HB2320 96TH GENERAL ASSEMBLY

LRB096 08442 AJT 18559 b

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.

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 Section 3-113 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. If all spaces provided for execution of an assignment on the certificate of title are filled, then the dealer may execute to the transferee an assignment and warranty of title 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. 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.

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

Section 99. Effective date. This Act takes effect upon becoming law.