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91_HB1692
LRB9104683DHmg
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 owed by the
21 owner for the vehicle have been paid. If the owner is a
22 licensed dealer who has purchased the vehicle and is holding
23 it for resale, in lieu of acquiring a certification from the
24 county treasurer he shall forward the certification received
25 from the previous owner to the next buyer of the vehicle.
26 The owner shall cause the certification to be mailed or
27 delivered to the Secretary of State with the certificate of
28 title and assignment. Upon approval of the county board,
29 the treasurer of the county in which the vehicle is situated
30 shall charge a $5 fee for the certification required under
31 this paragraph. All funds collected under this paragraph
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1 shall be deposited into the Tax Sale Automation Fund created
2 in Section 21-245 of the Property Tax Code.
3 (b) Except as provided in Section 3-113, the transferee
4 shall, promptly and within 5 business days after delivery to
5 him of the vehicle and the assigned title, execute the
6 application for a new certificate of title in the space
7 provided therefor on the certificate or as the Secretary of
8 State prescribes, and cause the certificate and application
9 to be mailed or delivered to the Secretary of State.
10 (c) Upon request of the owner or transferee, a
11 lienholder in possession of the certificate of title shall,
12 unless the transfer was a breach of his security agreement,
13 either deliver the certificate to the transferee for delivery
14 to the Secretary of State or, upon receipt from the
15 transferee of the owner's assignment, the transferee's
16 application for a new certificate and the required fee, mail
17 or deliver them to the Secretary of State. The delivery of
18 the certificate does not affect the rights of the lienholder
19 under his security agreement.
20 (d) If a security interest is reserved or created at the
21 time of the transfer, the certificate of title shall be
22 retained by or delivered to the person who becomes the
23 lienholder, and the parties shall comply with the provisions
24 of Section 3-203.
25 (e) Except as provided in Section 3-113 and as between
26 the parties, a transfer by an owner is not effective until
27 the provisions of this Section and Section 3-115 have been
28 complied with; however, an owner who has delivered possession
29 of the vehicle to the transferee and has complied with the
30 provisions of this Section and Section 3-115 requiring action
31 by him as not liable as owner for any damages thereafter
32 resulting from operation of the vehicle.
33 (f) The Secretary of State shall not process any
34 application for a transfer of an interest in a vehicle if any
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1 fees or taxes due under this Act from the transferor or the
2 transferee have not been paid upon reasonable notice and
3 demand.
4 (g) If the Secretary of State receives an application
5 for transfer of a vehicle subject to a tax under the Mobil
6 Home Local Services Tax Act in a county with a population of
7 less than 3,000,000, such application must be accompanied by
8 the required certification by the county treasurer or tax
9 assessor authorizing the issuance of the title. 1tf (Source:
10 P.A. 86-226; 86-460; 86-1028.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.