Illinois General Assembly - Full Text of HB0434
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Full Text of HB0434  100th General Assembly




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1    AN ACT concerning government.
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 Sections 3-1, 3-2, 3-5, 3-9, 3-11, 3A-1, and 4-1 as
7    (625 ILCS 45/3-1)  (from Ch. 95 1/2, par. 313-1)
8    Sec. 3-1. Unlawful operation of unnumbered watercraft.
9Every watercraft other than non-powered watercraft on waters
10within the jurisdiction of this State shall be numbered. No
11person may operate, use, or store or give permission for the
12operation, usage, or storage of any such watercraft on such
13waters unless it has on board while in operation: the
14watercraft is numbered
15    (A) A valid certificate of number is issued in accordance
16with this Act, or in accordance with applicable Federal law, or
17in accordance with a Federally-approved numbering system of
18another State, and unless:
19        (1) the pocket sized certificate of number awarded to
20    such watercraft is in full force and effect; or
21        (2) the operator is in possession of a valid 60 day
22    temporary permit under this Act. , and (2)
23    (B) The the identifying number set forth in the certificate



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1of number is displayed on each side of the bow of such
3    The certificate of number, lease, or rental agreement
4required by this Section shall be available at all times for
5inspection at the request of a federal, State, or local law
6enforcement officer on the watercraft for which it is issued.
7No person shall operate a watercraft under this Section unless
8the certificate of number, lease, or rental agreement required
9is carried on board in a manner that it can be handed to a
10requesting law enforcement officer for inspection. A holder of
11a certificate of number shall notify the Department within 30
12days if the holder's address no longer conforms to the address
13appearing on the certificate and shall furnish the Department
14with the holder's new address. The Department may provide for
15in its rules and regulations for the surrender of the
16certificate bearing the former address and its replacement with
17a certificate bearing the new address or for the alteration of
18an outstanding certificate to show the new address of the
20(Source: P.A. 97-1136, eff. 1-1-13.)
21    (625 ILCS 45/3-2)  (from Ch. 95 1/2, par. 313-2)
22    Sec. 3-2. Identification number application. The owner of
23each watercraft requiring numbering by this State shall file an
24application for number with the Department on forms approved by
25it. The application shall be signed by the owner of the



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1watercraft and shall be accompanied by a fee as follows:
2    A. (Blank).
3    B. Class 1 (all watercraft less
4than 16 feet in length, except
5non-powered watercraft.)......................... up to $28 $18
6    C. Class 2 (all watercraft 16
7feet or more but less than 26 feet in length
8except canoes, kayaks, and non-motorized paddle
9boats). up to $60 $50
10    D. Class 3 (all watercraft 26 feet or more
11but less than 40 feet in length).................$150
12    E. Class 4 (all watercraft 40 feet in length
13or more).........................................$200
14    Upon receipt of the application in approved form, and when
15satisfied that no tax imposed pursuant to the "Municipal Use
16Tax Act" or the "County Use Tax Act" is owed, or that such tax
17has been paid, the Department shall enter the same upon the
18records of its office and issue to the applicant a certificate
19of number stating the number awarded to the watercraft and the
20name and address of the owner.
21    The Department shall deposit 20% of all money collected
22from watercraft registrations into the Conservation Police
23Operations Assistance Fund. The monies deposited into the
24Conservation Police Operations Assistance Fund under this
25Section shall not be subject to administrative charges or
26chargebacks unless otherwise authorized by this Act.



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1(Source: P.A. 97-1136, eff. 1-1-13.)
2    (625 ILCS 45/3-5)  (from Ch. 95 1/2, par. 313-5)
3    Sec. 3-5. Transfer of Identification Number. The purchaser
4of a watercraft shall, within 15 days after acquiring same,
5make application to the Department for transfer to him of the
6certificate of number issued to the watercraft giving his name,
7address and the number of the boat. The purchaser shall apply
8for a transfer-renewal for a fee as prescribed under Section
93-2 of this Act for approximately 3 years. All transfers will
10bear September 30 June 30 expiration dates in the calendar year
11of expiration. Upon receipt of the application and fee,
12together with proof that any tax imposed under the Municipal
13Use Tax Act or County Use Tax Act has been paid or that no such
14tax is owed, the Department shall transfer the certificate of
15number issued to the watercraft to the new owner.
16    Unless the application is made and fee paid, and proof of
17payment of municipal use tax or county use tax or nonliability
18therefor is made, within 30 days, the watercraft shall be
19deemed to be without certificate of number and it shall be
20unlawful for any person to operate the watercraft until the
21certificate is issued.
22    Non-powered watercraft are exempt from this Section.
23(Source: P.A. 97-1136, eff. 1-1-13.)
24    (625 ILCS 45/3-9)  (from Ch. 95 1/2, par. 313-9)



