97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0886

 

Introduced 01/31/11, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-112  from Ch. 95 1/2, par. 3-112

    Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning transfer of an owner's interest in a vehicle.


LRB097 03715 HEP 43752 b

 

 

A BILL FOR

 

HB0886LRB097 03715 HEP 43752 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 changing
5Section 3-112 as follows:
 
6    (625 ILCS 5/3-112)  (from Ch. 95 1/2, par. 3-112)
7    Sec. 3-112. Transfer.
8    (a) If an owner transfers his interest in a vehicle, other
9than by the the creation of a security interest, at the time of
10the delivery of the vehicle he shall execute to the transferee
11an assignment and warranty of title in the space provided on
12the certificate of title, or as the Secretary of State
13prescribes, and cause the certificate and assignment to be
14mailed or delivered to the transferee or to the Secretary of
15State.
16    If the vehicle is subject to a tax under the Mobile Home
17Local Services Tax Act in a county with a population of less
18than 3,000,000, the owner shall also provide to the transferee
19a certification by the treasurer of the county in which the
20vehicle is situated that all taxes imposed upon the vehicle for
21the years the owner was the actual titleholder of the vehicle
22have been paid. The transferee shall be liable only for the
23taxes he or she incurred while he or she was the actual

 

 

HB0886- 2 -LRB097 03715 HEP 43752 b

1titleholder of the mobile home. The county treasurer shall
2refund any amount of taxes paid by the transferee that were
3imposed in years when the transferee was not the actual
4titleholder. The provisions of this amendatory Act of 1997
5(P.A. 90-542) apply retroactively to January 1, 1996. In no
6event may the county treasurer refund amounts paid by the
7transferee during any year except the 10 years immediately
8preceding the year in which the refund is made. If the owner is
9a licensed dealer who has purchased the vehicle and is holding
10it for resale, in lieu of acquiring a certification from the
11county treasurer he shall forward the certification received
12from the previous owner to the next buyer of the vehicle. The
13owner shall cause the certification to be mailed or delivered
14to the Secretary of State with the certificate of title and
15assignment.
16    (b) Except as provided in Section 3-113, the transferee
17shall, promptly and within 20 days after delivery to him of the
18vehicle and the assigned title, execute the application for a
19new certificate of title in the space provided therefor on the
20certificate or as the Secretary of State prescribes, and cause
21the certificate and application to be mailed or delivered to
22the Secretary of State.
23    (c) Upon request of the owner or transferee, a lienholder
24in possession of the certificate of title shall, unless the
25transfer was a breach of his security agreement, either deliver
26the certificate to the transferee for delivery to the Secretary

 

 

HB0886- 3 -LRB097 03715 HEP 43752 b

1of State or, upon receipt from the transferee of the owner's
2assignment, the transferee's application for a new certificate
3and the required fee, mail or deliver them to the Secretary of
4State. The delivery of the certificate does not affect the
5rights of the lienholder under his security agreement.
6    (d) If a security interest is reserved or created at the
7time of the transfer, the certificate of title shall be
8retained by or delivered to the person who becomes the
9lienholder, and the parties shall comply with the provisions of
10Section 3-203.
11    (e) Except as provided in Section 3-113 and as between the
12parties, a transfer by an owner is not effective until the
13provisions of this Section and Section 3-115 have been complied
14with; however, an owner who has delivered possession of the
15vehicle to the transferee and has complied with the provisions
16of this Section and Section 3-115 requiring action by him as
17not liable as owner for any damages thereafter resulting from
18operation of the vehicle.
19    (f) The Secretary of State shall not process any
20application for a transfer of an interest in a vehicle if any
21fees or taxes due under this Act from the transferor or the
22transferee have not been paid upon reasonable notice and
23demand.
24    (g) If the Secretary of State receives an application for
25transfer of a vehicle subject to a tax under the Mobile Home
26Local Services Tax Act in a county with a population of less

 

 

HB0886- 4 -LRB097 03715 HEP 43752 b

1than 3,000,000, such application must be accompanied by the
2required certification by the county treasurer or tax assessor
3authorizing the issuance of the title.
4(Source: P.A. 92-651, eff. 7-11-02.)