VEH CD-SALVAGE CERTIFICATE
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SB 1946 — VEH CD-SALVAGE CERTIFICATE
Last action — Public Act . . . . . . . . . 100-0104
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 10, 2017. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Cleared a recorded vote
Passed 2 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Illinois Vehicle Code. Provides that an insurance company 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 in the insurance company's name by submitting an application to the Secretary of State. An insurance company may also obtain free of any lien a salvage certificate for a vehicle of specified 8 model years that has completed an inspection for a rebuilt vehicle under the Code by submitting an application to the Secretary. Defines "model year". Provides that a salvage dealer may, after completing a record search for any owner of a vehicle or a lienholder of record, obtain a junking certificate or a salvage certificate by submitting an application to the Secretary. Defines "salvage dealer". Provides that a vehicle owner or a lienholder may send notice of dispute of title within 30 days after notice of transfer of title is sent by the insurance company or salvage dealer to the owner or lienholder. Provides that no dealer licensed under the 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 the Code. Effective immediately.
Bill Text
What changed in the latest version
24 added · 24 removedPlain-language change summary
The recent updates to SB 1946 involve changes to its formatting and presentation, specifically, replacing the term "Engrossed" with "Enrolled" at the beginning of the document and aligning the document numbering. While there are no alterations to the content of the bill itself, this change matters as it indicates the bill has moved to the final stage before becoming law, showing that it's on track for approval. This step reflects the bill's progress in the legislative process, which is important for transparency and public awareness.
SB1946 EngrossedEnrolled LRB100 08845 AXK 18986 b AN ACT concerning transportation.
A licensee who possesses a junk vehicle and a Certificate SB1946 EngrossedEnrolled - 2 - LRB100 08845 AXK 18986 b 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.
SB1946 EngrossedEnrolled - 3 - LRB100 08845 AXK 18986 b (6) The printed name and legible signature of the person or agent disposing of the vehicle, junk vehicle or vehicle cowl;
(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 SB1946 EngrossedEnrolled - 4 - LRB100 08845 AXK 18986 b may, by agreement between the registered owner and the insurance company, be retained by the registered owner of such vehicle.
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 SB1946 EngrossedEnrolled - 5 - LRB100 08845 AXK 18986 b certificate of title if the vehicle is recovered without damage.
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 SB1946 EngrossedEnrolled - 6 - LRB100 08845 AXK 18986 b was acquired by the applicant under this Code.
If the facts required to be shown in subsection (f) of Section 3-114 are satisfied, SB1946 EngrossedEnrolled - 7 - LRB100 08845 AXK 18986 b the Secretary of State shall issue a certificate of title as set forth in Section 3-116 of this Code.
SB1946 EngrossedEnrolled - 8 - LRB100 08845 AXK 18986 b The Secretary of State may by rule or regulation require photographs to be submitted.
(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 SB1946 EngrossedEnrolled - 9 - LRB100 08845 AXK 18986 b 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;
A SB1946 EngrossedEnrolled - 10 - LRB100 08845 AXK 18986 b violation of this subsection is a Class A misdemeanor.
A licensee who possesses a junk vehicle and a Certificate SB1946 EngrossedEnrolled - 11 - LRB100 08845 AXK 18986 b 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.
SB1946 EngrossedEnrolled - 12 - LRB100 08845 AXK 18986 b (6) The printed name and legible signature of the person or agent disposing of the vehicle, junk vehicle or vehicle cowl;
(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 SB1946 EngrossedEnrolled - 13 - LRB100 08845 AXK 18986 b may, by agreement between the registered owner and the insurance company, be retained by the registered owner of such vehicle.
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 SB1946 EngrossedEnrolled - 14 - LRB100 08845 AXK 18986 b certificate of title if the vehicle is recovered without damage.
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 SB1946 EngrossedEnrolled - 15 - LRB100 08845 AXK 18986 b was acquired by the applicant under this Code.
If the facts required to be shown in subsection (f) of Section 3-114 are satisfied, SB1946 EngrossedEnrolled - 16 - LRB100 08845 AXK 18986 b the Secretary of State shall issue a certificate of title as set forth in Section 3-116 of this Code.
