Illinois 2025-2026 Regular Session

Illinois House Bill HB3484 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3484 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED: See Index Amends the Boat Registration and Safety Act. Prohibits a person from falsifying information on any application to the Department of Natural Resources that is required to be provided to the Department by the Act. Provides that the navigation lights shall, at minimum, have an intensity so as to be visible at the minimum ranges as set forth in the Code of Federal Regulations. Provides that it is unlawful to operate a motorboat without a whistle, horn, or other appliance capable of producing a blast of 2 seconds or more duration and having an audible distance as set forth in the Code of Federal Regulations (rather than being audible for at least one-half mile). Prohibits a motorboat operator from operating a motorboat less than 26 feet in length that is equipped by the manufacturer with an engine cutoff switch if the switch is not in use while the motorboat is operating on plane or above displacement speed. Prohibits a person from operating a watercraft without first verifying that the engine cut-off switch is operational and fully functional and properly attaching the lanyard or wireless attachment to the operator's body or to the clothing or personal flotation device being worn by the operator. Provides that a power-driven vessel operating in narrow channels and proceeding downbound with a following current (rather than downstream) shall have the right-of-way over an upbound vessel, shall propose the manner and place of passage, and shall imitate the maneuvering signals as required by law. Changes the ages at which a person may operate a motorboat based on the speed of the motorboat. Prohibits certain marijuana use within certain areas of a watercraft while upon waters in the State. Requires the Department to outline the application process for passenger-for-hire licenses or rental boat licenses by administrative rule. Makes other changes. LRB104 12161 LNS 22262 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3484 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED: See Index See Index Amends the Boat Registration and Safety Act. Prohibits a person from falsifying information on any application to the Department of Natural Resources that is required to be provided to the Department by the Act. Provides that the navigation lights shall, at minimum, have an intensity so as to be visible at the minimum ranges as set forth in the Code of Federal Regulations. Provides that it is unlawful to operate a motorboat without a whistle, horn, or other appliance capable of producing a blast of 2 seconds or more duration and having an audible distance as set forth in the Code of Federal Regulations (rather than being audible for at least one-half mile). Prohibits a motorboat operator from operating a motorboat less than 26 feet in length that is equipped by the manufacturer with an engine cutoff switch if the switch is not in use while the motorboat is operating on plane or above displacement speed. Prohibits a person from operating a watercraft without first verifying that the engine cut-off switch is operational and fully functional and properly attaching the lanyard or wireless attachment to the operator's body or to the clothing or personal flotation device being worn by the operator. Provides that a power-driven vessel operating in narrow channels and proceeding downbound with a following current (rather than downstream) shall have the right-of-way over an upbound vessel, shall propose the manner and place of passage, and shall imitate the maneuvering signals as required by law. Changes the ages at which a person may operate a motorboat based on the speed of the motorboat. Prohibits certain marijuana use within certain areas of a watercraft while upon waters in the State. Requires the Department to outline the application process for passenger-for-hire licenses or rental boat licenses by administrative rule. Makes other changes. LRB104 12161 LNS 22262 b LRB104 12161 LNS 22262 b A BILL FOR
2	2	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3484 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Amends the Boat Registration and Safety Act. Prohibits a person from falsifying information on any application to the Department of Natural Resources that is required to be provided to the Department by the Act. Provides that the navigation lights shall, at minimum, have an intensity so as to be visible at the minimum ranges as set forth in the Code of Federal Regulations. Provides that it is unlawful to operate a motorboat without a whistle, horn, or other appliance capable of producing a blast of 2 seconds or more duration and having an audible distance as set forth in the Code of Federal Regulations (rather than being audible for at least one-half mile). Prohibits a motorboat operator from operating a motorboat less than 26 feet in length that is equipped by the manufacturer with an engine cutoff switch if the switch is not in use while the motorboat is operating on plane or above displacement speed. Prohibits a person from operating a watercraft without first verifying that the engine cut-off switch is operational and fully functional and properly attaching the lanyard or wireless attachment to the operator's body or to the clothing or personal flotation device being worn by the operator. Provides that a power-driven vessel operating in narrow channels and proceeding downbound with a following current (rather than downstream) shall have the right-of-way over an upbound vessel, shall propose the manner and place of passage, and shall imitate the maneuvering signals as required by law. Changes the ages at which a person may operate a motorboat based on the speed of the motorboat. Prohibits certain marijuana use within certain areas of a watercraft while upon waters in the State. Requires the Department to outline the application process for passenger-for-hire licenses or rental boat licenses by administrative rule. Makes other changes.
