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

HB0434sam001 100TH GENERAL ASSEMBLY

Sen. Pamela J. Althoff

Filed: 5/26/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 434

2    AMENDMENT NO. ______. Amend House Bill 434 by replacing
3everything after the enacting clause with the following:
 
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
6follows:
 
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

 

 

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1in accordance with a Federally-approved numbering system of
2another State, and unless:
3        (1) the pocket sized certificate of number awarded to
4    such watercraft is in full force and effect; or
5        (2) the operator is in possession of a valid 60 day
6    temporary permit under this Act. , and (2)
7    (B) The the identifying number set forth in the certificate
8of number is displayed on each side of the bow of such
9watercraft.
10    The certificate of number, lease, or rental agreement
11required by this Section shall be available at all times for
12inspection at the request of a federal, State, or local law
13enforcement officer on the watercraft for which it is issued.
14No person shall operate a watercraft under this Section unless
15the certificate of number, lease, or rental agreement required
16is carried on board in a manner that it can be handed to a
17requesting law enforcement officer for inspection. A holder of
18a certificate of number shall notify the Department within 30
19days if the holder's address no longer conforms to the address
20appearing on the certificate and shall furnish the Department
21with the holder's new address. The Department may provide for
22in its rules and regulations for the surrender of the
23certificate bearing the former address and its replacement with
24a certificate bearing the new address or for the alteration of
25an outstanding certificate to show the new address of the
26holder.

 

 

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1(Source: P.A. 97-1136, eff. 1-1-13.)
 
2    (625 ILCS 45/3-2)  (from Ch. 95 1/2, par. 313-2)
3    Sec. 3-2. Identification number application. The owner of
4each watercraft requiring numbering by this State shall file an
5application for number with the Department on forms approved by
6it. The application shall be signed by the owner of the
7watercraft and shall be accompanied by a fee as follows:
8    A. (Blank).
9    B. Class 1 (all watercraft less
10than 16 feet in length, except
11non-powered watercraft.)......................... up to $28 $18
12    C. Class 2 (all watercraft 16
13feet or more but less than 26 feet in length
14except canoes, kayaks, and non-motorized paddle
15boats). up to $60 $50
16    D. Class 3 (all watercraft 26 feet or more
17but less than 40 feet in length).................$150
18    E. Class 4 (all watercraft 40 feet in length
19or more).........................................$200
20    Upon receipt of the application in approved form, and when
21satisfied that no tax imposed pursuant to the "Municipal Use
22Tax Act" or the "County Use Tax Act" is owed, or that such tax
23has been paid, the Department shall enter the same upon the
24records of its office and issue to the applicant a certificate
25of number stating the number awarded to the watercraft and the

 

 

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1name and address of the owner.
2    The Department shall deposit 20% of all money collected
3from watercraft registrations into the Conservation Police
4Operations Assistance Fund. The monies deposited into the
5Conservation Police Operations Assistance Fund under this
6Section shall not be subject to administrative charges or
7chargebacks unless otherwise authorized by this Act.
8(Source: P.A. 97-1136, eff. 1-1-13.)
 
9    (625 ILCS 45/3-5)  (from Ch. 95 1/2, par. 313-5)
10    Sec. 3-5. Transfer of Identification Number. The purchaser
11of a watercraft shall, within 15 days after acquiring same,
12make application to the Department for transfer to him of the
13certificate of number issued to the watercraft giving his name,
14address and the number of the boat. The purchaser shall apply
15for a transfer-renewal for a fee as prescribed under Section
163-2 of this Act for approximately 3 years. All transfers will
17bear September 30 June 30 expiration dates in the calendar year
18of expiration. Upon receipt of the application and fee,
19together with proof that any tax imposed under the Municipal
20Use Tax Act or County Use Tax Act has been paid or that no such
21tax is owed, the Department shall transfer the certificate of
22number issued to the watercraft to the new owner.
23    Unless the application is made and fee paid, and proof of
24payment of municipal use tax or county use tax or nonliability
25therefor is made, within 30 days, the watercraft shall be

 

 

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1deemed to be without certificate of number and it shall be
2unlawful for any person to operate the watercraft until the
3certificate is issued.
4    Non-powered watercraft are exempt from this Section.
5(Source: P.A. 97-1136, eff. 1-1-13.)
 
6    (625 ILCS 45/3-9)  (from Ch. 95 1/2, par. 313-9)
7    Sec. 3-9. Certificate of Number. Every certificate of
8number awarded pursuant to this Act shall continue in full
9force and effect for approximately 3 years unless sooner
10terminated or discontinued in accordance with this Act. All new
11certificates issued will bear September 30 June 30 expiration
12dates in the calendar year 3 years after the issuing date.
13Provided however, that the Department may, for purposes of
14implementing this Section, adopt rules for phasing in the
15issuance of new certificates and provide for 1, 2 or 3 year
16expiration dates and pro-rated payments or charges for each
17registration.
18    All certificates shall be renewed for 3 years from the
19nearest September 30 June 30 for a fee as prescribed in Section
203-2 of this Act. All certificates will be invalid after October
2115 July 15 of the year of expiration. All certificates expiring
22in a given year shall be renewed between January 1 and
23September 30 June 30 of that year, in order to allow sufficient
24time for processing.
25    The Department shall issue "registration expiration

 

 

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

 

 

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1obtain certificates of number for use in the testing or
2demonstrating of such watercraft upon payment of $10 for each
3registration. Certificates of number so issued may be used by
4the applicant in the testing or demonstrating of watercraft by
5temporary placement of the numbers assigned by such
6certificates on the watercraft so tested or demonstrated.
7    Non-powered watercraft are exempt from this Section.
8(Source: P.A. 97-1136, eff. 1-1-13.)
 
