Full Text of SB1230 102nd General Assembly
SB1230sam001 102ND GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Boat Registration and Safety Act is | 5 | | amended by changing Sections 1-2, 3-7, 3A-1, 3A-3, 3A-4, 3A-5, | 6 | | 3A-7, 3A-8, 3A-10, 3A-11, 3A-12, 3A-14, 3A-15, 3A-16, 3A-17, | 7 | | 3A-18, 3A-19, 3A-21, 3C-4, 4-1, 4-2, 5-3, and 5-13 and the | 8 | | heading of Article IIIA and by adding Sections 3A-0.1, | 9 | | 3A-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 | 12 | | context clearly
requires a different meaning:
| 13 | | "Airboat" means any boat propelled by an engine producing | 14 | | air thrust. "Airboat" does not include ground-effect vessels | 15 | | or air-cushion vehicles (hovercraft). | 16 | | "Competent" means capable of assisting a skier in case of |
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| 1 | | injury or accident. | 2 | | "Dealer" means any person who engages in the business of | 3 | | manufacturing, selling, or dealing in, on consignment or | 4 | | otherwise, any number of new watercraft, or 5 or more used | 5 | | watercraft of any make during the year, including any | 6 | | off-highway vehicle dealer or snowmobile dealer or a person | 7 | | licensed as a new or used vehicle dealer who also sells or | 8 | | deals in, on consignment or otherwise, any number of | 9 | | watercraft as defined in this Act. | 10 | | "Department" means the Department of Natural Resources. | 11 | | "International regulations" means the International | 12 | | Regulations for Preventing Collisions at Sea, 1972, including | 13 | | annexes currently in force for the United States. | 14 | | "Leeward" means the side of the vessel's sail that is | 15 | | facing away or sheltered from the wind. | 16 | | "Lifeboat" means a small boat kept on board a larger boat | 17 | | for use in an emergency. | 18 | | "Motorboat" or "power-driven vessel" means any vessel | 19 | | propelled by machinery. | 20 | | "Nonpowered watercraft" or "human-powered watercraft" | 21 | | means watercraft primarily designed to be propelled by human | 22 | | power collected directly from the hands or feet, through the | 23 | | hands with oars, paddles, or poles, or through the feet with | 24 | | pedals and a crank or treadle. | 25 | | "Operate" means to use, navigate, employ, or otherwise be | 26 | | in actual physical control of a motorboat or vessel. |
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| 1 | | "Operator" means a person who operates or is in actual | 2 | | physical control of a watercraft. | 3 | | "Owner" means a person, other than a secured party, having | 4 | | property rights or title to a watercraft. "Owner" includes a | 5 | | person entitled to the use or possession of a motorboat | 6 | | subject to an interest in another person, reserved or created | 7 | | by agreement and securing payment of performance of an | 8 | | obligation. "Owner" does not include a lessee under a lease | 9 | | not intended as security. | 10 | | "Person" means any individual, firm, corporation, | 11 | | partnership, or association, and any agent, assignee, trustee, | 12 | | executor, receiver, or representative thereof. | 13 | | "Personal flotation device" or "PFD" means a device that | 14 | | is approved by the Commandant, U.S. Coast Guard, under Part | 15 | | 160 of Title 46 of the Code of Federal Regulations. | 16 | | "Personal watercraft" means a vessel propelled by a water | 17 | | jet pump or other machinery as its primary source of motive | 18 | | power and designed to be operated by a person sitting, | 19 | | standing, or kneeling on the vessel, rather than within the | 20 | | confines of a hull. | 21 | | "Recreational boat" means any vessel manufactured or used | 22 | | primarily for noncommercial use; or leased, rented, or | 23 | | chartered to another for noncommercial use. | 24 | | "Sailboat" or "sailing vessel" means any vessel under | 25 | | sail, so long as the propelling machinery, if fitted, is not | 26 | | being used. |
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| 1 | | "Sea plane" means any aircraft designed to maneuver on the | 2 | | water. | 3 | | "Specialty prop-craft" means a vessel that is similar in | 4 | | appearance and operation to a personal watercraft but that is | 5 | | powered 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 | 8 | | except when it is moored at a dock or anchorage area. | 9 | | "Use" applies to all vessels on the waters of this State, | 10 | | whether moored or underway. | 11 | | "Vessel" or "watercraft" means every description of | 12 | | watercraft used or capable of being used as a means of | 13 | | transportation on water, except a seaplane on the water, air | 14 | | mattress or similar device, and boats used for concession | 15 | | rides in artificial bodies of water designed and used | 16 | | exclusively for such concessions. | 17 | | "Waters of this State" means any water within the | 18 | | jurisdiction of this State. | 19 | | "Wearable U.S. Coast Guard approved personal flotation | 20 | | device", "wearable U.S. Coast Guard approved PFD", and | 21 | | "wearable PFD" have the meaning provided for "wearable PFD" in | 22 | | 33 CFR 175.13. | 23 | | "Vessel" or "Watercraft" means every description of | 24 | | watercraft used or
capable of being used as a means of | 25 | | transportation on water, except a
seaplane on the water, air | 26 | | mattress or similar device, and boats
used for concession |
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| 1 | | rides in artificial bodies of water designed and used
| 2 | | exclusively for such concessions.
| 3 | | "Motorboat" means any vessel propelled by machinery, | 4 | | whether or not such
machinery is the principal source of | 5 | | propulsion, but does not include a
vessel which has a valid | 6 | | marine document issued by the Bureau of Customs of
the United | 7 | | States Government or any Federal agency successor thereto.
| 8 | | "Non-powered watercraft" means any canoe, kayak, | 9 | | kiteboard, paddleboard, float tube, or watercraft not | 10 | | propelled by sail, canvas, or machinery of any sort. | 11 | | "Sailboat" means any watercraft propelled by sail or | 12 | | canvas, including
sailboards. For the purposes of this Act, | 13 | | any watercraft propelled by both
sail or canvas and machinery | 14 | | of any sort shall be deemed a motorboat when
being so | 15 | | propelled.
| 16 | | "Airboat" means any boat (but not including airplanes or | 17 | | hydroplanes)
propelled by machinery applying force against the | 18 | | air rather than the water
as a means of propulsion.
| 19 | | "Dealer" means any person who engages in the business of | 20 | | manufacturing, selling, or dealing in, on consignment or | 21 | | otherwise, any number of new watercraft, or 5 or more used | 22 | | watercraft of any make during the year, including any | 23 | | off-highway vehicle dealer or snowmobile dealer or a person | 24 | | licensed as a new or used vehicle dealer who also sells or | 25 | | deals in, on consignment or otherwise, any number of | 26 | | watercraft as defined in this Act. |
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| 1 | | "Lifeboat" means a small boat kept on board a larger boat | 2 | | for use in
emergency.
| 3 | | "Owner" means a person, other than lien holder, having | 4 | | title to a
motorboat. The term includes a person entitled to | 5 | | the use or possession of
a motorboat subject to an interest in | 6 | | another person, reserved or created
by agreement and securing | 7 | | payment of performance of an obligation, but the
term excludes | 8 | | a lessee under a lease not intended as security.
| 9 | | "Waters of this State" means any water within the | 10 | | jurisdiction of this
State.
| 11 | | "Person" means an individual, partnership, firm, | 12 | | corporation,
association, or other entity.
| 13 | | "Operate" means to navigate or otherwise use a motorboat | 14 | | or vessel.
| 15 | | "Department" means the Department of Natural Resources.
| 16 | | "Competent" means capable of assisting a skier in case of | 17 | | injury or
accident.
| 18 | | "Personal flotation device" or "PFD" means a device that | 19 | | is approved by
the Commandant, U.S. Coast Guard, under Part | 20 | | 160 of Title 46 of the Code
of Federal Regulations.
| 21 | | "Recreational boat" means any vessel manufactured or used | 22 | | primarily for
noncommercial use; or leased, rented or | 23 | | chartered to another for
noncommercial use.
| 24 | | "Personal watercraft" means a vessel that uses an inboard | 25 | | motor powering
a water jet pump as its primary source of motor | 26 | | power and that is designed
to be operated by a person sitting, |
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| 1 | | standing, or kneeling on the vessel,
rather than the | 2 | | conventional manner of sitting or standing inside the
vessel, | 3 | | and includes vessels that are similar in appearance and | 4 | | operation
but are powered by an outboard or propeller drive | 5 | | motor.
| 6 | | "Specialty prop-craft" means a vessel that is similar in | 7 | | appearance and
operation to a personal watercraft but that is | 8 | | powered by an outboard or
propeller driven motor.
| 9 | | "Underway" applies to a vessel or watercraft at all times | 10 | | except when it
is moored at a dock or anchorage area.