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8	8	A BILL FOR
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11	11	1 AN ACT concerning transportation.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Boat Registration and Safety Act is amended
15	15	5 by changing Sections 1-2, 2-2, 3-11, 4-2, 4-4, 4-11, 5-13,
16	16	6 5-18, 7-1, and 7-2 and by adding Sections 5-24 and 5-25 as
17	17	7 follows:
18	18	8 (625 ILCS 45/1-2) (from Ch. 95 1/2, par. 311-2)
19	19	9 Sec. 1-2. Definitions. As used in this Act, unless the
20	20	10 context clearly requires a different meaning:
21	21	11 "Airboat" means a vessel that is typically flat-bottomed
22	22	12 and propelled by an aircraft-type propeller powered by an
23	23	13 engine.
24	24	14 "Boating accident" means a collision, accident, or
25	25	15 casualty involving a vessel in or upon, or entering into or
26	26	16 exiting from, the water, including capsizing, collision with
27	27	17 another vessel or object, sinking, personal injury, death,
28	28	18 disappearance of a person from on board under circumstances
29	29	19 that indicate the possibility of death or injury, or property
30	30	20 damage to any vessel or dock.
31	31	21 "Competent" means capable of assisting a water skier in
32	32	22 case of injury or accident.
33	33	23 "Consideration" means an economic benefit, inducement,
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37	37	104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 HB3484 Introduced , by Rep. Michael J. Kelly SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Amends the Boat Registration and Safety Act. Prohibits a person from falsifying information on any application to the Department of Natural Resources that is required to be provided to the Department by the Act. Provides that the navigation lights shall, at minimum, have an intensity so as to be visible at the minimum ranges as set forth in the Code of Federal Regulations. Provides that it is unlawful to operate a motorboat without a whistle, horn, or other appliance capable of producing a blast of 2 seconds or more duration and having an audible distance as set forth in the Code of Federal Regulations (rather than being audible for at least one-half mile). Prohibits a motorboat operator from operating a motorboat less than 26 feet in length that is equipped by the manufacturer with an engine cutoff switch if the switch is not in use while the motorboat is operating on plane or above displacement speed. Prohibits a person from operating a watercraft without first verifying that the engine cut-off switch is operational and fully functional and properly attaching the lanyard or wireless attachment to the operator's body or to the clothing or personal flotation device being worn by the operator. Provides that a power-driven vessel operating in narrow channels and proceeding downbound with a following current (rather than downstream) shall have the right-of-way over an upbound vessel, shall propose the manner and place of passage, and shall imitate the maneuvering signals as required by law. Changes the ages at which a person may operate a motorboat based on the speed of the motorboat. Prohibits certain marijuana use within certain areas of a watercraft while upon waters in the State. Requires the Department to outline the application process for passenger-for-hire licenses or rental boat licenses by administrative rule. Makes other changes.
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49	49	See Index
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68	68	1 right, or profit, including pecuniary payment accruing to an
69	69	2 individual, person, or entity, but not including a voluntary
70	70	3 sharing of the actual expense of the voyage, by monetary
71	71	4 contribution or donation of fuel, food, beverage, or other
72	72	5 supplies.
73	73	6 "Dealer" means any person who engages in the business of
74	74	7 manufacturing, selling, or dealing in, on consignment or
75	75	8 otherwise, any number of new watercraft or 5 or more used
76	76	9 watercraft of any make during the year, including any
77	77	10 off-highway vehicle dealer or snowmobile dealer or a person
78	78	11 licensed as a new or used vehicle dealer who also sells or
79	79	12 deals in, on consignment or otherwise, any number of
80	80	13 watercraft as defined in this Act.
