Sen. Rachelle Crowe

Filed: 4/16/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1230

2    AMENDMENT NO. ______. Amend Senate Bill 1230 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Boat Registration and Safety Act is
5amended by changing Sections 1-2, 3-7, 3A-1, 3A-3, 3A-4, 3A-5,
63A-7, 3A-8, 3A-10, 3A-11, 3A-12, 3A-14, 3A-15, 3A-16, 3A-17,
73A-18, 3A-19, 3A-21, 3C-4, 4-1, 4-2, 5-3, and 5-13 and the
8heading of Article IIIA and by adding Sections 3A-0.1,
93A-19.1, 3A-19.2, 3A-19.3, 3A-19.4, and 3A-22 as follows:
 
10    (625 ILCS 45/1-2)  (from Ch. 95 1/2, par. 311-2)
11    Sec. 1-2. Definitions. As used in this Act, unless the
12context clearly requires a different meaning:
13    "Airboat" means any boat propelled by an engine producing
14air thrust. "Airboat" does not include ground-effect vessels
15or air-cushion vehicles (hovercraft).
16    "Competent" means capable of assisting a skier in case of

 

 

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1injury or accident.
2    "Dealer" means any person who engages in the business of
3manufacturing, selling, or dealing in, on consignment or
4otherwise, any number of new watercraft, or 5 or more used
5watercraft of any make during the year, including any
6off-highway vehicle dealer or snowmobile dealer or a person
7licensed as a new or used vehicle dealer who also sells or
8deals in, on consignment or otherwise, any number of
9watercraft as defined in this Act.
10    "Department" means the Department of Natural Resources.
11    "International regulations" means the International
12Regulations for Preventing Collisions at Sea, 1972, including
13annexes currently in force for the United States.
14    "Leeward" means the side of the vessel's sail that is
15facing away or sheltered from the wind.
16    "Lifeboat" means a small boat kept on board a larger boat
17for use in an emergency.
18    "Motorboat" or "power-driven vessel" means any vessel
19propelled by machinery.
20    "Nonpowered watercraft" or "human-powered watercraft"
21means watercraft primarily designed to be propelled by human
22power collected directly from the hands or feet, through the
23hands with oars, paddles, or poles, or through the feet with
24pedals and a crank or treadle.
25    "Operate" means to use, navigate, employ, or otherwise be
26in actual physical control of a motorboat or vessel.

 

 

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1    "Operator" means a person who operates or is in actual
2physical control of a watercraft.
3    "Owner" means a person, other than a secured party, having
4property rights or title to a watercraft. "Owner" includes a
5person entitled to the use or possession of a motorboat
6subject to an interest in another person, reserved or created
7by agreement and securing payment of performance of an
8obligation. "Owner" does not include a lessee under a lease
9not intended as security.
10    "Person" means any individual, firm, corporation,
11partnership, or association, and any agent, assignee, trustee,
12executor, receiver, or representative thereof.
13    "Personal flotation device" or "PFD" means a device that
14is approved by the Commandant, U.S. Coast Guard, under Part
15160 of Title 46 of the Code of Federal Regulations.
16    "Personal watercraft" means a vessel propelled by a water
17jet pump or other machinery as its primary source of motive
18power and designed to be operated by a person sitting,
19standing, or kneeling on the vessel, rather than within the
20confines of a hull.
21    "Recreational boat" means any vessel manufactured or used
22primarily for noncommercial use; or leased, rented, or
23chartered to another for noncommercial use.
24    "Sailboat" or "sailing vessel" means any vessel under
25sail, so long as the propelling machinery, if fitted, is not
26being used.

 

 

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1    "Sea plane" means any aircraft designed to maneuver on the
2water.
3    "Specialty prop-craft" means a vessel that is similar in
4appearance and operation to a personal watercraft but that is
5powered by an outboard or propeller driven motor.
6    "Throwable PFD" has the meaning provided in 33 CFR 175.13.
7    "Underway" applies to a vessel or watercraft at all times
8except when it is moored at a dock or anchorage area.
9    "Use" applies to all vessels on the waters of this State,
10whether moored or underway.
11    "Vessel" or "watercraft" means every description of
12watercraft used or capable of being used as a means of
13transportation on water, except a seaplane on the water, air
14mattress or similar device, and boats used for concession
15rides in artificial bodies of water designed and used
16exclusively for such concessions.
17    "Waters of this State" means any water within the
18jurisdiction of this State.
19    "Wearable U.S. Coast Guard approved personal flotation
20device", "wearable U.S. Coast Guard approved PFD", and
21"wearable PFD" have the meaning provided for "wearable PFD" in
2233 CFR 175.13.
23    "Vessel" or "Watercraft" means every description of
24watercraft used or capable of being used as a means of
25transportation on water, except a seaplane on the water, air
26mattress or similar device, and boats used for concession

 

 

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1rides in artificial bodies of water designed and used
2exclusively for such concessions.
3    "Motorboat" means any vessel propelled by machinery,
4whether or not such machinery is the principal source of
5propulsion, but does not include a vessel which has a valid
6marine document issued by the Bureau of Customs of the United
7States Government or any Federal agency successor thereto.
8    "Non-powered watercraft" means any canoe, kayak,
9kiteboard, paddleboard, float tube, or watercraft not
10propelled by sail, canvas, or machinery of any sort.
11    "Sailboat" means any watercraft propelled by sail or
12canvas, including sailboards. For the purposes of this Act,
13any watercraft propelled by both sail or canvas and machinery
14of any sort shall be deemed a motorboat when being so
15propelled.
16    "Airboat" means any boat (but not including airplanes or
17hydroplanes) propelled by machinery applying force against the
18air rather than the water as a means of propulsion.
19    "Dealer" means any person who engages in the business of
20manufacturing, selling, or dealing in, on consignment or
21otherwise, any number of new watercraft, or 5 or more used
22watercraft of any make during the year, including any
23off-highway vehicle dealer or snowmobile dealer or a person
24licensed as a new or used vehicle dealer who also sells or
25deals in, on consignment or otherwise, any number of
26watercraft as defined in this Act.

 

 

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1    "Lifeboat" means a small boat kept on board a larger boat
2for use in emergency.
3    "Owner" means a person, other than lien holder, having
4title to a motorboat. The term includes a person entitled to
5the use or possession of a motorboat subject to an interest in
6another person, reserved or created by agreement and securing
7payment of performance of an obligation, but the term excludes
8a lessee under a lease not intended as security.
9    "Waters of this State" means any water within the
10jurisdiction of this State.
11    "Person" means an individual, partnership, firm,
12corporation, association, or other entity.
13    "Operate" means to navigate or otherwise use a motorboat
14or vessel.
15    "Department" means the Department of Natural Resources.
16    "Competent" means capable of assisting a skier in case of
17injury or accident.
18    "Personal flotation device" or "PFD" means a device that
19is approved by the Commandant, U.S. Coast Guard, under Part
20160 of Title 46 of the Code of Federal Regulations.
21    "Recreational boat" means any vessel manufactured or used
22primarily for noncommercial use; or leased, rented or
23chartered to another for noncommercial use.
24    "Personal watercraft" means a vessel that uses an inboard
25motor powering a water jet pump as its primary source of motor
26power and that is designed to be operated by a person sitting,

 

 

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1standing, or kneeling on the vessel, rather than the
2conventional manner of sitting or standing inside the vessel,
3and includes vessels that are similar in appearance and
4operation but are powered by an outboard or propeller drive
5motor.
6    "Specialty prop-craft" means a vessel that is similar in
7appearance and operation to a personal watercraft but that is
8powered by an outboard or propeller driven motor.
9    "Underway" applies to a vessel or watercraft at all times
10except when it is moored at a dock or anchorage area.
11    "Use" applies to all vessels on the waters of this State,
12whether moored or underway.
13(Source: P.A. 97-1136, eff. 1-1-13.)
 
14    (625 ILCS 45/3-7)  (from Ch. 95 1/2, par. 313-7)
15    Sec. 3-7. Loss of certificate; certificate correction.
16Should a certificate of number or registration expiration
17decal become lost, destroyed, or mutilated beyond legibility,
18or if the information that is required to be on the certificate
19has changed, the owner of the watercraft shall make
20application to the Department for the replacement of the
21certificate or decal, giving his name, address, and the number
22of his boat and shall at the same time pay to the Department a
23fee of $7 $5.
24(Source: P.A. 93-32, eff. 7-1-03.)
 

 

 

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1    (625 ILCS 45/Art. IIIA heading)
2
ARTICLE IIIA. CERTIFICATE OF TITLE, MOTORBOATS AND
3
SAILBOATS OVER 21 12 FEET IN LENGTH

 
4    (625 ILCS 45/3A-0.1 new)
5    Sec. 3A-0.1. Definitions. As used in this Article:
6    "Electronic" means electrical, digital, magnetic, optical,
7or electromagnetic technology, or any other form of technology
8that entails capabilities similar to these technologies.
9    "Electronic record" means a record generated,
10communicated, received, or stored by electronic means for use
11in an information system or for transmission from one
12information system to another.
13    "Electronic signature" means a signature in electronic
14form attached to or logically associated with an electronic
15record.
16    "Junk watercraft" or "scrap watercraft" means a watercraft
17that has been or is being disassembled, crushed, compressed,
18flattened, destroyed, or otherwise reduced to a state in which
19it no longer can be returned to an operable state, or has been
20branded or assigned as junk or a similar designation by
21another state or jurisdiction.
22    "Owner" means a person who holds a certificate of origin,
23certificate of title, salvage certificate, or junking
24certificate. However, if a watercraft is the subject of an
25agreement for the conditional sale or lease thereof with the

 

 

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1right of purchase upon performance of the conditions stated in
2the agreement and with an immediate right of possession vested
3in the conditional vendee or lessee, or if a mortgagor of such
4a watercraft is entitled to possession, then the conditional
5vendee or lessee or mortgagor shall be deemed the owner for the
6purpose of this Article.
7    "Record" means information that is inscribed, stored, or
8otherwise fixed on a tangible medium or that is stored in an
9electronic or other medium and is retrievable in perceivable
10form.
11    "Salvage" means a watercraft that has been damaged but may
12be put back into its original operable state after repair and
13has not been issued a junking certificate.
14    "Salvage dealer" means an entity that sells salvage
15watercraft on behalf of insurance companies and obtains a
16"salvage dealer" designation through the used dealer
17application process under Section 5-102 of the Illinois
18Vehicle Code
19    "Signature" or "signed" means any symbol executed or
20adopted, or any security procedure employed or adopted, using
21electronic means or otherwise, by or on behalf of a person with
22intent to authenticate a record.
 
