship ofand Statedistrict alongroad withsystem anproviding applicationsuch forroad ameets junkingstandards certificate, except as providedestablished inby Section 3-117.2, whereupon the Secretarycounty. 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.

AIn licenseetownship whocounties, possessesthe aboard junk vehicle and a Certificate of Title,town Salvagetrustees Certificate,shall Certificatecondition ofits Purchase,approval, oras arequired similarlyby acceptablethis out-of-stateSection, documentupon ofproportional ownershipmatching forcontributions, SB2047whether -in 2cash, -kind, LRB098services 06542or MLWotherwise, 36585by bproperty suchowners junkin vehicle, may transport the junksubdivision vehiclewhere tosuch another licensee prior to applying for or obtaining a junkingroad certificate,is bysituated. executing a uniform invoice.

TheNo licenseemore transferorthan shallthe furnishamount a copy of the uniformSB2047 invoiceEngrossed - 2 - LRB098 06542 MLW 36585 b increase in allocation attributable to this amendatory Act of 1979 and any subsequent amendatory Act plus 50% of such funds otherwise allocated under the licenseeformula transfereeas atprovided in Section 8 in the time"Motor ofFuel transfer.Tax Law" and subsequently approved as provided in this Section, may be expended on eligible nondedicated subdivision roads.

InFunds anymay case,also thebe licenseederived transferorfrom shallother applyroad fordistrict asources, junkingnot certificateto inexceed conformancethe withamount Sectionthat 3-117.1would ofbe thisallocated Chapter.under the motor fuel tax fund formula.

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 SB2047 - 3 - LRB098 06542 MLW 36585 b 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 SB2047 - 4 - LRB098 06542 MLW 36585 b 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 SB2047 - 5 - LRB098 06542 MLW 36585 b 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 SB2047 - 6 - LRB098 06542 MLW 36585 b 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.