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Public Act 100-0469


 

Public Act 0469 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0469
 
HB0434 EnrolledLRB100 06000 RJF 16029 b

    AN ACT concerning government.
 
    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 Sections 3-1, 3-2, 3-5, 3-9, 3-11, 3A-1, and 4-1 as
follows:
 
    (625 ILCS 45/3-1)  (from Ch. 95 1/2, par. 313-1)
    Sec. 3-1. Unlawful operation of unnumbered watercraft.
Every watercraft other than non-powered watercraft on waters
within the jurisdiction of this State shall be numbered. No
person may operate, use, or store or give permission for the
operation, usage, or storage of any such watercraft on such
waters unless it has on board while in operation: the
watercraft is numbered
    (A) A valid certificate of number is issued in accordance
with this Act, or in accordance with applicable Federal law, or
in accordance with a Federally-approved numbering system of
another State, and unless:
        (1) the pocket sized certificate of number awarded to
    such watercraft is in full force and effect; or
        (2) the operator is in possession of a valid 60 day
    temporary permit under this Act. , and (2)
    (B) The the identifying number set forth in the certificate
of number is displayed on each side of the bow of such
watercraft.
    The certificate of number, lease, or rental agreement
required by this Section shall be available at all times for
inspection at the request of a federal, State, or local law
enforcement officer on the watercraft for which it is issued.
No person shall operate a watercraft under this Section unless
the certificate of number, lease, or rental agreement required
is carried on board in a manner that it can be handed to a
requesting law enforcement officer for inspection. A holder of
a certificate of number shall notify the Department within 30
days if the holder's address no longer conforms to the address
appearing on the certificate and shall furnish the Department
with the holder's new address. The Department may provide for
in its rules and regulations for the surrender of the
certificate bearing the former address and its replacement with
a certificate bearing the new address or for the alteration of
an outstanding certificate to show the new address of the
holder.
(Source: P.A. 97-1136, eff. 1-1-13.)
 
    (625 ILCS 45/3-2)  (from Ch. 95 1/2, par. 313-2)
    Sec. 3-2. Identification number application. The owner of
each watercraft requiring numbering by this State shall file an
application for number with the Department on forms approved by
it. The application shall be signed by the owner of the
watercraft and shall be accompanied by a fee as follows:
    A. (Blank).
    B. Class 1 (all watercraft less
than 16 feet in length, except
non-powered watercraft.)......................... up to $28 $18
    C. Class 2 (all watercraft 16
feet or more but less than 26 feet in length
except canoes, kayaks, and non-motorized paddle
boats). up to $60 $50
    D. Class 3 (all watercraft 26 feet or more
but less than 40 feet in length).................$150
    E. Class 4 (all watercraft 40 feet in length
or more).........................................$200
    Upon receipt of the application in approved form, and when
satisfied that no tax imposed pursuant to the "Municipal Use
Tax Act" or the "County Use Tax Act" is owed, or that such tax
has been paid, the Department shall enter the same upon the
records of its office and issue to the applicant a certificate
of number stating the number awarded to the watercraft and the
name and address of the owner.
    The Department shall deposit 20% of all money collected
from watercraft registrations into the Conservation Police
Operations Assistance Fund. The monies deposited into the
Conservation Police Operations Assistance Fund under this
Section shall not be subject to administrative charges or
chargebacks unless otherwise authorized by this Act.
(Source: P.A. 97-1136, eff. 1-1-13.)
 
    (625 ILCS 45/3-5)  (from Ch. 95 1/2, par. 313-5)
    Sec. 3-5. Transfer of Identification Number. The purchaser
of a watercraft shall, within 15 days after acquiring same,
make application to the Department for transfer to him of the
certificate of number issued to the watercraft giving his name,
address and the number of the boat. The purchaser shall apply
for a transfer-renewal for a fee as prescribed under Section
3-2 of this Act for approximately 3 years. All transfers will
bear September 30 June 30 expiration dates in the calendar year
of expiration. Upon receipt of the application and fee,
together with proof that any tax imposed under the Municipal
Use Tax Act or County Use Tax Act has been paid or that no such
tax is owed, the Department shall transfer the certificate of
number issued to the watercraft to the new owner.
    Unless the application is made and fee paid, and proof of
payment of municipal use tax or county use tax or nonliability
therefor is made, within 30 days, the watercraft shall be
deemed to be without certificate of number and it shall be
unlawful for any person to operate the watercraft until the
certificate is issued.
    Non-powered watercraft are exempt from this Section.
(Source: P.A. 97-1136, eff. 1-1-13.)
 
