Sen. David Koehler

Filed: 2/22/2022

 

 


 

 


 
10200SB3609sam003LRB102 25403 LNS 36709 a

1
AMENDMENT TO SENATE BILL 3609

2    AMENDMENT NO. ______. Amend Senate Bill 3609, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Vehicle Code is amended by
6changing Section 3-113 and by adding Section 3-806.10 as
7follows:
 
8    (625 ILCS 5/3-113)  (from Ch. 95 1/2, par. 3-113)
9    Sec. 3-113. Transfer to or from dealer; records.
10    (a) After a dealer buys a vehicle and holds it for resale,
11the dealer must procure the certificate of title from the
12owner or the lienholder. The dealer may hold the certificate
13until he or she transfers the vehicle to another person. Upon
14transferring the vehicle to another person, the dealer shall
15promptly and within 20 days execute the assignment and
16warranty of title by a dealer, showing the names and addresses

 

 

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1of the transferee and of any lienholder holding a security
2interest created or reserved at the time of the resale, in the
3spaces provided therefor on the certificate or as the
4Secretary of State prescribes, and mail or deliver the
5certificate to the Secretary of State with the transferee's
6application for a new certificate, except as provided in
7Section 3-117.2. A dealer has complied with this Section if
8the date of the mailing of the certificate, as indicated by the
9postmark, is within 20 days of the date on which the vehicle
10was transferred to another person.
11    (b) The Secretary of State may decline to process any
12application for a transfer of an interest in a vehicle if any
13fees or taxes due under this Code from the transferor or the
14transferee have not been paid upon reasonable notice and
15demand.
16    (c) Any person who violates this Section shall be guilty
17of a petty offense.
18    (d) Beginning January 1, 2014 and continuing until 90 days
19after the effective date of this amendatory Act of the 102nd
20General Assembly, the Secretary of State is authorized to
21impose a delinquent vehicle dealer transfer fee of $20 if the
22certificate of title is received by the Secretary from the
23dealer 30 days but less than 60 days after the date of sale;
24however, if . If the certificate of title is received by the
25Secretary from the dealer 60 days but less than 90 days after
26the date of sale, the delinquent dealer transfer fee shall be

 

 

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1$35. Beginning 90 days after the effective date of this
2amendatory Act of the 102nd General Assembly, the Secretary of
3State is authorized to impose a delinquent vehicle dealer
4transfer fee of $10 if the certificate of title is received by
5the Secretary from the dealer more than 45 days but less than
660 days after the date of sale; however, if the certificate of
7title is received by the Secretary from the dealer 60 or more
8days but less than 90 days after the date of sale, the
9delinquent dealer transfer fee shall be $20. If the
10certificate of title is received by the Secretary from the
11dealer 90 or more days but less than 120 days after the date of
12sale, the delinquent vehicle dealer transfer fee shall be $65.
13If the certificate of title is received by the Secretary from
14the dealer 120 days or more after the date of the sale, the
15delinquent vehicle dealer transfer fee shall be $100. All
16monies collected under this subsection shall be deposited into
17the CDLIS/AAMVAnet/NMVTIS Trust Fund.
18    (e) Beginning January 1, 2022, the Secretary of State is
19authorized to issue a certificate of title in the name of the
20dealership to a licensed dealer under Chapter 5 for $20 if the
21surrendered certificate of title has no space to assign the
22certificate of title again.
23    (f) Any licensee under Chapter 5 who sells, transfers, or
24wholesales a vehicle out of State shall mail the certificate
25of title to the physical business address in the requisite
26jurisdiction in lieu of transferring title at the time of

 

 

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1sale.
2(Source: P.A. 102-154, eff. 1-1-22.)
 
3    (625 ILCS 5/3-806.10 new)
4    Sec. 3-806.10. Vehicles manufactured in Illinois. Upon
5payment of the title fee for a first division passenger
6vehicle other than an autocycle, motor driven cycle, or
7pedalcycle or for a second division vehicle weighing 8,000
8pounds or less, the buyer or owner of the vehicle may apply for
9a rebate in the amount of $25 on a form prescribed by the
10Secretary of State if the vehicle is manufactured in this
11State and the application for title is made no more than one
12year after the month in which the vehicle was manufactured.
13Each qualifying vehicle shall be eligible for one rebate of
14$25 for the lifetime of the qualifying vehicle. The Secretary
15of State shall adopt administrative rules to administer this
16Section that include the information necessary for the rebate
17application.".