23    (625 ILCS 45/3A-1)  (from Ch. 95 1/2, par. 313A-1)
24    Sec. 3A-1. Certificate of title required.
25    (a) Every owner of a watercraft over 21 feet in length

 

 

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1required to be numbered by this State and for which no
2certificate of title has been issued by the Department of
3Natural Resources shall make application to the Department of
4Natural Resources for a certificate of title either before or
5at the same time he next applies for issuance, transfer or
6renewal of a certificate of number. All watercraft already
7covered by a number in full force and effect which has been
8awarded to it pursuant to Federal law is exempt from titling
9requirements in this Act.
10    (b) The Department shall not issue, transfer or renew a
11certificate of number for a watercraft over 21 feet unless a
12certificate of title has been issued by the Department of
13Natural Resources or an application for a certificate of title
14has been delivered to the Department.
15(Source: P.A. 100-469, eff. 6-1-18.)
 
16    (625 ILCS 45/3A-3)  (from Ch. 95 1/2, par. 313A-3)
17    Sec. 3A-3. Application for first certificate of title.
18    (a) The application for a the first certificate of title
19in this State must be made by the owner to the Department of
20Natural Resources on the form prescribed and must contain:
21        1. The name, residence and mail address of the owner;
22        1.5. If available, the email address of the owner;
23        2. A description of the watercraft so far as the
24    following data exists: Its make, model, year of
25    manufacture, manufacturer's serial number or builder's

 

 

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1    hull number, length and principal material used in
2    construction;
3        3. The date of purchase by applicant, the name and
4    address of the person from whom the watercraft was
5    acquired and the names and addresses of any lienholders in
6    the order of their priority and the dates of their
7    security agreements; and
8        4. Any further information the Department of Natural
9    Resources reasonably requires to identify the watercraft
10    and to enable the Department to determine whether the
11    owner is entitled to a certificate of title and the
12    existence or nonexistence of security interests in the
13    watercraft.
14    (a-5) The Department shall designate on the prescribed
15application form a space where the owner of a watercraft may
16designate a beneficiary to whom ownership of the watercraft
17shall pass in the event of the owner's death.
18    (b) If the application refers to a watercraft purchased
19from a dealer, it must contain the name and address of any
20lienholder holding a security interest created or reserved at
21the time of the sale and the date of his security agreement and
22be signed by the dealer as well as the owner, and the dealer
23must within 15 days mail or deliver the application to the
24Department of Natural Resources.
25    (c) If the application refers to a watercraft last
26previously registered in another State or country, the

 

 

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1application must contain or be accompanied by:
2        1. Any certificate of title issued by the other State
3    or country; and
4        2. Any other information and documents the Department
5    of Natural Resources reasonably requires to establish
6    ownership and the existence or nonexistence of security
7    interests.
8    (d) If the application refers to a new watercraft, it must
9be accompanied by the Manufacturer's Statement of Origin, or
10other documents as required and acceptable by the Department
11of Natural Resources, with such assignments as may be
12necessary to show title in the applicant.
13    (e) An application for a certificate of title for any
14watercraft, whether purchased in Illinois or outside Illinois,
15and even if previously registered in another state, must be
16accompanied by either an exemption determination from the
17Department of Revenue showing that no tax imposed pursuant to
18the Use Tax Act or the Watercraft Use Tax Law is owed by anyone
19with respect to that watercraft, or a receipt from the
20Department of Revenue showing that any tax so imposed has been
21paid. In the absence of such a receipt for payment or
22determination of exemption from the Department, no certificate
23of title shall be issued to the applicant. If, after the
24issuance of the certificate of title and display certificate
25of title, the proof of payment of the tax or of nonliability
26therefor is found to be invalid, the Department of Natural

 

 

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1Resources shall revoke the certificate and require that the
2certificate of title and, when applicable, the display
3certificate of title be returned to the Department of Natural
4Resources.
5    (f) If the application refers to a watercraft sold at
6public sale by a sheriff, it must be accompanied by the
7required fee and a bill of sale issued and signed by a sheriff.
8The bill of sale must identify the new owner's name and
9address, the year model, make, watercraft identification
10number, and hull number of the watercraft, the court order
11authorizing such a sale, if applicable, and the name and
12address of any lienholders in order of priority, if
13applicable.
14    (g) If the application refers to a watercraft for which a
15court of law determined the ownership, it must be accompanied
16with a certified copy of such court order and the required fee.
17The court order must indicate the new owner's name and
18address, the complete description of the watercraft, if known,
19the name and address of the lienholder, if any, and must be
20signed and dated by the judge issuing the order.
21    (h) If the application refers to a watercraft sold at
22public auction pursuant to the Labor and Storage Lien (Small
23Amount) Act, it must be accompanied by an affidavit or
24affirmation furnished by the Department of Natural Resources
25along with the documents described in the affidavit or
26affirmation and the required fee.

 

 

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1(Source: P.A. 91-357, eff. 7-29-99.)
 
2    (625 ILCS 45/3A-4)  (from Ch. 95 1/2, par. 313A-4)
3    Sec. 3A-4. Examination of records. The Department of
4Natural Resources, upon receiving application for a first
5certificate of title, shall check the identifying description
6of the watercraft shown in the application against the records
7required to be maintained by Section 3A-5 of this Article and
8against the record of stolen and converted watercraft required
9to be maintained by Section 3A-6 of this Article.
10(Source: P.A. 89-445, eff. 2-7-96.)
 
11    (625 ILCS 45/3A-5)  (from Ch. 95 1/2, par. 313A-5)
12    Sec. 3A-5. Certificate of title - Issuance - Records.
13    (a) The Department of Natural Resources shall file each
14application received and, when satisfied as to its genuineness
15and regularity, and that no tax imposed by the Use Tax Act or
16the Watercraft Use Tax Law is owed as evidenced by the receipt
17for payment or determination of exemption from the Department
18of Revenue provided for in Section 3A-3 of this Article, and
19that the applicant is entitled to the issuance of a
20certificate of title, shall issue a certificate of title.
21    (b) The Department of Natural Resources shall maintain a
22record of all certificates of title, junking certificates, and
23salvage certificates issued under a distinctive title number
24assigned to the watercraft and, in the discretion of the

 

 

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1Department, in any other method determined.
2(Source: P.A. 93-840, eff. 7-30-04.)
 
3    (625 ILCS 45/3A-7)  (from Ch. 95 1/2, par. 313A-7)
4    Sec. 3A-7. Contents and effect.
5    (a) Each certificate of title issued by the Department of
6Natural Resources shall contain:
7        1. The date issued;
8        2. The name and address of the owner;
9        3. The names and addresses of any lienholders, in the
10    order of priority as shown on the application or, if the
11    application is based on a certificate of title, as shown
12    on the certificate;
13        4. The title number assigned to the watercraft;
14        5. A description of the watercraft including, so far
15    as the following data exists: its make, model, year of
16    manufacture, registration number, and manufacturer's
17    serial number or, if none, the builder's hull number,
18    length, purchase date, and the principal material used in
19    construction;
20        6. Any other data the Department of Natural Resources
21    prescribes.
22    (b) The certificate of title shall contain forms for
23assignment and warranty of title by the owner, and for
24assignment and warranty of title by a dealer, and may contain
25forms for applications for a certificate of title by a

 

 

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1transferee, the naming of a lienholder and the assignment or
2release of the security interest of a lienholder.
3    (b-5) The Department shall designate on the certificate of
4title a space where the owner of a watercraft may designate a
5beneficiary, to whom ownership of the watercraft shall pass in
6the event of the owner's death.
7    (c) A certificate of title issued by the Department of
8Natural Resources is prima facie evidence of the facts
9appearing on it.
10    (d) A certificate of title is not subject to garnishment,
11attachment, execution or other judicial process, but this
12subsection does not prevent a lawful levy upon the watercraft.
13    (e) Any certificate of title issued by the Department of
14Natural Resources is subject to a lien in favor of the State of
15Illinois for any fees or taxes required to be paid under this
16Act and as have not been paid, as provided for in this Act.
17(Source: P.A. 89-445, eff. 2-7-96.)
 
18    (625 ILCS 45/3A-8)  (from Ch. 95 1/2, par. 313A-8)
19    Sec. 3A-8. Presumption of tenancy. When a certificate of
20title is made out to 2 or more persons a husband and wife with
21the marital relationship shown on the certificate, it shall be
22presumed, unless stated otherwise, that the title is held as
23joint tenants with right of survivorship.
24(Source: P.A. 81-1199.)
 

 

 

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1    (625 ILCS 45/3A-10)  (from Ch. 95 1/2, par. 313A-10)
2    Sec. 3A-10. Refusing certificate of title. The Department
3of Natural Resources shall refuse issuance of a certificate of
4title if any required fee is not paid or if the Department he
5has reasonable grounds to believe that:
6    (a) The applicant is not the owner of the watercraft;
7    (b) The application contains a false or fraudulent
8statement; or
9    (c) The applicant fails to furnish required information or
10documents or any additional information the Department of
11Natural Resources reasonably requires;
12    (d) The applicant has not paid any fees or taxes due under
13this Act and have not been paid upon reasonable notice and
14demand.
15(Source: P.A. 89-445, eff. 2-7-96.)
 
16    (625 ILCS 45/3A-11)  (from Ch. 95 1/2, par. 313A-11)
17    Sec. 3A-11. Lost, stolen or mutilated certificates.
18    (a) If a certificate of title, junking certificate, or
19salvage certificate is lost, stolen, mutilated or destroyed or
20becomes illegible, the first lienholder or, if none, the owner
21or legal representative of the owner named in the certificate,
22as shown by the records of the Department of Natural
23Resources, shall promptly make application for and may obtain
24a duplicate upon furnishing information satisfactory to the
25Department of Natural Resources. The duplicate certificate of

 

 

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1title shall contain the legend "This is a duplicate
2certificate and may be subject to the rights of a person under
3the original certificate." It shall be mailed to the first
4lienholder named in it or, if none, to the owner.
5    (b) The Department of Natural Resources shall not issue a
6duplicate certificate of title to any person within 15 days
7after the issuance of an original certificate of title to such
8person.
9    (c) A person recovering an original certificate of title
10for which a duplicate has been issued shall promptly surrender
11the original certificate to the Department of Natural
12Resources.
13(Source: P.A. 89-445, eff. 2-7-96.)
 