    (625 ILCS 45/3-9)  (from Ch. 95 1/2, par. 313-9)
    Sec. 3-9. Certificate of Number. Every certificate of
number awarded pursuant to this Act shall continue in full
force and effect for approximately 3 years unless sooner
terminated or discontinued in accordance with this Act. All new
certificates issued will bear September 30 June 30 expiration
dates in the calendar year 3 years after the issuing date.
Provided however, that the Department may, for purposes of
implementing this Section, adopt rules for phasing in the
issuance of new certificates and provide for 1, 2 or 3 year
expiration dates and pro-rated payments or charges for each
registration.
    All certificates shall be renewed for 3 years from the
nearest September 30 June 30 for a fee as prescribed in Section
3-2 of this Act. All certificates will be invalid after October
15 July 15 of the year of expiration. All certificates expiring
in a given year shall be renewed between January 1 and
September 30 June 30 of that year, in order to allow sufficient
time for processing.
    The Department shall issue "registration expiration
decals" with all new certificates of number, all certificates
of number transferred and renewed and all certificates of
number renewed. The decals issued for each year shall be of a
different and distinct color from the decals of each other year
currently displayed. The decals shall be affixed to each side
of the bow of the watercraft, except for federally documented
vessels, in the manner prescribed by the rules and regulations
of the Department. Federally documented vessels shall have
decals affixed to the watercraft on each side of the federally
documented name of the vessel in the manner prescribed by the
rules and regulations of the Department.
    The Department shall fix a day and month of the year on
which certificates of number due to expire shall lapse and no
longer be of any force and effect unless renewed pursuant to
this Act.
    No number or registration expiration decal other than the
number awarded or the registration expiration decal issued to a
watercraft or granted reciprocity pursuant to this Act shall be
painted, attached, or otherwise displayed on either side of the
bow of such watercraft. A person engaged in the operation of a
licensed boat livery shall pay a fee as prescribed under
Section 3-2 of this Act for each watercraft used in the livery
operation.
    A person engaged in the manufacture or sale of watercraft
of a type otherwise required to be numbered hereunder, upon
application to the Department upon forms prescribed by it, may
obtain certificates of number for use in the testing or
demonstrating of such watercraft upon payment of $10 for each
registration. Certificates of number so issued may be used by
the applicant in the testing or demonstrating of watercraft by
temporary placement of the numbers assigned by such
certificates on the watercraft so tested or demonstrated.
    Non-powered watercraft are exempt from this Section.
(Source: P.A. 97-1136, eff. 1-1-13.)
 
    (625 ILCS 45/3-11)  (from Ch. 95 1/2, par. 313-11)
    Sec. 3-11. Penalty. No person shall at any time falsely
alter or change in any manner a certificate of number or water
usage stamp issued under the provisions hereof, or falsify any
record required by this Act, or counterfeit any form of license
provided for by this Act.
(Source: P.A. 97-1136, eff. 1-1-13.)
 
    (625 ILCS 45/3A-1)  (from Ch. 95 1/2, par. 313A-1)
    Sec. 3A-1. Certificate of title required.
    (a) Every owner of a watercraft over 21 feet in length
required to be numbered by this State and for which no
certificate of title has been issued by the Department of
Natural Resources shall make application to the Department of
Natural Resources for a certificate of title either before or
at the same time he next applies for issuance, transfer or
renewal of a certificate of number. All watercraft already
covered by a number in full force and effect which has been
awarded to it pursuant to Federal law is exempt from titling
requirements in this Act.
    (b) The Department shall not issue, transfer or renew a
certificate of number unless a certificate of title has been
issued by the Department of Natural Resources or an application
for a certificate of title has been delivered to the
Department.
(Source: P.A. 89-445, eff. 2-7-96.)
 
