HB5220 97TH GENERAL ASSEMBLY

LRB097 18943 HEP 64181 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5220

Introduced 2/8/2012, 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.

A BILL FOR

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.

(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 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;

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 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 certificate of title.

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