Full Text of HB3721 98th General Assembly
HB3721eng 98TH GENERAL ASSEMBLY
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AN ACT concerning transportation.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Boat Registration and Safety Act is amended
by changing Section 1-2 and by adding Section 5-14.5 as
(625 ILCS 45/1-2)
(from Ch. 95 1/2, par. 311-2)
As used in this Act, unless the
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
"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
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.
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"Sailboat" means any watercraft propelled by sail or
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
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
"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
a lessee under a lease not intended as security.
"Waters of this State" means any water within the
jurisdiction of this
"Person" means an individual, partnership, firm,
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association, or other entity.
"Operate" means to navigate or otherwise use a motorboat or
"Department" means the Department of Natural Resources.
"Competent" means capable of assisting a skier in case of
"Personal flotation device" or "PFD" means a device that is
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
noncommercial use; or leased, rented or chartered
to another for
"Personal watercraft" means a vessel that uses an inboard
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
and includes vessels that are similar in appearance and
but are powered by an outboard or propeller drive
"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
operation to a personal watercraft but that is
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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,
(Source: P.A. 97-1136, eff. 1-1-13.)
(625 ILCS 45/5-14.5 new)
(a) The operator of a motorboat shall display a ski flag to
indicate a downed water skier. 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.
(e) The Department shall adopt rules to implement this