2023 Illinois Compiled Statutes › Chapter 625 - VEHICLES › 625 ILCS 45/ - Boat Registration and Safety Act. › Article IIIA - Certificate Of Title, Motorboats And Sailboats Over 12 Feet In Length

(625 ILCS 45/Art. IIIA heading)
ARTICLE IIIA.  
		CERTIFICATE OF TITLE, MOTORBOATS AND
SAILBOATS OVER 12 FEET IN LENGTH
(625 ILCS 45/3A-1) (from Ch. 95 1/2, par. 313A-1)
Sec. 3A-1. Certificate of title required.
(a) Every owner of a watercraft over 21 feet in length required to be numbered by this State and
for which no certificate of title has been issued by the Department of
Natural Resources shall make application to the Department
of Natural Resources for a certificate of title either
before or at the same time he next applies for issuance, transfer or renewal of
a certificate of number.  All watercraft already covered by a number in full
force and effect which has been awarded to it pursuant to Federal law is exempt
from titling requirements in this Act.
(b) The Department shall not issue, transfer or renew a certificate of
number unless a certificate of title has been issued by the Department of
Natural Resources or an application for a certificate of
title has been delivered to the Department.
(Source: P.A. 100-469, eff. 6-1-18.)
(625 ILCS 45/3A-2) (from Ch. 95 1/2, par. 313A-2)
Sec. 3A-2. 
		Voluntary titling. 
		The owner of any watercraft exempt
from Section 3A-1(a) of this Act may apply to the Department of Natural
Resources for a certificate of title by filing an application accompanied by
the prescribed fee.  Any owner exempt from this Act who obtains a certificate
of title must also obtain a certificate of number as prescribed in Section
3-9 of this Act.
(Source: P.A. 91-357, eff. 7-29-99.)
(625 ILCS 45/3A-3) (from Ch. 95 1/2, par. 313A-3)
Sec. 3A-3. 
		Application for first certificate of title.
(a) The application for the first certificate of title in
this State must be made by the owner to the Department of Natural Resources on
the form prescribed and must contain:
1. The name, residence and mail address of the owner;
2. A description of the watercraft so far as the     following data exists: Its make, model, year of manufacture, manufacturer's serial number or builder's hull number, length and principal material used in construction;
3. The date of purchase by applicant, the name and     address of the person from whom the watercraft was acquired and the names and addresses of any lienholders in the order of their priority and the dates of their security agreements; and
4. Any further information the Department of Natural     Resources reasonably requires to identify the watercraft and to enable the Department to determine whether the owner is entitled to a certificate of title and the existence or nonexistence of security interests in the watercraft.
(b) If the application refers to a watercraft purchased from a dealer, it
must contain the name and address of any lienholder holding a security
interest created or reserved at the time of the sale and the date of his
security agreement and be signed by the dealer as well as the owner, and
the dealer must within 15 days mail or deliver the application to the
Department of Natural Resources.
(c) If the application refers to a watercraft last previously registered in
another State or country, the application must contain or be accompanied
by:
1. Any certificate of title issued by the other State     or country; and
2. Any other information and documents the Department     of Natural Resources reasonably requires to establish ownership and the existence or nonexistence of security interests.
(Source: P.A. 91-357, eff. 7-29-99.)
(625 ILCS 45/3A-4) (from Ch. 95 1/2, par. 313A-4)
Sec. 3A-4. 
		Examination of records. 
		The Department of Natural Resources, upon
receiving application for a first certificate of title,
shall check the identifying description of the watercraft shown in the
application against the records required to be
maintained by Section 3A-5 of this Article and against the record of
stolen and converted watercraft required to be maintained by Section
3A-6 of this Article.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3A-5) (from Ch. 95 1/2, par. 313A-5)
Sec. 3A-5. Certificate of title - Issuance - Records.
(a) The Department of Natural Resources shall file each
application received and, when satisfied as to its genuineness and regularity,
and that no tax imposed by the Use Tax Act
						or the Watercraft Use Tax Law is owed as evidenced by the
receipt for payment or determination of exemption from the Department of
Revenue provided for in Section 3A-3 of this Article, and that the applicant is
entitled to the issuance of a certificate of title, shall issue a certificate
of title.
(b) The Department of Natural Resources shall maintain
a record of all certificates of title issued under a distinctive title number
assigned to the watercraft and, in the discretion of the Department, in any other method determined.
