99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB0351
 
Introduced , by Rep. Tom Demmer
 
SYNOPSIS AS INTRODUCED:
 

 
625 ILCS 5/3-113  from Ch. 95 1/2, par. 3-113

     Amends the Illinois Vehicle Code. Provides that before imposing a delinquent vehicle dealer transfer fee, the Secretary of State must confirm that the vehicle dealer has been notified by certified mail that he or she will be subject to a delinquent vehicle dealer transfer fee if the certificate of title is not received by the Secretary within a given time period.
  


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A BILL FOR
 

  
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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 3-113 as follows:
 
6    (625 ILCS 5/3-113)  (from Ch. 95 1/2, par. 3-113)
7    Sec. 3-113. Transfer to or from dealer; records.

8    (a) After a dealer buys a vehicle and holds it for resale, 
9the
dealer must procure the
certificate of title from the owner 
10or the lienholder.  The dealer may hold
the certificate until he 
11or she transfers the vehicle to another person.

Upon 
12transferring the vehicle to another person,
the dealer shall 
13promptly and within 20
days
execute the assignment and warranty 
14of title by a dealer, showing the names and
addresses of the 
15transferee and of any lienholder holding a security interest

16created or reserved at the time of the resale, in the spaces 
17provided therefor
on the certificate or as the Secretary of 
18State prescribes, and mail or deliver
the certificate to the 
19Secretary of State with the transferee's application for
a new 
20certificate, except as provided in Section 3-117.2.
A dealer 
21has complied with this Section if the date of the mailing of 
22the certificate, as indicated by the postmark, is within 20 
23days of the date on which the vehicle was transferred to 
 
 
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1another person.


2    (b) The Secretary of State may decline to process any 
3application for a
transfer of an interest in a vehicle if any 
4fees or taxes due under this
Code from the transferor or the 
5transferee have not been paid upon
reasonable notice and 
6demand.


7    (c) Any person who violates this Section shall be guilty of 
8a petty offense.


9    (d) Beginning January 1, 2014, the Secretary of State is 
10authorized to impose a delinquent vehicle dealer transfer fee 
11of $20 if the certificate of title is received by the Secretary 
12from the dealer 30 days but less than 60 days after the date of 
13sale.  If the certificate of title is received by the Secretary 
14from the dealer 60 days but less than 90 days after the date of 
15sale, the delinquent dealer transfer fee shall be $35. If the 
16certificate of title is received by the Secretary from the 
17dealer 90 days but less than 120 days after the date of sale, 
18the delinquent vehicle dealer transfer fee shall be $65. If the 
19certificate of title is received by the Secretary from the 
20dealer 120 days or more after the date of the sale, the 
21delinquent vehicle dealer transfer fee shall be $100. Before 
22imposing a delinquent vehicle dealer transfer fee, the 
23Secretary must confirm that the vehicle dealer has been 
24notified by certified mail that he or she will be subject to a 
25delinquent vehicle dealer transfer fee if the certificate of 
26title is not received by the Secretary within the periods of 
 
 
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1time described under this subsection. All monies collected 
2under this subsection shall be deposited into the 
3CDLIS/AAMVAnet/NMVTIS Trust Fund. 
4(Source: P.A. 98-177, eff. 1-1-14.)