Public Act 102-0733
 
HB5439 EnrolledLRB102 25485 RAM 34773 b


  
    AN ACT concerning transportation.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  




 
    Section 5. The Illinois Vehicle Code is amended  by adding 
Section 3-117.5 and changing Section 11-506 as follows:
 
    (625 ILCS 5/3-117.5 new)
    Sec. 3-117.5. Automatic processing of applications for 
salvage or junking certificates; salvage dealer; bond.
    (a)    Notwithstanding any other provision of law to the 
contrary and subject to the requirements of this Section, if a 
salvage dealer as defined under Section 3-117.3 posts annually 
a bond in the amount of $100,000, up to a maximum aggregate 
amount of $100,000, with the Secretary of State, the Secretary 
of State shall automatically process any properly submitted 
application by the salvage dealer for a salvage certificate or 
junking certificate pursuant to Section 3-117.1 and issue the 
appropriate salvage certificate or junking certificate.
    The Secretary of State Vehicle Services Department may 
conduct random samplings of automatically processed 
applications submitted by a salvage dealer under this Section 
to ensure that the salvage dealer's applications for salvage 
certificates or junking certificates are accurate.
    Applications for salvage certificates or junking 
certificates submitted by a salvage dealer that are not 
accompanied by the most current certificate of title are not 
eligible for automatic processing, including, but not limited 
to, applications accompanied by an affidavit or a uniform 
invoice or certificate of purchase under Section 3-117.1.
    (b)    If a salvage dealer fails to properly submit 
applications for salvage certificates or junking certificates 
at an 85% rate of accuracy or greater, then the Secretary of 
State Vehicle Services Department may suspend that salvage 
dealer's right to automatic processing of applications for 
salvage certificates or junking certificates for a period of 
not less than 90 days. Prior to the initial suspension of a 
salvage dealer's right to automatic processing of applications 
for salvage certificates or junking certificates, the 
Secretary of State Vehicle Services Department shall provide 
notice to the salvage dealer of the processing errors or 
defects and provide the salvage dealer with an opportunity to 
cure the processing errors or defects within a reasonable 
period, which shall not be less than 14 days.
    If the same processing errors or defects that are 
contained in the initial notice to the salvage dealer are 
repeated a second time by a salvage dealer within a 12-month 
period from the date of the initial notice, then the Secretary 
of State Vehicle Services Department shall suspend that 
salvage dealer's right to automatic processing of applications 
for salvage certificates or junking certificates for a period 
of not less than 90 days.
    If the same processing errors or defects that are 
contained in the initial notice to a salvage dealer are 
repeated a third time by the salvage dealer within a 12-month 
period from the date of the initial notice, then the Secretary 
of State Vehicle Services Department shall suspend that 
salvage dealer's right to automatic processing of applications 
for salvage certificates or junking certificates for a period 
of not less than 180 days.
    (c)    After a salvage dealer's right to automatic processing 
of applications for salvage certificates or junking 
certificates has been suspended and the applicable suspension 
period has been served, the salvage dealer may request 
reinstatement of the right to automatic processing of 
applications for salvage certificates or junking certificates 
by demonstrating to the Secretary of State Vehicle Services 
Department that the salvage dealer has corrected the 
processing errors or defects that resulted in the suspension. 
The Secretary of State Vehicle Services Department, after 
meeting and conferring with the salvage dealer, shall have the 
sole discretion, subject to the appeal rights in subsection 
(d), to determine whether to grant the salvage dealer's 
request for reinstatement.
    (d)   A salvage dealer may appeal a suspension or a denial of 
a request for reinstatement of the right to automatic 
processing of applications for salvage certificates or junking 
certificates directly to the Secretary of State.
    (e)    The annual bond posted as required by this Section 
shall be held by the Secretary of State to secure compensation 
for an owner of a vehicle if it is determined that the salvage 
dealer caused the improper transfer of ownership of the 
vehicle without performing the required procedures set forth 
in this Chapter. After providing the salvage dealer with a 
reasonable opportunity to provide proof of its due diligence 
relating to the disputed transaction and after meeting and 
conferring with the salvage dealer, the Secretary of State 
Vehicle Services Department shall determine whether the 
certificate of title of the vehicle was improperly transferred 
out of the owner's name by the salvage dealer. This 
determination shall create a rebuttable presumption that the 
vehicle was improperly transferred out of the owner's name by 
the salvage dealer. Upon such a determination by the Secretary 
of State Vehicle Services Department, if the salvage dealer 
does not compensate the vehicle owner for the value of the 
improperly transferred certificate of title, the owner of the 
vehicle shall have the right to seek reimbursement from the 
posted bond for the loss of the vehicle under a Court of Claims 
proceeding. 
    (f)    The security deposited as an annual bond pursuant to 
this Section shall be placed by the Secretary of State in the 
custody of the State Treasurer. Thereafter, any person with a 
claim against the bond may enforce the claim through an 
appropriate proceeding in the Court of Claims, subject to the 
limitations prescribed for the Court of Claims.
 
