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