HB2492 98TH GENERAL ASSEMBLY

LRB098 08271 MLW 38373 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB2492

Introduced , by Rep. JoAnn D. Osmond

SYNOPSIS AS INTRODUCED:

625 ILCS 45/1-2	from Ch. 95 1/2, par. 311-2
625 ILCS 45/5-14.5 new

Amends the Boat Registration and Safety Act. Defines "ski flag" as a red or orange flag measuring no less than 12 inches on each side, in the shape of a square or rectangle and mounted or displayed on a motorboat in such a manner as to be visible from every direction. Provides that a ski flag shall be displayed to indicate a downed water skier, a water skier in the water preparing to ski, a water skiing line extended from the motorboat, or a ski in the water in the vicinity of the motorboat. Provides that for the purposes of ski flag requirements, "water skier" includes persons engaged in all forms of water skiing or any activity where a person is towed behind or alongside a motorboat, including, but not limited to, barefoot skiing, tubing, skiing on other contrivances, wake boarding, and parasailing. Exempts from the new provisions performers engaged in professional exhibitions and persons engaged in a regatta, vessel or water skiing race or competition, or other marine event authorized by law. Provides that a violation of the new provisions is a petty offense punishable by a fine of $25, of which the moneys shall be deposited into the Conservation Police Operations Assistance Fund. Provides that the Department of Natural Resources shall adopt rules to implement the new provisions.

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 Boat Registration and Safety Act is amended by changing Section 1-2 and by adding Section 5-14.5 as follows:

(625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2)

Sec. 1-2. Definitions. As used in this Act, unless the context clearly requires a different meaning:

"Vessel" or "Watercraft" means every description of watercraft used or capable of being used as a means of transportation on water, except a seaplane on the water, air mattress or similar device, and boats used for concession rides in artificial bodies of water designed and used exclusively for such concessions.

"Motorboat" means any vessel propelled by machinery, whether or not such machinery is the principal source of propulsion, but does not include a vessel which has a valid marine document issued by the Bureau of Customs of the United States Government or any Federal agency successor thereto.

"Non-powered watercraft" means any canoe, kayak, kiteboard, paddleboard, float tube, or watercraft not propelled by sail, canvas, or machinery of any sort.

"Sailboat" means any watercraft propelled by sail or canvas, including sailboards. For the purposes of this Act, any watercraft propelled by both sail or canvas and machinery of any sort shall be deemed a motorboat when being so propelled.

"Airboat" means any boat (but not including airplanes or hydroplanes) propelled by machinery applying force against the air rather than the water as a means of propulsion.

"Dealer" means any person who engages in the business of manufacturing, selling, or dealing in, on consignment or otherwise, any number of new watercraft, or 5 or more used watercraft of any make during the year, including any off-highway vehicle dealer or snowmobile dealer or a person licensed as a new or used vehicle dealer who also sells or deals in, on consignment or otherwise, any number of watercraft as defined in this Act.

"Lifeboat" means a small boat kept on board a larger boat for use in emergency.

"Owner" means a person, other than lien holder, having title to a motorboat. The term includes a person entitled to the use or possession of a motorboat subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.

"Waters of this State" means any water within the jurisdiction of this State.

"Person" means an individual, partnership, firm, corporation, association, or other entity.

"Operate" means to navigate or otherwise use a motorboat or vessel.

"Department" means the Department of Natural Resources.

"Competent" means capable of assisting a skier in case of injury or accident.

"Personal flotation device" or "PFD" means a device that is approved by the Commandant, U.S. Coast Guard, under Part 160 of Title 46 of the Code of Federal Regulations.

"Recreational boat" means any vessel manufactured or used primarily for noncommercial use; or leased, rented or chartered to another for noncommercial use.

"Personal watercraft" means a vessel that uses an inboard motor powering a water jet pump as its primary source of motor power and that is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than the conventional manner of sitting or standing inside the vessel, and includes vessels that are similar in appearance and operation but are powered by an outboard or propeller drive motor.

"Ski flag" means a red or orange flag measuring no less than 12 inches on each side, in the shape of a square or rectangle and mounted or displayed on a motorboat in such a manner as to be visible from every direction.

"Specialty prop-craft" means a vessel that is similar in appearance and operation to a personal watercraft but that is powered by an outboard or propeller driven motor.

"Underway" applies to a vessel or watercraft at all times except when it is moored at a dock or anchorage area.

"Use" applies to all vessels on the waters of this State, whether moored or underway.

(Source: P.A. 97-1136, eff. 1-1-13.)

(625 ILCS 45/5-14.5 new)

Sec. 5-14.5. Ski flag.

(a) The operator of a motorboat shall display a ski flag to indicate any of the following conditions:

(1) a downed water skier;

(2) a water skier in the water preparing to ski;

(3) a water skiing line extended from the motorboat; or

(4) a ski in the water in the vicinity of the motorboat.

The ski flag may not be displayed at any other time.

(b) As used in this Section, "water skier" refers to persons engaged in all forms of water skiing or any activity where a person is towed behind or alongside a motorboat, including, but not limited to, barefoot skiing, tubing, skiing on other contrivances, wake boarding, and parasailing.

(c) This Section does not apply to a performer engaged in a professional exhibition or a person engaged in a regatta, vessel or water skiing race or competition, or other marine event authorized by law.

(d) A violation of this Section is a petty offense punishable by a fine of $25. Moneys collected from payments of this fine shall be deposited into the Conservation Police Operations Assistance Fund.

(e) The Department shall adopt rules to implement this Section.