Illinois General Assembly - Full Text of HB5439
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Full Text of HB5439  102nd General Assembly

HB5439enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB5439 EnrolledLRB102 25485 RAM 34773 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by adding
5Section 3-117.5 and changing Section 11-506 as follows:
 
6    (625 ILCS 5/3-117.5 new)
7    Sec. 3-117.5. Automatic processing of applications for
8salvage or junking certificates; salvage dealer; bond.
9    (a) Notwithstanding any other provision of law to the
10contrary and subject to the requirements of this Section, if a
11salvage dealer as defined under Section 3-117.3 posts annually
12a bond in the amount of $100,000, up to a maximum aggregate
13amount of $100,000, with the Secretary of State, the Secretary
14of State shall automatically process any properly submitted
15application by the salvage dealer for a salvage certificate or
16junking certificate pursuant to Section 3-117.1 and issue the
17appropriate salvage certificate or junking certificate.
18    The Secretary of State Vehicle Services Department may
19conduct random samplings of automatically processed
20applications submitted by a salvage dealer under this Section
21to ensure that the salvage dealer's applications for salvage
22certificates or junking certificates are accurate.
23    Applications for salvage certificates or junking

 

 

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1certificates submitted by a salvage dealer that are not
2accompanied by the most current certificate of title are not
3eligible for automatic processing, including, but not limited
4to, applications accompanied by an affidavit or a uniform
5invoice or certificate of purchase under Section 3-117.1.
6    (b) If a salvage dealer fails to properly submit
7applications for salvage certificates or junking certificates
8at an 85% rate of accuracy or greater, then the Secretary of
9State Vehicle Services Department may suspend that salvage
10dealer's right to automatic processing of applications for
11salvage certificates or junking certificates for a period of
12not less than 90 days. Prior to the initial suspension of a
13salvage dealer's right to automatic processing of applications
14for salvage certificates or junking certificates, the
15Secretary of State Vehicle Services Department shall provide
16notice to the salvage dealer of the processing errors or
17defects and provide the salvage dealer with an opportunity to
18cure the processing errors or defects within a reasonable
19period, which shall not be less than 14 days.
20    If the same processing errors or defects that are
21contained in the initial notice to the salvage dealer are
22repeated a second time by a salvage dealer within a 12-month
23period from the date of the initial notice, then the Secretary
24of State Vehicle Services Department shall suspend that
25salvage dealer's right to automatic processing of applications
26for salvage certificates or junking certificates for a period

 

 

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1of not less than 90 days.
2    If the same processing errors or defects that are
3contained in the initial notice to a salvage dealer are
4repeated a third time by the salvage dealer within a 12-month
5period from the date of the initial notice, then the Secretary
6of State Vehicle Services Department shall suspend that
7salvage dealer's right to automatic processing of applications
8for salvage certificates or junking certificates for a period
9of not less than 180 days.
10    (c) After a salvage dealer's right to automatic processing
11of applications for salvage certificates or junking
12certificates has been suspended and the applicable suspension
13period has been served, the salvage dealer may request
14reinstatement of the right to automatic processing of
15applications for salvage certificates or junking certificates
16by demonstrating to the Secretary of State Vehicle Services
17Department that the salvage dealer has corrected the
18processing errors or defects that resulted in the suspension.
19The Secretary of State Vehicle Services Department, after
20meeting and conferring with the salvage dealer, shall have the
21sole discretion, subject to the appeal rights in subsection
22(d), to determine whether to grant the salvage dealer's
23request for reinstatement.
24    (d) A salvage dealer may appeal a suspension or a denial of
25a request for reinstatement of the right to automatic
26processing of applications for salvage certificates or junking

 

 

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1certificates directly to the Secretary of State.
2    (e) The annual bond posted as required by this Section
3shall be held by the Secretary of State to secure compensation
4for an owner of a vehicle if it is determined that the salvage
5dealer caused the improper transfer of ownership of the
6vehicle without performing the required procedures set forth
7in this Chapter. After providing the salvage dealer with a
8reasonable opportunity to provide proof of its due diligence
9relating to the disputed transaction and after meeting and
10conferring with the salvage dealer, the Secretary of State
11Vehicle Services Department shall determine whether the
12certificate of title of the vehicle was improperly transferred
13out of the owner's name by the salvage dealer. This
14determination shall create a rebuttable presumption that the
15vehicle was improperly transferred out of the owner's name by
16the salvage dealer. Upon such a determination by the Secretary
17of State Vehicle Services Department, if the salvage dealer
18does not compensate the vehicle owner for the value of the
19improperly transferred certificate of title, the owner of the
20vehicle shall have the right to seek reimbursement from the
21posted bond for the loss of the vehicle under a Court of Claims
22proceeding.
23    (f) The security deposited as an annual bond pursuant to
24this Section shall be placed by the Secretary of State in the
25custody of the State Treasurer. Thereafter, any person with a
26claim against the bond may enforce the claim through an

