Bill Text: IL SB2048 | 2013-2014 | 98th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning transfer of an owner's interest in a vehicle.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2015-01-13 - Session Sine Die [SB2048 Detail]

Download: Illinois-2013-SB2048-Introduced.html

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98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 SB2048 Introduced 2/15/2013, by Sen. Christine Radogno 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
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Vehicle Code is amended by changing
Section 3-112 as follows:
(625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
Sec. 3-112. Transfer.
(a) If an owner transfers his interest in a vehicle, other
than by the the creation of a security interest, at the time of
the delivery of the vehicle he shall execute to the transferee
an assignment and warranty of title in the space provided on
the certificate of title, or as the Secretary of State
prescribes, and cause the certificate and assignment to be
mailed or delivered to the transferee or to the Secretary of
State.
If the vehicle is subject to a tax under the Mobile Home
Local Services Tax Act in a county with a population of less
than 3,000,000, the owner shall also provide to the transferee
a certification by the treasurer of the county in which the
vehicle is situated that all taxes imposed upon the vehicle for
the years the owner was the actual titleholder of the vehicle
have been paid. The transferee shall be liable only for the
taxes he or she incurred while he or she was the actual

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

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of State or, upon receipt from the transferee of the owner's
assignment, the transferee's application for a new certificate
and the required fee, mail or deliver them to the Secretary of
State. The delivery of the certificate does not affect the
rights of the lienholder under his security agreement.
(d) If a security interest is reserved or created at the
time of the transfer, the certificate of title shall be
retained by or delivered to the person who becomes the
lienholder, and the parties shall comply with the provisions of
Section 3-203.
(e) Except as provided in Section 3-113 and as between the
parties, a transfer by an owner is not effective until the
provisions of this Section and Section 3-115 have been complied
with; however, an owner who has delivered possession of the
vehicle to the transferee and has complied with the provisions
of this Section and Section 3-115 requiring action by him as
not liable as owner for any damages thereafter resulting from
operation of the vehicle.
(f) The Secretary of State shall not process any
application for a transfer of an interest in a vehicle if any
fees or taxes due under this Act from the transferor or the
transferee have not been paid upon reasonable notice and
demand.
(g) If the Secretary of State receives an application for
transfer of a vehicle subject to a tax under the Mobile Home
Local Services Tax Act in a county with a population of less

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than 3,000,000, such application must be accompanied by the
required certification by the county treasurer or tax assessor
authorizing the issuance of the title.
(Source: P.A. 92-651, eff. 7-11-02.)