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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6214
Introduced 02/06/04, by Tom Cross 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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HB6214 |
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LRB093 15472 DRH 41075 b |
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| AN ACT regarding vehicles.
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| Be it enacted by the People of the State of Illinois, |
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| represented in the General Assembly:
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| Section 5. The Illinois Vehicle Code is amended by changing
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| 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 or her interest in a vehicle, |
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| other than
by the
creation of a security interest, at the time |
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| of the delivery of the vehicle he
or she
shall execute to the |
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| transferee an assignment and warranty of title in the
space |
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| provided on the certificate of title, or as the Secretary of |
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| State
prescribes, and cause the certificate and assignment to |
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| be mailed or
delivered to the transferee or to the Secretary of |
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| State.
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| If the vehicle is subject to a tax under the Mobile Home |
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| Local Services
Tax Act in a county with a population of less |
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| than 3,000,000, the owner
shall also provide to the transferee |
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| a certification by the treasurer of
the county in which the |
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| vehicle is situated that all taxes imposed upon the
vehicle for |
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| the years the owner was the actual titleholder of the vehicle |
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| have
been paid. The transferee shall be liable only for the |
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| taxes he or she
incurred while he or she was the actual |
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| titleholder of the mobile home. The
county treasurer shall |
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| refund any amount of taxes paid by the transferee that
were |
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| imposed in years when the transferee was not the actual |
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| titleholder. The
provisions of this amendatory Act of 1997 |
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| (P.A. 90-542) apply retroactively
to January 1, 1996. In no |
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| event may the county treasurer refund amounts paid
by the |
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| transferee during any year except the 10 years immediately |
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| preceding the
year in which the refund is made. If the owner is |
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| a licensed dealer who has
purchased the vehicle and is holding |
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HB6214 |
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LRB093 15472 DRH 41075 b |
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| it for resale, in lieu of acquiring a
certification from the |
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| county treasurer he shall forward the certification
received |
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| from the previous owner to the next buyer of the vehicle. The |
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| owner
shall cause the certification to be mailed or delivered |
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| to the Secretary of
State with the certificate of title and |
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| assignment.
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| (b) Except as provided in Section 3-113, the transferee |
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| shall, promptly
and within 20 days after delivery to him of the |
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| vehicle and the
assigned title, execute the application for a |
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| new certificate of title in
the space provided therefor on the |
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| certificate or as the Secretary of State
prescribes, and cause |
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| the certificate and application to be mailed or
delivered to |
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| the Secretary of State.
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| (c) Upon request of the owner or transferee, a lienholder |
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| in possession
of the certificate of title shall, unless the |
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| transfer was a breach of his
security agreement, either deliver |
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| the certificate to the transferee for
delivery to the Secretary |
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| of State or, upon receipt from the transferee of
the owner's |
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| 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 |
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| State. The
delivery of the certificate does not affect the |
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| rights of the lienholder
under his security agreement.
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| (d) If a security interest is reserved or created at the |
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| time of the
transfer, the certificate of title shall be |
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| retained by or delivered to the
person who becomes the |
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| lienholder, and the parties shall comply with the
provisions of |
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| Section 3-203.
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| (e) Except as provided in Section 3-113 and as between the |
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| parties, a
transfer by an owner is not effective until the |
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| provisions of this Section
and Section 3-115 have been complied |
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| with; however, an owner who has
delivered possession of the |
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| vehicle to the transferee and has complied with
the provisions |
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| 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 |
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| operation of
the vehicle.
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| (f) The Secretary of State shall not process any |
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HB6214 |
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LRB093 15472 DRH 41075 b |
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| application for a
transfer of an interest in a vehicle if any |
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| fees or taxes due under this
Act from the transferor or the |
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| transferee have not been paid upon
reasonable notice and |
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| demand.
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| (g) If the Secretary of State receives an application for |
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| transfer of
a vehicle subject to a tax under the Mobile Home |
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| Local Services
Tax Act in
a county with a population of less |
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| than 3,000,000, such application must
be accompanied by the |
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| required certification by the county treasurer
or tax assessor |
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| authorizing the issuance of the title.
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| (Source: P.A. 92-651, eff. 7-11-02.)
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