Public Act 90-0542 of the 90th General Assembly
Public Act 90-0542
SB771 Re-enrolled LRB9003000KDks
AN ACT to amend the Illinois Vehicle Code by changing
Section 3-112.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by
changing Section 3-112 as follows:
(625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
Sec. 3-112. Transfer. (a) If an owner transfers his
interest in a vehicle, other than by the creation of a
security interest, at the time of the delivery of the vehicle
he shall execute to the transferee an assignment and warranty
of title in the space provided on the certificate of title,
or as the Secretary of State prescribes, and cause the
certificate and assignment to be mailed or delivered to the
transferee or to the Secretary of State.
If the vehicle is subject to a tax under the Mobile Home
Local Services Tax Act in a county with a population of less
than 3,000,000, the owner shall also provide to the
transferee a certification by the treasurer of the county in
which the vehicle is situated that all taxes imposed upon the
vehicle for the years the owner was the actual titleholder of
owed by the owner for the vehicle have been paid. The
transferee shall be liable only for the taxes he or she
incurred while he or she was the actual titleholder of the
mobile home. The county treasurer shall refund any amount of
taxes paid by the transferee that were imposed in years when
the transferee was not the actual titleholder. The
provisions of this amendatory Act of 1997 apply retroactively
to January 1, 1996. In no event may the county treasurer
refund amounts paid by the transferee during any year except
the 10 years immediately preceding the year in which the
refund is made. If the owner is a licensed dealer who has
purchased the vehicle and is holding it for resale, in lieu
of acquiring a certification from the county treasurer he
shall forward the certification received from the previous
owner to the next buyer of the vehicle. The owner shall
cause the certification to be mailed or delivered to the
Secretary of State with the certificate of title and
assignment.
(b) Except as provided in Section 3-113, the transferee
shall, promptly and within 5 business days after delivery to
him of the vehicle and the assigned title, execute the
application for a new certificate of title in the space
provided therefor on the certificate or as the Secretary of
State prescribes, and cause the certificate and application
to be mailed or delivered to the Secretary of State.
(c) Upon request of the owner or transferee, a
lienholder in possession of the certificate of title shall,
unless the transfer was a breach of his security agreement,
either deliver the certificate to the transferee for delivery
to the Secretary of State or, upon receipt from the
transferee of the owner's assignment, the transferee's
application for a new certificate and the required fee, mail
or deliver them to the Secretary of State. The delivery of
the certificate does not affect the rights of the lienholder
under his security agreement.
(d) If a security interest is reserved or created at the
time of the transfer, the certificate of title shall be
retained by or delivered to the person who becomes the
lienholder, and the parties shall comply with the provisions
of Section 3-203.
(e) Except as provided in Section 3-113 and as between
the parties, a transfer by an owner is not effective until
the provisions of this Section and Section 3-115 have been
complied with; however, an owner who has delivered possession
of the vehicle to the transferee and has complied with the
provisions of this Section and Section 3-115 requiring action
by him as not liable as owner for any damages thereafter
resulting from operation of the vehicle.
(f) The Secretary of State shall not process any
application for a transfer of an interest in a vehicle if any
fees or taxes due under this Act from the transferor or the
transferee have not been paid upon reasonable notice and
demand.
(g) If the Secretary of State receives an application
for transfer of a vehicle subject to a tax under the Mobil
Home Local Services Tax Act in a county with a population of
less than 3,000,000, such application must be accompanied by
the required certification by the county treasurer or tax
assessor authorizing the issuance of the title.
(Source: P.A. 86-226; 86-460; 86-1028.)
Section 99. Effective date. This Act takes effect upon
becoming law.