    (625 ILCS 5/11-506)
    Sec. 11-506. Street racing; aggravated street racing; 
street sideshows.
    (a) No person shall engage in street racing on any street 
or highway of this State.
    (a-5)   No person shall engage in a  street sideshow on any 
street or highway of this State. 
    (b) No owner of any vehicle shall acquiesce in or permit 
his or her  vehicle to be used by another for the purpose of 
street racing or a street sideshow.
    (b-5) A person may not knowingly interfere with or cause 
the movement of traffic to slow or stop for the purpose of 
facilitating street racing or a street sideshow. 
    (c) For the purposes of this Section, the following words 
shall have the meanings ascribed to them:
    "Acquiesce" or "permit" means actual knowledge that the 
motor vehicle was to be used for the purpose of street racing.
    "Motor vehicle stunt" includes, but is not limited to, 
operating a vehicle in a manner that causes the vehicle to 
slide or spin, driving within the proximity of a gathering of 
persons, performing maneuvers to demonstrate the performance 
capability of the motor vehicle, or maneuvering the vehicle in 
an attempt to elicit a reaction from a gathering of persons. 
    "Street racing" means:
        (1) The operation of 2 or more vehicles from a point 
    side by side at accelerating speeds in a competitive 
    attempt to outdistance each other; or
        (2) The operation of one or more vehicles over a 
    common selected course, each starting at the same point, 
    for the purpose of comparing the relative speeds or power 
    of acceleration of such vehicle or vehicles within a 
    certain distance or time limit; or
        (3) The use of one or more vehicles in an attempt to 
    outgain or outdistance another vehicle; or
        (4) The use of one or more vehicles to prevent another 
    vehicle from passing; or
        (5) The use of one or more vehicles to arrive at a 
    given destination ahead of another vehicle or vehicles; or
        (6) The use of one or more vehicles to test the 
    physical stamina or endurance of drivers over 
    long-distance driving routes.
    "Street sideshow" means an event in which one or more 
vehicles block or impede traffic on a street or highway, for 
the purpose of performing unauthorized motor vehicle stunts, 
motor vehicle speed contests, or motor vehicle exhibitions of 
speed. 
    (d)  Penalties.
        (1) Any person who is convicted of a violation of 
    subsection (a), (a-5), or (b-5) shall be guilty of a Class 
    A misdemeanor for the first offense and shall be subject 
    to a minimum fine of $250.   Any person convicted of a 
    violation of subsection (a), (a-5), or (b-5) a second or 
    subsequent time shall be guilty of a Class 4 felony and 
    shall be subject to a minimum fine of $500.   The driver's 
    license of any person convicted of subsection (a) shall be 
    revoked in the manner provided by Section 6-205 of this 
    Code.
        (2) Any person who is convicted of a violation of 
    subsection (b) shall be guilty of a Class B misdemeanor.  
    Any person who is convicted of subsection (b) for a second 
    or subsequent time shall be guilty of a Class A 
    misdemeanor.
        (3) Every person convicted of committing a violation 
    of subsection (a) of this Section shall be guilty of 
    aggravated street racing if the person, in committing a 
    violation of subsection (a) was involved in a motor 
    vehicle accident that resulted in great bodily harm or 
    permanent disability or disfigurement to another, where 
    the violation was a proximate cause of the injury.  
    Aggravated street racing is a Class 4 felony for which the 
    defendant, if sentenced to a term of imprisonment shall be 
    sentenced to not less than one year nor more than 12 years.


(Source: P.A. 95-310, eff. 1-1-08.)