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Public Act 097-0850


 

Public Act 0850 97TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 097-0850
 
HB3888 EnrolledLRB097 13620 HEP 58156 b

    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 adding Section 5-23 as follows:
 
    (625 ILCS 45/5-23 new)
    Sec. 5-23. Transportation of aquatic plants and animals;
placement of objects in navigable waters.
    (a) No person may place or operate a vehicle, seaplane,
watercraft, or other object of any kind in waters of this State
if it has any aquatic plants or aquatic animals attached to the
exterior of the vehicle, seaplane, watercraft, or other object.
This Section does not require a person to remove aquatic plants
or aquatic animals from a vehicle, seaplane, watercraft, or
other object during the period of time when the vehicle,
seaplane, watercraft, or other object is being operated in the
same navigable body of water in which the aquatic plants or
aquatic animals became attached.
    (b) No person may take off with a seaplane, or transport or
operate a vehicle, watercraft, or other object of any kind on a
highway with aquatic plants or aquatic animals attached to the
exterior of the seaplane, vehicle, watercraft, or other object.
    (c) A law enforcement officer who has reason to believe
that a person is in violation of this Section may order the
person to:
        (i) remove aquatic plants or aquatic animals from a
    vehicle, seaplane, watercraft, or other object of any kind
    before placing it in a navigable water;
        (ii) remove aquatic plants or aquatic animals from a
    seaplane before taking off with the seaplane;
        (iii) remove from, or not place in, a navigable water,
    a vehicle, seaplane, watercraft, or other object of any
    kind; or
        (iv) not take off with a seaplane, or transport or
    operate a vehicle, watercraft, or other object of any kind
    on a highway.
    (d) No person may refuse to obey the order of a law
enforcement officer acting under subsection (c) of this
Section.
    (e) This Section does not prohibit a person from:
        (i) transporting or operating a vehicle, seaplane,
    watercraft, or other object of any kind with duckweed that
    is incidentally attached to the exterior of the vehicle,
    seaplane, watercraft, or other object; or
        (ii) transporting or operating commercial aquatic
    plant harvesting equipment that has aquatic plants or
    animals attached to the exterior of the equipment, if the
    equipment is owned or operated by a local governmental
    unit, is being transported or operated for the purpose of
    cleaning the equipment to remove aquatic plants or animals,
    and is being transported to or operated at a suitable
    location away from any body of water.
    (f) The Department shall prepare a notice that contains a
summary of the provisions under this Section and shall make
copies of the notice available to persons required to post the
notice under subsection (g) of this Section.
    (g) Each owner of a public boat access site shall post and
maintain the notice described in subsection (f) of this
Section. For purposes of this Section, a "public boat access
site" means a site that provides access to a navigable water
for boats and that is open to the general public for free or
for a charge or that is open only to certain groups of persons
for a charge.

Effective Date: 1/1/2013