 

 

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1appropriate proceeding in the Court of Claims, subject to the
2limitations prescribed for the Court of Claims.
 
3    (625 ILCS 5/11-506)
4    Sec. 11-506. Street racing; aggravated street racing;
5street sideshows.
6    (a) No person shall engage in street racing on any street
7or highway of this State.
8    (a-5) No person shall engage in a street sideshow on any
9street or highway of this State.
10    (b) No owner of any vehicle shall acquiesce in or permit
11his or her vehicle to be used by another for the purpose of
12street racing or a street sideshow.
13    (b-5) A person may not knowingly interfere with or cause
14the movement of traffic to slow or stop for the purpose of
15facilitating street racing or a street sideshow.
16    (c) For the purposes of this Section, the following words
17shall have the meanings ascribed to them:
18    "Acquiesce" or "permit" means actual knowledge that the
19motor vehicle was to be used for the purpose of street racing.
20    "Motor vehicle stunt" includes, but is not limited to,
21operating a vehicle in a manner that causes the vehicle to
22slide or spin, driving within the proximity of a gathering of
23persons, performing maneuvers to demonstrate the performance
24capability of the motor vehicle, or maneuvering the vehicle in
25an attempt to elicit a reaction from a gathering of persons.

 

 

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1    "Street racing" means:
2        (1) The operation of 2 or more vehicles from a point
3    side by side at accelerating speeds in a competitive
4    attempt to outdistance each other; or
5        (2) The operation of one or more vehicles over a
6    common selected course, each starting at the same point,
7    for the purpose of comparing the relative speeds or power
8    of acceleration of such vehicle or vehicles within a
9    certain distance or time limit; or
10        (3) The use of one or more vehicles in an attempt to
11    outgain or outdistance another vehicle; or
12        (4) The use of one or more vehicles to prevent another
13    vehicle from passing; or
14        (5) The use of one or more vehicles to arrive at a
15    given destination ahead of another vehicle or vehicles; or
16        (6) The use of one or more vehicles to test the
17    physical stamina or endurance of drivers over
18    long-distance driving routes.
19    "Street sideshow" means an event in which one or more
20vehicles block or impede traffic on a street or highway, for
21the purpose of performing unauthorized motor vehicle stunts,
22motor vehicle speed contests, or motor vehicle exhibitions of
23speed.
24    (d) Penalties.
25        (1) Any person who is convicted of a violation of
26    subsection (a), (a-5), or (b-5) shall be guilty of a Class

 

 

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1    A misdemeanor for the first offense and shall be subject
2    to a minimum fine of $250. Any person convicted of a
3    violation of subsection (a), (a-5), or (b-5) a second or
4    subsequent time shall be guilty of a Class 4 felony and
5    shall be subject to a minimum fine of $500. The driver's
6    license of any person convicted of subsection (a) shall be
7    revoked in the manner provided by Section 6-205 of this
8    Code.
9        (2) Any person who is convicted of a violation of
10    subsection (b) shall be guilty of a Class B misdemeanor.
11    Any person who is convicted of subsection (b) for a second
12    or subsequent time shall be guilty of a Class A
13    misdemeanor.
14        (3) Every person convicted of committing a violation
15    of subsection (a) of this Section shall be guilty of
16    aggravated street racing if the person, in committing a
17    violation of subsection (a) was involved in a motor
18    vehicle accident that resulted in great bodily harm or
19    permanent disability or disfigurement to another, where
20    the violation was a proximate cause of the injury.
21    Aggravated street racing is a Class 4 felony for which the
22    defendant, if sentenced to a term of imprisonment shall be
23    sentenced to not less than one year nor more than 12 years.
24(Source: P.A. 95-310, eff. 1-1-08.)