(Source: P.A. 93-840, eff. 7-30-04.)
(625 ILCS 45/3A-6) (from Ch. 95 1/2, par. 313A-6)
Sec. 3A-6. Stolen and recovered watercraft.
(a) Every sheriff, superintendent of police, chief of police or other
police officer in command of any police department in any city, village or
town of the State shall, by the fastest means of communications available
to his or her law enforcement agency, immediately report to the Illinois State Police the theft or recovery of any stolen or converted watercraft
within his or her district or jurisdiction.  The report shall give the date
of theft, description of the watercraft including color, manufacturer's
trade name, manufacturer's series name, identification number and
registration number, including the state in which the registration number
was issued, together with the name, residence address, business address,
and telephone number of the owner.  The report shall be routed by the
originating law enforcement agency through the Illinois State Police in a form and
manner prescribed by the Illinois State Police.
(b) A registered owner or a lienholder may report the theft by
conversion of a watercraft to the Illinois State Police or any other
police department or sheriff's office.  The report will be accepted as a
report of theft and processed only if a formal complaint is on file and a
warrant issued.
(c) The Illinois State Police shall keep a complete record of all
reports filed under this Section.  Upon receipt of the report, a careful
search shall be made of the records of the Illinois State Police, and
where it is found that a watercraft reported recovered was stolen in a
county, city, village or town other than the county, city, village or town
in which it is recovered, the recovering agency shall notify the reporting
agency of the recovery in a form and manner prescribed by the Illinois State Police.
(d) Notification of the theft of a watercraft will be furnished to the
Department of Natural Resources by the Illinois State Police.  The
Department of Natural Resources shall place the proper
information in the title
registration files and in the certificate of number files to indicate the
theft of a watercraft.  Notification of the recovery of a watercraft
previously reported as a theft or a conversion will be furnished to the
Department of Natural Resources by the Illinois State Police.  The
Department of Natural Resources shall remove the proper
information from the
certificate of number and title registration files that has previously
indicated the theft of a watercraft.  The Department of Natural Resources shall
suspend the certificate of number of a watercraft upon receipt of a report
that the watercraft was stolen.
(e) When the Department of Natural Resources receives
an application for a
certificate of title or an application for a certificate
of number of a watercraft and it is determined from the records that
the watercraft has been reported stolen, the Department of Natural
Resources,
Division of Law Enforcement, shall immediately notify the Illinois State Police and
shall give the Illinois State Police the name and address of the person or firm
titling or registering the watercraft, together with all other information
contained in the application submitted by the person or firm.
(Source: P.A. 102-538, eff. 8-20-21.)
(625 ILCS 45/3A-7) (from Ch. 95 1/2, par. 313A-7)
Sec. 3A-7. 
		Contents and effect.
(a) Each certificate of title issued by the Department of Natural
Resources shall contain:
1. The date issued;
2. The name and address of the owner;
3. The names and addresses of any lienholders, in the     order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate;
4. The title number assigned to the watercraft;
5. A description of the watercraft including, so far     as the following data exists: its make, model, year of manufacture, registration number, and manufacturer's serial number or, if none, the builder's hull number, length, purchase date, and the principal material used in construction;
6. Any other data the Department of Natural Resources     prescribes.
(b) The certificate of title shall contain forms for assignment and
warranty of title by the owner, and for assignment and warranty of title by
a dealer, and may contain forms for applications for a certificate of title
by a transferee, the naming of a lienholder and the assignment or release
of the security interest of a lienholder.
(c) A certificate of title issued by the Department of Natural Resources is
prima facie evidence of the facts appearing on it.
(d) A certificate of title is not subject to garnishment,
attachment, execution or other judicial process, but this subsection does
not prevent a lawful levy upon the watercraft.
(e) Any certificate of title issued by the Department of Natural
Resources is subject
to a lien in favor of the State of Illinois for any fees or taxes required
to be paid under this Act and as have not been paid, as provided for in
this Act.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3A-8) (from Ch. 95 1/2, par. 313A-8)
Sec. 3A-8. 
		Presumption of tenancy. 
		When a certificate of title is made
out to a husband and wife with the marital relationship shown on the certificate,
it shall
be presumed that the title is held as joint tenants with right of survivorship.
(Source: P.A. 81-1199.)
(625 ILCS 45/3A-9) (from Ch. 95 1/2, par. 313A-9)
Sec. 3A-9. 
		Delivery. 