14    (625 ILCS 45/3A-12)  (from Ch. 95 1/2, par. 313A-12)
15    Sec. 3A-12. Transfer.
16    (a) If an owner transfers his interest in a watercraft
17other than by the creation of a security interest, he shall, at
18the time of the delivery, execute an assignment and warranty
19of title to the transferee in the space provided therefor on
20the certificate or as the Department of Natural Resources
21prescribes and cause the certificate and assignment to be
22mailed or delivered to the transferee or to the Department of
23Natural Resources.
24    (b) Except as provided in Section 3A-14 of this Article,
25the transferee shall, promptly and within 15 days after

 

 

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1delivery to him of the watercraft and the assigned certificate
2of title or salvage certificate, execute the application for a
3new certificate of title or salvage certificate in the space
4provided therefor on the certificate or as the Department of
5Natural Resources prescribes, and cause the certificate and
6application to be mailed or delivered to the Department of
7Natural Resources.
8    (c) Upon request of the owner or transferee, a lienholder
9in possession of the certificate of title or salvage
10certificate shall, unless the transfer was a breach of his
11security agreement, either deliver the certificate to the
12transferee for delivery to the Department of Natural Resources
13or, upon receipt from the transferee of the owner's
14assignment, the transferee's application for a new certificate
15and the required fee, mail or deliver them to the Department of
16Natural Resources. The delivery of the certificate does not
17affect the rights of the lienholder under his security
18agreement.
19    (d) If a security interest is reserved or created at the
20time of the transfer, the certificate of title or salvage
21certificate shall be retained by or delivered to the person
22who becomes the lienholder, and the parties shall comply with
23the provisions of Section 3B-3 of Article IIIB.
24    (e) Except as provided in Section 3A-14 of this Article
25and as between the parties, a transfer by an owner is not
26effective until the provisions of this Section and Section

 

 

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13A-16 of this Article have been complied with; however, an
2owner who has delivered possession of the watercraft to the
3transferee and has complied with the provisions of this
4Section and Section 3A-16 of this Article requiring action by
5him as not liable as owner for any damages thereafter
6resulting from operation of the watercraft.
7    (f) The Department of Natural Resources may decline to
8process any application for a transfer of an interest in a
9watercraft if any fees or taxes due under this Act from the
10transferor or the transferee have not been paid upon
11reasonable notice and demand.
12(Source: P.A. 89-445, eff. 2-7-96.)
 
13    (625 ILCS 45/3A-14)  (from Ch. 95 1/2, par. 313A-14)
14    Sec. 3A-14. Transfer to or from dealer - Records.
15    (a) If a dealer buys a watercraft and holds it for resale
16and procures the certificate of title or salvage certificate
17from the owner or the lienholder within 10 days after delivery
18to him of the watercraft, he need not send the certificate to
19the Department of Natural Resources but, upon transferring the
20watercraft to another person other than by the creation of a
21security interest, shall promptly and within 15 days execute
22the assignment and warranty of title by a dealer, showing the
23names and addresses of the transferee and of any lienholder
24holding a security interest created or reserved at the time of
25the resale and the date of his security agreement, in the

 

 

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1spaces provided therefor on the certificate or as the
2Department of Natural Resources prescribes, and mail or
3deliver the certificate to the Department with the
4transferee's application for a new certificate.
5    (b) Every dealer shall maintain for 3 years a record in the
6form the Department of Natural Resources prescribes of every
7watercraft bought, sold or exchanged by him, or received by
8him for sale or exchange, which shall be open to inspection by
9a representative of the Department of Natural Resources or
10peace officer during reasonable business hours.
11    (c) The Department of Natural Resources may decline to
12process any application for a transfer of an interest in a
13watercraft if any fees or taxes due under this Act from the
14transferor or the transferee have not been paid upon
15reasonable notice and demand.
16(Source: P.A. 89-445, eff. 2-7-96.)
 
17    (625 ILCS 45/3A-15)  (from Ch. 95 1/2, par. 313A-15)
18    Sec. 3A-15. Transfer by operation of law.
19    (a) If the interest of an owner in a watercraft passes to
20another other than by voluntary transfer, the transferee
21shall, except as provided in subsection (b), promptly mail or
22deliver within 15 days to the Department of Natural Resources
23the last certificate of title or salvage certificate, if
24available, proof of the transfer, and his or her application
25for a new certificate in the form the Department prescribes.

 

 

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1It shall be unlawful for any person having possession of a
2certificate of title or salvage certificate for a watercraft
3by reason of his or her having a lien or encumbrance on such
4watercraft, to fail or refuse to deliver such certificate to
5the owner, upon the satisfaction or discharge of the lien or
6encumbrance, indicated upon such certificate of title or
7salvage certificate.
8    (b) If the interest of an owner in a watercraft passes to
9another under the provisions of the Small Estates provisions
10of the Probate Act of 1975, as amended, the transferee shall
11promptly mail or deliver to the Department of Natural
12Resources, within 120 days, the last certificate of title or
13salvage certificate, if available, the documentation required
14under the provisions of the Probate Act of 1975, as amended,
15and an application for certificate of title or salvage
16certificate. The transfer may be to the transferee or to the
17nominee of the transferee.
18    (c) If the interest of an owner in a watercraft passes to
19another under other provisions of the Probate Act of 1975, as
20amended, and the transfer is made by an executor,
21administrator, or guardian for a person with a disability,
22such transferee shall promptly mail or deliver to the
23Department of Natural Resources, the last certificate of title
24or salvage certificate, if available, and a certified copy of
25the letters testamentary, letters of administration or letters
26of guardianship, as the case may be, and an application for a

 

 

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1certificate of title or salvage certificate. Such application
2shall be made before the estate is closed. The transfer may be
3to the transferee or to the nominee of the transferee.
4    (d) If the interest of an owner in joint tenancy passes to
5the other joint tenant with survivorship rights as provided by
6law, the transferee shall promptly mail or deliver to the
7Department of Natural Resources, the last certificate of title
8or salvage certificate, if available, proof of death of the
9one joint tenant and survivorship of the surviving joint
10tenant, and an application for certificate of title or salvage
11certificate. Such application shall be made within 120 days
12after the death of the joint tenant. The transfer may be to the
13transferee or to the nominee of the transferee.
14    (d-5) If the interest of an owner passes to the owner's
15spouse or if the spouse otherwise acquires ownership of the
16watercraft, then the transferee shall promptly mail or deliver
17to the Department of Natural Resources proof of (i) the
18owner's death; (ii) the transfer or acquisition of ownership;
19and (iii) proof of the marital relationship between the owner
20and the transferee, along with the last certificate of title
21or salvage certificate, if available, and an application for a
22certificate of title or salvage certificate along with the
23appropriate fees and taxes, if applicable. The application
24shall be made within 180 days after the death of the owner.
25    (d-10) The Department of Natural Resources shall transfer
26a decedent's certificate of title or salvage certificate to

 

 

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1any legatee, representative, or heir of the decedent who
2submits to the Department a death certificate and an affidavit
3by an attorney at law on the letterhead stationery of the
4attorney at law stating the facts of the transfer.
5    (e) If the interest of the owner is terminated or the
6watercraft is sold under a security agreement by a lienholder
7named in the certificate of title or salvage certificate, the
8transferee shall promptly mail or deliver within 15 days to
9the Department of Natural Resources the last certificate of
10title or salvage certificate, his or her application for a new
11certificate in the form the Department prescribes, and an
12affidavit made by or on behalf of the lienholder that the
13watercraft was repossessed and that the interest of the owner
14was lawfully terminated or sold pursuant to the terms of the
15security agreement. In all cases wherein a lienholder has
16found it necessary to repossess a watercraft and desires to
17obtain a certificate of title or salvage certificate for such
18watercraft in the name of such lienholder, the Department of
19Natural Resources shall not issue a certificate of title or
20salvage certificate to such lienholder unless the person from
21whom such watercraft has been repossessed, is shown to be the
22last registered owner of such watercraft and such lienholder
23establishes to the satisfaction of the Department that he or
24she is entitled to such certificate of title or salvage
25certificate.
26    (f) A person holding a certificate of title or salvage

 

 

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1certificate whose interest in the watercraft has been
2extinguished or transferred other than by voluntary transfer
3shall mail or deliver the certificate within 15 days upon
4request of the Department of Natural Resources. The delivery
5of the certificate pursuant to the request of the Department
6of Natural Resources does not affect the rights of the person
7surrendering the certificate, and the action of the Department
8in issuing a new certificate of title or salvage certificate
9as provided herein is not conclusive upon the rights of an
10owner or lienholder named in the old certificate.
11    (g) The Department of Natural Resources may decline to
12process any application for a transfer of an interest
13hereunder if any fees or taxes due under this Act from the
14transferor or the transferee have not been paid upon
15reasonable notice and demand.
16    (h) The Department of Natural Resources shall not be held
17civilly or criminally liable to any person because any
18purported transferor may not have had the power or authority
19to make a transfer of any interest in any watercraft or because
20a certificate of title, junking certificate, or salvage
21certificate issued in error is subsequently used to commit a
22fraudulent act.
23    (i) In all cases in which a lienholder has repossessed a
24watercraft by other than judicial process and holds it for
25resale under a security agreement, and the owner of record has
26executed an assignment of the existing certificate of title or

 

 

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1salvage certificate after default, the lienholder may proceed
2to sell or otherwise dispose of the watercraft as authorized
3under the Uniform Commercial Code. Upon selling the watercraft
4to another person, the lienholder need not send the
5certificate of title or salvage certificate to the Department
6of Natural Resources, but shall promptly and within 20 days
7mail or deliver to the purchaser as transferee the existing
8certificate of title or salvage certificate for the
9repossessed watercraft, reflecting the release of the
10lienholder's security interest in the watercraft. The
11application for a certificate of title made by the purchaser
12shall comply with subsection (a) of Section 3A-3 or subsection
13(a) of Section 3A-22 and be accompanied by the existing
14certificate of title or salvage certificate for the
15repossessed watercraft. The lienholder shall execute the
16assignment and warranty of title showing the name and address
17of the purchaser in the spaces provided therefor on the
18certificate of title or salvage certificate or as the
19Department of Natural Resources prescribes. The lienholder
20shall complete the assignment of title in the certificate of
21title or salvage certificate to reflect the transfer of the
22watercraft to the lienholder and also a reassignment to
23reflect the transfer from the lienholder to the purchaser. For
24this purpose, the lienholder is specifically authorized to
25complete and execute the space reserved in the certificate of
26title or salvage certificate for a dealer reassignment,

 

 