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1    Sec. 3-9. Certificate of Number. Every certificate of
2number awarded pursuant to this Act shall continue in full
3force and effect for approximately 3 years unless sooner
4terminated or discontinued in accordance with this Act. All new
5certificates issued will bear September 30 June 30 expiration
6dates in the calendar year 3 years after the issuing date.
7Provided however, that the Department may, for purposes of
8implementing this Section, adopt rules for phasing in the
9issuance of new certificates and provide for 1, 2 or 3 year
10expiration dates and pro-rated payments or charges for each
12    All certificates shall be renewed for 3 years from the
13nearest September 30 June 30 for a fee as prescribed in Section
143-2 of this Act. All certificates will be invalid after October
1515 July 15 of the year of expiration. All certificates expiring
16in a given year shall be renewed between January 1 and
17September 30 June 30 of that year, in order to allow sufficient
18time for processing.
19    The Department shall issue "registration expiration
20decals" with all new certificates of number, all certificates
21of number transferred and renewed and all certificates of
22number renewed. The decals issued for each year shall be of a
23different and distinct color from the decals of each other year
24currently displayed. The decals shall be affixed to each side
25of the bow of the watercraft, except for federally documented
26vessels, in the manner prescribed by the rules and regulations



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1of the Department. Federally documented vessels shall have
2decals affixed to the watercraft on each side of the federally
3documented name of the vessel in the manner prescribed by the
4rules and regulations of the Department.
5    The Department shall fix a day and month of the year on
6which certificates of number due to expire shall lapse and no
7longer be of any force and effect unless renewed pursuant to
8this Act.
9    No number or registration expiration decal other than the
10number awarded or the registration expiration decal issued to a
11watercraft or granted reciprocity pursuant to this Act shall be
12painted, attached, or otherwise displayed on either side of the
13bow of such watercraft. A person engaged in the operation of a
14licensed boat livery shall pay a fee as prescribed under
15Section 3-2 of this Act for each watercraft used in the livery
17    A person engaged in the manufacture or sale of watercraft
18of a type otherwise required to be numbered hereunder, upon
19application to the Department upon forms prescribed by it, may
20obtain certificates of number for use in the testing or
21demonstrating of such watercraft upon payment of $10 for each
22registration. Certificates of number so issued may be used by
23the applicant in the testing or demonstrating of watercraft by
24temporary placement of the numbers assigned by such
25certificates on the watercraft so tested or demonstrated.
26    Non-powered watercraft are exempt from this Section.



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1(Source: P.A. 97-1136, eff. 1-1-13.)
2    (625 ILCS 45/3-11)  (from Ch. 95 1/2, par. 313-11)
3    Sec. 3-11. Penalty. No person shall at any time falsely
4alter or change in any manner a certificate of number or water
5usage stamp issued under the provisions hereof, or falsify any
6record required by this Act, or counterfeit any form of license
7provided for by this Act.
8(Source: P.A. 97-1136, eff. 1-1-13.)
9    (625 ILCS 45/3A-1)  (from Ch. 95 1/2, par. 313A-1)
10    Sec. 3A-1. Certificate of title required.
11    (a) Every owner of a watercraft over 21 feet in length
12required to be numbered by this State and for which no
13certificate of title has been issued by the Department of
14Natural Resources shall make application to the Department of
15Natural Resources for a certificate of title either before or
16at the same time he next applies for issuance, transfer or
17renewal of a certificate of number. All watercraft already
18covered by a number in full force and effect which has been
19awarded to it pursuant to Federal law is exempt from titling
20requirements in this Act.
21    (b) The Department shall not issue, transfer or renew a
22certificate of number unless a certificate of title has been
23issued by the Department of Natural Resources or an application
24for a certificate of title has been delivered to the



