102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2243

 

Introduced 2/17/2021, by Rep. Jim Durkin

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 5/3-112  from Ch. 95 1/2, par. 3-112

    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

 

HB2243LRB102 12482 RAM 17819 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Vehicle Code is amended by
5changing 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 interest in a vehicle, other
9than by the the creation of a security interest, at the time of
10the delivery of the vehicle he shall execute to the transferee
11an assignment and warranty of title in the space provided on
12the certificate of title, or as the Secretary of State
13prescribes, and cause the certificate and assignment to be
14mailed or delivered to the transferee or to the Secretary of
15State.
16    If the vehicle is subject to a tax under the Mobile Home
17Local Services Tax Act in a county with a population of less
18than 3,000,000, the owner shall also provide to the transferee
19a certification by the treasurer of the county in which the
20vehicle is situated that all taxes imposed upon the vehicle
21for the years the owner was the actual titleholder of the
22vehicle have been paid. The transferee shall be liable only
23for the taxes he or she incurred while he or she was the actual

 

 

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1titleholder of the mobile home. The county treasurer shall
2refund any amount of taxes paid by the transferee that were
3imposed in years when the transferee was not the actual
4titleholder. The provisions of this amendatory Act of 1997
5(P.A. 90-542) apply retroactively to January 1, 1996. In no
6event may the county treasurer refund amounts paid by the
7transferee during any year except the 10 years immediately
8preceding the year in which the refund is made. If the owner is
9a licensed dealer who has purchased the vehicle and is holding
10it for resale, in lieu of acquiring a certification from the
11county treasurer he shall forward the certification received
12from the previous owner to the next buyer of the vehicle. The
13owner shall cause the certification to be mailed or delivered
14to the Secretary of State with the certificate of title and
15assignment.
16    (b) Except as provided in Section 3-113, the transferee
17shall, promptly and within 20 days after delivery to him of the
18vehicle and the assigned title, execute the application for a
19new certificate of title in the space provided therefor on the
20certificate or as the Secretary of State prescribes, and cause
21the certificate and application to be mailed or delivered to
22the Secretary of State.
23    (c) Upon request of the owner or transferee, a lienholder
24in possession of the certificate of title shall, unless the
25transfer was a breach of his security agreement, either
26deliver the certificate to the transferee for delivery to the

 

 

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1Secretary of State or, upon receipt from the transferee of the
2owner's assignment, the transferee's application for a new
3certificate and the required fee, mail or deliver them to the
4Secretary of State. The delivery of the certificate does not
5affect the rights of the lienholder under his security
6agreement.
7    (d) If a security interest is reserved or created at the
8time of the transfer, the certificate of title shall be
9retained by or delivered to the person who becomes the
10lienholder, and the parties shall comply with the provisions
11of Section 3-203.
12    (e) Except as provided in Section 3-113 and as between the
13parties, a transfer by an owner is not effective until the
14provisions of this Section and Section 3-115 have been
15complied with; however, an owner who has delivered possession
16of the vehicle to the transferee and has complied with the
17provisions of this Section and Section 3-115 requiring action
18by him as not liable as owner for any damages thereafter
19resulting from operation of the vehicle.
20    (f) The Secretary of State shall not process any
21application for a transfer of an interest in a vehicle if any
22fees or taxes due under this Act from the transferor or the
23transferee have not been paid upon reasonable notice and
24demand.
25    (g) If the Secretary of State receives an application for
26transfer of a vehicle subject to a tax under the Mobile Home

 

 

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1Local Services Tax Act in a county with a population of less
2than 3,000,000, such application must be accompanied by the
3required certification by the county treasurer or tax assessor
4authorizing the issuance of the title.
5(Source: P.A. 92-651, eff. 7-11-02.)