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| 1 | AN ACT concerning transportation.
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| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly:
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| 4 | Section 5. The Illinois Vehicle Code is amended by | |||||||||||||||||||
| 5 | changing Section 3-112 as follows:
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| 6 | (625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
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| 7 | Sec. 3-112. Transfer.
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| 8 | (a) If an owner transfers his interest in a vehicle, other | |||||||||||||||||||
| 9 | than by the
the
creation of a security interest, at the time of | |||||||||||||||||||
| 10 | the delivery of the vehicle he
shall execute to the transferee | |||||||||||||||||||
| 11 | an assignment and warranty of title in the
space provided on | |||||||||||||||||||
| 12 | the certificate of title, or as the Secretary of State
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| 13 | prescribes, and cause the certificate and assignment to be | |||||||||||||||||||
| 14 | mailed or
delivered to the transferee or to the Secretary of | |||||||||||||||||||
| 15 | 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 transferee | |||||||||||||||||||
| 19 | a certification by the treasurer of
the county in which the | |||||||||||||||||||
| 20 | vehicle is situated that all taxes imposed upon the
vehicle | |||||||||||||||||||
| 21 | for the years the owner was the actual titleholder of the | |||||||||||||||||||
| 22 | vehicle have
been paid. The transferee shall be liable only | |||||||||||||||||||
| 23 | for the taxes he or she
incurred while he or she was the actual | |||||||||||||||||||
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| 1 | titleholder of the mobile home. The
county treasurer shall | ||||||
| 2 | refund any amount of taxes paid by the transferee that
were | ||||||
| 3 | imposed in years when the transferee was not the actual | ||||||
| 4 | titleholder. The
provisions of this amendatory Act of 1997 | ||||||
| 5 | (P.A. 90-542) apply retroactively
to January 1, 1996. In no | ||||||
| 6 | event may the county treasurer refund amounts paid
by the | ||||||
| 7 | transferee during any year except the 10 years immediately | ||||||
| 8 | preceding the
year in which the refund is made. If the owner is | ||||||
| 9 | a licensed dealer who has
purchased the vehicle and is holding | ||||||
| 10 | it for resale, in lieu of acquiring a
certification from the | ||||||
| 11 | county treasurer he shall forward the certification
received | ||||||
| 12 | from the previous owner to the next buyer of the vehicle. The | ||||||
| 13 | owner
shall cause the certification to be mailed or delivered | ||||||
| 14 | to the Secretary of
State with the certificate of title and | ||||||
| 15 | assignment.
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| 16 | (b) Except as provided in Section 3-113, the transferee | ||||||
| 17 | shall, promptly
and within 20 days after delivery to him of the | ||||||
| 18 | vehicle and the
assigned title, execute the application for a | ||||||
| 19 | new certificate of title in
the space provided therefor on the | ||||||
| 20 | certificate or as the Secretary of State
prescribes, and cause | ||||||
| 21 | the certificate and application to be mailed or
delivered to | ||||||
| 22 | the Secretary of State.
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| 23 | (c) Upon request of the owner or transferee, a lienholder | ||||||
| 24 | in possession
of the certificate of title shall, unless the | ||||||
| 25 | transfer was a breach of his
security agreement, either | ||||||
| 26 | deliver the certificate to the transferee for
delivery to the | ||||||
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| 1 | Secretary of State or, upon receipt from the transferee of
the | ||||||
| 2 | owner's assignment, the transferee's application for a new | ||||||
| 3 | certificate
and the required fee, mail or deliver them to the | ||||||
| 4 | Secretary of State. The
delivery of the certificate does not | ||||||
| 5 | affect the rights of the lienholder
under his security | ||||||
| 6 | agreement.
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| 7 | (d) If a security interest is reserved or created at the | ||||||
| 8 | time of the
transfer, the certificate of title shall be | ||||||
| 9 | retained by or delivered to the
person who becomes the | ||||||
| 10 | lienholder, and the parties shall comply with the
provisions | ||||||
| 11 | of Section 3-203.
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| 12 | (e) Except as provided in Section 3-113 and as between the | ||||||
| 13 | parties, a
transfer by an owner is not effective until the | ||||||
| 14 | provisions of this Section
and Section 3-115 have been | ||||||
| 15 | complied with; however, an owner who has
delivered possession | ||||||
| 16 | of the vehicle to the transferee and has complied with
the | ||||||
| 17 | provisions of this Section and Section 3-115 requiring action | ||||||
| 18 | by him as
not liable as owner for any damages thereafter | ||||||
| 19 | resulting from operation of
the vehicle.
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| 20 | (f) The Secretary of State shall not process any | ||||||
| 21 | application for a
transfer of an interest in a vehicle if any | ||||||
| 22 | fees or taxes due under this
Act from the transferor or the | ||||||
| 23 | transferee have not been paid upon
reasonable notice and | ||||||
| 24 | demand.
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| 25 | (g) If the Secretary of State receives an application for | ||||||
| 26 | transfer of
a vehicle subject to a tax under the Mobile Home | ||||||
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| 1 | Local Services
Tax Act in
a county with a population of less | ||||||
| 2 | than 3,000,000, such application must
be accompanied by the | ||||||
| 3 | required certification by the county treasurer
or tax assessor | ||||||
| 4 | authorizing the issuance of the title.
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| 5 | (Source: P.A. 92-651, eff. 7-11-02.)
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