Full Text of SB1828 98th General Assembly
SB1828 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1828 Introduced 2/15/2013, by Sen. Emil Jones, III SYNOPSIS AS INTRODUCED: |
| 625 ILCS 5/3-113 | from Ch. 95 1/2, par. 3-113 | 625 ILCS 5/5-803 | |
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Amends the Illinois Vehicle Code. Allows the Secretary of State to impose a delinquent vehicle dealer transfer fee on vehicle dealers if the certificate of title is received by the Secretary from the dealer 30 days or more after the date of sale. The amount of the fee is $20 if received 30 days but less than 60 days after the sale, $35 if received 60 days but less than 90 days after the sale, $65 if received 90 days but less than 120 days after the sale, and $100 if received 120 days or more after the sale. Allows a Secretary of State Police investigator to issue administrative citations to new or used vehicle dealers, or any other entity licensed by the Secretary under the Illinois Vehicle Code, for violations of any provision of the Illinois Vehicle Code or violations of any administrative rule adopted by the Secretary under the Illinois Vehicle Code. Effective January 1, 2014.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 3-113 and 5-803 as follows: | 6 | | (625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113) | 7 | | Sec. 3-113. Transfer to or from dealer; records.
| 8 | | (a) After a dealer buys a vehicle and holds it for resale, | 9 | | the
dealer must procure the
certificate of title from the owner | 10 | | or the lienholder. The dealer may hold
the certificate until he | 11 | | or she transfers the vehicle to another person.
Upon | 12 | | transferring the vehicle to another person,
the dealer shall | 13 | | promptly and within 20
days
execute the assignment and warranty | 14 | | of title by a dealer, showing the names and
addresses of the | 15 | | transferee and of any lienholder holding a security interest
| 16 | | created or reserved at the time of the resale, in the spaces | 17 | | provided therefor
on the certificate or as the Secretary of | 18 | | State prescribes, and mail or deliver
the certificate to the | 19 | | Secretary of State with the transferee's application for
a new | 20 | | certificate, except as provided in Section 3-117.2.
A dealer | 21 | | has complied with this Section if the date of the mailing of | 22 | | the certificate, as indicated by the postmark, is within 20 | 23 | | days of the date on which the vehicle was transferred to |
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| 1 | | another person.
| 2 | | (b) The Secretary of State may decline to process any | 3 | | application for a
transfer of an interest in a vehicle if any | 4 | | fees or taxes due under this
Code from the transferor or the | 5 | | transferee have not been paid upon
reasonable notice and | 6 | | demand.
| 7 | | (c) Any person who violates this Section shall be guilty of | 8 | | a petty offense.
| 9 | | (d) Beginning January 1, 2014, the Secretary of State is | 10 | | authorized to impose a delinquent vehicle dealer transfer fee | 11 | | of $20 if the certificate of title is received by the Secretary | 12 | | from the dealer 30 days but less than 60 days after the date of | 13 | | sale. If the certificate of title is received by the Secretary | 14 | | from the dealer 60 days but less than 90 days after the date of | 15 | | sale, the delinquent dealer transfer fee shall be $35. If the | 16 | | certificate of title is received by the Secretary from the | 17 | | dealer 90 days but less than 120 days after the date of sale, | 18 | | the delinquent vehicle dealer transfer fee shall be $65. If the | 19 | | certificate of title is received by the Secretary from the | 20 | | dealer 120 days or more after the date of the sale, the | 21 | | delinquent vehicle dealer transfer fee shall be $100. | 22 | | (Source: P.A. 94-239, eff. 1-1-06; 95-284, eff. 1-1-08.)
| 23 | | (625 ILCS 5/5-803) | 24 | | Sec. 5-803. Administrative penalties. Instead of filing a | 25 | | criminal complaint against a new or used vehicle dealer, or |
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| 1 | | against any other entity licensed by the Secretary under this | 2 | | Code, a Secretary of State Police investigator may issue | 3 | | administrative citations for violations of any of the | 4 | | provisions of this Code Chapter or any administrative rule | 5 | | adopted by the Secretary under this Code Chapter . A party | 6 | | receiving a citation shall have the right to contest the | 7 | | citation in proceedings before the Secretary of State | 8 | | Department of Administrative Hearings. Penalties imposed by | 9 | | issuance of an administrative citation shall not exceed $50 per | 10 | | violation. A penalty may not be imposed unless, during the | 11 | | course of a single investigation or upon review of the party's | 12 | | records, the party is found to have committed at least 3 | 13 | | separate violations of one or more of the provisions of this | 14 | | Code or any administrative rule adopted by the Secretary under | 15 | | this Code. Penalties paid as a result of the issuance of | 16 | | administrative citations shall be deposited in the Secretary of | 17 | | State Police Services Fund.
| 18 | | (Source: P.A. 97-838, eff. 7-20-12.)
| 19 | | Section 99. Effective date. This Act takes effect January | 20 | | 1, 2014.
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