81	81	14 "Department" means the Department of Natural Resources.
82	82	15 "Inland Rules" means the Inland Navigation Rules Act of
83	83	16 1980.
84	84	17 "International regulations" means the International
85	85	18 Regulations for Preventing Collisions at Sea, 1972, including
86	86	19 annexes currently in force for the United States.
87	87	20 "Leeward side" means the side of a vessel's sail that is
88	88	21 facing away or sheltered from the wind.
89	89	22 "Lifeboat" means a small boat kept on board a larger boat
90	90	23 for use in an emergency.
91	91	24 "Livery" means a person, corporation, company, business,
92	92	25 or entity that advertises a livery watercraft for use by
93	93	26 another, in exchange for any type of consideration and does
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104	104	1 not provide the renter or lessee with a captain, crew, or any
105	105	2 staff or personnel to operate, oversee, maintain, or manage
106	106	3 the watercraft.
107	107	4 "Motorboat" or "power-driven vessel" means any vessel
108	108	5 propelled by machinery whether such machinery is a principle
109	109	6 source of propulsion.
110	110	7 "Nonpowered watercraft" or "human-powered watercraft"
111	111	8 means any canoe, kayak, kiteboard, paddleboard, ribbed
112	112	9 inflatable, or any other watercraft propelled by oars,
113	113	10 paddles, or poles but not powered by sail, canvas, human body
114	114	11 part, or machinery of any sort.
115	115	12 "Operate" means to use, navigate, employ, or otherwise be
116	116	13 in actual physical control of a motorboat or vessel.
117	117	14 "Operator" means a person who operates or is in actual
118	118	15 physical control of a watercraft.
119	119	16 "Owner" means a person, other than a secured party, having
120	120	17 property rights or title to a watercraft. "Owner" includes a
121	121	18 person entitled to the use or possession of a motorboat
122	122	19 subject to an interest in another person, reserved or created
123	123	20 by agreement and securing payment of performance of an
124	124	21 obligation. "Owner" does not include a lessee under a lease
125	125	22 not intended as security.
126	126	23 "Passenger" means an individual carried on the vessel.
127	127	24 "Passenger" does not mean:
128	128	25 (1) the owner or individual representative of the
129	129	26 owner, or in the case of a chartered vessel, an individual
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140	140	1 charterer or individual representative of the charterer,
141	141	2 but in no case shall this exemption found in this
142	142	3 paragraph apply to more than one person that is physically
143	143	4 present on a vessel at any one time;
144	144	5 (2) the master; or
145	145	6 (3) a member of the crew engaged in the business of the
146	146	7 vessel who has not contributed consideration for carriage
147	147	8 and who is paid for on board services.
148	148	9 "Passenger for hire" means a passenger for whom
149	149	10 consideration is contributed as a condition of carriage on the
150	150	11 vessel.
151	151	12 "Person" means any individual, firm, corporation,
152	152	13 partnership, or association, and any agent, assignee, trustee,
153	153	14 executor, receiver, or representative thereof.
154	154	15 "Personal flotation device" or "PFD" means a device that
155	155	16 is approved by the Commandant, U.S. Coast Guard, under Part
156	156	17 160 of Title 46 of the Code of Federal Regulations.
157	157	18 "Personal injury" means any injury requiring treatment
158	158	19 beyond first aid.
159	159	20 "Personal watercraft" means a vessel propelled by a water
160	160	21 jet pump or other machinery as its primary source of motive
161	161	22 power and designed to be operated by a person sitting,
162	162	23 standing, or kneeling on the vessel, rather than within the
163	163	24 confines of a hull.
164	164	25 "Principally operated" means the vessel is or will be
165	165	26 primarily operated within the jurisdiction of the State during
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176	176	1 a calendar year.
