State of Illinois
92nd General Assembly
Legislation

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92_HB5246

 
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 1        AN ACT regarding vehicles.

 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
 5    changing 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  or  her interest in a
 9    vehicle, other than by the creation of a  security  interest,
10    at  the  time  of the delivery of the vehicle he or she shall
11    execute to the transferee an assignment and warranty of title
12    in the space provided on the certificate of title, or as  the
13    Secretary  of State prescribes, and cause the certificate and
14    assignment to be mailed or delivered to the transferee or  to
15    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    the  vehicle  have been paid.  The transferee shall be liable
23    only for the taxes he or she incurred while he or she was the
24    actual titleholder of the mobile home.  The county  treasurer
25    shall  refund any amount of taxes paid by the transferee that
26    were imposed in years when the transferee was not the  actual
27    titleholder.   The  provisions of this amendatory Act of 1997
28    (P.A. 90-542) apply retroactively to January 1, 1996.  In  no
29    event  may  the  county  treasurer refund amounts paid by the
30    transferee during any year except the  10  years  immediately
31    preceding the year in which the refund is made.  If the owner
 
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 1    is  a  licensed  dealer  who has purchased the vehicle and is
 2    holding it for resale, in lieu of acquiring  a  certification
 3    from  the county treasurer he shall forward the certification
 4    received from the previous owner to the  next  buyer  of  the
 5    vehicle.   The  owner  shall  cause  the  certification to be
 6    mailed or delivered  to  the  Secretary  of  State  with  the
 7    certificate of title and assignment.
 8        (b)  Except  as provided in Section 3-113, the transferee
 9    shall, promptly and within 20 days after delivery to  him  of
10    the  vehicle  and the assigned title, execute the application
11    for a new certificate of title in the space provided therefor
12    on the certificate or as the Secretary of  State  prescribes,
13    and  cause  the  certificate  and application to be mailed or
14    delivered to the Secretary of State.
15        (c)  Upon  request  of  the  owner   or   transferee,   a
16    lienholder  in  possession of the certificate of title shall,
17    unless the transfer was a breach of his  security  agreement,
18    either deliver the certificate to the transferee for delivery
19    to   the  Secretary  of  State  or,  upon  receipt  from  the
20    transferee  of  the  owner's  assignment,  the   transferee's
21    application  for a new certificate and the required fee, mail
22    or deliver them to the Secretary of State.  The  delivery  of
23    the  certificate does not affect the rights of the lienholder
24    under his security agreement.
25        (d)  If a security interest is reserved or created at the
26    time of the transfer,  the  certificate  of  title  shall  be
27    retained  by  or  delivered  to  the  person  who becomes the
28    lienholder, and the parties shall comply with the  provisions
29    of Section 3-203.
30        (e)  Except  as  provided in Section 3-113 and as between
31    the parties, a transfer by an owner is  not  effective  until
32    the  provisions  of  this Section and Section 3-115 have been
33    complied with; however, an owner who has delivered possession
34    of the vehicle to the transferee and has  complied  with  the
 
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 1    provisions of this Section and Section 3-115 requiring action
 2    by  him  as  not  liable  as owner for any damages thereafter
 3    resulting from operation of the vehicle.
 4        (f)  The  Secretary  of  State  shall  not  process   any
 5    application for a transfer of an interest in a vehicle if any
 6    fees  or  taxes due under this Act from the transferor or the
 7    transferee have not been  paid  upon  reasonable  notice  and
 8    demand.
 9        (g)  If  the  Secretary  of State receives an application
10    for transfer of a vehicle subject to a tax under  the  Mobile
11    Mobil  Home  Local  Services  Tax  Act  in  a  county  with a
12    population of less than 3,000,000, such application  must  be
13    accompanied  by  the  required  certification  by  the county
14    treasurer or tax assessor authorizing  the  issuance  of  the
15    title.
16    (Source:  P.A.  90-212,  eff.  1-1-98;  90-542, eff. 12-1-97;
17    90-655, eff. 7-30-98; revised 2-6-01.)

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