Full Text of SB0995 95th General Assembly
SB0995 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SB0995
Introduced 2/8/2007, by Sen. Antonio Munoz - Emil Jones, Jr. SYNOPSIS AS INTRODUCED: |
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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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SB0995 |
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LRB095 05851 LCT 25942 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing | 5 |
| Section 3-112 as follows:
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| (625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
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| Sec. 3-112. Transfer.
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| (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
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| 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 |
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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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LRB095 05851 LCT 25942 b |
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| 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.
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| (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.
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| (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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LRB095 05851 LCT 25942 b |
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| of State or, upon receipt from the transferee of
the owner's | 2 |
| assignment, the transferee's application for a new certificate
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| 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.
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| (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.
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| (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
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| not liable as owner for any damages thereafter resulting from | 18 |
| operation of
the vehicle.
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| (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.
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| (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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LRB095 05851 LCT 25942 b |
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| 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.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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