		The certificate of title shall be mailed
to the first lienholder named in it or, if none, to the owner.
(Source: P.A. 81-1199.)
(625 ILCS 45/3A-10) (from Ch. 95 1/2, par. 313A-10)
Sec. 3A-10. 
		Refusing certificate of title. 
		The Department of Natural
Resources shall refuse issuance of a certificate of title
if any required fee is not paid or if he has reasonable grounds to believe
that:
(a) The applicant is not the owner of the watercraft;
(b) The application contains a false or fraudulent statement; or
(c) The applicant fails to furnish required information or documents or
any additional information the Department of Natural Resources reasonably requires;
(d) The applicant has not paid any fees or
taxes due under this Act and have not been paid upon reasonable notice and
demand.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3A-11) (from Ch. 95 1/2, par. 313A-11)
Sec. 3A-11. 
		Lost, stolen or mutilated certificates.
(a) If a certificate of title is lost, stolen, mutilated or destroyed or
becomes illegible, the first lienholder or, if none, the owner or legal
representative of the owner named in the certificate, as shown by the
records of the Department of Natural Resources, shall
promptly make application for and may obtain a duplicate upon furnishing
information satisfactory to the Department of Natural Resources.  The duplicate
certificate of title shall contain the legend
"This is a duplicate certificate and may be subject to the rights of a person
under the original certificate."  It shall be mailed to the first lienholder
named in it or, if none, to the owner.
(b) The Department of Natural Resources shall not issue
a duplicate certificate of title to any person within 15 days after the
issuance of an original certificate of title to such person.
(c) A person recovering an original certificate of title
for which a duplicate has been issued shall promptly
surrender the original certificate to the Department of Natural Resources.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3A-12) (from Ch. 95 1/2, par. 313A-12)
Sec. 3A-12. 
		Transfer.
(a) If an owner transfers his interest in a watercraft other than by the
creation of a security interest, he shall, at the time of the delivery,
execute an assignment and warranty of title to the transferee
in the space provided therefor on the certificate or as the Department of
Natural Resources prescribes and cause the
certificate and assignment to be mailed or delivered to the transferee or to
the Department of Natural Resources.
(b) Except as provided in Section 3A-14 of this Article, the transferee
shall, promptly and within 15 days after delivery to him of the watercraft
and the assigned title, execute the application for a new certificate of
title in the space provided therefor on the certificate or as the
Department of Natural Resources prescribes, and cause the
certificate and
application to be mailed or delivered to the Department of Natural
Resources.
(c) Upon request of the owner or transferee, a lienholder in possession
of the certificate of title shall, unless the transfer was a breach of his
security agreement, either deliver the certificate to the transferee for
delivery to the Department of Natural Resources or, upon
receipt from the transferee of the owner's assignment, the transferee's
application for a new certificate and the required fee, mail or deliver them to
the Department of Natural Resources.  The delivery of the
certificate does not affect the rights of the lienholder under his security
agreement.
(d) If a security interest is reserved or created at the time of the
transfer, the certificate of title shall be retained by or delivered to the
person who becomes the lienholder, and the parties shall comply with the
provisions of Section 3B-3 of Article IIIB.
(e) Except as provided in Section 3A-14 of this Article and as between
the parties, a transfer by an owner is not effective until the provisions
of this Section and Section 3A-16 of this Article have been complied with;
however, an owner who has delivered possession of the watercraft to the
transferee and has complied with the provisions of this Section and Section
3A-16 of this Article requiring action by him as not liable as owner for
any damages thereafter resulting from operation of the watercraft.
(f) The Department of Natural Resources may decline to
process any application for a transfer of an interest in a watercraft if any
fees or taxes due under this Act from the transferor or the transferee have not
been paid upon reasonable notice and demand.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3A-13) (from Ch. 95 1/2, par. 313A-13)
Sec. 3A-13. 
		
		Transfer to or from dealer - Manufacturer's or Importer's
Certificate.  (a)  No dealer shall purchase or acquire a new watercraft
without obtaining from the seller thereof a manufacturer's or importer's certificate.
(b) No manufacturer, importer, dealer or other person shall sell or otherwise
dispose of a new watercraft to a dealer for purposes of display and resale,
without delivering to such dealer a manufacturer's or importer's certificate.
(Source: P.A. 81-1199.)
(625 ILCS 45/3A-14) (from Ch. 95 1/2, par. 313A-14)
Sec. 3A-14. 