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2(Source: P.A. 89-445, eff. 2-7-96.)
3    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)
4    Sec. 4-1. Personal flotation devices.
5    A. No person may operate a watercraft unless at least one
6U.S. Coast Guard approved PFD of the following types or their
7equivalent is on board, so placed as to be readily available
8for each person: Type I, Type II or Type III.
9    B. No person may operate a personal watercraft or specialty
10prop-craft unless each person aboard is wearing a Type I, Type
11II, Type III or Type V PFD approved by the United States Coast
12Guard. No person on board a personal watercraft shall use an
13inflatable PFD in order to meet the PFD requirements of
14subsection A of this Section.
15    C. No person may operate a watercraft 16 feet or more in
16length, except a canoe or kayak, unless at least one readily
17accessible United States Type IV U.S. Coast Guard approved
18throwable PFD is on board or its equivalent is on board in
19addition to the PFD's required in paragraph A of this Section.
20    D. (Blank). A U.S. Coast Guard approved Type V personal
21flotation device may be carried in lieu of the Type I, II, III
22or IV personal flotation device required in this Section, if
23the Type V personal flotation device is approved for the
24activity in which it is being used.
25    E. When assisting a person on waterskis, aquaplane or



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1similar device, there must be one wearable United States U.S.
2Coast Guard approved PFD on board the watercraft for each
3person being assisted or towed or worn by the person being
4assisted or towed.
5    F. No person may operate a watercraft unless each device
6required by this Section is:
7        1. in serviceable condition Readily accessible;
8        2. identified by a label bearing a description and
9    approval number demonstrating that the device has been
10    approved by the United States Coast Guard In serviceable
11    condition;
12        3. of Of the appropriate size for the person for whom
13    it is intended; and
14        4. in the case of a wearable PFD, readily accessible
15    aboard the watercraft; Legibly marked with the U.S. Coast
16    Guard approval number.
17        5. in case of a throwabale PFD, immediately available
18    for use;
19        6. out of its original packaging; and
20        7. not stowed under lock and key.
21    G. Approved personal flotation devices are defined as a
22device that is approved by the United States Coast Guard under
23Title 46 CFR Part 160. follows:
24        Type I - A Type I personal flotation device is an
25    approved device designed to turn an unconscious person in
26    the water from a face downward position to a vertical or



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1    slightly backward position and to have more than 20 pounds
2    of buoyancy.
3        Type II - A Type II personal flotation device is an
4    approved device designed to turn an unconscious person in
5    the water from a face downward position to a vertical or
6    slightly backward position and to have at least 15 1/2
7    pounds of buoyancy.
8        Type III - A Type III personal flotation device is an
9    approved device designed to keep a conscious person in a
10    vertical or slightly backward position and to have at least
11    15 1/2 pounds of buoyancy.
12        Type IV - A Type IV personal flotation device is an
13    approved device designed to be thrown to a person in the
14    water and not worn. It is designed to have at least 16 1/2
15    pounds of buoyancy.
16        Type V - A Type V personal flotation device is an
17    approved device for restricted use and is acceptable only
18    when used in the activity for which it is approved.
19    H. (Blank). The provisions of subsections A through G of
20this Section shall not apply to sailboards.
21    I. No person may operate a watercraft under 26 feet in
22length unless an approved and appropriate sized United States
23Coast Guard a Type I, Type II, Type III, or Type V personal
24flotation device is being properly worn by each person under
25the age of 13 on board the watercraft at all times in which the
26watercraft is underway; however, this requirement shall not



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1apply to persons who are below decks or in totally enclosed
2cabin spaces. The provisions of this subsection I shall not
3apply to a person operating a watercraft on an individual's
4private property.
5    J. Racing shells, rowing sculls, racing canoes, and racing
6kayaks are exempt from the PFD, of any type, carriage
7requirements under this Section provided that the racing shell,
8racing scull, racing canoe, or racing kayak is participating in
9an event sanctioned by the Department as a PFD optional event.
10The Department may adopt rules to implement this subsection.
11(Source: P.A. 97-801, eff. 1-1-13; 98-567, eff. 1-1-14.)
12    (625 ILCS 45/3-1.5 rep.)
13    (625 ILCS 45/3-7.5 rep.)
14    Section 10. The Boat Registration and Safety Act is amended
15by repealing Sections 3-1.5 and 3-7.5.