| 11 | | "Use" applies to all vessels on the waters of this State, | 12 | | whether 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 . | 16 | | Should a certificate of number or registration expiration | 17 | | decal become
lost, destroyed, or mutilated beyond legibility, | 18 | | or if the information that is required to be on the certificate | 19 | | has changed, the owner of the
watercraft shall make | 20 | | application to the Department for the replacement of
the | 21 | | certificate or decal, giving his name, address, and the number | 22 | | of his
boat and shall at the same time pay to the Department a | 23 | | fee 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, | 7 | | or electromagnetic technology, or any other form of technology | 8 | | that entails capabilities similar to these technologies. | 9 | | "Electronic record" means a record generated, | 10 | | communicated, received, or stored by electronic means for use | 11 | | in an information system or for transmission from one | 12 | | information system to another. | 13 | | "Electronic signature" means a signature in electronic | 14 | | form attached to or logically associated with an electronic | 15 | | record. | 16 | | "Junk watercraft" or "scrap watercraft" means a watercraft | 17 | | that has been or is being disassembled, crushed, compressed, | 18 | | flattened, destroyed, or otherwise reduced to a state in which | 19 | | it no longer can be returned to an operable state, or has been | 20 | | branded or assigned as junk or a similar designation by | 21 | | another state or jurisdiction. | 22 | | "Owner" means a person who holds a certificate of origin, | 23 | | certificate of title, salvage certificate, or junking | 24 | | certificate. However, if a watercraft is the subject of an | 25 | | agreement for the conditional sale or lease thereof with the |
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| 1 | | right of purchase upon performance of the conditions stated in | 2 | | the agreement and with an immediate right of possession vested | 3 | | in the conditional vendee or lessee, or if a mortgagor of such | 4 | | a watercraft is entitled to possession, then the conditional | 5 | | vendee or lessee or mortgagor shall be deemed the owner for the | 6 | | purpose of this Article. | 7 | | "Record" means information that is inscribed, stored, or | 8 | | otherwise fixed on a tangible medium or that is stored in an | 9 | | electronic or other medium and is retrievable in perceivable | 10 | | form. | 11 | | "Salvage" means a watercraft that has been damaged but may | 12 | | be put back into its original operable state after repair and | 13 | | has not been issued a junking certificate. | 14 | | "Salvage dealer" means an entity that sells salvage | 15 | | watercraft on behalf of insurance companies and obtains a | 16 | | "salvage dealer" designation through the used dealer | 17 | | application process under Section 5-102 of the Illinois | 18 | | Vehicle Code | 19 | | "Signature" or "signed" means any symbol executed or | 20 | | adopted, or any security procedure employed or adopted, using | 21 | | electronic means or otherwise, by or on behalf of a person with | 22 | | intent 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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| 1 | | required to be numbered by this State and
for which no | 2 | | certificate of title has been issued by the Department of
| 3 | | Natural Resources shall make application to the Department
of | 4 | | Natural Resources for a certificate of title either
before or | 5 | | at the same time he next applies for issuance, transfer or | 6 | | renewal of
a certificate of number. All watercraft already | 7 | | covered by a number in full
force and effect which has been | 8 | | awarded to it pursuant to Federal law is exempt
from titling | 9 | | requirements in this Act.
| 10 | | (b) The Department shall not issue, transfer or renew a | 11 | | certificate of
number for a watercraft over 21 feet unless a | 12 | | certificate of title has been issued by the Department of
| 13 | | Natural Resources or an application for a certificate of
title | 14 | | has 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 | 19 | | in
this State must be made by the owner to the Department of | 20 | | Natural 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 | 15 | | application form a space where the owner of a watercraft may | 16 | | designate a beneficiary to whom ownership of the watercraft | 17 | | shall pass in the event of the owner's death.
| 18 | | (b) If the application refers to a watercraft purchased | 19 | | from a dealer, it
must contain the name and address of any | 20 | | lienholder holding a security
interest created or reserved at | 21 | | the time of the sale and the date of his
security agreement and | 22 | | be signed by the dealer as well as the owner, and
the dealer | 23 | | must within 15 days mail or deliver the application to the
| 24 | | Department of Natural Resources.
| 25 | | (c) If the application refers to a watercraft last | 26 | | previously registered in
another State or country, the |
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| 1 | | application 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 | 9 | | be accompanied by the Manufacturer's Statement of Origin, or | 10 | | other documents as required and acceptable by the Department | 11 | | of Natural Resources, with such assignments as may be | 12 | | necessary to show title in the applicant. | 13 | | (e) An application for a certificate of title for any | 14 | | watercraft, whether purchased in Illinois or outside Illinois, | 15 | | and even if previously registered in another state, must be | 16 | | accompanied by either an exemption determination from the | 17 | | Department of Revenue showing that no tax imposed pursuant to | 18 | | the Use Tax Act or the Watercraft Use Tax Law is owed by anyone | 19 | | with respect to that watercraft, or a receipt from the | 20 | | Department of Revenue showing that any tax so imposed has been | 21 | | paid. In the absence of such a receipt for payment or | 22 | | determination of exemption from the Department, no certificate | 23 | | of title shall be issued to the applicant. If, after the | 24 | | issuance of the certificate of title and display certificate | 25 | | of title, the proof of payment of the tax or of nonliability | 26 | | therefor is found to be invalid, the Department of Natural |
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| 1 | | Resources shall revoke the certificate and require that the | 2 | | certificate of title and, when applicable, the display | 3 | | certificate of title be returned to the Department of Natural | 4 | | Resources. | 5 | | (f) If the application refers to a watercraft sold at | 6 | | public sale by a sheriff, it must be accompanied by the | 7 | | required fee and a bill of sale issued and signed by a sheriff. | 8 | | The bill of sale must identify the new owner's name and | 9 | | address, the year model, make, watercraft identification | 10 | | number, and hull number of the watercraft, the court order | 11 | | authorizing such a sale, if applicable, and the name and | 12 | | address of any lienholders in order of priority, if | 13 | | applicable. | 14 | | (g) If the application refers to a watercraft for which a | 15 | | court of law determined the ownership, it must be accompanied | 16 | | with a certified copy of such court order and the required fee. | 17 | | The court order must indicate the new owner's name and | 18 | | address, the complete description of the watercraft, if known, | 19 | | the name and address of the lienholder, if any, and must be | 20 | | signed and dated by the judge issuing the order. | 21 | | (h) If the application refers to a watercraft sold at | 22 | | public auction pursuant to the Labor and Storage Lien (Small | 23 | | Amount) Act, it must be accompanied by an affidavit or | 24 | | affirmation furnished by the Department of Natural Resources | 25 | | along with the documents described in the affidavit or | 26 | | affirmation 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 | 4 | | Natural Resources, upon
receiving application for a first | 5 | | certificate of title,
shall check the identifying description | 6 | | of the watercraft shown in the
application against the records | 7 | | required to be
maintained by Section 3A-5 of this Article and | 8 | | against the record of
stolen and converted watercraft required | 9 | | to 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
| 14 | | application received and, when satisfied as to its genuineness | 15 | | and regularity,
and that no tax imposed by the Use Tax Act
or | 16 | | the Watercraft Use Tax Law is owed as evidenced by the
receipt | 17 | | for payment or determination of exemption from the Department | 18 | | of
Revenue provided for in Section 3A-3 of this Article, and | 19 | | that the applicant is
entitled to the issuance of a | 20 | | certificate of title, shall issue a certificate
of title.
| 21 | | (b) The Department of Natural Resources shall maintain
a | 22 | | record of all certificates of title , junking certificates, and | 23 | | salvage certificates issued under a distinctive title number
| 24 | | assigned to the watercraft and, in the discretion of the |
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| 1 | | Department, 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 | 6 | | Natural
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 | 23 | | assignment and
warranty of title by the owner, and for | 24 | | assignment and warranty of title by
a dealer, and may contain | 25 | | forms for applications for a certificate of title
by a |
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| 1 | | transferee, the naming of a lienholder and the assignment or | 2 | | release
of the security interest of a lienholder.
| 3 | | (b-5) The Department shall designate on the certificate of | 4 | | title a space where the owner of a watercraft may designate a | 5 | | beneficiary, to whom ownership of the watercraft shall pass in | 6 | | the event of the owner's death. | 7 | | (c) A certificate of title issued by the Department of | 8 | | Natural Resources is
prima facie evidence of the facts | 9 | | appearing on it.
| 10 | | (d) A certificate of title is not subject to garnishment,
| 11 | | attachment, execution or other judicial process, but this | 12 | | subsection does
not prevent a lawful levy upon the watercraft.