177	177	2 "Recreational boat" means any vessel manufactured or used
178	178	3 primarily for noncommercial use, or leased, rented, or
179	179	4 chartered to another for noncommercial use.
180	180	5 "Sailboat" or "sailing vessel" means any vessel under sail
181	181	6 so long as the propelling machinery, if fitted, is not being
182	182	7 used.
183	183	8 "Seaplane" means any aircraft designed to maneuver on the
184	184	9 water.
185	185	10 "Specialty prop-craft" means a vessel that is similar in
186	186	11 appearance and operation to a personal watercraft but that is
187	187	12 powered by an outboard or propeller driven motor.
188	188	13 "Throwable PFD" has the meaning provided in 33 CFR 175.13.
189	189	14 "Underway" applies to a vessel or watercraft at all times
190	190	15 except when it is moored at a dock or anchorage area.
191	191	16 "Use" applies to all vessels on the waters of this State,
192	192	17 whether moored or underway.
193	193	18 "Vessel" or "watercraft" means every device or boat
194	194	19 watercraft used or capable of being used as a means of
195	195	20 transportation on water, except a seaplane on the water, air
196	196	21 mattress or similar device, and boats used for concession
197	197	22 rides in artificial bodies of water designed and used
198	198	23 exclusively for such concessions.
199	199	24 "Waters of this State" means any water within the
200	200	25 jurisdiction of this State.
201	201	26 "Wearable U.S. Coast Guard approved personal flotation
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212	212	1 device", "wearable U.S. Coast Guard approved PFD", and
213	213	2 "wearable PFD" have the meaning provided for "wearable PFD" in
214	214	3 33 CFR 175.13.
215	215	4 "Windward side" means the side of a vessel's sail that has
216	216	5 the wind blowing into the sail.
217	217	6 "Wing in Ground" (WIG) vessel means a multimodal vessel
218	218	7 which, in its main operational mode, flies in close proximity
219	219	8 to the surface utilizing surface-effect action.
220	220	9 (Source: P.A. 102-595, eff. 6-1-22.)
221	221	10 (625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2)
222	222	11 Sec. 2-2. Inspection; removal; impoundment.
223	223	12 (a) Agents of the Department or other duly authorized
224	224	13 police officers may board and inspect any watercraft boat at
225	225	14 any time for the purpose of determining if this Act is being
226	226	15 complied with. If the boarding officer or agent discovers any
227	227	16 violation of this Act, he may issue a summons to the operator
228	228	17 of the boat requiring that the operator appear before the
229	229	18 circuit court for the county within which the offense was
230	230	19 committed.
231	231	20 (b) Every watercraft vessel subject to this Act, if under
232	232	21 way and upon being hailed by a designated law enforcement
233	233	22 officer, must stop immediately and lay to.
234	234	23 (c) Agents of the Department and other duly authorized
235	235	24 police officers may enforce all federal laws and regulations
236	236	25 which have been mutually agreed upon by the federal and state
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247	247	1 governments and are applicable to the operation of watercraft
248	248	2 on navigable waters and federal impoundments where concurrent
249	249	3 jurisdiction exists between the federal and state governments.
250	250	4 (d) Agents of the Department and other duly authorized
251	251	5 police officers may seize and impound, at the owner's or
252	252	6 operator's expense, any watercraft involved in a boating
253	253	7 accident or a violation of Section 3A-21, 5-1, 5-2, or 5-16 of
254	254	8 this Act.
255	255	9 (e) If a watercraft is causing a traffic hazard because of
256	256	10 its position on a waterway or its physical appearance is
257	257	11 causing the impeding of traffic, its immediate removal from
258	258	12 the waterway by a towing service may be authorized by a law
259	259	13 enforcement agency having jurisdiction.
