96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2320

 

Introduced 2/18/2009, by Rep. Rich Brauer

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-113   from Ch. 95 1/2, par. 3-113

    Amends the Illinois Vehicle Code to provide that if all spaces provided for execution of an assignment on a certificate of title of a motor vehicle are filled, a dealer may execute an assignment and warranty of title to a buyer by attaching an affidavit, which must be sworn to by the dealer and contain all necessary information to complete the assignment, to the filled title and mailing the documents to the Secretary of State with the transferee's application for a new certificate. Effective immediately.


LRB096 08442 AJT 18559 b

 

 

A BILL FOR

 

HB2320 LRB096 08442 AJT 18559 b

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 changing
5 Section 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,
9 the dealer must procure the certificate of title from the owner
10 or the lienholder. The dealer may hold the certificate until he
11 or she transfers the vehicle to another person. Upon
12 transferring the vehicle to another person, the dealer shall
13 promptly and within 20 days execute the assignment and warranty
14 of title by a dealer, showing the names and addresses of the
15 transferee and of any lienholder holding a security interest
16 created or reserved at the time of the resale, in the spaces
17 provided therefor on the certificate or as the Secretary of
18 State prescribes, and mail or deliver the certificate to the
19 Secretary of State with the transferee's application for a new
20 certificate, except as provided in Section 3-117.2. If all
21 spaces provided for execution of an assignment on the
22 certificate of title are filled, then the dealer may execute to
23 the transferee an assignment and warranty of title by attaching

 

 

HB2320 - 2 - LRB096 08442 AJT 18559 b

1 an affidavit, which must be sworn to by the dealer and contain
2 all necessary information to complete the assignment, to the
3 filled title and mailing the documents to the Secretary of
4 State with the transferee's application for a new certificate.
5 A dealer has complied with this Section if the date of the
6 mailing of the certificate, as indicated by the postmark, is
7 within 20 days of the date on which the vehicle was transferred
8 to another person.
9     (b) The Secretary of State may decline to process any
10 application for a transfer of an interest in a vehicle if any
11 fees or taxes due under this Code from the transferor or the
12 transferee have not been paid upon reasonable notice and
13 demand.
14     (c) Any person who violates this Section shall be guilty of
15 a petty offense.
16 (Source: P.A. 94-239, eff. 1-1-06; 95-284, eff. 1-1-08.)
 
17     Section 99. Effective date. This Act takes effect upon
18 becoming law.