| 13 | | (e) Any certificate of title issued by the Department of | 14 | | Natural
Resources is subject
to a lien in favor of the State of | 15 | | Illinois for any fees or taxes required
to be paid under this | 16 | | Act 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 | 20 | | title is made
out to 2 or more persons a husband and wife with | 21 | | the marital relationship shown on the certificate ,
it shall
be | 22 | | presumed , unless stated otherwise, that the title is held as | 23 | | joint 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 | 3 | | of Natural
Resources shall refuse issuance of a certificate of | 4 | | title
if any required fee is not paid or if the Department he | 5 | | has 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 | 8 | | statement; or
| 9 | | (c) The applicant fails to furnish required information or | 10 | | documents or
any additional information the Department of | 11 | | Natural Resources reasonably requires;
| 12 | | (d) The applicant has not paid any fees or
taxes due under | 13 | | this Act and have not been paid upon reasonable notice and
| 14 | | demand.
| 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 | 19 | | salvage certificate is lost, stolen, mutilated or destroyed or
| 20 | | becomes illegible, the first lienholder or, if none, the owner | 21 | | or legal
representative of the owner named in the certificate, | 22 | | as shown by the
records of the Department of Natural | 23 | | Resources, shall
promptly make application for and may obtain | 24 | | a duplicate upon furnishing
information satisfactory to the | 25 | | Department of Natural Resources. The duplicate
certificate of |
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| 1 | | title shall contain the legend
"This is a duplicate | 2 | | certificate and may be subject to the rights of a person
under | 3 | | the original certificate." It shall be mailed to the first | 4 | | lienholder
named in it or, if none, to the owner.
| 5 | | (b) The Department of Natural Resources shall not issue
a | 6 | | duplicate certificate of title to any person within 15 days | 7 | | after the
issuance of an original certificate of title to such | 8 | | person.
| 9 | | (c) A person recovering an original certificate of title
| 10 | | for which a duplicate has been issued shall promptly
surrender | 11 | | the original certificate to the Department of Natural | 12 | | Resources.
| 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 | 17 | | other than by the
creation of a security interest, he shall, at | 18 | | the time of the delivery,
execute an assignment and warranty | 19 | | of title to the transferee
in the space provided therefor on | 20 | | the certificate or as the Department of
Natural Resources | 21 | | prescribes and cause the
certificate and assignment to be | 22 | | mailed or delivered to the transferee or to
the Department of | 23 | | Natural Resources.
| 24 | | (b) Except as provided in Section 3A-14 of this Article, | 25 | | the transferee
shall, promptly and within 15 days after |
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| 1 | | delivery to him of the watercraft
and the assigned certificate | 2 | | of title or salvage certificate , execute the application for a | 3 | | new certificate of
title or salvage certificate in the space | 4 | | provided therefor on the certificate or as the
Department of | 5 | | Natural Resources prescribes, and cause the
certificate and
| 6 | | application to be mailed or delivered to the Department of | 7 | | Natural
Resources.
| 8 | | (c) Upon request of the owner or transferee, a lienholder | 9 | | in possession
of the certificate of title or salvage | 10 | | certificate shall, unless the transfer was a breach of his
| 11 | | security agreement, either deliver the certificate to the | 12 | | transferee for
delivery to the Department of Natural Resources | 13 | | or, upon
receipt from the transferee of the owner's | 14 | | assignment, the transferee's
application for a new certificate | 15 | | and the required fee, mail or deliver them to
the Department of | 16 | | Natural Resources. The delivery of the
certificate does not | 17 | | affect the rights of the lienholder under his security
| 18 | | agreement.
| 19 | | (d) If a security interest is reserved or created at the | 20 | | time of the
transfer, the certificate of title or salvage | 21 | | certificate shall be retained by or delivered to the
person | 22 | | who becomes the lienholder, and the parties shall comply with | 23 | | the
provisions of Section 3B-3 of Article IIIB.
| 24 | | (e) Except as provided in Section 3A-14 of this Article | 25 | | and as between
the parties, a transfer by an owner is not | 26 | | effective until the provisions
of this Section and Section |
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| 1 | | 3A-16 of this Article have been complied with;
however, an | 2 | | owner who has delivered possession of the watercraft to the
| 3 | | transferee and has complied with the provisions of this | 4 | | Section and Section
3A-16 of this Article requiring action by | 5 | | him as not liable as owner for
any damages thereafter | 6 | | resulting from operation of the watercraft.
| 7 | | (f) The Department of Natural Resources may decline to
| 8 | | process any application for a transfer of an interest in a | 9 | | watercraft if any
fees or taxes due under this Act from the | 10 | | transferor or the transferee have not
been paid upon | 11 | | reasonable 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 | 16 | | and procures the
certificate of title or salvage certificate | 17 | | from the owner or the lienholder within 10 days after
delivery | 18 | | to him of the watercraft , he need not send the certificate to | 19 | | the
Department of Natural Resources but, upon transferring the
| 20 | | watercraft to another person other than by the creation of a | 21 | | security interest,
shall promptly and within 15 days execute | 22 | | the assignment and warranty of title
by a dealer, showing the | 23 | | names and addresses of the transferee and of any
lienholder | 24 | | holding a security interest created or reserved at the time of | 25 | | the
resale and the date of his security agreement, in the |
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| 1 | | spaces provided therefor
on the certificate or as the | 2 | | Department of Natural Resources prescribes, and mail or | 3 | | deliver the certificate to the
Department with the | 4 | | transferee's application for a new
certificate.
| 5 | | (b) Every dealer shall maintain for 3 years a record in the | 6 | | form the
Department of Natural Resources prescribes of every
| 7 | | watercraft bought, sold
or exchanged by him, or received by | 8 | | him for sale or exchange, which shall
be open to inspection by | 9 | | a representative of the Department of Natural
Resources or | 10 | | peace officer during reasonable business hours.
| 11 | | (c) The Department of Natural Resources may decline to
| 12 | | process any application for a transfer of an interest in a | 13 | | watercraft if any
fees or taxes due under this Act from the | 14 | | transferor or the transferee have not
been paid upon | 15 | | reasonable 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 | 20 | | another other
than by voluntary transfer, the transferee | 21 | | shall, except as provided in
subsection (b), promptly mail or | 22 | | deliver within 15 days to the Department of
Natural Resources | 23 | | the last certificate of title or salvage certificate , if
| 24 | | available, proof of the transfer, and his or her application | 25 | | for a new
certificate in the form the Department prescribes. |
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| 1 | | It
shall be unlawful for any person having possession of a | 2 | | certificate of title or salvage certificate
for a watercraft | 3 | | by reason of his or her having a lien or encumbrance on such
| 4 | | watercraft, to fail or refuse to deliver such certificate to | 5 | | the owner, upon
the satisfaction or discharge of the lien or | 6 | | encumbrance, indicated upon such
certificate of title or | 7 | | salvage certificate .
| 8 | | (b) If the interest of an owner in a watercraft passes to | 9 | | another under the
provisions of the Small Estates provisions | 10 | | of the Probate Act of 1975,
as amended, the transferee shall | 11 | | promptly mail or deliver to the Department of
Natural | 12 | | Resources, within 120 days, the last certificate
of title or | 13 | | salvage certificate , if available, the documentation required | 14 | | under the provisions of the
Probate Act of 1975, as amended, | 15 | | and an application for certificate
of title or salvage | 16 | | certificate . The transfer may be to the transferee or to the | 17 | | nominee of the
transferee.
| 18 | | (c) If the interest of an owner in a watercraft passes to | 19 | | another under
other provisions of the Probate Act of 1975, as | 20 | | amended,
and the transfer is made by an executor, | 21 | | administrator, or guardian for
a person with a disability, | 22 | | such transferee shall promptly mail or deliver to the
| 23 | | Department of Natural Resources, the last certificate of
title | 24 | | or salvage certificate , if available, and a certified copy of | 25 | | the letters testamentary, letters
of administration or letters | 26 | | of guardianship, as the case may be, and an
application for a |
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| 1 | | certificate of title or salvage certificate . Such application | 2 | | shall be made before
the estate is closed. The transfer may be | 3 | | to the transferee or to the nominee
of the transferee.
| 4 | | (d) If the interest of an owner in joint tenancy passes to | 5 | | the other
joint tenant with survivorship rights as provided by | 6 | | law, the transferee
shall promptly mail or deliver to the | 7 | | Department of Natural Resources, the last certificate of title | 8 | | or salvage certificate , if available, proof of death
of the | 9 | | one joint tenant
and survivorship of the surviving joint | 10 | | tenant, and an application for
certificate of title or salvage | 11 | | certificate . Such application shall be made within 120 days | 12 | | after
the death of the joint tenant. The transfer may be to the
| 13 | | transferee or to the nominee of the transferee.