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1notwithstanding that the lienholder is not a licensed dealer.
2Nothing in this subsection shall be construed to mean that the
3lienholder is taking title to the repossessed watercraft for
4purposes of liability for retailer occupation, watercraft use,
5or other tax with respect to the proceeds from the
6repossession sale. Delivery of the existing certificate of
7title or salvage certificate to the purchaser shall be deemed
8disclosure to the purchaser of the owner of the watercraft.
9    (j) Subject to subsection (o), in all cases in which a
10lienholder has repossessed a watercraft by other than judicial
11process and holds it for resale under a security agreement,
12and the owner of record has not executed an assignment of the
13existing certificate of title or salvage certificate:
14        (1) Prior to sale, the lienholder shall deliver or
15    mail to the owner at the owner's last known address and to
16    any other lienholder of record a notice of redemption
17    setting forth the following information:
18            (i) the name of the owner of record and in bold
19        type at or near the top of the notice a statement that
20        the owner's watercraft was repossessed on a specified
21        date for failure to make payments on the loan (or other
22        reason);
23            (ii) a description of the watercraft subject to
24        the lien sufficient to identify it;
25            (iii) the right of the owner to redeem the
26        watercraft;

 

 

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1            (iv) the lienholder's intent to sell or otherwise
2        dispose of the watercraft after the expiration of 21
3        days from the date of mailing or delivery of the
4        notice; and
5            (v) the name, address, and telephone number of the
6        lienholder from whom information may be obtained
7        concerning the amount due to redeem the watercraft and
8        from whom the watercraft may be redeemed under Section
9        9-623 of the Uniform Commercial Code.
10        At the lienholder's option, the information required
11    to be set forth in this notice of redemption may be made a
12    part of or accompany the notification of sale or other
13    disposition required under Section 9-611 of the Uniform
14    Commercial Code, but none of the information required by
15    this notice shall be construed to impose any requirement
16    under Article 9 of the Uniform Commercial Code.
17        (2) Upon selling the watercraft to another person, the
18    lienholder need not send the certificate of title or
19    salvage certificate to the Department of Natural
20    Resources, but shall promptly and within 20 days mail or
21    deliver the following to the purchaser as transferee:
22            (i) the existing certificate of title or salvage
23        certificate for the repossessed watercraft, reflecting
24        the release of the lienholder's security interest in
25        the watercraft; and
26            (ii) an affidavit of repossession, made by or on

 

 

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1        behalf of the lienholder, that provides the following
2        information: that the watercraft was repossessed, a
3        description of the watercraft sufficient to identify
4        it, whether the watercraft has been damaged in excess
5        of 33 1/3% of its fair market value as required under
6        subdivision (b)(3) of Section 3A-19, that the owner
7        and any other lienholder of record were given the
8        notice required in paragraph (1), that the interest of
9        the owner was lawfully terminated or sold pursuant to
10        the terms of the security agreement, and the
11        purchaser's name and address.
12        If the watercraft is damaged in excess of 33 1/3% of
13    its fair market value, the lienholder shall apply for a
14    salvage certificate or junking certificate under Section
15    3A-19.
16        (3) The application for a certificate of title or
17    salvage certificate made by the purchaser shall comply
18    with subsection (a) of Section 3A-3 or subsection (a) of
19    Section 3A-22 and be accompanied by the affidavit of
20    repossession furnished by the lienholder and the existing
21    certificate of title or salvage certificate for the
22    repossessed watercraft. The lienholder shall execute the
23    assignment and warranty of title showing the name and
24    address of the purchaser in the spaces provided therefor
25    on the certificate of title or salvage certificate or as
26    the Department of Natural Resources prescribes. The

 

 

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1    lienholder shall complete the assignment of title in the
2    certificate of title or salvage certificate to reflect the
3    transfer of the watercraft to the lienholder and also a
4    reassignment to reflect the transfer from the lienholder
5    to the purchaser. For this purpose, the lienholder is
6    specifically authorized to execute the assignment on
7    behalf of the owner as seller if the owner has not done so
8    and to complete and execute the space reserved in the
9    certificate of title for a dealer reassignment,
10    notwithstanding that the lienholder is not a licensed
11    dealer. Nothing herein shall be construed to mean that the
12    lienholder is taking title to the repossessed watercraft
13    for purposes of liability for retailer occupation,
14    watercraft use, or other tax with respect to the proceeds
15    from the repossession sale. Delivery of the existing
16    certificate of title or salvage certificate to the
17    purchaser shall be deemed disclosure to the purchaser of
18    the owner of the watercraft. If the lienholder does not
19    hold the certificate of title or salvage certificate for
20    the repossessed watercraft, the lienholder shall apply for
21    and may obtain a new certificate of title or salvage
22    certificate in the name of the lienholder upon furnishing
23    information satisfactory to the Department of Natural
24    Resources. Upon receiving the new certificate of title or
25    salvage certificate, the lienholder may proceed with the
26    sale described in this paragraph, except that, upon

 

 

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1    selling the watercraft, the lienholder shall promptly and
2    within 20 days mail or deliver to the purchaser the new
3    certificate of title or salvage certificate reflecting the
4    assignment and transfer of title to the purchaser.
5    (k)(1) Subject to subsection (o), if, at the time of
6repossession by a lienholder that is seeking to transfer title
7pursuant to subsection (j), the owner has paid an amount equal
8to 30% or more of the deferred payment price or total of
9payments due, the owner may, within 21 days of the date of
10repossession, reinstate the contract or loan agreement and
11recover the watercraft from the lienholder by tendering in a
12lump sum:
13        (i) the total of all unpaid amounts, including any
14    unpaid delinquency or deferral charges due at the date of
15    reinstatement, without acceleration;
16        (ii) performance necessary to cure any default other
17    than nonpayment of the amounts due; and
18        (iii) all reasonable costs and fees incurred by the
19    lienholder in retaking, holding, and preparing the
20    watercraft for disposition and in arranging for the sale
21    of the watercraft.
22    Reasonable costs and fees incurred by the lienholder
23include, without limitation, repossession and storage expenses
24and, if authorized by the contract or loan agreement,
25reasonable attorney's fees and collection agency charges.
26    (2) Tender of payment and performance pursuant to this

 

 

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1limited right of reinstatement restores to the owner his or
2her rights under the contract or loan agreement as though no
3default had occurred. The owner has the right to reinstate the
4contract or loan agreement and recover the watercraft from the
5lienholder only once under this subsection. The lienholder
6may, in the lienholder's sole discretion, extend the period
7during which the owner may reinstate the contract or loan
8agreement and recover the watercraft beyond the 21 days
9allowed under this subsection, and the extension shall not
10subject the lienholder to liability to the owner under the
11laws of this State.
12    (3) The lienholder shall deliver or mail to the owner at
13the owner's last known address, within 3 business days of the
14date of repossession, written notice of the owner's right to
15reinstate the contract or loan agreement and recover the
16watercraft pursuant to the limited right of reinstatement
17described in this subsection. At the lienholder's option, the
18information required to be set forth in this notice of
19reinstatement may be made part of or accompany the notice of
20redemption required in subdivision (j)(1) of this Section and
21the notification of sale or other disposition required under
22Section 9-611 of the Uniform Commercial Code, but none of the
23information required by this notice of reinstatement shall be
24construed to impose any requirement under Article 9 of the
25Uniform Commercial Code.
26    (4) The reinstatement period, if applicable, and the

 

 

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1redemption period described in subdivision (j)(1) of this
2Section, shall run concurrently if the information required to
3be set forth in the notice of reinstatement is part of or
4accompanies the notice of redemption. In any event, the 21-day
5redemption period described in subdivision (j)(1) of this
6Section shall commence on the date of mailing or delivery to
7the owner of the information required to be set forth in the
8notice of redemption, and the 21-day reinstatement period
9described in this subsection, if applicable, shall commence on
10the date of mailing or delivery to the owner of the information
11required to be set forth in the notice of reinstatement.
12    (5) The Department of Natural Resources shall not
13determine the merits of an owner's claim of right to
14reinstatement, nor consider any allegations or assertions
15regarding the validity or invalidity of a lienholder's claim
16to the watercraft or an owner's asserted right to
17reinstatement. If a lienholder is subject to licensing and
18regulatory supervision by the State of Illinois, the
19lienholder shall be subject to all of the powers and authority
20of the lienholder's primary State regulator to enforce
21compliance with the procedures set forth in this subsection.
22    (l) In all cases in which a lienholder has repossessed a
23watercraft by judicial process and holds it for resale under a
24security agreement, order for replevin, or other court order
25establishing the lienholder's right to possession of the
26watercraft, the lienholder may proceed to sell or otherwise

 

 

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1dispose of the watercraft as authorized under the Uniform
2Commercial Code or the court order. Upon selling the
3watercraft to another person, the lienholder need not send the
4certificate of title or salvage certificate to the Department
5of Natural Resources, but shall promptly and within 20 days
6mail or deliver to the purchaser as transferee:
7        (i) the existing certificate of title or salvage
8    certificate for the repossessed watercraft reflecting the
9    release of the lienholder's security interest in the
10    watercraft;
11        (ii) a certified copy of the court order; and
12        (iii) a bill of sale identifying the new owner's name
13    and address and the year, make, model, and hull
14    identification number.
15    The application for a certificate of title made by the
16purchaser shall comply with subsection (a) of Section 3A-3,
17the application for a salvage certificate made by the
18purchaser shall comply with subsection (a) of Section 3A-22,
19and be accompanied by the certified copy of the court order
20furnished by the lienholder and the existing certificate of
21title or salvage certificate for the repossessed watercraft.
22The lienholder shall execute the assignment and warranty of
23title showing the name and address of the purchaser in the
24spaces provided therefor on the certificate of title, salvage
25certificate, or as the Department of Natural Resources
26prescribes. The lienholder shall complete the assignment of

 

 

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1title in the certificate of title or salvage certificate to
2reflect the transfer of the watercraft to the lienholder and
3also a reassignment to reflect the transfer from the
4lienholder to the purchaser. For this purpose, the lienholder
5is specifically authorized to execute the assignment on behalf
6of the owner as seller if the owner has not done so and to
7complete and execute the space reserved in the certificate of
8title or salvage certificate for a dealer reassignment,
9notwithstanding that the lienholder is not a licensed dealer.
10Nothing in this subsection shall be construed to mean that the
11lienholder is taking title to the repossessed watercraft for
12purposes of liability for retailer occupation, watercraft use,
13or other taxes with respect to the proceeds from the
14repossession sale. Delivery of the existing certificate of
15title or salvage certificate to the purchaser shall be deemed
16disclosure to the purchaser of the owner of the watercraft. If
17the lienholder does not hold the certificate of title or
18salvage certificate for the repossessed watercraft, the
19lienholder shall apply for and may obtain a new certificate of
20title or salvage certificate in the name of the lienholder
21upon furnishing information satisfactory to the Department of
22Natural Resources. Upon receiving the new certificate of title
23or salvage certificate, the lienholder may proceed with the
24sale described in this subsection, except that upon selling
25the watercraft, the lienholder shall promptly and within 20
26days mail or deliver to the purchaser the new certificate of

 

 

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1title or salvage certificate reflecting the assignment and
2transfer of title to the purchaser.
3    (m) The Department of Natural Resources shall not issue a
4certificate of title or salvage certificate to a purchaser
5under subsection (i), (j), or (l) unless the person from whom
6the watercraft has been repossessed by the lienholder is shown
7to be the last registered owner of the watercraft. The
8Department of Natural Resources may provide by rule for the
9standards to be followed by a lienholder in assigning and
10transferring certificates of title or salvage certificates
11with respect to repossessed watercraft.
12    (n) If applying for a salvage certificate or a junking
13certificate, the lienholder shall make an application within
1420 days to the Department of Natural Resources for a salvage
15certificate or a junking certificate as set forth in this Act.
16The Department of Natural Resources shall not issue a salvage
17certificate or a junking certificate to such a lienholder
18unless the person from whom such a watercraft has been
19repossessed is shown to be the last registered owner of the
20watercraft and the lienholder establishes to the satisfaction
21of the Department of Natural Resources that the lienholder is
22entitled to a salvage certificate or junking certificate. The
23Department of Natural Resources may provide by rule for the
24standards to be followed by a lienholder in order to obtain a
25salvage certificate or junking certificate for a repossessed
26watercraft.

