Full Text of HB5220 97th General Assembly
HB5220 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5220 Introduced 2/8/2012, by Rep. Jil Tracy SYNOPSIS AS INTRODUCED: |
|
625 ILCS 45/3A-1 | from Ch. 95 1/2, par. 313A-1 |
625 ILCS 45/3A-3 | from Ch. 95 1/2, par. 313A-3 |
625 ILCS 45/3A-7 | from Ch. 95 1/2, par. 313A-7 |
625 ILCS 45/3A-10 | from Ch. 95 1/2, par. 313A-10 |
625 ILCS 45/3A-17 | from Ch. 95 1/2, par. 313A-17 |
|
Amends the Boat Registration and Safety Act. Makes every owner of a watercraft engine subject to provisions requiring a certificate of title. Provides that watercraft engines are subject to Sections concerning: application for first certificate of title; certificate of title contents; refusal of title certificate; and transfer.
|
| |
| | A BILL FOR |
|
| | | HB5220 | | LRB097 18943 HEP 64181 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Boat Registration and Safety Act is amended | 5 | | by changing Sections 3A-1, 3A-3, 3A-7, 3A-10, and 3A-17 as | 6 | | follows:
| 7 | | (625 ILCS 45/3A-1) (from Ch. 95 1/2, par. 313A-1)
| 8 | | Sec. 3A-1. Certificate of title required.
| 9 | | (a) Every owner of a watercraft and every owner of a | 10 | | watercraft engine required to be numbered by this State and
for | 11 | | which no certificate of title has been issued by the Department | 12 | | of
Natural Resources shall make application to the Department
| 13 | | of Natural Resources for a certificate of title either
before | 14 | | or at the same time he next applies for issuance, transfer or | 15 | | renewal of
a certificate of number. All watercraft already | 16 | | covered by a number in full
force and effect which has been | 17 | | awarded to it pursuant to Federal law is exempt
from titling | 18 | | requirements in this Act.
| 19 | | (b) The Department shall not issue, transfer or renew a | 20 | | certificate of
number unless a certificate of title has been | 21 | | issued by the Department of
Natural Resources or an application | 22 | | for a certificate of
title has been delivered to the | 23 | | Department.
|
| | | HB5220 | - 2 - | LRB097 18943 HEP 64181 b |
|
| 1 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 2 | | (625 ILCS 45/3A-3) (from Ch. 95 1/2, par. 313A-3)
| 3 | | Sec. 3A-3. Application for first certificate of title.
| 4 | | (a) The application for the first certificate of title in
| 5 | | this State must be made by the owner to the Department of | 6 | | Natural Resources on
the form prescribed and must contain:
| 7 | | 1. The name, residence and mail address of the owner;
| 8 | | 2. A description of the watercraft and a description of | 9 | | a watercraft engine so far as the following data
exists: | 10 | | Its make, model, year of manufacture, manufacturer's | 11 | | serial number
or builder's hull number, length and | 12 | | principal material used in construction;
| 13 | | 3. The date of purchase by applicant, the name and | 14 | | address of the person
from whom the watercraft or | 15 | | watercraft engine was acquired and the names and addresses | 16 | | of any
lienholders in the order of their priority and the | 17 | | dates of their security
agreements; and
| 18 | | 4. Any further information the Department of Natural | 19 | | Resources
reasonably requires to identify the watercraft | 20 | | or watercraft engine and to enable the Department
to | 21 | | determine whether the owner is entitled to a certificate of | 22 | | title and
the existence or nonexistence of security | 23 | | interests in the watercraft.
| 24 | | (b) If the application refers to a watercraft or watercraft | 25 | | engine purchased from a dealer, it
must contain the name and |
| | | HB5220 | - 3 - | LRB097 18943 HEP 64181 b |
|
| 1 | | address of any lienholder holding a security
interest created | 2 | | or reserved at the time of the sale and the date of his
| 3 | | security agreement and be signed by the dealer as well as the | 4 | | owner, and
the dealer must within 15 days mail or deliver the | 5 | | application to the
Department of Natural Resources.