| 14 | | (d-5) If the interest of an owner passes to the owner's | 15 | | spouse or if the spouse otherwise acquires ownership of the | 16 | | watercraft, then the transferee shall promptly mail or deliver | 17 | | to the Department of Natural Resources proof of (i) the | 18 | | owner's death; (ii) the transfer or acquisition of ownership; | 19 | | and (iii) proof of the marital relationship between the owner | 20 | | and the transferee, along with the last certificate of title | 21 | | or salvage certificate, if available, and an application for a | 22 | | certificate of title or salvage certificate along with the | 23 | | appropriate fees and taxes, if applicable. The application | 24 | | shall be made within 180 days after the death of the owner. | 25 | | (d-10) The Department of Natural Resources shall transfer | 26 | | a decedent's certificate of title or salvage certificate to |
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| 1 | | any legatee, representative, or heir of the decedent who | 2 | | submits to the Department a death certificate and an affidavit | 3 | | by an attorney at law on the letterhead stationery of the | 4 | | attorney at law stating the facts of the transfer. | 5 | | (e) If the interest of the owner is terminated or the | 6 | | watercraft is sold
under a security agreement by a lienholder | 7 | | named in the certificate of
title or salvage certificate , the | 8 | | transferee shall promptly mail or deliver within 15 days to | 9 | | the
Department of Natural Resources the last certificate of
| 10 | | title or salvage certificate , his or her
application for a new | 11 | | certificate in the form the Department
prescribes, and an | 12 | | affidavit made by or on behalf of the lienholder that
the | 13 | | watercraft was repossessed and that the interest of the owner | 14 | | was lawfully
terminated or sold pursuant to the terms of the | 15 | | security agreement. In all
cases wherein a lienholder has | 16 | | found it necessary to repossess a watercraft
and desires to | 17 | | obtain a certificate of title or salvage certificate for such | 18 | | watercraft in the
name of such lienholder, the Department of | 19 | | Natural Resources shall not issue a
certificate of title or | 20 | | salvage certificate to such lienholder unless the person from | 21 | | whom such
watercraft has been repossessed, is shown to be the | 22 | | last registered owner of
such watercraft and such lienholder | 23 | | establishes to the satisfaction of
the Department that he or | 24 | | she is entitled to such
certificate of title or salvage | 25 | | certificate .
| 26 | | (f) A person holding a certificate of title or salvage |
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| 1 | | certificate whose interest in the
watercraft has been | 2 | | extinguished or transferred other than by voluntary
transfer | 3 | | shall mail or deliver the certificate within 15 days upon | 4 | | request
of the Department of Natural Resources. The delivery | 5 | | of
the certificate pursuant to the request of the Department | 6 | | of Natural
Resources does not affect the
rights of the person | 7 | | surrendering the certificate, and the action of the
Department | 8 | | in issuing a new certificate of title or salvage certificate | 9 | | as
provided herein is not conclusive upon the rights of an | 10 | | owner or lienholder
named in the old certificate.
| 11 | | (g) The Department of Natural Resources may decline to
| 12 | | process any
application for a transfer of an interest | 13 | | hereunder if any fees or taxes
due under this Act from the | 14 | | transferor or the transferee have not been paid
upon | 15 | | reasonable notice and demand.
| 16 | | (h) The Department of Natural Resources shall not be
held | 17 | | civilly or criminally liable to any person because any | 18 | | purported
transferor may not have had the power or authority | 19 | | to make a transfer of any
interest in any watercraft or because | 20 | | a certificate of title, junking certificate, or salvage | 21 | | certificate issued in error is subsequently used to commit a | 22 | | fraudulent act .
| 23 | | (i) In all cases in which a lienholder has repossessed a | 24 | | watercraft by other than judicial process and holds it for | 25 | | resale under a security agreement, and the owner of record has | 26 | | executed an assignment of the existing certificate of title or |
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| 1 | | salvage certificate after default, the lienholder may proceed | 2 | | to sell or otherwise dispose of the watercraft as authorized | 3 | | under the Uniform Commercial Code. Upon selling the watercraft | 4 | | to another person, the lienholder need not send the | 5 | | certificate of title or salvage certificate to the Department | 6 | | of Natural Resources, but shall promptly and within 20 days | 7 | | mail or deliver to the purchaser as transferee the existing | 8 | | certificate of title or salvage certificate for the | 9 | | repossessed watercraft, reflecting the release of the | 10 | | lienholder's security interest in the watercraft. The | 11 | | application for a certificate of title made by the purchaser | 12 | | shall comply with subsection (a) of Section 3A-3 or subsection | 13 | | (a) of Section 3A-22 and be accompanied by the existing | 14 | | certificate of title or salvage certificate for the | 15 | | repossessed watercraft. The lienholder shall execute the | 16 | | assignment and warranty of title showing the name and address | 17 | | of the purchaser in the spaces provided therefor on the | 18 | | certificate of title or salvage certificate or as the | 19 | | Department of Natural Resources prescribes. The lienholder | 20 | | shall complete the assignment of title in the certificate of | 21 | | title or salvage certificate to reflect the transfer of the | 22 | | watercraft to the lienholder and also a reassignment to | 23 | | reflect the transfer from the lienholder to the purchaser. For | 24 | | this purpose, the lienholder is specifically authorized to | 25 | | complete and execute the space reserved in the certificate of | 26 | | title or salvage certificate for a dealer reassignment, |
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| 1 | | notwithstanding that the lienholder is not a licensed dealer. | 2 | | Nothing in this subsection shall be construed to mean that the | 3 | | lienholder is taking title to the repossessed watercraft for | 4 | | purposes of liability for retailer occupation, watercraft use, | 5 | | or other tax with respect to the proceeds from the | 6 | | repossession sale. Delivery of the existing certificate of | 7 | | title or salvage certificate to the purchaser shall be deemed | 8 | | disclosure to the purchaser of the owner of the watercraft. | 9 | | (j) Subject to subsection (o), in all cases in which a | 10 | | lienholder has repossessed a watercraft by other than judicial | 11 | | process and holds it for resale under a security agreement, | 12 | | and the owner of record has not executed an assignment of the | 13 | | existing 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 | 6 | | repossession by a lienholder that is seeking to transfer title | 7 | | pursuant to subsection (j), the owner has paid an amount equal | 8 | | to 30% or more of the deferred payment price or total of | 9 | | payments due, the owner may, within 21 days of the date of | 10 | | repossession, reinstate the contract or loan agreement and | 11 | | recover the watercraft from the lienholder by tendering in a | 12 | | lump 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 | 23 | | include, without limitation, repossession and storage expenses | 24 | | and, if authorized by the contract or loan agreement, | 25 | | reasonable attorney's fees and collection agency charges. | 26 | | (2) Tender of payment and performance pursuant to this |
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| 1 | | limited right of reinstatement restores to the owner his or | 2 | | her rights under the contract or loan agreement as though no | 3 | | default had occurred. The owner has the right to reinstate the | 4 | | contract or loan agreement and recover the watercraft from the | 5 | | lienholder only once under this subsection. The lienholder | 6 | | may, in the lienholder's sole discretion, extend the period | 7 | | during which the owner may reinstate the contract or loan | 8 | | agreement and recover the watercraft beyond the 21 days | 9 | | allowed under this subsection, and the extension shall not | 10 | | subject the lienholder to liability to the owner under the | 11 | | laws of this State. | 12 | | (3) The lienholder shall deliver or mail to the owner at | 13 | | the owner's last known address, within 3 business days of the | 14 | | date of repossession, written notice of the owner's right to | 15 | | reinstate the contract or loan agreement and recover the | 16 | | watercraft pursuant to the limited right of reinstatement | 17 | | described in this subsection. At the lienholder's option, the | 18 | | information required to be set forth in this notice of | 19 | | reinstatement may be made part of or accompany the notice of | 20 | | redemption required in subdivision (j)(1) of this Section and | 21 | | the notification of sale or other disposition required under | 22 | | Section 9-611 of the Uniform Commercial Code, but none of the | 23 | | information required by this notice of reinstatement shall be | 24 | | construed to impose any requirement under Article 9 of the | 25 | | Uniform Commercial Code. | 26 | | (4) The reinstatement period, if applicable, and the |