 

 

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1    (o) If the repossessed watercraft is the subject of a
2bankruptcy proceeding or discharge:
3        (1) the lienholder may proceed to sell or otherwise
4    dispose of the watercraft as authorized by the Bankruptcy
5    Code and the Uniform Commercial Code;
6        (2) the notice of redemption and notice of
7    reinstatement otherwise required to be sent by the
8    lienholder to the owner of record or other lienholder of
9    record under this Section are not required to be delivered
10    or mailed;
11        (3) the requirement to delay disposition of the
12    watercraft for 21 days under subsection (j) or (k) does
13    not apply;
14        (4) the affidavit of repossession that is required
15    under subdivision (j)(3) shall contain a notation of
16    "bankruptcy" where the affidavit requires the date of the
17    mailing or delivery of the notice of redemption;
18        (5) the right of redemption, the right to assert a
19    defense to the transfer of title, and reinstatement rights
20    under this Section do not apply; and
21        (6) references to judicial process and court orders in
22    subsection (l) of this Section do not include bankruptcy
23    proceedings or orders.
24    The notation of "bankruptcy" under paragraph (4) means the
25lienholder makes no sworn representations regarding the
26mailing or delivery of the notice of redemption or affidavit

 

 

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1of defense or the lienholder's compliance with the
2requirements that otherwise apply to the notices listed in
3this subsection, and makes no sworn representation that the
4lienholder assumes liability or costs for any litigation that
5may arise from the issuance of a certificate of title based on
6the excluded representations.
7(Source: P.A. 99-143, eff. 7-27-15.)
 
8    (625 ILCS 45/3A-16)  (from Ch. 95 1/2, par. 313A-16)
9    Sec. 3A-16. Fees. Fees shall be paid according to the
10following schedule:
11    Certificate of title, salvage
12certificate, or junking certificate .$10
13    Duplicate certificate of title, salvage
14certificate, or junking certificate.7
15    Corrected certificate of title, salvage
16certificate, or junking certificate.7
17    Search..................................7
18(Source: P.A. 97-1136, eff. 1-1-13.)
 
19    (625 ILCS 45/3A-17)  (from Ch. 95 1/2, par. 313A-17)
20    Sec. 3A-17. Transfer of watercraft. A transferor of a
21watercraft other than a dealer transferring a new watercraft,
22shall deliver to the transferee at the time of delivery of
23possession of the watercraft the properly assigned certificate
24of title, salvage certificate, or junking certificate.

 

 

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1(Source: P.A. 85-149.)
 
2    (625 ILCS 45/3A-18)  (from Ch. 95 1/2, par. 313A-18)
3    Sec. 3A-18. Transfer or surrender of certificate of title.
4    (a) Except as provided in this Act, the The Department of
5Natural Resources, upon receipt of a properly assigned
6certificate of title, with an application for a new
7certificate of title, the required fee and any other documents
8required by law, shall issue a new certificate of title in the
9name of the transferee as owner and mail it to the first
10lienholder named in it or, if none, to the owner.
11    (b) Except as provided in this Act, the The Department of
12Natural Resources, upon receipt of an application for a new
13certificate of title by a transferee other than by voluntary
14transfer, with proof of the transfer, the required fee and any
15other documents required by law, shall issue a new certificate
16of title in the name of the transferee as owner. If the
17outstanding certificate of title is not delivered to him, the
18Department shall make demand therefor from the holder thereof.
19    (b-5) The Department of Natural Resources, upon receipt of
20an application for a certificate of title and the required
21fee, may issue a certificate of title to a bona fide purchaser
22of a watercraft from a dealer if the dealer files for
23bankruptcy or is otherwise no longer operating as a dealer and
24does not properly transfer the title application to the bona
25fide purchaser prior to the licensed dealer's business

 

 

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1closure.
2    (c) The Department of Natural Resources shall file and
3retain for 4 years every surrendered Illinois certificate of
4title, the file to be maintained so as to permit the tracing of
5title of the watercraft designated therein.
6    (d) Except as otherwise provided in this Act, the
7Department of Natural Resources, upon the receipt of an
8application for a corrected certificate of title, corrected
9junking certificate, or corrected salvage certificate with the
10original title or certificate, the required fee, and any other
11required documents shall issue a corrected certificate of
12title, junking certificate, or salvage certificate in the name
13of the owner and mail it to the first lienholder named in it
14or, if none, to the owner or owner's designee.
15    (e) Except as otherwise provided in this Act, the
16Department of Natural Resources, upon the receipt of a
17certified copy of a court order awarding ownership to an
18applicant along with an application for a certificate of title
19and the required fee, shall issue a certificate of title to the
20applicant.
21(Source: P.A. 89-445, eff. 2-7-96.)
 
22    (625 ILCS 45/3A-19)  (from Ch. 95 1/2, par. 313A-19)
23    Sec. 3A-19. Salvage and junking certificates; when
24required Scrapping, junking or destroying a watercraft.
25    (a) The owner of a watercraft for which a certificate of

 

 

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1title has been obtained pursuant to Section 3A-1 shall also
2comply with this Section.
3    (b) Except as provided in Section 3A-21 of this Code, a
4person who possesses a junk watercraft shall cause the
5certificate of title, salvage certificate, certificate of
6purchase, or a similarly acceptable out-of-state document of
7ownership to be surrendered within 15 days to the Department
8of Natural Resources, along with an application for a junking
9certificate, whereupon the Department of Natural Resources
10shall issue to such a person a junking certificate, which
11shall authorize the holder thereof to possess, transport, or,
12by an endorsement, transfer ownership in the junked
13watercraft, and a certificate of title shall not again be
14issued for such watercraft. A person who possesses a junk
15watercraft and a certificate of title, salvage certificate,
16certificate of purchase, or a similarly acceptable
17out-of-state document of ownership for such a junk watercraft,
18may transport the junk watercraft to a business that disposes
19of junk watercraft prior to applying for or obtaining a
20junking certificate, by executing a uniform invoice. The
21transferor shall furnish a copy of the uniform invoice to the
22transferee at the time of transfer. In any case, the
23transferor shall apply for a junking certificate in
24conformance with Section 3A-19. The following information
25shall be contained on a uniform invoice:
26        (1) the business name and address of the person

 

 

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1    disposing of the junk watercraft;
2        (2) the name and address of the person acquiring the
3    junk watercraft, and if that person is a scrap dealer as
4    defined in the Illinois Vehicle Code, the Illinois or
5    out-of-state dealer license number of that dealer;
6        (3) the date of the disposition of the junk
7    watercraft;
8        (4) the year, make, model, registration number, color,
9    and description of each junk watercraft disposed of by the
10    person;
11        (5) the manufacturer's hull identification number for
12    each junk watercraft disposed of by the person;
13        (6) the printed name and legible signature of the
14    person or agent disposing of the junk watercraft; and
15        (7) the printed name and legible signature of the
16    person accepting delivery of the junk watercraft.
17    The Department of Natural Resources shall create a form
18for uniform invoices that reflects those watercraft for which
19junking certificates have been or will be applied or issued. A
20uniform invoice may be issued to any person and shall
21constitute evidence of ownership of the watercraft listed upon
22it. A watercraft that is listed on a uniform invoice may be
23transferred only to a person licensed under Section 5-301 of
24the Illinois Vehicle Code as a scrap processor. A uniform
25invoice shall allow the transportation of watercraft listed on
26the uniform invoice to a scrap processor prior to receiving

 

 

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1the junking certificate from the Department of Natural
2Resources.
3    (c) Unless, at the option of an insurance company,
4self-insured company, or owner of a watercraft, the owner has
5obtained a junking certificate for the watercraft, an
6application for a salvage certificate shall be submitted to
7the Department of Natural Resources in any of the following
8situations:
9        (1) When an insurance company makes a payment of
10    damages on a total loss claim for a watercraft, the
11    insurance company shall be deemed to be the owner of such a
12    watercraft and the watercraft shall be considered to be
13    salvage, except that ownership of (i) a watercraft that
14    has incurred only hail damage that does not affect the
15    operational safety of the watercraft; or (ii) any
16    watercraft 9 model years of age or older may, by agreement
17    between the registered owner and the insurance company, be
18    retained by the registered owner of such a watercraft. The
19    insurance company shall promptly deliver or mail within 20
20    days the certificate of title along with proper
21    application and fee to the Department of Natural
22    Resources, and a salvage certificate shall be issued in
23    the name of the insurance company. Notwithstanding the
24    foregoing, an insurer making payment of damages on a total
25    loss claim for the theft of a watercraft shall not be
26    required to apply for a salvage certificate unless the

 

 

