SB2550 93RD GENERAL ASSEMBLY

LRB093 20475 DRH 46263 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2550

Introduced 2/3/2004, by Denny Jacobs

SYNOPSIS AS INTRODUCED:

625 ILCS 40/10-1.1 new
625 ILCS 45/3A-21	from Ch. 95 1/2, par. 313A-21
625 ILCS 45/6-1	from Ch. 95 1/2, par. 316-1

Amends the Snowmobile Registration and Safety Act and the Boat Registration and Safety Act. Provides that it is illegal to alter or remove the serial numbers of any snowmobile, snowmobile engine, outboard motor, inboard motor, watercraft sterndrive unit, or any of their component parts, or to knowingly buy, sell, or possess any of those items if a serial number has been removed from it. Provides that if a boat sustains accidental damage in the amount of $2,000 (rather than $500), or if a vessel is completely lost, the incident must be reported to the Department of Natural Resources. Effective July 1, 2004.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Snowmobile Registration and Safety Act is amended by changing Section 10-1.1 as follows:

(625 ILCS 40/10-1.1 new)

Sec. 10-1.1. Unlawful removal of serial numbers.

(a) A person may not knowingly possess or buy, receive, sell, offer to sell, or otherwise dispose of a snowmobile, engine, or any component part of a snowmobile or engine on which the manufacturer's or assigned serial number has been destroyed, removed, covered, altered, or defaced.

(b) A person may not destroy, remove, cover, alter, or deface the manufacturer's or assigned serial number of a snowmobile, engine, or any component part of a snowmobile or engine.

(c) A violation of this Section is a Class 2 felony.

Section 10. The Boat Registration and Safety Act is amended by changing Sections 3A-21 and 6-1 as follows:

(625 ILCS 45/3A-21) (from Ch. 95 1/2, par. 313A-21)

Sec. 3A-21. Offenses relating to titling; felonies. Violation of any of the following provisions shall constitute a Class 2 felony:

(a) No person shall alter, forge or counterfeit any certificate of title or a manufacturer's or importer's certificate to a watercraft.

(b) No person shall alter or falsify any assignment of a certificate of title, or an assignment or cancellation of a security interest on a certificate of title to a watercraft.

(c) No person shall hold or use a certificate of title to a watercraft nor hold or use any assignment or cancellation of a security interest on a certificate of title to a watercraft, knowing it to have been altered, forged, counterfeited or falsified.

(d) No person shall use a false or fictitious name or address, or make any material false statement, or conceal any material fact, in an application for a certificate of title, or in a bill of sale or sworn statement of ownership.

(e) No person shall procure or attempt to procure a certificate of title to a watercraft, or pass or attempt to pass a certificate of title or any assignment thereof to a watercraft, knowing or having reason to believe that such watercraft has been stolen.

(f) No person shall have possession of, buy, receive, sell or offer to sell, or otherwise dispose of a watercraft, outboard motor, inboard engine, sterndrive unit, or any component part of a watercraft, outboard motor, inboard engine, or sterndrive unit on which the manufacturer's or assigned serial number of the watercraft has been destroyed, removed, covered, altered, or defaced, knowing of such destruction, removal, covering, alteration or defacement of such manufacturer's or assigned serial number.

(g) No person shall destroy, remove, cover, alter or deface the manufacturer's or assigned serial number on any watercraft, outboard motor, inboard engine, sterndrive unit, or any component part of a watercraft, outboard motor, inboard engine, or sterndrive unit.

(h) No person shall possess, buy, sell, exchange or give away, or offer to buy, sell, exchange, or give away the certificate of title to any watercraft which is a junk or salvage.

(Source: P.A. 88-524.)

(625 ILCS 45/6-1) (from Ch. 95 1/2, par. 316-1)

Sec. 6-1. Collisions, accidents, and casualties; reports.

A. The operator of a vessel involved in a collision, accident, or other casualty, so far as he can without serious danger to his own vessel, crew, passengers and guests, if any, shall render to other persons affected by the collision, accident, or other casualty assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also shall give his name, address, and identification of his vessel to any person injured and to the owner of any property damaged in the collision, accident, or other casualty.

B. In the case of collision, accident, or other casualty involving a vessel, the operator, if the collision, accident, or other casualty results in death or injury to a person or damage to property in excess of $2,000, or if there is complete loss of the vessel $500, shall file with the Department a full description of the collision, accident, or other casualty, including information as the Department may by regulation require. Reports of the accidents must be filed with the Department on a Department Accident Report form within 5 days.

C. Reports of accidents resulting in personal injury, where a person sustains an injury requiring medical attention beyond first aid is incapacitated for a period exceeding 72 hours, must be filed with the Department on a Department Accident Report form within 5 days. Accidents that result in loss of life shall be reported to the Department on a Department form within 48 hours.

D. All required accident reports and supplemental reports are without prejudice to the individual reporting, and are for the confidential use of the Department, except that the Department may disclose the identity of a person involved in an accident when the identity is not otherwise known or when the person denies his presence at the accident. No report may be used as evidence in any trial, civil or criminal, arising out of an accident, except that the Department must furnish upon demand of any person who has or claims to have made a report or upon demand of any court a certificate showing that a specified accident report has or has not been made to the Department solely to prove a compliance or a failure to comply with the requirements that a report be made to the Department.

E. (1) Every coroner or medical examiner shall on or before the 10th day of each month report in writing to the Department the circumstances surrounding the death of any person that has occurred as the result of a boating accident within the examiner's jurisdiction during the preceding calendar month.

(2) Within 6 hours after a death resulting from a boating accident, but in any case not more than 12 hours after the occurrence of the boating accident, a blood specimen of at least 10 cc shall be withdrawn from the body of the decedent by the coroner or medical examiner or by a qualified person at the direction of the physician. All morticians shall obtain a release from the coroner or medical examiner prior to proceeding with embalming any body coming under the scope of this Section. The blood so drawn shall be forwarded to a laboratory approved by the Department of State Police for analysis of the alcoholic content of the blood specimen. The coroner or medical examiner causing the blood to be withdrawn shall be notified of the results of each analysis made and shall forward the results of each analysis to the Department. The Department shall keep a record of all examinations to be used for statistical purposes only. The cumulative results of the examinations, without identifying the individuals involved, shall be disseminated and made public by the Department.

(Source: P.A. 91-828, eff. 1-1-01.)

Section 99. Effective date. This Act takes effect July 1, 2004.