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| 1 | | redemption period described in subdivision (j)(1) of this | 2 | | Section, shall run concurrently if the information required to | 3 | | be set forth in the notice of reinstatement is part of or | 4 | | accompanies the notice of redemption. In any event, the 21-day | 5 | | redemption period described in subdivision (j)(1) of this | 6 | | Section shall commence on the date of mailing or delivery to | 7 | | the owner of the information required to be set forth in the | 8 | | notice of redemption, and the 21-day reinstatement period | 9 | | described in this subsection, if applicable, shall commence on | 10 | | the date of mailing or delivery to the owner of the information | 11 | | required to be set forth in the notice of reinstatement. | 12 | | (5) The Department of Natural Resources shall not | 13 | | determine the merits of an owner's claim of right to | 14 | | reinstatement, nor consider any allegations or assertions | 15 | | regarding the validity or invalidity of a lienholder's claim | 16 | | to the watercraft or an owner's asserted right to | 17 | | reinstatement. If a lienholder is subject to licensing and | 18 | | regulatory supervision by the State of Illinois, the | 19 | | lienholder shall be subject to all of the powers and authority | 20 | | of the lienholder's primary State regulator to enforce | 21 | | compliance with the procedures set forth in this subsection. | 22 | | (l) In all cases in which a lienholder has repossessed a | 23 | | watercraft by judicial process and holds it for resale under a | 24 | | security agreement, order for replevin, or other court order | 25 | | establishing the lienholder's right to possession of the | 26 | | watercraft, the lienholder may proceed to sell or otherwise |
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| 1 | | dispose of the watercraft as authorized under the Uniform | 2 | | Commercial Code or the court order. Upon selling the | 3 | | watercraft to another person, the lienholder need not send the | 4 | | certificate of title or salvage certificate to the Department | 5 | | of Natural Resources, but shall promptly and within 20 days | 6 | | mail 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 | 16 | | purchaser shall comply with subsection (a) of Section 3A-3, | 17 | | the application for a salvage certificate made by the | 18 | | purchaser shall comply with subsection (a) of Section 3A-22, | 19 | | and be accompanied by the certified copy of the court order | 20 | | furnished by the lienholder and the existing certificate of | 21 | | title or salvage certificate for the repossessed watercraft. | 22 | | The lienholder shall execute the assignment and warranty of | 23 | | title showing the name and address of the purchaser in the | 24 | | spaces provided therefor on the certificate of title, salvage | 25 | | certificate, or as the Department of Natural Resources | 26 | | prescribes. The lienholder shall complete the assignment of |
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| 1 | | title in the certificate of title or salvage certificate to | 2 | | reflect the transfer of the watercraft to the lienholder and | 3 | | also a reassignment to reflect the transfer from the | 4 | | lienholder to the purchaser. For this purpose, the lienholder | 5 | | is specifically authorized to execute the assignment on behalf | 6 | | of the owner as seller if the owner has not done so and to | 7 | | complete and execute the space reserved in the certificate of | 8 | | title or salvage certificate for a dealer reassignment, | 9 | | notwithstanding that the lienholder is not a licensed dealer. | 10 | | Nothing in this subsection shall be construed to mean that the | 11 | | lienholder is taking title to the repossessed watercraft for | 12 | | purposes of liability for retailer occupation, watercraft use, | 13 | | or other taxes with respect to the proceeds from the | 14 | | repossession sale. Delivery of the existing certificate of | 15 | | title or salvage certificate to the purchaser shall be deemed | 16 | | disclosure to the purchaser of the owner of the watercraft. If | 17 | | the lienholder does not hold the certificate of title or | 18 | | salvage certificate for the repossessed watercraft, the | 19 | | lienholder shall apply for and may obtain a new certificate of | 20 | | title or salvage certificate in the name of the lienholder | 21 | | upon furnishing information satisfactory to the Department of | 22 | | Natural Resources. Upon receiving the new certificate of title | 23 | | or salvage certificate, the lienholder may proceed with the | 24 | | sale described in this subsection, except that upon selling | 25 | | the watercraft, the lienholder shall promptly and within 20 | 26 | | days mail or deliver to the purchaser the new certificate of |
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| 1 | | title or salvage certificate reflecting the assignment and | 2 | | transfer of title to the purchaser. | 3 | | (m) The Department of Natural Resources shall not issue a | 4 | | certificate of title or salvage certificate to a purchaser | 5 | | under subsection (i), (j), or (l) unless the person from whom | 6 | | the watercraft has been repossessed by the lienholder is shown | 7 | | to be the last registered owner of the watercraft. The | 8 | | Department of Natural Resources may provide by rule for the | 9 | | standards to be followed by a lienholder in assigning and | 10 | | transferring certificates of title or salvage certificates | 11 | | with respect to repossessed watercraft. | 12 | | (n) If applying for a salvage certificate or a junking | 13 | | certificate, the lienholder shall make an application within | 14 | | 20 days to the Department of Natural Resources for a salvage | 15 | | certificate or a junking certificate as set forth in this Act. | 16 | | The Department of Natural Resources shall not issue a salvage | 17 | | certificate or a junking certificate to such a lienholder | 18 | | unless the person from whom such a watercraft has been | 19 | | repossessed is shown to be the last registered owner of the | 20 | | watercraft and the lienholder establishes to the satisfaction | 21 | | of the Department of Natural Resources that the lienholder is | 22 | | entitled to a salvage certificate or junking certificate. The | 23 | | Department of Natural Resources may provide by rule for the | 24 | | standards to be followed by a lienholder in order to obtain a | 25 | | salvage certificate or junking certificate for a repossessed | 26 | | watercraft. |
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| 1 | | (o) If the repossessed watercraft is the subject of a | 2 | | bankruptcy 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 | 25 | | lienholder makes no sworn representations regarding the | 26 | | mailing or delivery of the notice of redemption or affidavit |
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| 1 | | of defense or the lienholder's compliance with the | 2 | | requirements that otherwise apply to the notices listed in | 3 | | this subsection, and makes no sworn representation that the | 4 | | lienholder assumes liability or costs for any litigation that | 5 | | may arise from the issuance of a certificate of title based on | 6 | | the 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
| 10 | | following schedule:
|
|
11 | | Certificate of title , salvage | 12 | | certificate, or junking certificate . |
$10 |
|
13 | | Duplicate certificate of title , salvage | 14 | | certificate, or junking certificate . |
7 |
|
15 | | Corrected certificate of title , salvage | 16 | | certificate, 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 | 21 | | watercraft
other than a dealer transferring a new watercraft, | 22 | | shall deliver
to the transferee at the time of delivery of | 23 | | possession of the watercraft the
properly assigned certificate | 24 | | of 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 | 5 | | Natural Resources, upon receipt of
a properly assigned
| 6 | | certificate of title, with an application for a new | 7 | | certificate of title,
the required fee and any other documents | 8 | | required by law, shall issue a new
certificate of title in the | 9 | | name of the transferee as owner and mail it to
the first | 10 | | lienholder named in it or, if none, to the owner.
| 11 | | (b) Except as provided in this Act, the The Department of | 12 | | Natural Resources, upon receipt
of an application for a new
| 13 | | certificate of title by a transferee other than by voluntary | 14 | | transfer, with
proof of the transfer, the required fee and any | 15 | | other documents required by
law, shall issue a new certificate | 16 | | of title in the name of the transferee
as owner. If the | 17 | | outstanding certificate of title is not delivered to him,
the | 18 | | Department shall make demand therefor from the holder
thereof.
| 19 | | (b-5) The Department of Natural Resources, upon receipt of | 20 | | an application for a certificate of title and the required | 21 | | fee, may issue a certificate of title to a bona fide purchaser | 22 | | of a watercraft from a dealer if the dealer files for | 23 | | bankruptcy or is otherwise no longer operating as a dealer and | 24 | | does not properly transfer the title application to the bona | 25 | | fide purchaser prior to the licensed dealer's business |
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| 1 | | closure. | 2 | | (c) The Department of Natural Resources shall file and
| 3 | | retain for 4 years
every surrendered Illinois certificate of | 4 | | title, the file to be maintained
so as to permit the tracing of | 5 | | title of the watercraft designated therein.
