Bill Text: IL HB5220 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Boat Registration and Safety Act. Makes every owner of a watercraft engine subject to provisions requiring a certificate of title. Provides that watercraft engines are subject to Sections concerning: application for first certificate of title; certificate of title contents; refusal of title certificate; and transfer.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB5220 Detail]

Download: Illinois-2011-HB5220-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB5220 Introduced , by Rep. Jil Tracy SYNOPSIS AS INTRODUCED:
625 ILCS 45/3A-1 from Ch. 95 1/2, par. 313A-1
625 ILCS 45/3A-3 from Ch. 95 1/2, par. 313A-3
625 ILCS 45/3A-7 from Ch. 95 1/2, par. 313A-7
625 ILCS 45/3A-10 from Ch. 95 1/2, par. 313A-10
625 ILCS 45/3A-17 from Ch. 95 1/2, par. 313A-17
Amends the Boat Registration and Safety Act. Makes every owner of a watercraft engine subject to provisions requiring a certificate of title. Provides that watercraft engines are subject to Sections concerning: application for first certificate of title; certificate of title contents; refusal of title certificate; and transfer.
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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 Boat Registration and Safety Act is amended
by changing Sections 3A-1, 3A-3, 3A-7, 3A-10, and 3A-17 as
follows:
(625 ILCS 45/3A-1) (from Ch. 95 1/2, par. 313A-1)
Sec. 3A-1. Certificate of title required.
(a) Every owner of a watercraft and every owner of a
watercraft engine required to be numbered by this State and for
which no certificate of title has been issued by the Department
of Natural Resources shall make application to the Department
of Natural Resources for a certificate of title either before
or at the same time he next applies for issuance, transfer or
renewal of a certificate of number. All watercraft already
covered by a number in full force and effect which has been
awarded to it pursuant to Federal law is exempt from titling
requirements in this Act.
(b) The Department shall not issue, transfer or renew a
certificate of number unless a certificate of title has been
issued by the Department of Natural Resources or an application
for a certificate of title has been delivered to the
Department.

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(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3A-3) (from Ch. 95 1/2, par. 313A-3)
Sec. 3A-3. Application for first certificate of title.
(a) The application for the first certificate of title in
this State must be made by the owner to the Department of
Natural Resources on the form prescribed and must contain:
1. The name, residence and mail address of the owner;
2. A description of the watercraft and a description of
a watercraft engine so far as the following data exists:
Its make, model, year of manufacture, manufacturer's
serial number or builder's hull number, length and
principal material used in construction;
3. The date of purchase by applicant, the name and
address of the person from whom the watercraft or
watercraft engine was acquired and the names and addresses
of any lienholders in the order of their priority and the
dates of their security agreements; and
4. Any further information the Department of Natural
Resources reasonably requires to identify the watercraft
or watercraft engine and to enable the Department to
determine whether the owner is entitled to a certificate of
title and the existence or nonexistence of security
interests in the watercraft.
(b) If the application refers to a watercraft or watercraft
engine purchased from a dealer, it must contain the name and

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address of any lienholder holding a security interest created
or reserved at the time of the sale and the date of his
security agreement and be signed by the dealer as well as the
owner, and the dealer must within 15 days mail or deliver the
application to the Department of Natural Resources.
(c) If the application refers to a watercraft or watercraft
engine last previously registered in another State or country,
the application must contain or be accompanied by:
1. Any certificate of title issued by the other State
or country; and
2. Any other information and documents the Department
of Natural Resources reasonably requires to establish
ownership and the existence or nonexistence of security
interests.
(Source: P.A. 91-357, eff. 7-29-99.)
(625 ILCS 45/3A-7) (from Ch. 95 1/2, par. 313A-7)
Sec. 3A-7. Contents and effect.
(a) Each certificate of title issued by the Department of
Natural Resources shall contain:
1. The date issued;
2. The name and address of the owner;
3. The names and addresses of any lienholders, in the
order of priority as shown on the application or, if the
application is based on a certificate of title, as shown on
the certificate;

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4. The title number assigned to the watercraft or
watercraft engine;
5. A description of the watercraft or watercraft engine
including, so far as the following data exists: its make,
model, year of manufacture, registration number, and
manufacturer's serial number or, if none, the builder's
hull number, length, purchase date, and the principal
material used in construction;
6. Any other data the Department of Natural Resources
prescribes.
(b) The certificate of title shall contain forms for
assignment and warranty of title by the owner, and for
assignment and warranty of title by a dealer, and may contain
forms for applications for a certificate of title by a
transferee, the naming of a lienholder and the assignment or
release of the security interest of a lienholder.
(c) A certificate of title issued by the Department of
Natural Resources is prima facie evidence of the facts
appearing on it.
(d) A certificate of title is not subject to garnishment,
attachment, execution or other judicial process, but this
subsection does not prevent a lawful levy upon the watercraft
or watercraft engine.
(e) Any certificate of title issued by the Department of
Natural Resources is subject to a lien in favor of the State of
Illinois for any fees or taxes required to be paid under this

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Act and as have not been paid, as provided for in this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3A-10) (from Ch. 95 1/2, par. 313A-10)
Sec. 3A-10. Refusing certificate of title. The Department
of Natural Resources shall refuse issuance of a certificate of
title if any required fee is not paid or if he has reasonable
grounds to believe that:
(a) The applicant is not the owner of the watercraft or
watercraft engine;
(b) The application contains a false or fraudulent
statement; or
(c) The applicant fails to furnish required information or
documents or any additional information the Department of
Natural Resources reasonably requires;
(d) The applicant has not paid any fees or taxes due under
this Act and have not been paid upon reasonable notice and
demand.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3A-17) (from Ch. 95 1/2, par. 313A-17)
Sec. 3A-17. Transfer of watercraft or watercraft engine. A
transferor of a watercraft or watercraft engine other than a
dealer transferring a new watercraft, shall deliver to the
transferee at the time of delivery of possession of the
watercraft or watercraft engine the properly assigned

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certificate of title.
(Source: P.A. 85-149.)