260	260	14 (f) Whenever a peace officer reasonably believes that a
261	261	15 person under arrest for a violation of Section 5-1, 5-2, or
262	262	16 5-16 of this Act or similar provision of a local ordinance, is
263	263	17 likely, upon release, to commit a subsequent violation of
264	264	18 Section 5-1, 5-2, or 5-16 or a similar provision of a local
265	265	19 ordinance, the arresting officer shall have the watercraft
266	266	20 which the person was operating at the time of the arrest
267	267	21 impounded for a period of not more than 12 hours after the time
268	268	22 of the arrest. The watercraft may be released by the arresting
269	269	23 law enforcement agency without impoundment, or may be released
270	270	24 prior to the end of the impoundment period, however, if:
271	271	25 (1) the watercraft was not owned by the person under
272	272	26 arrest, and the lawful owner requesting release possesses
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283	283	1 proof of ownership, and would not, as determined by the
284	284	2 arresting law enforcement agency: (i) indicate a lack of
285	285	3 ability to operate a watercraft in a safe manner, or (ii)
286	286	4 otherwise, by operating the watercraft, be in violation of
287	287	5 this Act; or
288	288	6 (2) the watercraft is owned by the person under
289	289	7 arrest, and the person under arrest gives permission to
290	290	8 another person to operate the watercraft, and the other
291	291	9 person would not, as determined by the arresting law
292	292	10 enforcement agency: (i) indicate a lack of ability to
293	293	11 operate a watercraft in a safe manner, or (ii) otherwise,
294	294	12 by operating the watercraft, be in violation of this Act.
295	295	13 (Source: P.A. 93-156, eff. 1-1-04.)
296	296	14 (625 ILCS 45/3-11) (from Ch. 95 1/2, par. 313-11)
297	297	15 Sec. 3-11. Penalty. No person shall at any time:
298	298	16 (a) falsely alter or change in any manner a certificate of
299	299	17 number issued under the provisions hereof; , or
300	300	18 (b) falsify any record required by this Act; ,
301	301	19 (c) falsify information on any application to the
302	302	20 Department that is required to be provided to the Department
303	303	21 by this Act; or
304	304	22 (d) counterfeit any form of license provided for by this
305	305	23 Act.
306	306	24 (Source: P.A. 100-469, eff. 6-1-18.)
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317	317	1 (625 ILCS 45/4-2) (from Ch. 95 1/2, par. 314-2)
318	318	2 Sec. 4-2. Navigation lights.
319	319	3 A. Watercraft subject to this Section shall be divided
320	320	4 into classes as follows:
321	321	5 1. Class 1: Less than 16 feet in length.
322	322	6 2. Class 2: 16 feet or over and less than 26 feet in
323	323	7 length.
324	324	8 3. Class 3: 26 feet or over and less than 40 feet in
325	325	9 length.
326	326	10 4. Class 4: 40 feet or over and less than 65 feet in
327	327	11 length.
328	328	12 B. Every motorboat, underway from sunset to sunrise or
329	329	13 underway in weather causing reduced visibility, shall carry
330	330	14 and exhibit the following United States Coast Guard approved
331	331	15 lights when underway and, during such time, shall not use any
332	332	16 other lights that may be mistaken for or interfere with those
333	333	17 prescribed as follows:
334	334	18 1. A Class 1 or Class 2 motorboat shall carry the
335	335	19 following lights:
336	336	20 (a) A bright white light aft to show all around the
337	337	21 horizon; and
338	338	22 (b) A combined light in the fore part of the
339	339	23 watercraft and lower than the white light aft, showing
340	340	24 green to starboard and red to port, so fixed as to
341	341	25 throw the light from right ahead to 2 points (22.5
342	342	26 degrees) abaft the beam on their respective sides.