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1    watercraft is recovered and has incurred damage that
2    initially would have caused the watercraft to be declared
3    a total loss by the insurer.
4        (2) When a watercraft of a self-insured company is to
5    be sold in this State and has sustained damage by
6    collision, fire, theft, corrosion, or other means so that
7    the self-insured company determines the watercraft to be a
8    total loss, or if the cost of repairing the damage,
9    including labor, would be greater than 70% of the fair
10    market value of the watercraft without that damage, the
11    watercraft shall be considered salvage. The self-insured
12    company shall promptly deliver the certificate of title
13    along with proper application and fee to the Department of
14    Natural Resources, and a salvage certificate shall be
15    issued in the name of the self-insured company. A
16    self-insured company making payment of damages on a total
17    loss claim for the theft of a watercraft may exchange the
18    salvage certificate for a certificate of title if the
19    watercraft is recovered without damage. In such a
20    situation, the self-insured shall fill out and sign a form
21    prescribed by the Department of Natural Resources that
22    contains an affirmation under penalty of perjury that the
23    watercraft was recovered without damage and the Department
24    of Natural Resources, by rule, may require photographs to
25    be submitted.
26        (3) When an owner of a watercraft that is not covered

 

 

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1    by an insurance policy and the watercraft is to be sold in
2    this State and has sustained damage by collision, fire,
3    theft, corrosion, or other means so that the owner
4    determines the watercraft to be a total loss, or if the
5    cost of repairing the damage, including labor, would be
6    greater than 70% of the fair market value of the
7    watercraft without that damage, the watercraft shall be
8    considered salvage. Within 15 days, the owner shall
9    deliver the certificate of title along with proper
10    application and fee to the Department of Natural
11    Resources, and a salvage certificate shall be issued in
12    the name of the owner.
13        (4) When the ownership of a watercraft has been
14    transferred to any person through a certificate of
15    purchase from acquisition of the watercraft at an auction
16    or other dispositions as set forth in Sections 3C-8 and
17    3C-9, the watercraft shall be deemed salvage or junk at
18    the option of the purchaser. The person acquiring such a
19    watercraft in such a manner shall promptly deliver or
20    mail, within 15 days after the acquisition of the
21    watercraft, the certificate of purchase and the proper
22    application and fee to the Department of Natural
23    Resources, and a salvage certificate or junking
24    certificate shall be issued in the name of that person.
25    The salvage certificate or junking certificate issued by
26    the Department of Natural Resources under this Section

 

 

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1    shall be free of any lien that existed against the
2    watercraft prior to the time the watercraft was acquired
3    by the applicant under this Act.
4        (5) A watercraft that has been repossessed by a
5    lienholder shall be considered to be salvage only when the
6    repossessed watercraft, on the date of repossession by the
7    lienholder, has sustained damage by collision, fire,
8    theft, corrosion, or other means so that the cost of
9    repairing such damage, including labor, would be greater
10    than 33 1/3% of its fair market value without the damage.
11    If the lienholder determines that such a watercraft is
12    damaged in excess of 33 1/3% of the fair market value, the
13    lienholder, before sale, transfer or assignment of the
14    watercraft, shall apply for a salvage certificate and
15    shall submit with the application the proper fee and
16    evidence of possession. If the facts required to be shown
17    in subsection (i) of Section 3A-15 are satisfied, the
18    Department of Natural Resources shall issue a salvage
19    certificate in the name of the lienholder making the
20    application. In any case in which the watercraft
21    repossessed is not damaged in excess of 33 1/3% of its fair
22    market value, the lienholder shall comply with the
23    requirements of subsections (i), (j), and (l) of Section
24    3A-15, except that the affidavit of repossession made by
25    or on behalf of the lienholder shall also contain an
26    affirmation under penalty of perjury that the watercraft

 

 

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1    on the date of sale is not damaged in excess of 33 1/3% of
2    its fair market value. If the facts required to be shown in
3    subsection (i) of Section 3A-15 are satisfied, the
4    Department of Natural Resources shall issue a certificate
5    of title as set forth in Section 3A-18 of this Act. The
6    Department of Natural Resources, by rule, may require
7    photographs to be submitted.
8        (6) When a new or used watercraft dealer, or
9    remittance agent, has submitted an application for title
10    to a watercraft that he or she knows or reasonably should
11    know to have sustained damages in excess of 33 1/3% of the
12    watercraft's fair market value without that damage;
13    however, any application for a salvage certificate for a
14    watercraft recovered from theft and acquired from an
15    insurance company shall be made as required by paragraph
16    (1).
17    (d) Any person who without authority acquires, sells,
18exchanges, gives away, transfers, or destroys, or offers to
19acquire, sell, exchange, give away, transfer, or destroy the
20certificate of title to any watercraft that is a junk or
21salvage watercraft shall be guilty of a Class 4 felony for the
22first offense and a Class 2 felony for a subsequent offense.
23    (e) Except as provided under subsection (b), any person
24who knowingly fails to surrender to the Department of Natural
25Resources a certificate of title, salvage certificate,
26certificate of purchase, or similarly acceptable out-of-state

 

 

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1document of ownership as required under this Section is guilty
2of a Class A misdemeanor for a first offense and a Class 4
3felony for a subsequent offense.
4    (e) A junk watercraft may not be operated upon the
5waterways within this State. A violation of this subsection is
6a Class A misdemeanor.
7An owner who scraps, junks or destroys a watercraft, or a
8person who purchases a watercraft as scrap or as a watercraft
9to be junked or destroyed shall immediately cause the
10certificate of title to be mailed or delivered to the
11Department of Natural Resources, and a certificate of title
12shall not again be issued for such watercraft. Upon receipt of
13the certificate of title, the Department shall cancel the
14certificate.
15(Source: P.A. 89-445, eff. 2-7-96.)
 
16    (625 ILCS 45/3A-19.1 new)
17    Sec. 3A-19.1. Salvage certificate; contents and effect.
18    (a) Each salvage certificate 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
25    on the certificate;

 

 

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1        (4) the title number that was previously assigned to
2    the watercraft and the salvage certificate number;
3        (5) a description of the watercraft, including, so far
4    as the following data exists: its make, model, year of
5    manufacture, registration number, manufacturer's serial
6    number or, if none, the builder's hull number, length, the
7    most recent purchase date, and the principal material used
8    in construction;
9        (6) any other data the Department of Natural Resources
10    prescribes.
11    The certificate must include a mark and color that clearly
12identifies the certificate as a salvage certificate.
13    (b) The salvage certificate shall contain forms for
14assignment and warranty of title by the owner and for
15assignment and warranty of title by a dealer and may contain
16forms for applications for a salvage certificate by a
17transferee, the naming of a lienholder, and the assignment or
18release of the security interest of a lienholder.
19    (c) The Department shall designate on a salvage
20certificate a space where the owner of a watercraft may
21designate a beneficiary to whom ownership of the watercraft
22shall pass in the event of the owner's death.
23    (d) A salvage certificate issued by the Department of
24Natural Resources is prima facie evidence of the facts
25appearing on it.
26    (e) A salvage certificate is not subject to garnishment,

 

 

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1attachment, execution, or other judicial process, but this
2subsection does not prevent a lawful levy upon the watercraft.
3    (f) Any salvage certificate issued by the Department of
4Natural Resources is subject to a lien in favor of the State of
5Illinois for any fees or taxes required to be paid under this
6Act and as have not been paid, as provided for in this Act.
7    (g) A watercraft that has been issued a salvage
8certificate may be operated upon the waters of this State.
 
9    (625 ILCS 45/3A-19.2 new)
10    Sec. 3A-19.2. Junk watercraft notification. Beginning
11January 1, 2021, a person licensed as a scrap processor
12pursuant to Section 5-301 of the Illinois Vehicle Code who
13acquires a watercraft with a properly assigned certificate of
14title, a salvage certificate, a junking certificate, a
15certificate of purchase, or a similarly acceptable
16out-of-state document of ownership shall within 15 days of
17acquiring such document, submit it to the Department of
18Natural Resources along with a junk watercraft notification,
19the form and manner for which shall be as prescribed by
20Department of Natural Resources rule or regulation. A scrap
21processor who acquires the above-named documents of ownership
22shall not be required to apply for or obtain a junking
23certificate. The information contained on a junk watercraft
24notification shall be duly recorded by the Department of
25Natural Resources upon the receipt of such notification. The

 

 

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1Department of Natural Resources shall not again issue a
2certificate of title or salvage certificate for any watercraft
3listed on a junk watercraft notification.
 
4    (625 ILCS 45/3A-19.3 new)
5    Sec. 3A-19.3. Junking or salvage certificates; insurance
6company; salvage dealer.
7    (a) Notwithstanding any other provision of law to the
8contrary, an insurance company or salvage dealer, after
9completing a record search for any owner of a watercraft, may
10obtain free of any lien a junking certificate or salvage
11certificate in the insurance company's name by submitting an
12application for a junking certificate or salvage certificate
13to the Department of Natural Resources. The application shall
14include, but is not limited to, proof of full payment, in whole
15or in part, to the watercraft owner or, if applicable, any
16lienholder of record and proof of notice to the watercraft
17owner and any lienholder via certified mail or other proof of
18service that a transfer of title shall occur no earlier than 30
19days after the date the notice is sent. Upon approval of the
20application, the Department shall issue to the insurance
21company a junking certificate or salvage certificate free of
22any lien in the insurance company's name. This subsection
23applies only to a watercraft titled in this State that has been
24through an insurance claims process and the owner of the
25watercraft or lienholder, if applicable, has received

 

 

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1compensation in exchange for relinquishing the ownership
2rights of the watercraft to an insurance company licensed
3under the Illinois Insurance Code and the insurance company is
4unable to obtain an endorsed certificate of title within 30
5days of payment to the owner or lienholder.
6    (b) Notwithstanding any other provision of law to the
7contrary, a salvage dealer, as defined in the Illinois Vehicle
8Code, after completing a record search for any owner of a
9watercraft, may obtain free of any lien a junking certificate
10or salvage certificate in his or her name by submitting an
11application for a junking certificate or a salvage certificate
12to the Department of Natural Resources that includes, but is
13not limited to, proof of notice via certified mail or other
14proof of service to the watercraft owner or any lienholder
15that a transfer of title shall occur no earlier than 30 days
16after the date the notice is sent. The notice shall inform the
17watercraft owner or lienholder that upon payment of any
18applicable charges, the watercraft may be removed from the
19salvage dealer's facility. Upon approval of the application,
20the Department shall issue to the salvage dealer a junking
21certificate or salvage certificate free of any lien in the
22salvage dealer's name. This subsection applies only to a
23watercraft titled in this State and in possession of a salvage
24dealer by request of an insurance company licensed under the
25Illinois Insurance Code or nonprofit organization under the
26Internal Revenue Code to take possession of the watercraft

 

 

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1subject to an insurance claim or charity donation and the
2insurance company denies coverage of the watercraft or the
3insurance company or nonprofit organization does not take
4ownership of the watercraft within 45 days of possession by
5the salvage dealer.
6    (c) A watercraft owner or lienholder may send notice of a
7dispute of the transfer of title under this Section within 30
8days after the required notice is sent by the insurance
9company or salvage dealer. If a dispute between a watercraft
10owner or lienholder and an insurance company or salvage dealer
11cannot be resolved within 45 days after the required notice to
12the watercraft owner or lienholder is sent, the watercraft
13owner or lienholder, within 90 days after sending notice of
14dispute, shall petition a court of competent jurisdiction for
15an order to determine ownership of the watercraft and shall
16notify the Department of Natural Resources of the filing of
17the petition. If a watercraft owner or lienholder does not
18file a petition within the 90-day period, the title to the
19watercraft shall be issued to the insurance company or salvage
20dealer under this Section.
21    (d) Any person who without authority acquires, sells,
22exchanges, gives away, transfers, or destroys, or offers to
23acquire, sell, exchange, give away, transfer, or destroy, the
24certificate of title to any watercraft that is a junk or
25salvage watercraft shall be guilty of a Class 3 felony.
26    (e) Any person who knowingly fails to surrender to the

 

 

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1Department of Natural Resources a certificate of title,
2salvage certificate, or certificate of purchase is guilty of a
3Class A misdemeanor for a first offense and a Class 4 felony
4for a second and subsequent offense.
5    (f) A junk watercraft may not be operated upon the
6waterways within this State. A violation of this subsection is
7a Class A misdemeanor.
8    (g) The Department of Natural Resources may adopt rules to
9implement this Section.
 
