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90_HB3706
625 ILCS 5/3-112 from Ch. 95 1/2, par. 3-112
Amends the Illinois Vehicle Code. Provides that, upon
approval of the county board, the county treasurer shall
charge a $5 fee for the certification, required to transfer
the owner's interest in a mobile home, that all taxes owed by
the owner of a mobile home have been paid. Provides that all
moneys collected from this fee shall be deposited into the
Tax Sale Automation Fund. Effective immediately.
LRB9010439KDks
LRB9010439KDks
1 AN ACT to amend the Illinois Vehicle Code by changing
2 Section 3-112.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Vehicle Code is amended by
6 changing Section 3-112 as follows:
7 (625 ILCS 5/3-112) (from Ch. 95 1/2, par. 3-112)
8 Sec. 3-112. Transfer.
9 (a) If an owner transfers his interest in a vehicle,
10 other than by the creation of a security interest, at the
11 time of the delivery of the vehicle he shall execute to the
12 transferee an assignment and warranty of title in the space
13 provided on the certificate of title, or as the Secretary of
14 State prescribes, and cause the certificate and assignment to
15 be mailed or delivered to the transferee or to the Secretary
16 of State.
17 If the vehicle is subject to a tax under the Mobile Home
18 Local Services Tax Act in a county with a population of less
19 than 3,000,000, the owner shall also provide to the
20 transferee a certification by the treasurer of the county in
21 which the vehicle is situated that all taxes imposed upon the
22 vehicle for the years the owner was the actual titleholder of
23 the vehicle have been paid. The transferee shall be liable
24 only for the taxes he or she incurred while he or she was the
25 actual titleholder of the mobile home. The county treasurer
26 shall refund any amount of taxes paid by the transferee that
27 were imposed in years when the transferee was not the actual
28 titleholder. The provisions of this amendatory Act of 1997
29 (P.A. 90-542) apply retroactively to January 1, 1996. In no
30 event may the county treasurer refund amounts paid by the
31 transferee during any year except the 10 years immediately
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1 preceding the year in which the refund is made. If the owner
2 is a licensed dealer who has purchased the vehicle and is
3 holding it for resale, in lieu of acquiring a certification
4 from the county treasurer he shall forward the certification
5 received from the previous owner to the next buyer of the
6 vehicle. The owner shall cause the certification to be
7 mailed or delivered to the Secretary of State with the
8 certificate of title and assignment. Upon approval of the
9 county board, the treasurer of the county in which the
10 vehicle is situated shall charge a $5 fee for the
11 certification required under this paragraph. All funds
12 collected under this paragraph shall be deposited into the
13 Tax Sale Automation Fund created in Section 21-245 of the
14 Property Tax Code.
15 (b) Except as provided in Section 3-113, the transferee
16 shall, promptly and within 20 days after delivery to him of
17 the vehicle and the assigned title, execute the application
18 for a new certificate of title in the space provided therefor
19 on the certificate or as the Secretary of State prescribes,
20 and cause the certificate and application to be mailed or
21 delivered to the Secretary of State.
22 (c) Upon request of the owner or transferee, a
23 lienholder in possession of the certificate of title shall,
24 unless the transfer was a breach of his security agreement,
25 either deliver the certificate to the transferee for delivery
26 to the Secretary of State or, upon receipt from the
27 transferee of the owner's assignment, the transferee's
28 application for a new certificate and the required fee, mail
29 or deliver them to the Secretary of State. The delivery of
30 the certificate does not affect the rights of the lienholder
31 under his security agreement.
32 (d) If a security interest is reserved or created at the
33 time of the transfer, the certificate of title shall be
34 retained by or delivered to the person who becomes the
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1 lienholder, and the parties shall comply with the provisions
2 of Section 3-203.
3 (e) Except as provided in Section 3-113 and as between
4 the parties, a transfer by an owner is not effective until
5 the provisions of this Section and Section 3-115 have been
6 complied with; however, an owner who has delivered possession
7 of the vehicle to the transferee and has complied with the
8 provisions of this Section and Section 3-115 requiring action
9 by him as not liable as owner for any damages thereafter
10 resulting from operation of the vehicle.
11 (f) The Secretary of State shall not process any
12 application for a transfer of an interest in a vehicle if any
13 fees or taxes due under this Act from the transferor or the
14 transferee have not been paid upon reasonable notice and
15 demand.
16 (g) If the Secretary of State receives an application
17 for transfer of a vehicle subject to a tax under the Mobil
18 Home Local Services Tax Act in a county with a population of
19 less than 3,000,000, such application must be accompanied by
20 the required certification by the county treasurer or tax
21 assessor authorizing the issuance of the title.
22 (Source: P.A. 90-212, eff. 1-1-98; 90-542, eff. 12-1-97;
23 revised 1-6-98.)
24 Section 99. Effective date. This Act takes effect upon
25 becoming law.