Full Text of HB5439 102nd General Assembly
HB5439sam002 102ND GENERAL ASSEMBLY | Sen. Antonio Muñoz Filed: 3/31/2022
| | 10200HB5439sam002 | | LRB102 25485 NLB 38335 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 5439
| 2 | | AMENDMENT NO. ______. Amend House Bill 5439, AS AMENDED, | 3 | | with reference to page and line numbers of Senate Amendment | 4 | | No. 1, on page 1, line 4, after "by", by inserting "adding | 5 | | Section 3-117.5 and"; and
| 6 | | on page 1, immediately below line 5, by inserting the | 7 | | following: | 8 | | "(625 ILCS 5/3-117.5 new) | 9 | | Sec. 3-117.5. Automatic processing of applications for | 10 | | salvage or junking certificates; salvage dealer; bond. | 11 | | (a) Notwithstanding any other provision of law to the | 12 | | contrary and subject to the requirements of this Section, if a | 13 | | salvage dealer as defined under Section 3-117.3 posts annually | 14 | | a bond in the amount of $100,000, up to a maximum aggregate | 15 | | amount of $100,000, with the Secretary of State, the Secretary | 16 | | of State shall automatically process any properly submitted |
| | | 10200HB5439sam002 | - 2 - | LRB102 25485 NLB 38335 a |
|
| 1 | | application by the salvage dealer for a salvage certificate or | 2 | | junking certificate pursuant to Section 3-117.1 and issue the | 3 | | appropriate salvage certificate or junking certificate. | 4 | | The Secretary of State Vehicle Services Department may | 5 | | conduct random samplings of automatically processed | 6 | | applications submitted by a salvage dealer under this Section | 7 | | to ensure that the salvage dealer's applications for salvage | 8 | | certificates or junking certificates are accurate. | 9 | | Applications for salvage certificates or junking | 10 | | certificates submitted by a salvage dealer that are not | 11 | | accompanied by the most current certificate of title are not | 12 | | eligible for automatic processing, including, but not limited | 13 | | to, applications accompanied by an affidavit or a uniform | 14 | | invoice or certificate of purchase under Section 3-117.1. | 15 | | (b) If a salvage dealer fails to properly submit | 16 | | applications for salvage certificates or junking certificates | 17 | | at an 85% rate of accuracy or greater, then the Secretary of | 18 | | State Vehicle Services Department may suspend that salvage | 19 | | dealer's right to automatic processing of applications for | 20 | | salvage certificates or junking certificates for a period of | 21 | | not less than 90 days. Prior to the initial suspension of a | 22 | | salvage dealer's right to automatic processing of applications | 23 | | for salvage certificates or junking certificates, the | 24 | | Secretary of State Vehicle Services Department shall provide | 25 | | notice to the salvage dealer of the processing errors or | 26 | | defects and provide the salvage dealer with an opportunity to |
| | | 10200HB5439sam002 | - 3 - | LRB102 25485 NLB 38335 a |
|
| 1 | | cure the processing errors or defects within a reasonable | 2 | | period, which shall not be less than 14 days. | 3 | | If the same processing errors or defects that are | 4 | | contained in the initial notice to the salvage dealer are | 5 | | repeated a second time by a salvage dealer within a 12-month | 6 | | period from the date of the initial notice, then the Secretary | 7 | | of State Vehicle Services Department shall suspend that | 8 | | salvage dealer's right to automatic processing of applications | 9 | | for salvage certificates or junking certificates for a period | 10 | | of not less than 90 days. | 11 | | If the same processing errors or defects that are | 12 | | contained in the initial notice to a salvage dealer are | 13 | | repeated a third time by the salvage dealer within a 12-month | 14 | | period from the date of the initial notice, then the Secretary | 15 | | of State Vehicle Services Department shall suspend that | 16 | | salvage dealer's right to automatic processing of applications | 17 | | for salvage certificates or junking certificates for a period | 18 | | of not less than 180 days. | 19 | | (c) After a salvage dealer's right to automatic processing | 20 | | of applications for salvage certificates or junking | 21 | | certificates has been suspended and the applicable suspension | 22 | | period has been served, the salvage dealer may request | 23 | | reinstatement of the right to automatic processing of | 24 | | applications for salvage certificates or junking certificates | 25 | | by demonstrating to the Secretary of State Vehicle Services | 26 | | Department that the salvage dealer has corrected the |
| | | 10200HB5439sam002 | - 4 - | LRB102 25485 NLB 38335 a |
|
| 1 | | processing errors or defects that resulted in the suspension. | 2 | | The Secretary of State Vehicle Services Department, after | 3 | | meeting and conferring with the salvage dealer, shall have the | 4 | | sole discretion, subject to the appeal rights in subsection | 5 | | (d), to determine whether to grant the salvage dealer's | 6 | | request for reinstatement. | 7 | | (d) A salvage dealer may appeal a suspension or a denial of | 8 | | a request for reinstatement of the right to automatic | 9 | | processing of applications for salvage certificates or junking | 10 | | certificates directly to the Secretary of State. | 11 | | (e) The annual bond posted as required by this Section | 12 | | shall be held by the Secretary of State to secure compensation | 13 | | for an owner of a vehicle if it is determined that the salvage | 14 | | dealer caused the improper transfer of ownership of the | 15 | | vehicle without performing the required procedures set forth | 16 | | in this Chapter. After providing the salvage dealer with a | 17 | | reasonable opportunity to provide proof of its due diligence | 18 | | relating to the disputed transaction and after meeting and | 19 | | conferring with the salvage dealer, the Secretary of State | 20 | | Vehicle Services Department shall determine whether the | 21 | | certificate of title of the vehicle was improperly transferred | 22 | | out of the owner's name by the salvage dealer. This | 23 | | determination shall create a rebuttable presumption that the | 24 | | vehicle was improperly transferred out of the owner's name by | 25 | | the salvage dealer. Upon such a determination by the Secretary | 26 | | of State Vehicle Services Department, if the salvage dealer |
| | | 10200HB5439sam002 | - 5 - | LRB102 25485 NLB 38335 a |
|
| 1 | | does not compensate the vehicle owner for the value of the | 2 | | improperly transferred certificate of title, the owner of the | 3 | | vehicle shall have the right to seek reimbursement from the | 4 | | posted bond for the loss of the vehicle under a Court of Claims | 5 | | proceeding. | 6 | | (f) The security deposited as an annual bond pursuant to | 7 | | this Section shall be placed by the Secretary of State in the | 8 | | custody of the State Treasurer. Thereafter, any person with a | 9 | | claim against the bond may enforce the claim through an | 10 | | appropriate proceeding in the Court of Claims, subject to the | 11 | | limitations prescribed for the Court of Claims. ".
|
|