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Rep. Amy Elik
Filed: 3/13/2025
| | 10400HB2070ham001 | | LRB104 11537 BDA 23820 a |
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| 1 | | AMENDMENT TO HOUSE BILL 2070
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| 2 | | AMENDMENT NO. ______. Amend House Bill 2070 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 5. The State Fire Marshal Act is amended by |
| 5 | | adding Section 4.1 as follows:
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| 6 | | (20 ILCS 2905/4.1 new) |
| 7 | | Sec. 4.1. Office of the State Fire Marshal; definition of |
| 8 | | permanently moored craft. The Office of State Fire Marshal |
| 9 | | shall adopt amendments to the rules set forth in 41 Ill. Adm. |
| 10 | | Code 149.20 to adhere to the intent of the U.S. Coast Guard in |
| 11 | | its June 21, 2004 Federal Register notice, which described |
| 12 | | that permanently moored vessels (PMVs) are gaming, casino, or |
| 13 | | other vessels that are designed and constructed for use by |
| 14 | | gaming operations. Following amendment, the rule's definition |
| 15 | | of "Permanently Moored Craft" shall state: |
| 16 | | "Permanently Moored Craft" or "PMC" (formerly referred to |
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| | 10400HB2070ham001 | - 2 - | LRB104 11537 BDA 23820 a |
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| 1 | | in OSFM rules as permanently moored vessel or PMV) means any |
| 2 | | ship, barge, or other craft used for the purpose of table |
| 3 | | gaming as defined in the Illinois Gambling Act that is |
| 4 | | permanently fixed to a foundation or mooring that, by virtue |
| 5 | | of its design and mooring arrangement, lacks the practical |
| 6 | | capability of being used as transportation on the water. By |
| 7 | | definition, as a matter of federal law (1 U.S.C. 3), these |
| 8 | | craft are not vessels for purposes of admiralty jurisdiction |
| 9 | | and are, thus, not directly subject to Coast Guard regulation |
| 10 | | or inspection. (See: Stewart v. Dutra Construction Co.; 543 |
| 11 | | U.S. 481, 494 (2005); U.S. Department of Homeland Security, |
| 12 | | Coast Guard, Notice of Policy on Craft Routinely Operated |
| 13 | | Dockside; 74 Fed. Reg. 21814 (May 11, 2009).)
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| 14 | | Section 99. Effective date. This Act takes effect July 1, |
| 15 | | 2025.". |