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353	353	1 2. A Class 3 or Class 4 motorboat shall carry the
354	354	2 following lights:
355	355	3 (a) A bright white light in the fore part of the
356	356	4 watercraft as near the stern as practicable, so
357	357	5 constructed as to show the unbroken light over an arc
358	358	6 of the horizon of 20 points (225 degrees) of the
359	359	7 compass, so fixed as to throw the light 10 points
360	360	8 (112.5 degrees) on each side of the watercraft,
361	361	9 namely, from right ahead to 2 points (22.5 degrees)
362	362	10 abaft the beam on either side;
363	363	11 (b) A bright white light aft, mounted higher than
364	364	12 the white light forward, to show all around the
365	365	13 horizon; and
366	366	14 (c) On the starboard side, a green light so
367	367	15 constructed as to show an unbroken light over an arc of
368	368	16 the horizon of 10 points (112.5 degrees) of the
369	369	17 compass, so fixed as to throw the light from right
370	370	18 ahead to 2 points (22.5 degrees) abaft the beam on the
371	371	19 starboard side. On the port side, a red light so
372	372	20 constructed as to show an unbroken light over an arc of
373	373	21 the horizon of 10 points (112.5 degrees) of the
374	374	22 compass, so fixed as to throw the light from right
375	375	23 ahead to 2 points (22.5 degrees) abaft the beam on the
376	376	24 port side. The side lights shall be fitted with
377	377	25 inboard screens so set as to prevent these lights from
378	378	26 being seen across the bow.
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389	389	1 3. A Class 1 or Class 2 motorboat propelled by sail
390	390	2 alone shall exhibit the combined light prescribed by
391	391	3 paragraph (1) and a 12-point (135 degrees) white light
392	392	4 aft. A Class 3 or Class 4 motorboat, when so propelled,
393	393	5 shall exhibit the colored side lights, suitably screened
394	394	6 as prescribed by paragraph (2) and a 12-point (135
395	395	7 degrees) white light aft.
396	396	8 4. Every white light prescribed by this Section shall
397	397	9 be of such character as to be visible at a distance of at
398	398	10 least 2 miles. Every colored light prescribed by this
399	399	11 Section shall be of such character as to be visible at a
400	400	12 distance of at least one mile. As used in this subsection
401	401	13 "visible", when applied to lights, means visible on a dark
402	402	14 night with clear atmosphere.
403	403	15 5. If propelled by sail and machinery, a motorboat
404	404	16 shall carry the lights required by this Section for a
405	405	17 motorboat propelled by machinery only.
406	406	18 6. All other watercraft over 65 feet in length and
407	407	19 those propelled solely by wind effect on the sail shall
408	408	20 display lights prescribed by federal regulations.
409	409	21 C. Nonpowered watercraft shall carry, ready at hand, a
410	410	22 lantern or flashlight showing a white light that shall be
411	411	23 exhibited in sufficient time to avert collision. Manually
412	412	24 propelled watercraft used on the waters of this State where
413	413	25 power-driven vessels are prohibited are exempt from the
414	414	26 provisions of this Section.
415	415
416	416
417	417
418	418
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425	425	1 D. Any watercraft may carry and exhibit the lights
426	426	2 required by the international regulations in lieu of the
427	427	3 lights required by subsection B of this Section.
428	428	4 E. All watercraft, when anchored, other than in a special
429	429	5 anchorage area as defined in 33 CFR 109.10, shall, from sunset
430	430	6 to sunrise, carry and display a steady white light visible all
431	431	7 around the horizon for a distance of no less than 2 miles.
432	432	8 F. The lights prescribed in this Section shall at minimum
433	433	9 have an intensity so as to be visible at the minimum ranges as
434	434	10 set forth in 33 CFR 83.22 (Blank).
435	435	11 G. (Blank).
436	436	12 (Source: P.A. 102-595, eff. 6-1-22.)
437	437	13 (625 ILCS 45/4-4) (from Ch. 95 1/2, par. 314-4)
438	438	14 Sec. 4-4. Whistles.) It is unlawful to operate a motorboat
439	439	15 without a mouth, hand or power operated whistle, horn or other
440	440	16 appliance, capable of producing a blast of 2 seconds or more
441	441	17 duration and having an audible distance as set forth in 33 CFR
442	442	18 86.01 for at least one-half mile.
443	443	19 (Source: P.A. 82-783.)
444	444	20 (625 ILCS 45/4-11) (from Ch. 95 1/2, par. 314-11)
445	445	21 Sec. 4-11. Engine cut-off switch.