		Transfer to or from dealer - Records.
(a) If a dealer buys a watercraft and holds it for resale and procures the
certificate of title from the owner or the lienholder within 10 days after
delivery to him of the watercraft he need not send the certificate to the
Department of Natural Resources but, upon transferring the
watercraft to another person other than by the creation of a security interest,
shall promptly and within 15 days execute the assignment and warranty of title
by a dealer, showing the names and addresses of the transferee and of any
lienholder holding a security interest created or reserved at the time of the
resale and the date of his security agreement, in the spaces provided therefor
on the certificate or as the Department of Natural Resources prescribes, and mail or deliver the certificate to the
Department with the transferee's application for a new
certificate.
(b) Every dealer shall maintain for 3 years a record in the form the
Department of Natural Resources prescribes of every
watercraft bought, sold
or exchanged by him, or received by him for sale or exchange, which shall
be open to inspection by a representative of the Department of Natural
Resources or peace officer during reasonable business hours.
(c) The Department of Natural Resources may decline to
process any application for a transfer of an interest in a watercraft if any
fees or taxes due under this Act from the transferor or the transferee have not
been paid upon reasonable notice and demand.
(Source: P.A. 89-445, eff. 2-7-96.)
(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.)
(625 ILCS 45/3A-16) (from Ch. 95 1/2, par. 313A-16)
Sec. 3A-16. Fees. Fees shall be paid according to the
following schedule:
Certificate of title.............
$10
Duplicate certificate of title......
7
Corrected certificate of title......
7
Search......................
7
(Source: P.A. 97-1136, eff. 1-1-13.)
(625 ILCS 45/3A-17) (from Ch. 95 1/2, par. 313A-17)
Sec. 3A-17. 
		Transfer of watercraft. 
		A transferor of a watercraft
other than a dealer transferring a new watercraft, shall deliver
to the transferee at the time of delivery of possession of the watercraft the
properly assigned certificate of title.
(Source: P.A. 85-149.)
(625 ILCS 45/3A-18) (from Ch. 95 1/2, par. 313A-18)
Sec. 3A-18. 
		Transfer or surrender of certificate of title.
(a) The Department of Natural Resources, upon receipt of
a properly assigned
certificate of title, with an application for a new certificate of title,
the required fee and any other documents required by law, shall issue a new
certificate of title in the name of the transferee as owner and mail it to
the first lienholder named in it or, if none, to the owner.
(b) The Department of Natural Resources, upon receipt
of an application for a new
certificate of title by a transferee other than by voluntary transfer, with
proof of the transfer, the required fee and any other documents required by
law, shall issue a new certificate of title in the name of the transferee
as owner.  If the outstanding certificate of title is not delivered to him,
the Department shall make demand therefor from the holder
thereof.
(c) The Department of Natural Resources shall file and
retain for 4 years
every surrendered Illinois certificate of title, the file to be maintained
so as to permit the tracing of title of the watercraft designated therein.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3A-19) (from Ch. 95 1/2, par. 313A-19)
Sec. 3A-19. 
		Scrapping, junking or destroying a watercraft. 
		An owner
who scraps, junks or destroys a watercraft, or a person who purchases a
watercraft as scrap or as a watercraft to be junked or destroyed shall
immediately cause the certificate of title to be mailed or delivered to the
Department of Natural Resources, and a certificate
of title shall not again be issued for such watercraft.  Upon receipt
of the certificate of title, the Department shall cancel the certificate.
(Source: P.A. 89-445, eff. 2-7-96.)
(625 ILCS 45/3A-20) (from Ch. 95 1/2, par. 313A-20)
Sec. 3A-20. 
		Offenses relating to titling; misdemeanors. 
		Violation of
any of the following provisions shall constitute a Class A misdemeanor:
(a) No person shall operate in this State a watercraft for which a
certificate of title is required without having such certificate of title.
(b) No person shall sell, transfer or otherwise dispose of a watercraft
without delivering to the purchaser or transferee a certificate of title, or a
manufacturer's or importer's certificate, assigned to such purchaser or
transferee as required by this Act.
(c) No person shall fail to surrender to the Department of Natural
Resources any certificate of title upon cancellation of the
same by the Department for any valid reason set forth in this Act or
regulations adopted pursuant thereto.
(Source: P.A. 88-524; 89-445, eff. 2-7-96.)
(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 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.
(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.)