SB1828 98TH GENERAL ASSEMBLY

LRB098 07671 MLW 37744 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1828

Introduced 2/15/2013, by Sen. Emil Jones, III

SYNOPSIS AS INTRODUCED:

625 ILCS 5/3-113	from Ch. 95 1/2, par. 3-113
625 ILCS 5/5-803

Amends the Illinois Vehicle Code. Allows the Secretary of State to impose a delinquent vehicle dealer transfer fee on vehicle dealers if the certificate of title is received by the Secretary from the dealer 30 days or more after the date of sale. The amount of the fee is $20 if received 30 days but less than 60 days after the sale, $35 if received 60 days but less than 90 days after the sale, $65 if received 90 days but less than 120 days after the sale, and $100 if received 120 days or more after the sale. Allows a Secretary of State Police investigator to issue administrative citations to new or used vehicle dealers, or any other entity licensed by the Secretary under the Illinois Vehicle Code, for violations of any provision of the Illinois Vehicle Code or violations of any administrative rule adopted by the Secretary under the Illinois Vehicle Code. Effective January 1, 2014.

A BILL FOR

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 changing Sections 3-113 and 5-803 as follows:

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

Sec. 3-113. Transfer to or from dealer; records.

(a) After a dealer buys a vehicle and holds it for resale, the dealer must procure the certificate of title from the owner or the lienholder. The dealer may hold the certificate until he or she transfers the vehicle to another person. Upon transferring the vehicle to another person, the dealer shall promptly and within 20 days execute the assignment and warranty of title by a dealer, showing the names and addresses of the transferee and of any lienholder holding a security interest created or reserved at the time of the resale, in the spaces provided therefor on the certificate or as the Secretary of State prescribes, and mail or deliver the certificate to the Secretary of State with the transferee's application for a new certificate, except as provided in Section 3-117.2. A dealer has complied with this Section if the date of the mailing of the certificate, as indicated by the postmark, is within 20 days of the date on which the vehicle was transferred to another person.

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

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

(d) Beginning January 1, 2014, the Secretary of State is authorized to impose a delinquent vehicle dealer transfer fee of $20 if the certificate of title is received by the Secretary from the dealer 30 days but less than 60 days after the date of sale. If the certificate of title is received by the Secretary from the dealer 60 days but less than 90 days after the date of sale, the delinquent dealer transfer fee shall be $35. If the certificate of title is received by the Secretary from the dealer 90 days but less than 120 days after the date of sale, the delinquent vehicle dealer transfer fee shall be $65. If the certificate of title is received by the Secretary from the dealer 120 days or more after the date of the sale, the delinquent vehicle dealer transfer fee shall be $100.

(Source: P.A. 94-239, eff. 1-1-06; 95-284, eff. 1-1-08.)

(625 ILCS 5/5-803)

Sec. 5-803. Administrative penalties. Instead of filing a criminal complaint against a new or used vehicle dealer, or against any other entity licensed by the Secretary under this Code, a Secretary of State Police investigator may issue administrative citations for violations of any of the provisions of this Code Chapter or any administrative rule adopted by the Secretary under this Code Chapter. A party receiving a citation shall have the right to contest the citation in proceedings before the Secretary of State Department of Administrative Hearings. Penalties imposed by issuance of an administrative citation shall not exceed $50 per violation. A penalty may not be imposed unless, during the course of a single investigation or upon review of the party's records, the party is found to have committed at least 3 separate violations of one or more of the provisions of this Code or any administrative rule adopted by the Secretary under this Code. Penalties paid as a result of the issuance of administrative citations shall be deposited in the Secretary of State Police Services Fund.

(Source: P.A. 97-838, eff. 7-20-12.)

Section 99. Effective date. This Act takes effect January 1, 2014.