446	446	22 (a) As used in this Section:
447	447	23 "Engine cut-off switch link" means the lanyard or wireless
448	448	24 cut-off device used to attach the motorboat operator to the
449	449
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459	459	1 engine cut-off switch installed on the motorboat.
460	460	2 "Engine cut-off switch" means an emergency switch
461	461	3 installed on a motorboat that:
462	462	4 (1) is designed to shut off the engine if:
463	463	5 (A) the motorboat operator using a lanyard
464	464	6 attachment activates the switch by falling overboard
465	465	7 or otherwise moving beyond the length of the lanyard;
466	466	8 or
467	467	9 (B) the motorboat operator or a passenger
468	468	10 using a wireless attachment activates the switch by
469	469	11 falling overboard and submerging a man-overboard
470	470	12 transmitter; and
471	471	13 (2) attaches:
472	472	14 (A) physically to the motorboat operator
473	473	15 through the use of a lanyard worn by the operator; or
474	474	16 (B) wirelessly through the use of a
475	475	17 water-activated man-overboard transmitter worn by the
476	476	18 motorboat operator or any similarly equipped passenger
477	477	19 on the motorboat. means an operational emergency
478	478	20 cut-off engine stop switch installed on a motorboat
479	479	21 that attaches to a motorboat operator by an engine
480	480	22 cut-off switch link.
481	481	23 (b) A motorboat operator may not operate a motorboat less
482	482	24 than 26 feet in length that is equipped by the manufacturer
483	483	25 with an engine cutoff switch and such switch is not in use
484	484	26 while the motorboat is operating on plane or above
485	485
486	486
487	487
488	488
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491	491
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494	494	HB3484 - 14 - LRB104 12161 LNS 22262 b
495	495	1 displacement speed. No person may operate a watercraft without
496	496	2 first verifying that the engine cut-off switch is operational
497	497	3 and fully functional and properly attaching the lanyard or
498	498	4 wireless attachment, as appropriate for the specific
499	499	5 motorboat, to the operator's body or to the clothing or
500	500	6 personal flotation device being worn by the operator.
501	501	7 (c) The requirement under paragraph (1) of subsection (a)
502	502	8 shall not apply if:
503	503	9 (A) the main helm of the covered vessel is installed
504	504	10 within an enclosed cabin; or
505	505	11 (B) the vessel does not have an engine cut-off switch.
506	506	12 No person may operate any motor boat, including personal
507	507	13 watercraft or specialty prop-craft, equipped with an
508	508	14 engine cut-off switch while the engine is running and the
509	509	15 motorboat is underway without verifying that the engine
510	510	16 cut-off switch is operational and fully-functional and:
511	511	17 (1) the engine cut-off switch link is properly
512	512	18 attached to his or her person, clothing or worn PFD, as
513	513	19 appropriate for the specific vessel; or
514	514	20 (2) activating the wireless cut-off system.
515	515	21 (Source: P.A. 96-1033, eff. 7-14-10.)
516	516	22 (625 ILCS 45/5-13) (from Ch. 95 1/2, par. 315-8)
517	517	23 Sec. 5-13. Traffic rules.
518	518	24 A. The area straight ahead of a vessel to the point that is
519	519	25 22.5 degrees beyond the middle of the vessel on the starboard
520	520
521	521
522	522
523	523
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530	530	1 side of the watercraft shall be designated the danger zone. An
531	531	2 operator of a watercraft shall yield the right-of-way to any
532	532	3 other watercraft occupying or entering into the danger zone
533	533	4 that may result in collision.
534	534	5 A-5. Head-on situation.
535	535	6 (1) If 2 power-driven vessels are meeting head-on or
536	536	7 nearly head-on courses so as to involve risk of collision,
537	537	8 each shall alter course to starboard so that each shall
538	538	9 pass on the port side of the other.
539	539	10 (2) A vessel proceeding along the course of a narrow
540	540	11 channel or canal shall keep as near to the outer limit of
541	541	12 the channel or canal that lies on the starboard side as is
542	542	13 safe and practicable.
