Bill Text: IL HB2320 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Illinois Vehicle Code to provide that if all spaces provided for execution of an assignment on a certificate of title of a motor vehicle are filled, a dealer may execute an assignment and warranty of title to a buyer by attaching an affidavit, which must be sworn to by the dealer and contain all necessary information to complete the assignment, to the filled title and mailing the documents to the Secretary of State with the transferee's application for a new certificate. Effective immediately.

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB2320 Detail]

Download: Illinois-2009-HB2320-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB2320 Introduced 2/18/2009, by Rep. Rich Brauer SYNOPSIS AS INTRODUCED:
625 ILCS 5/3-113 from Ch. 95 1/2, par. 3-113
Amends the Illinois Vehicle Code to provide that if all spaces provided for execution of an assignment on a certificate of title of a motor vehicle are filled, a dealer may execute an assignment and warranty of title to a buyer by attaching an affidavit, which must be sworn to by the dealer and contain all necessary information to complete the assignment, to the filled title and mailing the documents to the Secretary of State with the transferee's application for a new certificate. Effective immediately.
LRB096 08442 AJT 18559 b
A BILL FOR
HB2320 LRB096 08442 AJT 18559 b
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 3-113 as follows:
(625 ILCS 5/3-113) (from Ch. 95 1/2, par. 3-113)
Sec. 3-113. Transfer to or from dealer; records.
(a) After a dealer buys a vehicle and holds it for resale,
the dealer must procure the certificate of title from the owner
or the lienholder. The dealer may hold the certificate until he
or she transfers the vehicle to another person. Upon
transferring the vehicle to another person, the dealer shall
promptly and within 20 days execute the assignment and warranty
of title by a dealer, showing the names and addresses of the
transferee and of any lienholder holding a security interest
created or reserved at the time of the resale, in the spaces
provided therefor on the certificate or as the Secretary of
State prescribes, and mail or deliver the certificate to the
Secretary of State with the transferee's application for a new
certificate, except as provided in Section 3-117.2. If all
spaces provided for execution of an assignment on the
certificate of title are filled, then the dealer may execute to
the transferee an assignment and warranty of title by attaching

HB2320 - 2 - LRB096 08442 AJT 18559 b
an affidavit, which must be sworn to by the dealer and contain
all necessary information to complete the assignment, to the
filled title and mailing the documents to the Secretary of
State with the transferee's application for a new certificate.
A dealer has complied with this Section if the date of the
mailing of the certificate, as indicated by the postmark, is
within 20 days of the date on which the vehicle was transferred
to another person.
(b) The Secretary of State may decline to process any
application for a transfer of an interest in a vehicle if any
fees or taxes due under this Code from the transferor or the
transferee have not been paid upon reasonable notice and
demand.
(c) Any person who violates this Section shall be guilty of
a petty offense.
(Source: P.A. 94-239, eff. 1-1-06; 95-284, eff. 1-1-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.