Full Text of HB1702 99th General Assembly
HB1702 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB1702 Introduced , by Rep. Jim Durkin SYNOPSIS AS INTRODUCED: | | 625 ILCS 5/3-112 | from Ch. 95 1/2, par. 3-112 |
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Amends the Illinois Vehicle Code. Makes a technical change in a Section
concerning transfer of an owner's interest in a vehicle.
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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, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Section 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 | 9 | | than by the
the
creation of a security interest, at the time of | 10 | | the delivery of the vehicle he
shall execute to the transferee | 11 | | an assignment and warranty of title in the
space provided on | 12 | | the certificate of title, or as the Secretary of State
| 13 | | prescribes, and cause the certificate and assignment to be | 14 | | mailed or
delivered to the transferee or to the Secretary of | 15 | | State. | 16 | | If the vehicle is subject to a tax under the Mobile Home | 17 | | Local Services
Tax Act in a county with a population of less | 18 | | than 3,000,000, the owner
shall also provide to the transferee | 19 | | a certification by the treasurer of
the county in which the | 20 | | vehicle is situated that all taxes imposed upon the
vehicle for | 21 | | the years the owner was the actual titleholder of the vehicle | 22 | | have
been paid. The transferee shall be liable only for the | 23 | | taxes he or she
incurred while he or she was the actual |
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| 1 | | titleholder of the mobile home. The
county treasurer shall | 2 | | refund any amount of taxes paid by the transferee that
were | 3 | | imposed in years when the transferee was not the actual | 4 | | titleholder. The
provisions of this amendatory Act of 1997 | 5 | | (P.A. 90-542) apply retroactively
to January 1, 1996. In no | 6 | | event may the county treasurer refund amounts paid
by the | 7 | | transferee during any year except the 10 years immediately | 8 | | preceding the
year in which the refund is made. If the owner is | 9 | | a licensed dealer who has
purchased the vehicle and is holding | 10 | | it for resale, in lieu of acquiring a
certification from the | 11 | | county treasurer he shall forward the certification
received | 12 | | from the previous owner to the next buyer of the vehicle. The | 13 | | owner
shall cause the certification to be mailed or delivered | 14 | | to the Secretary of
State with the certificate of title and | 15 | | assignment.
| 16 | | (b) Except as provided in Section 3-113, the transferee | 17 | | shall, promptly
and within 20 days after delivery to him of the | 18 | | vehicle and the
assigned title, execute the application for a | 19 | | new certificate of title in
the space provided therefor on the | 20 | | certificate or as the Secretary of State
prescribes, and cause | 21 | | the certificate and application to be mailed or
delivered to | 22 | | the Secretary of State.
| 23 | | (c) Upon request of the owner or transferee, a lienholder | 24 | | in possession
of the certificate of title shall, unless the | 25 | | transfer was a breach of his
security agreement, either deliver | 26 | | the certificate to the transferee for
delivery to the Secretary |
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| 1 | | of State or, upon receipt from the transferee of
the owner's | 2 | | assignment, the transferee's application for a new certificate
| 3 | | and the required fee, mail or deliver them to the Secretary of | 4 | | State. The
delivery of the certificate does not affect the | 5 | | rights of the lienholder
under his security agreement.
| 6 | | (d) If a security interest is reserved or created at the | 7 | | time of the
transfer, the certificate of title shall be | 8 | | retained by or delivered to the
person who becomes the | 9 | | lienholder, and the parties shall comply with the
provisions of | 10 | | Section 3-203.
| 11 | | (e) Except as provided in Section 3-113 and as between the | 12 | | parties, a
transfer by an owner is not effective until the | 13 | | provisions of this Section
and Section 3-115 have been complied | 14 | | with; however, an owner who has
delivered possession of the | 15 | | vehicle to the transferee and has complied with
the provisions | 16 | | of this Section and Section 3-115 requiring action by him as
| 17 | | not liable as owner for any damages thereafter resulting from | 18 | | operation of
the vehicle.
| 19 | | (f) The Secretary of State shall not process any | 20 | | application for a
transfer of an interest in a vehicle if any | 21 | | fees or taxes due under this
Act from the transferor or the | 22 | | transferee have not been paid upon
reasonable notice and | 23 | | demand.
| 24 | | (g) If the Secretary of State receives an application for | 25 | | transfer of
a vehicle subject to a tax under the Mobile Home | 26 | | Local Services
Tax Act in
a county with a population of less |
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| 1 | | than 3,000,000, such application must
be accompanied by the | 2 | | required certification by the county treasurer
or tax assessor | 3 | | authorizing the issuance of the title.
| 4 | | (Source: P.A. 92-651, eff. 7-11-02.)
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