SB1946 EngrossedEnrolled - 17 - LRB100 08845 AXK 18986 b The Secretary of State may by rule or regulation require photographs to be submitted.
(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 SB1946 EngrossedEnrolled - 18 - LRB100 08845 AXK 18986 b 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;
A SB1946 EngrossedEnrolled - 19 - LRB100 08845 AXK 18986 b violation of this subsection is a Class A misdemeanor.
The application shall include, but is not limited to, proof of full payment, in SB1946 EngrossedEnrolled - 20 - LRB100 08845 AXK 18986 b 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.
(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 SB1946 EngrossedEnrolled - 21 - LRB100 08845 AXK 18986 b 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.
If a dispute between a vehicle owner or lienholder and an insurance company or salvage dealer cannot be SB1946 EngrossedEnrolled - 22 - LRB100 08845 AXK 18986 b 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.
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 SB1946 EngrossedEnrolled - 23 - LRB100 08845 AXK 18986 b (g).
SB1946 EngrossedEnrolled - 24 - LRB100 08845 AXK 18986 b (Source:
Action History
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Public Act . . . . . . . . . 100-0104
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Effective Date November 9, 2017
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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Third Reading - Short Debate - Passed 099-000-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass / Short Debate Transportation: Vehicles & Safety Committee; 009-000-000
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Assigned to Transportation: Vehicles & Safety Committee
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Elaine Nekritz
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Arrived in House
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Third Reading - Passed; 054-000-000
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Placed on Calendar Order of 3rd Reading April 25, 2017
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Second Reading
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Placed on Calendar Order of 2nd Reading March 14, 2017
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Do Pass as Amended Insurance; 011-000-000
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Senate Committee Amendment No. 1 Adopted
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Senate Committee Amendment No. 1 Assignments Refers to Insurance
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Senate Committee Amendment No. 1 Referred to Assignments
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Senate Committee Amendment No. 1 Filed with Secretary by Sen. John G. Mulroe
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Assigned to Insurance
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. John G. Mulroe
Sponsors
- John G. Mulroe · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on
Sponsors (0)
None.
Co-sponsors (1)
- John G. Mulroe
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 61 | 0 | 0 | 13 |
| Republican | 10 | 0 | 0 | 2 |
| Democrat | 28 | 0 | 0 | 4 |
| Total | 99 | 0 | 0 | 19 |
| % of votes cast | 84% | 0% | 0% | 16% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Batinick | — | Not Voting |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Bourne | — | Yea |
| Breen | — | Yea |
| Butler | — | Yea |
| McAsey | — | Not Voting |
| Fortner | — | Yea |
| Ives | — | Yea |
| Lang | — | Yea |
| Long | — | Yea |
| McAuliffe | — | Yea |
| McDermed | — | Yea |
| McSweeney | — | Yea |
| Sente | — | Yea |
| Skillicorn | — | Yea |
| Harris, David | — | Yea |
| Sauer | — | Yea |
| Harris, Gregory | — | Yea |
| Bennett | — | Yea |
| Stewart | — | Yea |
| Stratton | — | Yea |
| Hernandez | — | Yea |
| Brady | — | Yea |
| Turner | — | Yea |
| Unes | — | Yea |
| Burke, Daniel | — | Yea |
| Burke, Kelly | — | Yea |
| Wallace | — | Yea |
| Davis | — | Yea |
| Cavaletto | — | Yea |
| Conroy | — | Yea |
| Conyears-Ervin | — | Yea |
| Costello | — | Yea |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Demmer | — | Yea |
| Greenwood | — | Yea |
| Hays | — | Yea |
| Hurley | — | Yea |
| Jesiel | — | Yea |
| Mitchell, Bill | — | Yea |
| Madigan | — | Not Voting |
| Wheeler, Barbara | — | Yea |
| Mitchell, Christian | — | Yea |
| Wheeler, Keith | — | Yea |
| Olsen | — | Yea |
| Parkhurst | — | Not Voting |
| Jones | — | Not Voting |
| Williams | — | Not Voting |
| Drury | — | Not Voting |
| Durkin | — | Yea |
| Tabares | — | Not Voting |