| 6 | | (d) Except as otherwise provided in this Act, the | 7 | | Department of Natural Resources, upon the receipt of an | 8 | | application for a corrected certificate of title, corrected | 9 | | junking certificate, or corrected salvage certificate with the | 10 | | original title or certificate, the required fee, and any other | 11 | | required documents shall issue a corrected certificate of | 12 | | title, junking certificate, or salvage certificate in the name | 13 | | of the owner and mail it to the first lienholder named in it | 14 | | or, if none, to the owner or owner's designee. | 15 | | (e) Except as otherwise provided in this Act, the | 16 | | Department of Natural Resources, upon the receipt of a | 17 | | certified copy of a court order awarding ownership to an | 18 | | applicant along with an application for a certificate of title | 19 | | and the required fee, shall issue a certificate of title to the | 20 | | applicant. | 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 | 24 | | required Scrapping, junking or destroying a watercraft . | 25 | | (a) The owner of a watercraft for which a certificate of |
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| 1 | | title has been obtained pursuant to Section 3A-1 shall also | 2 | | comply with this Section. | 3 | | (b) Except as provided in Section 3A-21 of this Code, a | 4 | | person who possesses a junk watercraft shall cause the | 5 | | certificate of title, salvage certificate, certificate of | 6 | | purchase, or a similarly acceptable out-of-state document of | 7 | | ownership to be surrendered within 15 days to the Department | 8 | | of Natural Resources, along with an application for a junking | 9 | | certificate, whereupon the Department of Natural Resources | 10 | | shall issue to such a person a junking certificate, which | 11 | | shall authorize the holder thereof to possess, transport, or, | 12 | | by an endorsement, transfer ownership in the junked | 13 | | watercraft, and a certificate of title shall not again be | 14 | | issued for such watercraft. A person who possesses a junk | 15 | | watercraft and a certificate of title, salvage certificate, | 16 | | certificate of purchase, or a similarly acceptable | 17 | | out-of-state document of ownership for such a junk watercraft, | 18 | | may transport the junk watercraft to a business that disposes | 19 | | of junk watercraft prior to applying for or obtaining a | 20 | | junking certificate, by executing a uniform invoice. The | 21 | | transferor shall furnish a copy of the uniform invoice to the | 22 | | transferee at the time of transfer. In any case, the | 23 | | transferor shall apply for a junking certificate in | 24 | | conformance with Section 3A-19. The following information | 25 | | shall 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 | 18 | | for uniform invoices that reflects those watercraft for which | 19 | | junking certificates have been or will be applied or issued. A | 20 | | uniform invoice may be issued to any person and shall | 21 | | constitute evidence of ownership of the watercraft listed upon | 22 | | it. A watercraft that is listed on a uniform invoice may be | 23 | | transferred only to a person licensed under Section 5-301 of | 24 | | the Illinois Vehicle Code as a scrap processor. A uniform | 25 | | invoice shall allow the transportation of watercraft listed on | 26 | | the uniform invoice to a scrap processor prior to receiving |
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| 1 | | the junking certificate from the Department of Natural | 2 | | Resources. | 3 | | (c) Unless, at the option of an insurance company, | 4 | | self-insured company, or owner of a watercraft, the owner has | 5 | | obtained a junking certificate for the watercraft, an | 6 | | application for a salvage certificate shall be submitted to | 7 | | the Department of Natural Resources in any of the following | 8 | | situations: | 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, | 18 | | exchanges, gives away, transfers, or destroys, or offers to | 19 | | acquire, sell, exchange, give away, transfer, or destroy the | 20 | | certificate of title to any watercraft that is a junk or | 21 | | salvage watercraft shall be guilty of a Class 4 felony for the | 22 | | first offense and a Class 2 felony for a subsequent offense. | 23 | | (e) Except as provided under subsection (b), any person | 24 | | who knowingly fails to surrender to the Department of Natural | 25 | | Resources a certificate of title, salvage certificate, | 26 | | certificate of purchase, or similarly acceptable out-of-state |
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| 1 | | document of ownership as required under this Section is guilty | 2 | | of a Class A misdemeanor for a first offense and a Class 4 | 3 | | felony for a subsequent offense. | 4 | | (e) A junk watercraft may not be operated upon the | 5 | | waterways within this State. A violation of this subsection is | 6 | | a Class A misdemeanor. | 7 | | An owner
who scraps, junks or destroys a watercraft, or a | 8 | | person who purchases a
watercraft as scrap or as a watercraft | 9 | | to be junked or destroyed shall
immediately cause the | 10 | | certificate of title to be mailed or delivered to the
| 11 | | Department of Natural Resources, and a certificate
of title | 12 | | shall not again be issued for such watercraft. Upon receipt
of | 13 | | the certificate of title, the Department shall cancel the | 14 | | certificate.
| 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 | 19 | | Natural 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 | 12 | | identifies the certificate as a salvage certificate. | 13 | | (b) The salvage certificate shall contain forms for | 14 | | assignment and warranty of title by the owner and for | 15 | | assignment and warranty of title by a dealer and may contain | 16 | | forms for applications for a salvage certificate by a | 17 | | transferee, the naming of a lienholder, and the assignment or | 18 | | release of the security interest of a lienholder. | 19 | | (c) The Department shall designate on a salvage | 20 | | certificate a space where the owner of a watercraft may | 21 | | designate a beneficiary to whom ownership of the watercraft | 22 | | shall pass in the event of the owner's death. | 23 | | (d) A salvage certificate issued by the Department of | 24 | | Natural Resources is prima facie evidence of the facts | 25 | | appearing on it. | 26 | | (e) A salvage certificate is not subject to garnishment, |
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| 1 | | attachment, execution, or other judicial process, but this | 2 | | subsection does not prevent a lawful levy upon the watercraft. | 3 | | (f) Any salvage certificate issued by the Department of | 4 | | Natural Resources is subject to a lien in favor of the State of | 5 | | Illinois for any fees or taxes required to be paid under this | 6 | | Act and as have not been paid, as provided for in this Act. | 7 | | (g) A watercraft that has been issued a salvage | 8 | | certificate 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 | 11 | | January 1, 2021, a person licensed as a scrap processor | 12 | | pursuant to Section 5-301 of the Illinois Vehicle Code who | 13 | | acquires a watercraft with a properly assigned certificate of | 14 | | title, a salvage certificate, a junking certificate, a | 15 | | certificate of purchase, or a similarly acceptable | 16 | | out-of-state document of ownership shall within 15 days of | 17 | | acquiring such document, submit it to the Department of | 18 | | Natural Resources along with a junk watercraft notification, | 19 | | the form and manner for which shall be as prescribed by | 20 | | Department of Natural Resources rule or regulation. A scrap | 21 | | processor who acquires the above-named documents of ownership | 22 | | shall not be required to apply for or obtain a junking | 23 | | certificate. The information contained on a junk watercraft | 24 | | notification shall be duly recorded by the Department of | 25 | | Natural Resources upon the receipt of such notification. The |
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| 1 | | Department of Natural Resources shall not again issue a | 2 | | certificate of title or salvage certificate for any watercraft | 3 | | listed on a junk watercraft notification. | 4 | | (625 ILCS 45/3A-19.3 new) | 5 | | Sec. 3A-19.3. Junking or salvage certificates; insurance | 6 | | company; salvage dealer. | 7 | | (a) Notwithstanding any other provision of law to the | 8 | | contrary, an insurance company or salvage dealer, after | 9 | | completing a record search for any owner of a watercraft, may | 10 | | obtain free of any lien a junking certificate or salvage | 11 | | certificate in the insurance company's name by submitting an | 12 | | application for a junking certificate or salvage certificate | 13 | | to the Department of Natural Resources. The application shall | 14 | | include, but is not limited to, proof of full payment, in whole | 15 | | or in part, to the watercraft owner or, if applicable, any | 16 | | lienholder of record and proof of notice to the watercraft | 17 | | owner and any lienholder via certified mail or other proof of | 18 | | service that a transfer of title shall occur no earlier than 30 | 19 | | days after the date the notice is sent. Upon approval of the | 20 | | application, the Department shall issue to the insurance | 21 | | company a junking certificate or salvage certificate free of | 22 | | any lien in the insurance company's name. This subsection | 23 | | applies only to a watercraft titled in this State that has been | 24 | | through an insurance claims process and the owner of the | 25 | | watercraft or lienholder, if applicable, has received |
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| 1 | | compensation in exchange for relinquishing the ownership | 2 | | rights of the watercraft to an insurance company licensed | 3 | | under the Illinois Insurance Code and the insurance company is | 4 | | unable to obtain an endorsed certificate of title within 30 | 5 | | days of payment to the owner or lienholder. | 6 | | (b) Notwithstanding any other provision of law to the | 7 | | contrary, a salvage dealer, as defined in the Illinois Vehicle | 8 | | Code, after completing a record search for any owner of a | 9 | | watercraft, may obtain free of any lien a junking certificate | 10 | | or salvage certificate in his or her name by submitting an | 11 | | application for a junking certificate or a salvage certificate | 12 | | to the Department of Natural Resources that includes, but is | 13 | | not limited to, proof of notice via certified mail or other | 14 | | proof of service to the watercraft owner or any lienholder | 15 | | that a transfer of title shall occur no earlier than 30 days | 16 | | after the date the notice is sent. The notice shall inform the | 17 | | watercraft owner or lienholder that upon payment of any | 18 | | applicable charges, the watercraft may be removed from the | 19 | | salvage dealer's facility. Upon approval of the application, | 20 | | the Department shall issue to the salvage dealer a junking | 21 | | certificate or salvage certificate free of any lien in the | 22 | | salvage dealer's name. This subsection applies only to a | 23 | | watercraft titled in this State and in possession of a salvage | 24 | | dealer by request of an insurance company licensed under the | 25 | | Illinois Insurance Code or nonprofit organization under the | 26 | | Internal Revenue Code to take possession of the watercraft |
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| 1 | | subject to an insurance claim or charity donation and the | 2 | | insurance company denies coverage of the watercraft or the | 3 | | insurance company or nonprofit organization does not take | 4 | | ownership of the watercraft within 45 days of possession by | 5 | | the salvage dealer. | 6 | | (c) A watercraft owner or lienholder may send notice of a | 7 | | dispute of the transfer of title under this Section within 30 | 8 | | days after the required notice is sent by the insurance | 9 | | company or salvage dealer. If a dispute between a watercraft | 10 | | owner or lienholder and an insurance company or salvage dealer | 11 | | cannot be resolved within 45 days after the required notice to | 12 | | the watercraft owner or lienholder is sent, the watercraft | 13 | | owner or lienholder, within 90 days after sending notice of | 14 | | dispute, shall petition a court of competent jurisdiction for | 15 | | an order to determine ownership of the watercraft and shall | 16 | | notify the Department of Natural Resources of the filing of | 17 | | the petition. If a watercraft owner or lienholder does not | 18 | | file a petition within the 90-day period, the title to the | 19 | | watercraft shall be issued to the insurance company or salvage | 20 | | dealer under this Section. | 21 | | (d) Any person who without authority acquires, sells, | 22 | | exchanges, gives away, transfers, or destroys, or offers to | 23 | | acquire, sell, exchange, give away, transfer, or destroy, the | 24 | | certificate of title to any watercraft that is a junk or | 25 | | salvage watercraft shall be guilty of a Class 3 felony. | 26 | | (e) Any person who knowingly fails to surrender to the |
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| 1 | | Department of Natural Resources a certificate of title, | 2 | | salvage certificate, or certificate of purchase is guilty of a | 3 | | Class A misdemeanor for a first offense and a Class 4 felony | 4 | | for a second and subsequent offense. | 5 | | (f) A junk watercraft may not be operated upon the | 6 | | waterways within this State. A violation of this subsection is | 7 | | a Class A misdemeanor. | 8 | | (g) The Department of Natural Resources may adopt rules to | 9 | | implement this Section. | 10 | | (625 ILCS 45/3A-19.4 new) | 11 | | Sec. 3A-19.4. Application for salvage certificate or | 12 | | junking certificate; contents. | 13 | | (a) An application for a salvage certificate or junking | 14 | | certificate shall be made upon the forms prescribed by the | 15 | | Department 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 | 25 | | assigned 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. | 3 | | Violation of any of the
following provisions shall constitute | 4 | | a Class 2 felony:
| 5 | | (a) No person shall alter, forge or counterfeit any | 6 | | certificate of title
or a manufacturer's or importer's | 7 | | certificate to a watercraft.
