HB3721 EngrossedLRB098 14133 MLW 48714 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 Section 1-2 and by adding Section 5-14.5 as
7    (625 ILCS 45/1-2)  (from Ch. 95 1/2, par. 311-2)
8    Sec. 1-2. Definitions. As used in this Act, unless the
9context clearly requires a different meaning:
10    "Vessel" or "Watercraft" means every description of
11watercraft used or capable of being used as a means of
12transportation on water, except a seaplane on the water, air
13mattress or similar device, and boats used for concession rides
14in artificial bodies of water designed and used exclusively for
15such concessions.
16    "Motorboat" means any vessel propelled by machinery,
17whether or not such machinery is the principal source of
18propulsion, but does not include a vessel which has a valid
19marine document issued by the Bureau of Customs of the United
20States Government or any Federal agency successor thereto.
21    "Non-powered watercraft" means any canoe, kayak,
22kiteboard, paddleboard, float tube, or watercraft not
23propelled by sail, canvas, or machinery of any sort.



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1    "Sailboat" means any watercraft propelled by sail or
2canvas, including sailboards. For the purposes of this Act, any
3watercraft propelled by both sail or canvas and machinery of
4any sort shall be deemed a motorboat when being so propelled.
5    "Airboat" means any boat (but not including airplanes or
6hydroplanes) propelled by machinery applying force against the
7air rather than the water as a means of propulsion.
8    "Dealer" means any person who engages in the business of
9manufacturing, selling, or dealing in, on consignment or
10otherwise, any number of new watercraft, or 5 or more used
11watercraft of any make during the year, including any
12off-highway vehicle dealer or snowmobile dealer or a person
13licensed as a new or used vehicle dealer who also sells or
14deals in, on consignment or otherwise, any number of watercraft
15as defined in this Act.
16    "Lifeboat" means a small boat kept on board a larger boat
17for use in emergency.
18    "Owner" means a person, other than lien holder, having
19title to a motorboat. The term includes a person entitled to
20the use or possession of a motorboat subject to an interest in
21another person, reserved or created by agreement and securing
22payment of performance of an obligation, but the term excludes
23a lessee under a lease not intended as security.
24    "Waters of this State" means any water within the
25jurisdiction of this State.
26    "Person" means an individual, partnership, firm,



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1corporation, association, or other entity.
2    "Operate" means to navigate or otherwise use a motorboat or
4    "Department" means the Department of Natural Resources.
5    "Competent" means capable of assisting a skier in case of
6injury or accident.
7    "Personal flotation device" or "PFD" means a device that is
8approved by the Commandant, U.S. Coast Guard, under Part 160 of
9Title 46 of the Code of Federal Regulations.
10    "Recreational boat" means any vessel manufactured or used
11primarily for noncommercial use; or leased, rented or chartered
12to another for noncommercial use.
13    "Personal watercraft" means a vessel that uses an inboard
14motor powering a water jet pump as its primary source of motor
15power and that is designed to be operated by a person sitting,
16standing, or kneeling on the vessel, rather than the
17conventional manner of sitting or standing inside the vessel,
18and includes vessels that are similar in appearance and
19operation but are powered by an outboard or propeller drive
21    "Ski flag" means a red or orange flag measuring no less
22than 12 inches on each side, in the shape of a square or
23rectangle and mounted or displayed on a motorboat in such a
24manner as to be visible from every direction.
25    "Specialty prop-craft" means a vessel that is similar in
26appearance and operation to a personal watercraft but that is



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1powered by an outboard or propeller driven motor.
2    "Underway" applies to a vessel or watercraft at all times
3except when it is moored at a dock or anchorage area.
4    "Use" applies to all vessels on the waters of this State,
5whether moored or underway.
6(Source: P.A. 97-1136, eff. 1-1-13.)
7    (625 ILCS 45/5-14.5 new)
8    Sec. 5-14.5. Ski flag.
9    (a) The operator of a motorboat shall display a ski flag to
10indicate a downed water skier. The ski flag may not be
11displayed at any other time.
12    (b) As used in this Section, "water skier" refers to
13persons engaged in all forms of water skiing or any activity
14where a person is towed behind or alongside a motorboat,
15including, but not limited to, barefoot skiing, tubing, skiing
16on other contrivances, wake boarding, and parasailing.
17    (c) This Section does not apply to a performer engaged in a
18professional exhibition or a person engaged in a regatta,
19vessel or water skiing race or competition, or other marine
20event authorized by law.
21    (d) A violation of this Section is a petty offense.
22    (e) The Department shall adopt rules to implement this