9    (625 ILCS 45/3-11)  (from Ch. 95 1/2, par. 313-11)
10    Sec. 3-11. Penalty. No person shall at any time falsely
11alter or change in any manner a certificate of number or water
12usage stamp issued under the provisions hereof, or falsify any
13record required by this Act, or counterfeit any form of license
14provided for by this Act.
15(Source: P.A. 97-1136, eff. 1-1-13.)
 
16    (625 ILCS 45/3A-1)  (from Ch. 95 1/2, par. 313A-1)
17    Sec. 3A-1. Certificate of title required.
18    (a) Every owner of a watercraft over 21 feet in length
19required to be numbered by this State and for which no
20certificate of title has been issued by the Department of
21Natural Resources shall make application to the Department of
22Natural Resources for a certificate of title either before or
23at the same time he next applies for issuance, transfer or
24renewal of a certificate of number. All watercraft already

 

 

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1covered by a number in full force and effect which has been
2awarded to it pursuant to Federal law is exempt from titling
3requirements in this Act.
4    (b) The Department shall not issue, transfer or renew a
5certificate of number unless a certificate of title has been
6issued by the Department of Natural Resources or an application
7for a certificate of title has been delivered to the
8Department.
9(Source: P.A. 89-445, eff. 2-7-96.)
 
10    (625 ILCS 45/4-1)  (from Ch. 95 1/2, par. 314-1)
11    Sec. 4-1. Personal flotation devices.
12    A. No person may operate a watercraft unless at least one
13U.S. Coast Guard approved PFD of the following types or their
14equivalent is on board, so placed as to be readily available
15for each person: Type I, Type II or Type III.
16    B. No person may operate a personal watercraft or specialty
17prop-craft unless each person aboard is wearing a Type I, Type
18II, Type III or Type V PFD approved by the United States Coast
19Guard. No person on board a personal watercraft shall use an
20inflatable PFD in order to meet the PFD requirements of
21subsection A of this Section.
22    C. No person may operate a watercraft 16 feet or more in
23length, except a canoe or kayak, unless at least one readily
24accessible United States Type IV U.S. Coast Guard approved
25throwable PFD is on board or its equivalent is on board in

 

 

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1addition to the PFD's required in paragraph A of this Section.
2    D. (Blank). A U.S. Coast Guard approved Type V personal
3flotation device may be carried in lieu of the Type I, II, III
4or IV personal flotation device required in this Section, if
5the Type V personal flotation device is approved for the
6activity in which it is being used.
7    E. When assisting a person on waterskis, aquaplane or
8similar device, there must be one wearable United States U.S.
9Coast Guard approved PFD on board the watercraft for each
10person being assisted or towed or worn by the person being
11assisted or towed.
12    F. No person may operate a watercraft unless each device
13required by this Section is:
14        1. in serviceable condition Readily accessible;
15        2. identified by a label bearing a description and
16    approval number demonstrating that the device has been
17    approved by the United States Coast Guard In serviceable
18    condition;
19        3. of Of the appropriate size for the person for whom
20    it is intended; and
21        4. in the case of a wearable PFD, readily accessible
22    aboard the watercraft; Legibly marked with the U.S. Coast
23    Guard approval number.
24        5. in case of a throwabale PFD, immediately available
25    for use;
26        6. out of its original packaging; and

 

 

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1        7. not stowed under lock and key.
2    G. Approved personal flotation devices are defined as a
3device that is approved by the United States Coast Guard under
4Title 46 CFR Part 160. follows:
5        Type I - A Type I personal flotation device is an
6    approved device designed to turn an unconscious person in
7    the water from a face downward position to a vertical or
8    slightly backward position and to have more than 20 pounds
9    of buoyancy.
10        Type II - A Type II personal flotation device is an
11    approved device designed to turn an unconscious person in
12    the water from a face downward position to a vertical or
13    slightly backward position and to have at least 15 1/2
14    pounds of buoyancy.
15        Type III - A Type III personal flotation device is an
16    approved device designed to keep a conscious person in a
17    vertical or slightly backward position and to have at least
18    15 1/2 pounds of buoyancy.
19        Type IV - A Type IV personal flotation device is an
20    approved device designed to be thrown to a person in the
21    water and not worn. It is designed to have at least 16 1/2
22    pounds of buoyancy.
23        Type V - A Type V personal flotation device is an
24    approved device for restricted use and is acceptable only
25    when used in the activity for which it is approved.
26    H. (Blank). The provisions of subsections A through G of

 

 

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1this Section shall not apply to sailboards.
2    I. No person may operate a watercraft under 26 feet in
3length unless an approved and appropriate sized United States
4Coast Guard a Type I, Type II, Type III, or Type V personal
5flotation device is being properly worn by each person under
6the age of 13 on board the watercraft at all times in which the
7watercraft is underway; however, this requirement shall not
8apply to persons who are below decks or in totally enclosed
9cabin spaces. The provisions of this subsection I shall not
10apply to a person operating a watercraft on an individual's
11private property.
12    J. Racing shells, rowing sculls, racing canoes, and racing
13kayaks are exempt from the PFD, of any type, carriage
14requirements under this Section provided that the racing shell,
15racing scull, racing canoe, or racing kayak is participating in
16an event sanctioned by the Department as a PFD optional event.
17The Department may adopt rules to implement this subsection.
18(Source: P.A. 97-801, eff. 1-1-13; 98-567, eff. 1-1-14.)
 
19    (625 ILCS 45/3-1.5 rep.)
20    (625 ILCS 45/3-7.5 rep.)
21    Section 10. The Boat Registration and Safety Act is amended
22by repealing Sections 3-1.5 and 3-7.5.".