10    (625 ILCS 45/3A-19.4 new)
11    Sec. 3A-19.4. Application for salvage certificate or
12junking certificate; contents.
13    (a) An application for a salvage certificate or junking
14certificate shall be made upon the forms prescribed by the
15Department of Natural Resources and contain:
16        (1) the name and address of the owner;
17        (2) a description of the watercraft, including, so far
18    as the following data exists: its make, model year, hull
19    identification number, hull material, boat type, whether
20    new or used, and current or expired registration number;
21        (3) the date of purchase by applicant; and
22        (4) any further information reasonably required by the
23    Department of Natural Resources.
24    (b) A salvage certificate or junking certificate may be
25assigned to anyone.
 

 

 

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1    (625 ILCS 45/3A-21)  (from Ch. 95 1/2, par. 313A-21)
2    Sec. 3A-21. Offenses relating to titling; felonies.
3Violation of any of the following provisions shall constitute
4a Class 2 felony:
5    (a) No person shall alter, forge or counterfeit any
6certificate of title or a manufacturer's or importer's
7certificate to a watercraft.
8    (b) No person shall alter or falsify any assignment of a
9certificate of title, or an assignment or cancellation of a
10security interest on a certificate of title to a watercraft.
11    (c) No person shall hold or use a certificate of title to a
12watercraft nor hold or use any assignment or cancellation of a
13security interest on a certificate of title to a watercraft,
14knowing it to have been altered, forged, counterfeited or
15falsified.
16    (d) No person shall use a false or fictitious name or
17address, or make any material false statement, or conceal any
18material fact, in an application for a certificate of title,
19or in a bill of sale or sworn statement of ownership.
20    (e) No person shall procure or attempt to procure a
21certificate of title to a watercraft, or pass or attempt to
22pass a certificate of title or any assignment thereof to a
23watercraft, knowing or having reason to believe that such
24watercraft has been stolen.
25    (f) No person shall have possession of, buy, receive, sell

 

 

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1or offer to sell, or otherwise dispose of a watercraft on which
2the manufacturer's or assigned serial number of the watercraft
3has been destroyed, removed, covered, altered, or defaced,
4knowing of such destruction, removal, covering, alteration or
5defacement of such manufacturer's or assigned serial number.
6    (g) No person shall destroy, remove, cover, alter or
7deface the manufacturer's or assigned serial number on any
8watercraft.
9    (h) No person, firm, or corporation may knowingly possess,
10buy, sell, exchange, or give away, or offer to buy, sell,
11exchange, or give away, the certificate of title to any junk or
12salvage watercraft in violation of this Article, or may fail
13to surrender the certificate of title to the Department of
14Natural Resources as required under this Section and Section
153A-15. No person shall possess, buy, sell, exchange or give
16away, or offer to buy, sell, exchange, or give away the
17certificate of title to any watercraft which is a junk or
18salvage.
19(Source: P.A. 88-524.)
 
20    (625 ILCS 45/3A-22 new)
21    Sec. 3A-22. Rules. The Department may adopt rules to
22implement this Article.
 
23    (625 ILCS 45/3C-4)  (from Ch. 95 1/2, par. 313C-4)
24    Sec. 3C-4. Towed Reports on towed watercraft.

 

 

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1    (a) When a watercraft is authorized to be towed away as
2provided in Section 3C-2, the police headquarters or office of
3the law enforcement officer authorizing the towing shall keep
4and maintain a record of the watercraft towed, listing the
5color, manufacturer's trade name, manufacturer's series name,
6hull type, hull material, hull identification number, and
7registration number displayed on the watercraft. The record
8shall also include the date and hour of tow, location towed
9from, location towed to, and reason for towing and the name of
10the officer authorizing the tow.
11    (b) When a watercraft is authorized to be towed, the
12authorization, any hold order, and any release shall be in
13writing, or confirmed in writing, with a copy given to the
14towing service.
15    (c) The owner, operator, or other legally entitled person
16shall be responsible to the towing service for the payment of
17applicable removal, towing, storage, and processing charges
18and collection costs associated with a watercraft towed or
19held under order or authorization of a law enforcement agency.
20If a watercraft towed or held under order or authorization of a
21law enforcement agency is seized by the ordering or
22authorizing agency or any other law enforcement or
23governmental agency and sold, any unpaid removal, towing,
24storage, and processing charges and collection costs shall be
25paid to the towing service from the proceeds of the sale. If
26the applicable law provides that the proceeds are to be paid

 

 

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1into the treasury of the appropriate civil jurisdiction, then
2any unpaid removal, towing, storage, and processing charges
3and collection costs shall be paid to the towing service from
4the treasury of the civil jurisdiction. That payment shall
5not, however, exceed the amount of proceeds from the sale,
6with the balance to be paid by the owner, operator, or other
7legally entitled person.
8    (d) Upon the delivery of a written release order to the
9towing service, a watercraft subject to a hold order shall be
10released to the owner, operator, or other legally entitled
11person upon proof of ownership or other entitlement and upon
12payment of applicable removal, towing, storage, and processing
13charges and collection costs.
14(Source: P.A. 84-646.)
 
15    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)
16    Sec. 4-1. Personal flotation devices.
17    A. No person may operate a watercraft unless at least one
18wearable U.S. Coast Guard approved personal flotation device
19for each person PFD is on board, so placed as to be readily
20available for each person.
21    B. No person may operate a personal watercraft or
22specialty prop-craft unless each person aboard is wearing a
23wearable U.S. Coast Guard approved personal flotation device
24PFD approved by the United States Coast Guard. No person on
25board a personal watercraft shall use an inflatable PFD in

 

 

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1order to meet the PFD requirements of subsection A of this
2Section.
3    C. No person may operate a watercraft 16 feet or more in
4length, except a canoe or kayak, unless at least one readily
5accessible United States Coast Guard approved throwable PFD is
6on board.
7    D. (Blank).
8    E. When assisting a person on water skis, aquaplane or
9similar device, there must be one wearable U.S. United States
10Coast Guard approved PFD on board the watercraft for each
11person being assisted or towed or worn by the person being
12assisted or towed.
13    F. No person may operate a watercraft unless each device
14required by this Section is:
15        1. in serviceable condition;
16        2. identified by a label bearing a description and
17    approval number demonstrating that the device has been
18    approved by the United States Coast Guard;
19        3. of the appropriate size for the person for whom it
20    is intended;
21        4. in the case of a wearable PFD, readily accessible
22    aboard the watercraft;
23        5. in the case of a throwable PFD, immediately
24    available for use;
25        6. out of its original packaging; and
26        7. not stowed under lock and key.

 

 

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1    G. Approved personal flotation devices are defined as a
2device that is approved by the United States Coast Guard under
3Title 46 CFR Part 160.
4    H. (Blank).
5    H-5. An approved and appropriately sized United States
6Coast Guard approved personal flotation device shall be worn
7by each person under the age of 13 while in tow.
8    I. No person may operate a watercraft under 26 feet in
9length unless an approved and appropriate sized United States
10Coast Guard personal flotation device is being properly worn
11by each person under the age of 13 on board the watercraft at
12all times in which the watercraft is underway; however, this
13requirement shall not apply to persons who are below decks or
14in totally enclosed cabin spaces. The provisions of this
15subsection I shall not apply to a person operating a
16watercraft on an individual's private property.
17    J. Racing shells, rowing sculls, racing canoes, and racing
18kayaks are exempt from the PFD, of any type, carriage
19requirements under this Section provided that the racing
20shell, racing scull, racing canoe, or racing kayak is
21participating in an event sanctioned by the Department as a
22PFD optional event. The Department may adopt rules to
23implement this subsection.
24(Source: P.A. 100-469, eff. 6-1-18; 100-863, eff. 8-14-18.)
 
