Full Text of HB3721 98th General Assembly
HB3721 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3721 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. 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 |
|
| | | HB3721 | | LRB098 14133 MLW 48714 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Boat Registration and Safety Act is amended | 5 | | by changing Section 1-2 and by adding Section 5-14.5 as | 6 | | follows:
| 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 | 9 | | context clearly
requires a different meaning:
| 10 | | "Vessel" or "Watercraft" means every description of | 11 | | watercraft used or
capable of being used as a means of | 12 | | transportation on water, except a
seaplane on the water, air | 13 | | mattress or similar device, and boats
used for concession rides | 14 | | in artificial bodies of water designed and used
exclusively for | 15 | | such concessions.
| 16 | | "Motorboat" means any vessel propelled by machinery, | 17 | | whether or not such
machinery is the principal source of | 18 | | propulsion, but does not include a
vessel which has a valid | 19 | | marine document issued by the Bureau of Customs of
the United | 20 | | States Government or any Federal agency successor thereto.
| 21 | | "Non-powered watercraft" means any canoe, kayak, | 22 | | kiteboard, paddleboard, float tube, or watercraft not | 23 | | propelled by sail, canvas, or machinery of any sort. |
| | | HB3721 | - 2 - | LRB098 14133 MLW 48714 b |
|
| 1 | | "Sailboat" means any watercraft propelled by sail or | 2 | | canvas, including
sailboards. For the purposes of this Act, any | 3 | | watercraft propelled by both
sail or canvas and machinery of | 4 | | any sort shall be deemed a motorboat when
being so propelled.
| 5 | | "Airboat" means any boat (but not including airplanes or | 6 | | hydroplanes)
propelled by machinery applying force against the | 7 | | air rather than the water
as a means of propulsion.
| 8 | | "Dealer" means any person who engages in the business of | 9 | | manufacturing, selling, or dealing in, on consignment or | 10 | | otherwise, any number of new watercraft, or 5 or more used | 11 | | watercraft of any make during the year, including any | 12 | | off-highway vehicle dealer or snowmobile dealer or a person | 13 | | licensed as a new or used vehicle dealer who also sells or | 14 | | deals in, on consignment or otherwise, any number of watercraft | 15 | | as defined in this Act. | 16 | | "Lifeboat" means a small boat kept on board a larger boat | 17 | | for use in
emergency.
| 18 | | "Owner" means a person, other than lien holder, having | 19 | | title to a
motorboat. The term includes a person entitled to | 20 | | the use or possession of
a motorboat subject to an interest in | 21 | | another person, reserved or created
by agreement and securing | 22 | | payment of performance of an obligation, but the
term excludes | 23 | | a lessee under a lease not intended as security.
| 24 | | "Waters of this State" means any water within the | 25 | | jurisdiction of this
State.
| 26 | | "Person" means an individual, partnership, firm, |
| | | HB3721 | - 3 - | LRB098 14133 MLW 48714 b |
|
| 1 | | corporation,
association, or other entity.
| 2 | | "Operate" means to navigate or otherwise use a motorboat or | 3 | | vessel.
| 4 | | "Department" means the Department of Natural Resources.
| 5 | | "Competent" means capable of assisting a skier in case of | 6 | | injury or
accident.
| 7 | | "Personal flotation device" or "PFD" means a device that is | 8 | | approved by
the Commandant, U.S. Coast Guard, under Part 160 of | 9 | | Title 46 of the Code
of Federal Regulations.
| 10 | | "Recreational boat" means any vessel manufactured or used | 11 | | primarily for
noncommercial use; or leased, rented or chartered | 12 | | to another for
noncommercial use.
| 13 | | "Personal watercraft" means a vessel that uses an inboard | 14 | | motor powering
a water jet pump as its primary source of motor | 15 | | power and that is designed
to be operated by a person sitting, | 16 | | standing, or kneeling on the vessel,
rather than the | 17 | | conventional manner of sitting or standing inside the
vessel, | 18 | | and includes vessels that are similar in appearance and | 19 | | operation
but are powered by an outboard or propeller drive | 20 | | motor.
| 21 | | "Ski flag" means a red or orange flag measuring no less | 22 | | than 12 inches on each side, in the shape of a square or | 23 | | rectangle and mounted or displayed on a motorboat in such a | 24 | | manner as to be visible from every direction. | 25 | | "Specialty prop-craft" means a vessel that is similar in | 26 | | appearance and
operation to a personal watercraft but that is |
| | | HB3721 | - 4 - | LRB098 14133 MLW 48714 b |
|
| 1 | | powered by an outboard or
propeller driven motor.
| 2 | | "Underway" applies to a vessel or watercraft at all times | 3 | | except when it
is moored at a dock or anchorage area.
| 4 | | "Use" applies to all vessels on the waters of this State, | 5 | | whether 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 | 10 | | indicate a downed water skier. The ski flag may not be | 11 | | displayed at any other time. | 12 | | (b) As used in this Section, "water skier" refers to | 13 | | persons engaged in all forms of water skiing or any activity | 14 | | where a person is towed behind or alongside a motorboat, | 15 | | including, but not limited to, barefoot skiing, tubing, skiing | 16 | | on other contrivances, wake boarding, and parasailing. | 17 | | (c) This Section does not apply to a performer engaged in a | 18 | | professional exhibition or a person engaged in a regatta, | 19 | | vessel or water skiing race or competition, or other marine | 20 | | event authorized by law. | 21 | | (d) A violation of this Section is a petty offense | 22 | | punishable by a fine of $25. Moneys collected from payments of | 23 | | this fine shall be deposited into the Conservation Police | 24 | | Operations Assistance Fund. | 25 | | (e) The Department shall adopt rules to implement this |
| | | HB3721 | - 5 - | LRB098 14133 MLW 48714 b |
|
| 1 | | Section.
|
|