| 8 | | (b) No person shall alter or falsify any assignment of a | 9 | | certificate of
title, or an assignment or cancellation of a | 10 | | security interest on a certificate
of title to a watercraft.
| 11 | | (c) No person shall hold or use a certificate of title to a | 12 | | watercraft
nor hold or use any assignment or cancellation of a | 13 | | security interest on
a certificate of title to a watercraft, | 14 | | knowing it to have been altered,
forged, counterfeited or | 15 | | falsified.
| 16 | | (d) No person shall use a false or fictitious name or | 17 | | address, or make
any material false statement, or conceal any | 18 | | material fact, in an application
for a certificate of title, | 19 | | or in a bill of sale or sworn statement of
ownership.
| 20 | | (e) No person shall procure or attempt to procure a | 21 | | certificate of title
to a watercraft, or pass or attempt to | 22 | | pass a certificate of title or any
assignment thereof to a | 23 | | watercraft, knowing or having reason to believe
that such | 24 | | watercraft has been stolen.
| 25 | | (f) No person shall have possession of, buy, receive, sell |
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| 1 | | or offer to
sell, or otherwise dispose of a watercraft on which | 2 | | the manufacturer's
or assigned serial number of the watercraft | 3 | | has been destroyed, removed,
covered, altered, or defaced, | 4 | | knowing of such destruction, removal, covering,
alteration or | 5 | | defacement of such manufacturer's or assigned serial number.
| 6 | | (g) No person shall destroy, remove, cover, alter or | 7 | | deface the
manufacturer's or assigned serial number on any | 8 | | watercraft.
| 9 | | (h) No person, firm, or corporation may knowingly possess, | 10 | | buy, sell, exchange, or give away, or offer to buy, sell, | 11 | | exchange, or give away, the certificate of title to any junk or | 12 | | salvage watercraft in violation of this Article, or may fail | 13 | | to surrender the certificate of title to the Department of | 14 | | Natural Resources as required under this Section and Section | 15 | | 3A-15. No person shall possess, buy, sell, exchange or give | 16 | | away, or offer
to buy, sell, exchange, or give away the | 17 | | certificate of title to any watercraft
which is a junk or | 18 | | salvage.
| 19 | | (Source: P.A. 88-524.)
| 20 | | (625 ILCS 45/3A-22 new) | 21 | | Sec. 3A-22. Rules. The Department may adopt rules to | 22 | | implement 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 | 2 | | provided in Section 3C-2, the police
headquarters or office of | 3 | | the law enforcement officer authorizing the towing shall keep
| 4 | | and maintain a record of the watercraft towed, listing the | 5 | | color,
manufacturer's trade name, manufacturer's series name, | 6 | | hull type, hull
material, hull identification number, and | 7 | | registration number displayed on
the watercraft. The record | 8 | | shall also include the date and hour of tow,
location towed | 9 | | from, location towed to, and reason for towing and the name
of | 10 | | the officer authorizing the tow. | 11 | | (b) When a watercraft is authorized to be towed, the | 12 | | authorization, any hold order, and any release shall be in | 13 | | writing, or confirmed in writing, with a copy given to the | 14 | | towing service. | 15 | | (c) The owner, operator, or other legally entitled person | 16 | | shall be responsible to the towing service for the payment of | 17 | | applicable removal, towing, storage, and processing charges | 18 | | and collection costs associated with a watercraft towed or | 19 | | held under order or authorization of a law enforcement agency. | 20 | | If a watercraft towed or held under order or authorization of a | 21 | | law enforcement agency is seized by the ordering or | 22 | | authorizing agency or any other law enforcement or | 23 | | governmental agency and sold, any unpaid removal, towing, | 24 | | storage, and processing charges and collection costs shall be | 25 | | paid to the towing service from the proceeds of the sale. If | 26 | | the applicable law provides that the proceeds are to be paid |
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| 1 | | into the treasury of the appropriate civil jurisdiction, then | 2 | | any unpaid removal, towing, storage, and processing charges | 3 | | and collection costs shall be paid to the towing service from | 4 | | the treasury of the civil jurisdiction. That payment shall | 5 | | not, however, exceed the amount of proceeds from the sale, | 6 | | with the balance to be paid by the owner, operator, or other | 7 | | legally entitled person. | 8 | | (d) Upon the delivery of a written release order to the | 9 | | towing service, a watercraft subject to a hold order shall be | 10 | | released to the owner, operator, or other legally entitled | 11 | | person upon proof of ownership or other entitlement and upon | 12 | | payment of applicable removal, towing, storage, and processing | 13 | | charges 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 | 18 | | wearable U.S. Coast Guard approved personal flotation device | 19 | | for each person PFD is on board, so placed as to be readily | 20 | | available for each person.
| 21 | | B. No person may operate a personal watercraft or | 22 | | specialty prop-craft
unless each person aboard is wearing a | 23 | | wearable U.S. Coast Guard approved personal flotation device
| 24 | | PFD approved by the United States Coast Guard . No person on | 25 | | board a personal watercraft shall use an inflatable PFD in |
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| 1 | | order to meet the PFD requirements of subsection A of this | 2 | | Section.
| 3 | | C. No person may operate a watercraft 16 feet or more in | 4 | | length,
except a canoe or kayak, unless at least one readily | 5 | | accessible United States Coast Guard
approved throwable PFD is | 6 | | on board.
| 7 | | D. (Blank).
| 8 | | E. When assisting a person on water skis, aquaplane or | 9 | | similar
device, there must be one wearable U.S. United States | 10 | | Coast Guard approved PFD on
board the watercraft for each | 11 | | person being assisted or towed or worn
by the person being | 12 | | assisted or towed.
| 13 | | F. No person may operate a watercraft unless each device | 14 | | required 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 | 2 | | device that is approved by the United States Coast Guard under | 3 | | Title 46 CFR Part 160.
| 4 | | H. (Blank).
| 5 | | H-5. An approved and appropriately sized United States | 6 | | Coast Guard approved personal flotation device shall be worn | 7 | | by each person under the age of 13 while in tow. | 8 | | I. No person may operate a watercraft under 26 feet in | 9 | | length unless an approved and appropriate sized United States | 10 | | Coast Guard personal flotation device is being properly worn | 11 | | by each person
under
the age of 13 on board the watercraft at | 12 | | all times in which the watercraft is
underway; however, this | 13 | | requirement shall not apply to persons who are below
decks or | 14 | | in totally enclosed cabin spaces.