| Thapedi | — | Not Voting |
| Wehrli | — | Not Voting |
| Welter | — | Yea |
| Willis | — | Yea |
| Winger | — | Yea |
| Yingling | — | Yea |
| Flowers | — | Yea |
| Frese | — | Yea |
| Nekritz | — | Yea |
| Jimenez | — | Yea |
| Phelps | — | Not Voting |
| Phillips | — | Yea |
| Pritchard | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Sommer | — | Yea |
| Soto | — | Not Voting |
| Zalewski | — | Not Voting |
| Andersson | — | Yea |
| Arroyo | — | Yea |
| Chapa LaVia | — | Yea |
| Anna Moeller | Democrat | Yea |
| Anthony DeLuca | Democrat | Not Voting |
| Camille Y. Lilly | Democrat | Yea |
| Carol Ammons | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Not Voting |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jaime M. Andrade, Jr. | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Justin Slaughter | Democrat | Yea |
| Katie Stuart | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Martin J. Moylan | Democrat | Yea |
| Michael W. Halpin | Democrat | Yea |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Yea |
| Rita Mayfield | Democrat | Not Voting |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Not Voting |
| Sonya M. Harper | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Yea |
| Sue Scherer | Democrat | Yea |
| Theresa Mah | Democrat | Yea |
| Will Guzzardi | Democrat | Yea |
| Brad Halbrook | Republican | Yea |
| Charles Meier | Republican | Yea |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Dan Swanson | Republican | Yea |
| Dave Severin | Republican | Yea |
| Joe C. Sosnowski | Republican | Not Voting |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Ryan Spain | Republican | Yea |
| Steven Reick | Republican | Not Voting |
| Terri Bryant | Republican | Yea |
| Tony M. McCombie | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 34 | 0 | 0 | 3 |
| Republican | 8 | 0 | 0 | 0 |
| Democrat | 12 | 0 | 0 | 2 |
| Total | 54 | 0 | 0 | 5 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Bertino-Tarrant | — | Not Voting |
| Biss | — | Not Voting |
| Bivins | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| McConnaughay | — | Yea |
| Rooney | — | Yea |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Oberweis | — | Yea |
| Harris | — | Yea |
| Bennett | — | Yea |
| McGuire | — | Yea |
| Silverstein | — | Yea |
| Brady | — | Yea |
| Steans | — | Yea |
| Bush | — | Yea |
| Clayborne | — | Yea |
| Hutchinson | — | Yea |
| Trotter | — | Yea |
| Cullerton | — | Yea |
| Link | — | Yea |
| Cullerton, T. | — | Yea |
| Manar | — | Yea |
| Connelly | — | Yea |
| Haine | — | Not Voting |
| Nybo | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Yea |
| Schimpf | — | Yea |
| Landek | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| Cristina Castro | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Julie A. Morrison | Democrat | Not Voting |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Not Voting |
| Omar Aquino | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dale Fowler | Republican | Yea |
| Dan McConchie | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Neil Anderson | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Travis Weaver | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 1946 do?
- Amends the Illinois Vehicle Code. Provides that an insurance company 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 in the insurance company's name by submitting an application to the Secretary of State. An insurance company may also obtain free of any lien a salvage certificate for a vehicle of specified 8 model years that has completed an inspection for a rebuilt vehicle under the Code by submitting an application to the Secretary. Defines "model year". Provides that a salvage dealer may, after completing a record search for any owner of a vehicle or a lienholder of record, obtain a junking certificate or a salvage certificate by submitting an application to the Secretary. Defines "salvage dealer". Provides that a vehicle owner or a lienholder may send notice of dispute of title within 30 days after notice of transfer of title is sent by the insurance company or salvage dealer to the owner or lienholder. Provides that no dealer licensed under the 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 the Code. Effective immediately.
- Who sponsors SB 1946?
- SB 1946 is sponsored by John G. Mulroe.
- What is the current status of SB 1946?
- This bill has been enacted into law. Introduced February 10, 2017. Enacted.
- Where can I track SB 1946?
- Track SB 1946 free on One Click Politics — get push/email alerts when it moves.
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