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90_SB0771 625 ILCS 5/3-112 from Ch. 95 1/2, par. 3-112 Amends the Illinois Vehicle Code. Provides that, for purposes of the Mobile Home Local Services Tax Act, the owner shall provide the transferee a certification that all taxes imposed upon the vehicle for the years the owner was the actual titleholder of the vehicle have been paid (now certification that the taxes owed by the owner have been paid). Provides that the transferee shall be liable only for the taxes he or she incurred while he or she was the actual titleholder. Provides that the county treasurer shall refund any taxes paid by the transferee that were imposed in years when the transferee was not the actual titleholder. Provides that these amendatory provisions shall apply retroactively to January 1, 1996. Effective immediately. LRB9003000KDks LRB9003000KDks 1 AN ACT to amend the Illinois Vehicle Code by changing 2 Section 3-112. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Illinois Vehicle Code is amended by 6 changing Section 3-112 as follows: 7 (625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112) 8 Sec. 3-112. Transfer. (a) If an owner transfers his 9 interest in a vehicle, other than by the creation of a 10 security interest, at the time of the delivery of the vehicle 11 he shall execute to the transferee an assignment and warranty 12 of title in the space provided on the certificate of title, 13 or as the Secretary of State prescribes, and cause the 14 certificate and assignment to be mailed or delivered to the 15 transferee or to the Secretary of 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 19 transferee a certification by the treasurer of the county in 20 which the vehicle is situated that all taxes imposed upon the 21 vehicle for the years the owner was the actual titleholder of 22owed by the owner forthe vehicle have been paid. The 23 transferee shall be liable only for the taxes he or she 24 incurred while he or she was the actual titleholder of the 25 mobile home. The county treasurer shall refund any amount of 26 taxes paid by the transferee that were imposed in years when 27 the transferee was not the actual titleholder. The 28 provisions of this amendatory Act of 1997 apply retroactively 29 to January 1, 1996. If the owner is a licensed dealer who has 30 purchased the vehicle and is holding it for resale, in lieu 31 of acquiring a certification from the county treasurer he -2- LRB9003000KDks 1 shall forward the certification received from the previous 2 owner to the next buyer of the vehicle. The owner shall 3 cause the certification to be mailed or delivered to the 4 Secretary of State with the certificate of title and 5 assignment. 6 (b) Except as provided in Section 3-113, the transferee 7 shall, promptly and within 5 business days after delivery to 8 him of the vehicle and the assigned title, execute the 9 application for a new certificate of title in the space 10 provided therefor on the certificate or as the Secretary of 11 State prescribes, and cause the certificate and application 12 to be mailed or delivered to the Secretary of State. 13 (c) Upon request of the owner or transferee, a 14 lienholder in possession of the certificate of title shall, 15 unless the transfer was a breach of his security agreement, 16 either deliver the certificate to the transferee for delivery 17 to the Secretary of State or, upon receipt from the 18 transferee of the owner's assignment, the transferee's 19 application for a new certificate and the required fee, mail 20 or deliver them to the Secretary of State. The delivery of 21 the certificate does not affect the rights of the lienholder 22 under his security agreement. 23 (d) If a security interest is reserved or created at the 24 time of the transfer, the certificate of title shall be 25 retained by or delivered to the person who becomes the 26 lienholder, and the parties shall comply with the provisions 27 of Section 3-203. 28 (e) Except as provided in Section 3-113 and as between 29 the parties, a transfer by an owner is not effective until 30 the provisions of this Section and Section 3-115 have been 31 complied with; however, an owner who has delivered possession 32 of the vehicle to the transferee and has complied with the 33 provisions of this Section and Section 3-115 requiring action 34 by him as not liable as owner for any damages thereafter -3- LRB9003000KDks 1 resulting from operation of the vehicle. 2 (f) The Secretary of State shall not process any 3 application for a transfer of an interest in a vehicle if any 4 fees or taxes due under this Act from the transferor or the 5 transferee have not been paid upon reasonable notice and 6 demand. 7 (g) If the Secretary of State receives an application 8 for transfer of a vehicle subject to a tax under the Mobil 9 Home Local Services Tax Act in a county with a population of 10 less than 3,000,000, such application must be accompanied by 11 the required certification by the county treasurer or tax 12 assessor authorizing the issuance of the title. 13 (Source: P.A. 86-226; 86-460; 86-1028.) 14 Section 99. Effective date. This Act takes effect upon 15 becoming law.