Illinois General Assembly - Full Text of HB5220
Illinois General Assembly

Previous General Assemblies

Full Text of HB5220  97th General Assembly




State of Illinois
2011 and 2012


Introduced 2/8/2012, by Rep. Jil Tracy


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.

LRB097 18943 HEP 64181 b





HB5220LRB097 18943 HEP 64181 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Boat Registration and Safety Act is amended
5by changing Sections 3A-1, 3A-3, 3A-7, 3A-10, and 3A-17 as
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
10watercraft engine required to be numbered by this State and for
11which no certificate of title has been issued by the Department
12of Natural Resources shall make application to the Department
13of Natural Resources for a certificate of title either before
14or at the same time he next applies for issuance, transfer or
15renewal of a certificate of number. All watercraft already
16covered by a number in full force and effect which has been
17awarded to it pursuant to Federal law is exempt from titling
18requirements in this Act.
19    (b) The Department shall not issue, transfer or renew a
20certificate of number unless a certificate of title has been
21issued by the Department of Natural Resources or an application
22for a certificate of title has been delivered to the



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
5this State must be made by the owner to the Department of
6Natural 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
25engine purchased from a dealer, it must contain the name and



HB5220- 3 -LRB097 18943 HEP 64181 b

1address of any lienholder holding a security interest created
2or reserved at the time of the sale and the date of his
3security agreement and be signed by the dealer as well as the
4owner, and the dealer must within 15 days mail or deliver the
5application to the Department of Natural Resources.
6    (c) If the application refers to a watercraft or watercraft
7engine last previously registered in another State or country,
8the 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
19Natural Resources shall contain:
20        1. The date issued;
21        2. The name and address of the owner;
22        3. The names and addresses of any lienholders, in the
23    order of priority as shown on the application or, if the
24    application is based on a certificate of title, as shown 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
12assignment and warranty of title by the owner, and for
13assignment and warranty of title by a dealer, and may contain
14forms for applications for a certificate of title by a
15transferee, the naming of a lienholder and the assignment or
16release of the security interest of a lienholder.
17    (c) A certificate of title issued by the Department of
18Natural Resources is prima facie evidence of the facts
19appearing on it.
20    (d) A certificate of title is not subject to garnishment,
21attachment, execution or other judicial process, but this
22subsection does not prevent a lawful levy upon the watercraft
23or watercraft engine.
24    (e) Any certificate of title issued by the Department of
25Natural Resources is subject to a lien in favor of the State of
26Illinois for any fees or taxes required to be paid under this



HB5220- 5 -LRB097 18943 HEP 64181 b

1Act 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
5of Natural Resources shall refuse issuance of a certificate of
6title if any required fee is not paid or if he has reasonable
7grounds to believe that:
8    (a) The applicant is not the owner of the watercraft or
9watercraft engine;
10    (b) The application contains a false or fraudulent
11statement; or
12    (c) The applicant fails to furnish required information or
13documents or any additional information the Department of
14Natural Resources reasonably requires;
15    (d) The applicant has not paid any fees or taxes due under
16this Act and have not been paid upon reasonable notice and
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
21transferor of a watercraft or watercraft engine other than a
22dealer transferring a new watercraft, shall deliver to the
23transferee at the time of delivery of possession of the
24watercraft or watercraft engine the properly assigned



HB5220- 6 -LRB097 18943 HEP 64181 b

1certificate of title.
2(Source: P.A. 85-149.)