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90_SB0771eng
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.
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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
22 owed by the owner for the 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
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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
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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.