25    (625 ILCS 45/4-2)  (from Ch. 95 1/2, par. 314-2)

 

 

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1    Sec. 4-2. Navigation lights Lights.
2    A. Watercraft subject to this Section shall be divided
3into classes as follows: It is unlawful to operate any vessel
4less than 39 feet in length unless the following lights are
5carried and displayed when underway from sunset to sunrise:
6        1. Class 1: Less than 16 feet in length. A bright,
7    white light after to show all around the horizon, visible
8    for a distance of 2 miles. The word "visible" as used
9    herein means visible on a dark night with clear
10    atmosphere.
11        2. Class 2: 16 feet or over and less than 26 feet in
12    length. A combination light in the forepart of the boat
13    lower than the white light after, showing green to
14    starboard and red to port, so fixed as to throw a light
15    from dead ahead to 2 points abaft the beam on their
16    respective sides and visible for a distance of not less
17    than 1 mile.
18        3. Class 3: 26 feet or over and less than 40 feet in
19    length. Lights under International Rules may be shown as
20    an alternative to the above requirements.
21        4. Class 4: 40 feet or over and not more than 65 feet
22    in length.
23    B. Every motorboat, in all weather from sunset to sunrise
24or in all weather causing reduced visibility, shall carry and
25exhibit the following United States Coast Guard approved
26lights when underway and, during such time, no other lights

 

 

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1that may be mistaken for or interfere with those prescribed
2shall be exhibited: Watercraft propelled by muscular power
3when underway shall carry on board from sunset to sunrise, but
4not fixed to any part of the boat, a lantern or flashlight
5capable of showing a white light visible all around the
6horizon at a distance of 2 miles or more, and shall display
7such lantern in sufficient time to avoid collision with
8another watercraft.
9        (1) A Class 1 or Class 2 motorboat shall carry the
10    following lights:
11            (a) A bright white light aft to show all around the
12        horizon.
13            (b) A combined light in the fore part of the
14        watercraft and lower than the white light aft, showing
15        green to starboard and red to port, so fixed as to
16        throw the light from right ahead to 2 points (22.5
17        degrees) abaft the beam on their respective sides.
18        (2) A Class 3 or Class 4 motorboat shall carry the
19    following lights:
20            (a) A bright white light in the fore part of the
21        watercraft as near the stern as practicable, so
22        constructed as to show the unbroken light over an arc
23        of the horizon of 20 points (225 degrees) of the
24        compass, so fixed as to throw the light 10 points
25        (112.5 degrees) on each side of the watercraft,
26        namely, from right ahead to 2 points (22.5 degrees)

 

 

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1        abaft the beam on either side.
2            (b) A bright white light aft, mounted higher than
3        the white light forward, to show all around the
4        horizon.
5            (c) On the starboard side, a green light so
6        constructed as to show an unbroken light over an arc of
7        the horizon of 10 points (112.5 degrees) of the
8        compass, so fixed as to throw the light from right
9        ahead to 2 points (22.5 degrees) abaft the beam on the
10        starboard side. On the port side, a red light so
11        constructed as to show an unbroken light over an arc of
12        the horizon of 10 points (112.5 degrees) of the
13        compass, so fixed as to throw the light from right
14        ahead to 2 points (22.5 degrees) abaft the beam on the
15        port side. The side lights shall be fitted with
16        inboard screens so set as to prevent these lights from
17        being seen across the bow.
18        (3) A Class 1 or Class 2 Motorboat propelled by sail
19    alone shall exhibit the combined light prescribed by
20    paragraph (1) and a 12-point (135 degrees) white light
21    aft. A Class 3 or Class 4 Motorboat, when so propelled,
22    shall exhibit the colored side lights, suitably screened
23    as prescribed by paragraph (2) and a 12-point (135
24    degrees) white light aft.
25        (4) Every white light prescribed by this Section shall
26    be of such character as to be visible at a distance of at

 

 

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1    least 2 miles. Every colored light prescribed by this
2    Section shall be of such character as to be visible at a
3    distance of at least one mile. As used in this subsection
4    "visible", when applied to lights, means visible on a dark
5    night with clear atmosphere.
6        (5) If propelled by sail and machinery, a motorboat
7    shall carry the lights required by this Section for a
8    motorboat propelled by machinery only.
9        (6) All other watercraft over 65 feet in length and
10    those propelled solely by wind effect on the sail shall
11    display lights prescribed by federal regulations.
12    C. Manually propelled watercraft shall carry, ready at
13hand, a lantern or flashlight showing a white light that shall
14be exhibited in sufficient time to avert collision. Manually
15propelled watercraft used on the waters of this State where
16power-driven vessels are prohibited are exempt from the
17provisions of this Section. Every vessel 39 feet or more in
18length shall carry and display when underway such additional
19or alternate lights as shall be required by the U. S. Coast
20Guard for watercraft of equivalent length and type.
21    D. Any watercraft may carry and exhibit the lights
22required by the international regulations in lieu of the
23lights required by subsection B of this Section. Sailboats
24equipped with motors and being propelled partly or solely by
25such motors shall carry and display the same lights required
26for motorboats of the same class. Sailboats being propelled

 

 

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1entirely by sail between sunset and sunrise shall have lighted
2the combination running light, and a white light visible aft
3only. Sailboats 26 feet or more in length, equipped with
4motors but being propelled entirely by sail between sunset and
5sunrise, shall have lighted the colored side lights suitably
6screened, but not the white lights prescribed for motorboats.
7    E. All watercraft, when anchored, other than in a special
8anchorage area as defined in 33 CFR 109.10, shall, from sunset
9to sunrise, carry and display a steady white light visible all
10around the horizon for a distance of no less than 2 miles.
11Dinghies, tenders and other watercraft, whose principal
12function is as an auxiliary to other larger watercraft, when
13so operating need carry only a flashlight visible to other
14craft in the area, anything in this section to the contrary
15notwithstanding.
16    F. (Blank). Vessels at anchor between the hours of sunset
17and sunrise, except those in a "Special Anchorage Area", shall
18display such anchor lights as shall be required by the U. S.
19Coast Guard for watercraft of equivalent length and type.
20    G. (Blank). Watercraft operated manually or by motor which
21are located on bodies of water where motors of over 7 1/2
22horsepower are prohibited must be equipped during the hours
23between sunset and sunrise with a lantern or flashlight which
24is capable of showing a beam for 2 miles, anything in this
25Section to the contrary notwithstanding.
26(Source: P.A. 88-524.)
 

 

 

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1    (625 ILCS 45/5-3)  (from Ch. 95 1/2, par. 315-3)
2    Sec. 5-3. Interference with navigation.
3    (a) No person shall operate any watercraft in a manner
4which unreasonably or unnecessarily interferes with other
5watercraft or with the free and proper navigation of the
6waterways of the State. Anchoring under bridges or in heavily
7traveled channels constitutes such interference if
8unreasonable under the prevailing circumstances.
9    (b) A vessel engaged in fishing shall not impede the
10passage of any other vessel navigating within a narrow channel
11or canal.
12    (c) A vessel nearing a bend or an area of a narrow channel
13or canal where other vessels may be obscured by an intervening
14obstruction shall navigate with alertness and caution and
15shall sound the appropriate audible signal as required by the
16Inland and International Navigation Rules as written by the
17United States Coast Guard and this Act.
18    (d) A vessel shall avoid anchoring in a narrow channel,
19under bridges, or in heavily traveled channels or canals, if
20unreasonable under the prevailing circumstances.
21(Source: P.A. 82-783.)
 
22    (625 ILCS 45/5-13)  (from Ch. 95 1/2, par. 315-8)
23    Sec. 5-13. Traffic rules.
24    A. The area straight ahead of a vessel to the point that is

 

 

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122.5 degrees beyond the middle of the vessel on the starboard
2side of the watercraft shall be designated the danger zone. An
3operator of a watercraft shall yield the right-of-way to any
4other watercraft occupying or entering into the danger zone
5that may result in collision. Passing. When 2 boats are
6approaching each other "head on" or nearly so (so as to involve
7risk of collision), each boat must bear to the right and pass
8the other boat on its left side.
9    A-5. Head-on situation.
10    (1) If 2 power-driven vessels are meeting head-on or
11nearly head-on courses so as to involve risk of collision,
12each shall alter course to starboard so that each shall pass on
13the port side of the other.
14    (2) A vessel proceeding along the course of a narrow
15channel or canal shall keep as near to the outer limit of the
16channel or canal that lies on the starboard side as is safe and
17practicable.
18    (3) A power-driven vessel operating in narrow channels and
19proceeding downstream shall have the right-of-way over a
20vessel proceeding upstream. The vessel proceeding upstream
21shall yield as necessary to permit safe passing.
22    B. Crossing. As used in this Section, "crossing" means 2
23or more watercraft traveling in directions that would have the
24path of travel of the watercraft intersect each other. When
25boats approach each other obliquely or at right angles, the
26boat approaching on the right side has the right of way.

 

 

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1    (1) If 2 power-driven vessels are crossing so as to
2involve the risk of collision, the vessel that has the other on
3the starboard side shall keep out of the way and shall avoid
4crossing ahead of the other vessel.
5    (2) A power-driven vessel crossing a river shall keep out
6of the way of a power-driven vessel ascending or descending
7the river.
8    (3) A vessel may not cross a narrow channel or canal if the
9crossing impedes the passage of a vessel that can only safely
10navigate within the channel or canal.
11    C. Overtaking. One boat may overtake another on either
12side but must grant right of way to the overtaken boat.
13    (1) A vessel overtaking any other shall give way to the
14vessel being overtaken.
15    (2) If a vessel operator is in doubt as to whether he or
16she is overtaking another vessel, the operator shall assume
17that is the case and act accordingly.
18    (3) Any subsequent alteration of the bearing between the 2
19vessels shall not make the overtaking vessel a crossing vessel
20within the meaning of this Section or relieve the overtaking
21operator of the duty of keeping clear of the overtaken vessel
22until finally past and clear.
23    (4) In a narrow channel or canal when overtaking, the
24operator of a power-driven vessel intending to overtake
25another power-driven vessel shall proceed to pass safety only
26after indicating his or her intention by sounding the horn as

 

 

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1follows:
2        (a) one short blast from the horn signifies a request
3    to pass on the overtaken vessel's starboard side;
4        (b) 2 short blasts from the horn signifies a request
5    to pass on the overtaken vessel's port side.
6    (5) The operator of the power-driven vessel being
7overtaken shall:
8        (a) acknowledge the request by sounding the same
9    signal; or
10        (b) sound 5 short blasts from the horn to indicate
11    danger or do not pass.
12    No response from the overtaken vessel shall be interpreted
13as an indication of danger and the same as if 5 short blasts
14from the horn were sounded.
15    In the absence of an audible signal or horn, a light signal
16device using the appropriate number of rapid bursts of light
17may be used.
18    D. Sailing vessels.
19    (1) The operator of a power-driven vessel shall yield the
20right-of-way to any nonpowered or sailing vessel unless the
21nonpowered vessel is overtaking the power-driven vessel or
22Sailboats and Rowboats. When a motorboat is approaching a boat
23propelled solely by sails or oars, the motorboat must yield
24the right of way to the sailboat or rowboat except, when a
25large craft is navigating in a confined channel, the large
26craft has the right-of-way right of way over a boat propelled

 

 

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1solely by oars or sails.
2    (2) If 2 sailing vessels are approaching one another, so
3as to involve risk of collision, one of them shall keep out of
4the way of the other as follows:
5        (a) If each has the wind on a different side, the
6    vessel that has the wind on the port side shall give way to
7    the other vessel.
8        (b) If both have the wind on the same side, the vessel
9    that is to windward shall give way to the vessel that is to
10    leeward.
11        (c) If a vessel with the wind on the port side sees a
12    vessel to windward and cannot determine with certainty
13    whether the other vessel has the wind on the port or
14    starboard side, the vessel shall give way to the other
15    vessel.
16(Source: P.A. 82-783.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".