Full Text of HB5439 102nd General Assembly
HB5439enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by adding | 5 | | Section 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 | 8 | | salvage or junking certificates; salvage dealer; bond. | 9 | | (a) Notwithstanding any other provision of law to the | 10 | | contrary and subject to the requirements of this Section, if a | 11 | | salvage dealer as defined under Section 3-117.3 posts annually | 12 | | a bond in the amount of $100,000, up to a maximum aggregate | 13 | | amount of $100,000, with the Secretary of State, the Secretary | 14 | | of State shall automatically process any properly submitted | 15 | | application by the salvage dealer for a salvage certificate or | 16 | | junking certificate pursuant to Section 3-117.1 and issue the | 17 | | appropriate salvage certificate or junking certificate. | 18 | | The Secretary of State Vehicle Services Department may | 19 | | conduct random samplings of automatically processed | 20 | | applications submitted by a salvage dealer under this Section | 21 | | to ensure that the salvage dealer's applications for salvage | 22 | | certificates or junking certificates are accurate. | 23 | | Applications for salvage certificates or junking |
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| 1 | | certificates submitted by a salvage dealer that are not | 2 | | accompanied by the most current certificate of title are not | 3 | | eligible for automatic processing, including, but not limited | 4 | | to, applications accompanied by an affidavit or a uniform | 5 | | invoice or certificate of purchase under Section 3-117.1. | 6 | | (b) If a salvage dealer fails to properly submit | 7 | | applications for salvage certificates or junking certificates | 8 | | at an 85% rate of accuracy or greater, then the Secretary of | 9 | | State Vehicle Services Department may suspend that salvage | 10 | | dealer's right to automatic processing of applications for | 11 | | salvage certificates or junking certificates for a period of | 12 | | not less than 90 days. Prior to the initial suspension of a | 13 | | salvage dealer's right to automatic processing of applications | 14 | | for salvage certificates or junking certificates, the | 15 | | Secretary of State Vehicle Services Department shall provide | 16 | | notice to the salvage dealer of the processing errors or | 17 | | defects and provide the salvage dealer with an opportunity to | 18 | | cure the processing errors or defects within a reasonable | 19 | | period, which shall not be less than 14 days. | 20 | | If the same processing errors or defects that are | 21 | | contained in the initial notice to the salvage dealer are | 22 | | repeated a second time by a salvage dealer within a 12-month | 23 | | period from the date of the initial notice, then the Secretary | 24 | | of State Vehicle Services Department shall suspend that | 25 | | salvage dealer's right to automatic processing of applications | 26 | | for salvage certificates or junking certificates for a period |
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| 1 | | of not less than 90 days. | 2 | | If the same processing errors or defects that are | 3 | | contained in the initial notice to a salvage dealer are | 4 | | repeated a third time by the salvage dealer within a 12-month | 5 | | period from the date of the initial notice, then the Secretary | 6 | | of State Vehicle Services Department shall suspend that | 7 | | salvage dealer's right to automatic processing of applications | 8 | | for salvage certificates or junking certificates for a period | 9 | | of not less than 180 days. | 10 | | (c) After a salvage dealer's right to automatic processing | 11 | | of applications for salvage certificates or junking | 12 | | certificates has been suspended and the applicable suspension | 13 | | period has been served, the salvage dealer may request | 14 | | reinstatement of the right to automatic processing of | 15 | | applications for salvage certificates or junking certificates | 16 | | by demonstrating to the Secretary of State Vehicle Services | 17 | | Department that the salvage dealer has corrected the | 18 | | processing errors or defects that resulted in the suspension. | 19 | | The Secretary of State Vehicle Services Department, after | 20 | | meeting and conferring with the salvage dealer, shall have the | 21 | | sole discretion, subject to the appeal rights in subsection | 22 | | (d), to determine whether to grant the salvage dealer's | 23 | | request for reinstatement. | 24 | | (d) A salvage dealer may appeal a suspension or a denial of | 25 | | a request for reinstatement of the right to automatic | 26 | | processing of applications for salvage certificates or junking |
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| 1 | | certificates directly to the Secretary of State. | 2 | | (e) The annual bond posted as required by this Section | 3 | | shall be held by the Secretary of State to secure compensation | 4 | | for an owner of a vehicle if it is determined that the salvage | 5 | | dealer caused the improper transfer of ownership of the | 6 | | vehicle without performing the required procedures set forth | 7 | | in this Chapter. After providing the salvage dealer with a | 8 | | reasonable opportunity to provide proof of its due diligence | 9 | | relating to the disputed transaction and after meeting and | 10 | | conferring with the salvage dealer, the Secretary of State | 11 | | Vehicle Services Department shall determine whether the | 12 | | certificate of title of the vehicle was improperly transferred | 13 | | out of the owner's name by the salvage dealer. This | 14 | | determination shall create a rebuttable presumption that the | 15 | | vehicle was improperly transferred out of the owner's name by | 16 | | the salvage dealer. Upon such a determination by the Secretary | 17 | | of State Vehicle Services Department, if the salvage dealer | 18 | | does not compensate the vehicle owner for the value of the | 19 | | improperly transferred certificate of title, the owner of the | 20 | | vehicle shall have the right to seek reimbursement from the | 21 | | posted bond for the loss of the vehicle under a Court of Claims | 22 | | proceeding. | 23 | | (f) The security deposited as an annual bond pursuant to | 24 | | this Section shall be placed by the Secretary of State in the | 25 | | custody of the State Treasurer. Thereafter, any person with a | 26 | | claim against the bond may enforce the claim through an |
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| 1 | | appropriate proceeding in the Court of Claims, subject to the | 2 | | limitations prescribed for the Court of Claims. | 3 | | (625 ILCS 5/11-506) | 4 | | Sec. 11-506. Street racing; aggravated street racing ; | 5 | | street sideshows . | 6 | | (a) No person shall engage in street racing on any street | 7 | | or highway of this State. | 8 | | (a-5) No person shall engage in a street sideshow on any | 9 | | street or highway of this State. | 10 | | (b) No owner of any vehicle shall acquiesce in or permit | 11 | | his or her vehicle to be used by another for the purpose of | 12 | | street racing or a street sideshow . | 13 | | (b-5) A person may not knowingly interfere with or cause | 14 | | the movement of traffic to slow or stop for the purpose of | 15 | | facilitating street racing or a street sideshow. | 16 | | (c) For the purposes of this Section , the following words | 17 | | shall have the meanings ascribed to them : | 18 | | "Acquiesce" or "permit" means actual knowledge that the | 19 | | motor vehicle was to be used for the purpose of street racing. | 20 | | "Motor vehicle stunt" includes, but is not limited to, | 21 | | operating a vehicle in a manner that causes the vehicle to | 22 | | slide or spin, driving within the proximity of a gathering of | 23 | | persons, performing maneuvers to demonstrate the performance | 24 | | capability of the motor vehicle, or maneuvering the vehicle in | 25 | | an 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 | 20 | | vehicles block or impede traffic on a street or highway, for | 21 | | the purpose of performing unauthorized motor vehicle stunts, | 22 | | motor vehicle speed contests, or motor vehicle exhibitions of | 23 | | speed. | 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.)
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