(625 ILCS 45/3A-15) (from Ch. 95 1/2, par. 313A-15)
Sec. 3A-15. Transfer by operation of law.
(a) If the interest of an owner in a watercraft passes to another other
than by voluntary transfer, the transferee shall, except as provided in
subsection (b), promptly mail or deliver within 15 days to the Department of
Natural Resources the last certificate of title, if
available, proof of the transfer, and his or her application for a new
certificate in the form the Department prescribes. It
shall be unlawful for any person having possession of a certificate of title
for a watercraft by reason of his or her having a lien or encumbrance on such
watercraft, to fail or refuse to deliver such certificate to the owner, upon
the satisfaction or discharge of the lien or encumbrance, indicated upon such
certificate of title.
(b) If the interest of an owner in a watercraft passes to another under the
provisions of the Small Estates provisions of the Probate Act of 1975,
as amended, the transferee shall promptly mail or deliver to the Department of
Natural Resources, within 120 days, the last certificate
of title, if available, the documentation required under the provisions of the
Probate Act of 1975, as amended, and an application for certificate
of title. The transfer may be to the transferee or to the nominee of the
transferee.
(c) If the interest of an owner in a watercraft passes to another under
other provisions of the Probate Act of 1975, as amended,
and the transfer is made by an executor, administrator, or guardian for
a person with a disability, such transferee shall promptly mail or deliver to the
Department of Natural Resources, the last certificate of
title, if available, and a certified copy of the letters testamentary, letters
of administration or letters of guardianship, as the case may be, and an
application for certificate of title. Such application shall be made before
the estate is closed. The transfer may be to the transferee or to the nominee
of the transferee.
(d) If the interest of an owner in joint tenancy passes to the other
joint tenant with survivorship rights as provided by law, the transferee
shall promptly mail or deliver to the Department of Natural Resources, the last certificate of title, if available, proof of death
of the one joint tenant
and survivorship of the surviving joint tenant, and an application for
certificate of title. Such application shall be made within 120 days after
the death of the joint tenant. The transfer may be to the
transferee or to the nominee of the transferee.
(e) If the interest of the owner is terminated or the watercraft is sold
under a security agreement by a lienholder named in the certificate of
title, the transferee shall promptly mail or deliver within 15 days to the
Department of Natural Resources the last certificate of
title, his or her
application for a new certificate in the form the Department
prescribes, and an affidavit made by or on behalf of the lienholder that
the watercraft was repossessed and that the interest of the owner was lawfully
terminated or sold pursuant to the terms of the security agreement. In all
cases wherein a lienholder has found it necessary to repossess a watercraft
and desires to obtain certificate of title for such watercraft in the
name of such lienholder, the Department of Natural Resources shall not issue a
certificate of title to such lienholder unless the person from whom such
watercraft has been repossessed, is shown to be the last registered owner of
such watercraft and such lienholder establishes to the satisfaction of
the Department that he or she is entitled to such
certificate of title.
(f) A person holding a certificate of title whose interest in the
watercraft has been extinguished or transferred other than by voluntary
transfer shall mail or deliver the certificate within 15 days upon request
of the Department of Natural Resources. The delivery of
the certificate pursuant to the request of the Department of Natural
Resources does not affect the
rights of the person surrendering the certificate, and the action of the
Department in issuing a new certificate of title as
provided herein is not conclusive upon the rights of an owner or lienholder
named in the old certificate.
(g) The Department of Natural Resources may decline to
process any
application for a transfer of an interest hereunder if any fees or taxes
due under this Act from the transferor or the transferee have not been paid
upon reasonable notice and demand.
(h) The Department of Natural Resources shall not be
held civilly or criminally liable to any person because any purported
transferor may not have had the power or authority to make a transfer of any
interest in any watercraft.
(Source: P.A. 99-143, eff. 7-27-15.)
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