    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)
    Sec. 4-1. Personal flotation devices.
    A. No person may operate a watercraft unless at least one
U.S. Coast Guard approved PFD of the following types or their
equivalent is on board, so placed as to be readily available
for each person: Type I, Type II or Type III.
    B. No person may operate a personal watercraft or specialty
prop-craft unless each person aboard is wearing a Type I, Type
II, Type III or Type V PFD approved by the United States Coast
Guard. No person on board a personal watercraft shall use an
inflatable PFD in order to meet the PFD requirements of
subsection A of this Section.
    C. No person may operate a watercraft 16 feet or more in
length, except a canoe or kayak, unless at least one readily
accessible United States Type IV U.S. Coast Guard approved
throwable PFD is on board or its equivalent is on board in
addition to the PFD's required in paragraph A of this Section.
    D. (Blank). A U.S. Coast Guard approved Type V personal
flotation device may be carried in lieu of the Type I, II, III
or IV personal flotation device required in this Section, if
the Type V personal flotation device is approved for the
activity in which it is being used.
    E. When assisting a person on waterskis, aquaplane or
similar device, there must be one wearable United States U.S.
Coast Guard approved PFD on board the watercraft for each
person being assisted or towed or worn by the person being
assisted or towed.
    F. No person may operate a watercraft unless each device
required by this Section is:
        1. in serviceable condition Readily accessible;
        2. identified by a label bearing a description and
    approval number demonstrating that the device has been
    approved by the United States Coast Guard In serviceable
    condition;
        3. of Of the appropriate size for the person for whom
    it is intended; and
        4. in the case of a wearable PFD, readily accessible
    aboard the watercraft; Legibly marked with the U.S. Coast
    Guard approval number.
        5. in case of a throwabale PFD, immediately available
    for use;
        6. out of its original packaging; and
        7. not stowed under lock and key.
    G. Approved personal flotation devices are defined as a
device that is approved by the United States Coast Guard under
Title 46 CFR Part 160. follows:
        Type I - A Type I personal flotation device is an
    approved device designed to turn an unconscious person in
    the water from a face downward position to a vertical or
    slightly backward position and to have more than 20 pounds
    of buoyancy.
        Type II - A Type II personal flotation device is an
    approved device designed to turn an unconscious person in
    the water from a face downward position to a vertical or
    slightly backward position and to have at least 15 1/2
    pounds of buoyancy.
        Type III - A Type III personal flotation device is an
    approved device designed to keep a conscious person in a
    vertical or slightly backward position and to have at least
    15 1/2 pounds of buoyancy.
        Type IV - A Type IV personal flotation device is an
    approved device designed to be thrown to a person in the
    water and not worn. It is designed to have at least 16 1/2
    pounds of buoyancy.
        Type V - A Type V personal flotation device is an
    approved device for restricted use and is acceptable only
    when used in the activity for which it is approved.
    H. (Blank). The provisions of subsections A through G of
this Section shall not apply to sailboards.
    I. No person may operate a watercraft under 26 feet in
length unless an approved and appropriate sized United States
Coast Guard a Type I, Type II, Type III, or Type V personal
flotation device is being properly worn by each person under
the age of 13 on board the watercraft at all times in which the
watercraft is underway; however, this requirement shall not
apply to persons who are below decks or in totally enclosed
cabin spaces. The provisions of this subsection I shall not
apply to a person operating a watercraft on an individual's
private property.
    J. Racing shells, rowing sculls, racing canoes, and racing
kayaks are exempt from the PFD, of any type, carriage
requirements under this Section provided that the racing shell,
racing scull, racing canoe, or racing kayak is participating in
an event sanctioned by the Department as a PFD optional event.
The Department may adopt rules to implement this subsection.
(Source: P.A. 97-801, eff. 1-1-13; 98-567, eff. 1-1-14.)
 
    (625 ILCS 45/3-1.5 rep.)
    (625 ILCS 45/3-7.5 rep.)
    Section 10. The Boat Registration and Safety Act is amended
by repealing Sections 3-1.5 and 3-7.5.

Effective Date: 6/1/2018