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
 


HB5220LRB097 18943 HEP 64181 b



1 AN ACT concerning transportation.


2 Be it enacted by the People of the State of Illinois,

3represented in the General Assembly:



4 Section 5. The Boat Registration and Safety Act is amended 
5by changing Sections 3A-1, 3A-3, 3A-7, 3A-10, and 3A-17 as 
6follows:




7 (625 ILCS 45/3A-1) (from Ch. 95 1/2, par. 313A-1)



8 Sec. 3A-1. Certificate of title required. 

9 (a) Every owner of a watercraft and every owner of a 
10watercraft engine required to be numbered by this State and
for 
11which no certificate of title has been issued by the Department 
12of
Natural Resources shall make application to the Department

13of Natural Resources for a certificate of title either
before 
14or at the same time he next applies for issuance, transfer or 
15renewal of
a certificate of number. All watercraft already 
16covered by a number in full
force and effect which has been 
17awarded to it pursuant to Federal law is exempt
from titling 
18requirements in this Act.

19 (b) The Department shall not issue, transfer or renew a 
20certificate of
number unless a certificate of title has been 
21issued by the Department of
Natural Resources or an application 
22for a certificate of
title has been delivered to the 
23Department.

 
 
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1(Source: P.A. 89-445, eff. 2-7-96.)





2 (625 ILCS 45/3A-3) (from Ch. 95 1/2, par. 313A-3)



3 Sec. 3A-3. Application for first certificate of title. 

4 (a) The application for the first certificate of title in

5this State must be made by the owner to the Department of 
6Natural Resources on
the form prescribed and must contain:


7  1. The name, residence and mail address of the owner;


8  2. A description of the watercraft and a description of 
9 a watercraft engine so far as the following data
exists: 
10 Its make, model, year of manufacture, manufacturer's 
11 serial number
or builder's hull number, length and 
12 principal material used in construction;


13  3. The date of purchase by applicant, the name and 
14 address of the person
from whom the watercraft or 
15 watercraft engine was acquired and the names and addresses 
16 of any
lienholders in the order of their priority and the 
17 dates of their security
agreements; and


18  4. Any further information the Department of Natural 
19 Resources
reasonably requires to identify the watercraft 
20 or watercraft engine and to enable the Department
to 
21 determine whether the owner is entitled to a certificate of 
22 title and
the existence or nonexistence of security 
23 interests in the watercraft.

24 (b) If the application refers to a watercraft or watercraft 
25engine purchased from a dealer, it
must contain the name and 
 
 
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1address of any lienholder holding a security
interest created 
2or reserved at the time of the sale and the date of his

3security agreement and be signed by the dealer as well as the 
4owner, and
the dealer must within 15 days mail or deliver the 
5application to the
Department of Natural Resources.

6 (c) If the application refers to a watercraft or watercraft 
7engine last previously registered in
another State or country, 
8the application must contain or be accompanied
by:


9  1. Any certificate of title issued by the other State 
10 or country;
and


11  2. Any other information and documents the Department 
12 of Natural
Resources reasonably requires to establish 
13 ownership and the
existence or nonexistence of security 
14 interests.

15(Source: P.A. 91-357, eff. 7-29-99.)





16 (625 ILCS 45/3A-7) (from Ch. 95 1/2, par. 313A-7)



17 Sec. 3A-7. Contents and effect. 

18 (a) Each certificate of title issued by the Department of 
19Natural
Resources shall contain:


20  1. The date issued;


21  2. The name and address of the owner;


22  3. The names and addresses of any lienholders, in the 
23 order of priority
as shown on the application or, if the 
24 application is based on a
certificate of title, as shown on 
25 the certificate;


 
 
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1  4. The title number assigned to the watercraft or 
2 watercraft engine;


3  5. A description of the watercraft or watercraft engine 
4 including, so far as the following data
exists: its make, 
5 model, year of manufacture, registration number, and

6 manufacturer's
serial number or, if none, the builder's 
7 hull number, length, purchase date,
and the principal 
8 material used in construction;


9  6. Any other data the Department of Natural Resources

10 prescribes.

11 (b) The certificate of title shall contain forms for 
12assignment and
warranty of title by the owner, and for 
13assignment and warranty of title by
a dealer, and may contain 
14forms for applications for a certificate of title
by a 
15transferee, the naming of a lienholder and the assignment or 
16release
of the security interest of a lienholder.

17 (c) A certificate of title issued by the Department of 
18Natural Resources is
prima facie evidence of the facts 
19appearing on it.

20 (d) A certificate of title is not subject to garnishment,

21attachment, execution or other judicial process, but this 
22subsection does
not prevent a lawful levy upon the watercraft 
23or watercraft engine.

24 (e) Any certificate of title issued by the Department of 
25Natural
Resources is subject
to a lien in favor of the State of 
26Illinois for any fees or taxes required
to be paid under this 
 
 
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1Act and as have not been paid, as provided for in
this Act.

2(Source: P.A. 89-445, eff. 2-7-96.)





3 (625 ILCS 45/3A-10) (from Ch. 95 1/2, par. 313A-10)



4 Sec. 3A-10. Refusing certificate of title. The Department 
5of Natural
Resources shall refuse issuance of a certificate of 
6title
if any required fee is not paid or if he has reasonable 
7grounds to believe
that:

8 (a) The applicant is not the owner of the watercraft or 
9watercraft engine;

10 (b) The application contains a false or fraudulent 
11statement; or

12 (c) The applicant fails to furnish required information or 
13documents or
any additional information the Department of 
14Natural Resources reasonably requires;

15 (d) The applicant has not paid any fees or
taxes due under 
16this Act and have not been paid upon reasonable notice and

17demand.

18(Source: P.A. 89-445, eff. 2-7-96.)





19 (625 ILCS 45/3A-17) (from Ch. 95 1/2, par. 313A-17)



20 Sec. 3A-17. Transfer of watercraft or watercraft engine. A 
21transferor of a watercraft or watercraft engine
other than a 
22dealer transferring a new watercraft, shall deliver
to the 
23transferee at the time of delivery of possession of the 
24watercraft or watercraft engine the
properly assigned 
 
 
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1certificate of title.

2(Source: P.A. 85-149.)