| 6 | | (c) If the application refers to a watercraft or watercraft | 7 | | engine last previously registered in
another State or country, | 8 | | the application must contain or be accompanied
by:
| 9 | | 1. Any certificate of title issued by the other State | 10 | | or country;
and
| 11 | | 2. Any other information and documents the Department | 12 | | of Natural
Resources reasonably requires to establish | 13 | | ownership and the
existence or nonexistence of security | 14 | | interests.
| 15 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 16 | | (625 ILCS 45/3A-7) (from Ch. 95 1/2, par. 313A-7)
| 17 | | Sec. 3A-7. Contents and effect.
| 18 | | (a) Each certificate of title issued by the Department of | 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 on | 25 | | the certificate;
|
| | | HB5220 | - 4 - | LRB097 18943 HEP 64181 b |
|
| 1 | | 4. The title number assigned to the watercraft or | 2 | | watercraft engine ;
| 3 | | 5. A description of the watercraft or watercraft engine | 4 | | including, so far as the following data
exists: its make, | 5 | | model, year of manufacture, registration number, and
| 6 | | manufacturer's
serial number or, if none, the builder's | 7 | | hull number, length, purchase date,
and the principal | 8 | | material used in construction;
| 9 | | 6. Any other data the Department of Natural Resources
| 10 | | prescribes.
| 11 | | (b) The certificate of title shall contain forms for | 12 | | assignment and
warranty of title by the owner, and for | 13 | | assignment and warranty of title by
a dealer, and may contain | 14 | | forms for applications for a certificate of title
by a | 15 | | transferee, the naming of a lienholder and the assignment or | 16 | | release
of the security interest of a lienholder.
| 17 | | (c) A certificate of title issued by the Department of | 18 | | Natural Resources is
prima facie evidence of the facts | 19 | | appearing on it.
| 20 | | (d) A certificate of title is not subject to garnishment,
| 21 | | attachment, execution or other judicial process, but this | 22 | | subsection does
not prevent a lawful levy upon the watercraft | 23 | | or watercraft engine .
| 24 | | (e) Any certificate of title issued by the Department of | 25 | | Natural
Resources is subject
to a lien in favor of the State of | 26 | | Illinois for any fees or taxes required
to be paid under this |
| | | HB5220 | - 5 - | LRB097 18943 HEP 64181 b |
|
| 1 | | Act and as have not been paid, as provided for in
this Act.
| 2 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 3 | | (625 ILCS 45/3A-10) (from Ch. 95 1/2, par. 313A-10)
| 4 | | Sec. 3A-10. Refusing certificate of title. The Department | 5 | | of Natural
Resources shall refuse issuance of a certificate of | 6 | | title
if any required fee is not paid or if he has reasonable | 7 | | grounds to believe
that:
| 8 | | (a) The applicant is not the owner of the watercraft or | 9 | | watercraft engine ;
| 10 | | (b) The application contains a false or fraudulent | 11 | | statement; or
| 12 | | (c) The applicant fails to furnish required information or | 13 | | documents or
any additional information the Department of | 14 | | Natural Resources reasonably requires;
| 15 | | (d) The applicant has not paid any fees or
taxes due under | 16 | | this Act and have not been paid upon reasonable notice and
| 17 | | demand.
| 18 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 19 | | (625 ILCS 45/3A-17) (from Ch. 95 1/2, par. 313A-17)
| 20 | | Sec. 3A-17. Transfer of watercraft or watercraft engine . A | 21 | | transferor of a watercraft or watercraft engine
other than a | 22 | | dealer transferring a new watercraft, shall deliver
to the | 23 | | transferee at the time of delivery of possession of the | 24 | | watercraft or watercraft engine the
properly assigned |
| | | HB5220 | - 6 - | LRB097 18943 HEP 64181 b |
|
| 1 | | certificate of title.
| 2 | | (Source: P.A. 85-149.)
|
|