The provisions of this | 15 | | subsection I shall not apply to a person operating a
| 16 | | watercraft on an individual's private property.
| 17 | | J. Racing shells, rowing sculls, racing canoes, and racing | 18 | | kayaks are exempt from the PFD, of any type, carriage | 19 | | requirements under this Section provided that the racing | 20 | | shell, racing scull, racing canoe, or racing kayak is | 21 | | participating in an event sanctioned by the Department as a | 22 | | PFD optional event. The Department may adopt rules to | 23 | | implement 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 | 3 | | into classes as follows: It is unlawful to operate any vessel | 4 | | less than 39 feet in length unless
the following lights are | 5 | | carried 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 | 24 | | or in all weather causing reduced visibility, shall carry and | 25 | | exhibit the following United States Coast Guard approved | 26 | | lights when underway and, during such time, no other lights |
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| 1 | | that may be mistaken for or interfere with those prescribed | 2 | | shall be exhibited: Watercraft propelled by muscular power | 3 | | when underway shall carry on
board from sunset to sunrise, but | 4 | | not fixed to any part of the boat, a
lantern or flashlight | 5 | | capable of showing a white light visible all around
the | 6 | | horizon at a distance of 2 miles or more, and shall display | 7 | | such
lantern in sufficient time to avoid collision with | 8 | | another 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 | 13 | | hand, a lantern or flashlight showing a white light that shall | 14 | | be exhibited in sufficient time to avert collision. Manually | 15 | | propelled watercraft used on the waters of this State where | 16 | | power-driven vessels are prohibited are exempt from the | 17 | | provisions of this Section. Every vessel 39 feet or more in | 18 | | length shall carry and display when
underway such additional | 19 | | or alternate lights as shall be required by the U.
S. Coast | 20 | | Guard for watercraft of equivalent length and type.
| 21 | | D. Any watercraft may carry and exhibit the lights | 22 | | required by the international regulations in lieu of the | 23 | | lights required by subsection B of this Section. Sailboats | 24 | | equipped with motors and being propelled partly or solely
by | 25 | | such motors shall carry and display the same lights required | 26 | | for
motorboats of the same class. Sailboats being propelled |
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| 1 | | entirely by sail
between sunset and sunrise shall have lighted | 2 | | the combination running light,
and a white light visible aft | 3 | | only. Sailboats 26 feet or more in length,
equipped with | 4 | | motors but being propelled entirely by sail between sunset and
| 5 | | sunrise, shall have lighted the colored side lights suitably | 6 | | screened, but not
the white lights prescribed for motorboats.
| 7 | | E. All watercraft, when anchored, other than in a special | 8 | | anchorage area as defined in 33 CFR 109.10, shall, from sunset | 9 | | to sunrise, carry and display a steady white light visible all | 10 | | around the horizon for a distance of no less than 2 miles. | 11 | | Dinghies, tenders and other watercraft, whose principal | 12 | | function is
as an auxiliary to other larger watercraft, when | 13 | | so operating need carry
only a flashlight visible to other | 14 | | craft in the area, anything in this
section to the contrary | 15 | | notwithstanding.
| 16 | | F. (Blank). Vessels at anchor between the hours of sunset | 17 | | and sunrise, except
those in a "Special Anchorage Area", shall | 18 | | display such anchor lights as
shall be required by the U. S. | 19 | | Coast Guard for watercraft of equivalent
length and type.
| 20 | | G. (Blank). Watercraft operated manually or by motor which | 21 | | are located on bodies
of water where motors of over 7 1/2 | 22 | | horsepower are prohibited must be
equipped during the hours | 23 | | between sunset and sunrise with a lantern or
flashlight which | 24 | | is capable of showing a beam for 2 miles, anything in this
| 25 | | Section 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 | 4 | | which unreasonably or
unnecessarily interferes with other | 5 | | watercraft or with the free and proper
navigation of the | 6 | | waterways of the State. Anchoring under bridges or in
heavily | 7 | | traveled channels constitutes such interference if | 8 | | unreasonable
under the prevailing circumstances.
| 9 | | (b) A vessel engaged in fishing shall not impede the | 10 | | passage of any other vessel navigating within a narrow channel | 11 | | or canal. | 12 | | (c) A vessel nearing a bend or an area of a narrow channel | 13 | | or canal where other vessels may be obscured by an intervening | 14 | | obstruction shall navigate with alertness and caution and | 15 | | shall sound the appropriate audible signal as required by the | 16 | | Inland and International Navigation Rules as written by the | 17 | | United States Coast Guard and this Act. | 18 | | (d) A vessel shall avoid anchoring in a narrow channel, | 19 | | under bridges, or in heavily traveled channels or canals, if | 20 | | unreasonable 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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| 1 | | 22.5 degrees beyond the middle of the vessel on the starboard | 2 | | side of the watercraft shall be designated the danger zone. An | 3 | | operator of a watercraft shall yield the right-of-way to any | 4 | | other watercraft occupying or entering into the danger zone | 5 | | that may result in collision. Passing. When 2 boats are | 6 | | approaching each other "head on" or
nearly so (so as to involve | 7 | | risk of collision), each boat must bear to the
right and pass | 8 | | the other boat on its left side.
| 9 | | A-5. Head-on situation. | 10 | | (1) If 2 power-driven vessels are meeting head-on or | 11 | | nearly head-on courses so as to involve risk of collision, | 12 | | each shall alter course to starboard so that each shall pass on | 13 | | the port side of the other. | 14 | | (2) A vessel proceeding along the course of a narrow | 15 | | channel or canal shall keep as near to the outer limit of the | 16 | | channel or canal that lies on the starboard side as is safe and | 17 | | practicable. | 18 | | (3) A power-driven vessel operating in narrow channels and | 19 | | proceeding downstream shall have the right-of-way over a | 20 | | vessel proceeding upstream. The vessel proceeding upstream | 21 | | shall yield as necessary to permit safe passing. | 22 | | B. Crossing. As used in this Section, "crossing" means 2 | 23 | | or more watercraft traveling in directions that would have the | 24 | | path of travel of the watercraft intersect each other. When | 25 | | boats approach each other obliquely or at right
angles, the | 26 | | boat 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 | 2 | | involve the risk of collision, the vessel that has the other on | 3 | | the starboard side shall keep out of the way and shall avoid | 4 | | crossing ahead of the other vessel. | 5 | | (2) A power-driven vessel crossing a river shall keep out | 6 | | of the way of a power-driven vessel ascending or descending | 7 | | the river. | 8 | | (3) A vessel may not cross a narrow channel or canal if the | 9 | | crossing impedes the passage of a vessel that can only safely | 10 | | navigate within the channel or canal. | 11 | | C. Overtaking. One boat may overtake another on either | 12 | | side but must
grant right of way to the overtaken boat.
| 13 | | (1) A vessel overtaking any other shall give way to the | 14 | | vessel being overtaken. | 15 | | (2) If a vessel operator is in doubt as to whether he or | 16 | | she is overtaking another vessel, the operator shall assume | 17 | | that is the case and act accordingly. | 18 | | (3) Any subsequent alteration of the bearing between the 2 | 19 | | vessels shall not make the overtaking vessel a crossing vessel | 20 | | within the meaning of this Section or relieve the overtaking | 21 | | operator of the duty of keeping clear of the overtaken vessel | 22 | | until finally past and clear. | 23 | | (4) In a narrow channel or canal when overtaking, the | 24 | | operator of a power-driven vessel intending to overtake | 25 | | another power-driven vessel shall proceed to pass safety only | 26 | | after indicating his or her intention by sounding the horn as |
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| 1 | | follows: | 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 | 7 | | overtaken 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 | 13 | | as an indication of danger and the same as if 5 short blasts | 14 | | from the horn were sounded. | 15 | | In the absence of an audible signal or horn, a light signal | 16 | | device using the appropriate number of rapid bursts of light | 17 | | may be used. | 18 | | D. Sailing vessels. | 19 | | (1) The operator of a power-driven vessel shall yield the | 20 | | right-of-way to any nonpowered or sailing vessel unless the | 21 | | nonpowered vessel is overtaking the power-driven vessel or | 22 | | Sailboats and Rowboats. When a motorboat is approaching a boat
| 23 | | propelled solely by sails or oars, the motorboat must yield | 24 | | the right of
way to the sailboat or rowboat except, when a | 25 | | large craft is navigating in
a confined channel, the large | 26 | | craft has the right-of-way right of way over a boat
propelled |
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| 1 | | solely by oars or sails.
| 2 | | (2) If 2 sailing vessels are approaching one another, so | 3 | | as to involve risk of collision, one of them shall keep out of | 4 | | the 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 | 18 | | becoming law.".
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