543	543	14 (3) A power-driven vessel operating in narrow channels
544	544	15 and proceeding downbound with a following current
545	545	16 downstream shall have the right-of-way over an upbound
546	546	17 vessel, shall propose the manner and place of passage, and
547	547	18 shall imitate the maneuvering signals as required by law a
548	548	19 vessel proceeding upstream. The vessel proceeding upstream
549	549	20 shall yield as necessary to permit safe passing.
550	550	21 B. Crossing. As used in this Section, "crossing" means 2
551	551	22 or more watercraft traveling in directions that would have the
552	552	23 path of travel of the watercraft intersect each other.
553	553	24 (1) If 2 power-driven vessels are crossing so as to
554	554	25 involve the risk of collision, the vessel that has the
555	555	26 other on the starboard side shall keep out of the way and
556	556
557	557
558	558
559	559
560	560
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562	562
563	563
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566	566	1 shall avoid crossing ahead of the other vessel.
567	567	2 (2) A power-driven vessel crossing a river shall keep
568	568	3 out of the way of a power-driven vessel ascending or
569	569	4 descending the river.
570	570	5 (3) A vessel may not cross a narrow channel or canal if
571	571	6 the crossing impedes the passage of a vessel that can only
572	572	7 safely navigate within the channel or canal.
573	573	8 C. Overtaking.
574	574	9 (1) A vessel overtaking any other shall give way to
575	575	10 the vessel being overtaken.
576	576	11 (2) If a vessel operator is in doubt as to whether he
577	577	12 or she is overtaking another vessel, the operator shall
578	578	13 assume he or she is overtaking the other vessel and shall
579	579	14 act accordingly.
580	580	15 (3) Any subsequent alteration of the bearing between
581	581	16 the 2 vessels shall not make the overtaking vessel a
582	582	17 crossing vessel within the meaning of this Section or
583	583	18 relieve the overtaking operator of the duty to keep clear
584	584	19 of the overtaken vessel until finally past and clear.
585	585	20 (4) When overtaking in a narrow channel or canal, the
586	586	21 operator of a power-driven vessel intending to overtake
587	587	22 another power-driven vessel shall proceed to pass safety
588	588	23 only after indicating his or her intention by sounding the
589	589	24 horn as follows:
590	590	25 (a) one short blast from the horn signifies a
591	591	26 request to pass on the overtaken vessel's starboard
592	592
593	593
594	594
595	595
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602	602	1 side;
603	603	2 (b) 2 short blasts from the horn signify a request
604	604	3 to pass on the overtaken vessel's port side.
605	605	4 (5) The operator of the power-driven vessel being
606	606	5 overtaken shall:
607	607	6 (a) acknowledge the request by sounding the same
608	608	7 signal; or
609	609	8 (b) sound 5 short blasts from the horn to indicate
610	610	9 danger or to warn the overtaking vessel not to pass.
611	611	10 No response from the overtaken vessel shall be
612	612	11 interpreted as an indication of danger and is the same as
613	613	12 if 5 short blasts from the horn were sounded. In the
614	614	13 absence of an audible signal or horn, a light signal
615	615	14 device using the appropriate number of rapid bursts of
616	616	15 light may be used.
617	617	16 D. Sailing vessels.
618	618	17 (1) The operator of a power-driven vessel shall yield
619	619	18 the right-of-way to any nonpowered or sailing vessel
620	620	19 unless the nonpowered vessel is overtaking the
621	621	20 power-driven vessel or when a large craft is navigating in
622	622	21 a confined channel, the large craft has the right-of-way
623	623	22 over a boat propelled solely by oars or sails.
624	624	23 (2) If 2 sailing vessels are approaching one another,
625	625	24 so as to involve risk of collision, one of them shall keep
626	626	25 out of the way of the other as follows:
627	627	26 (a) If each has the wind on a different side, the
628	628
629	629
630	630
631	631
632	632
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634	634
635	635
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637	637	HB3484 - 18 - LRB104 12161 LNS 22262 b
638	638	1 vessel that has the wind on the port side shall give
639	639	2 way to the other vessel.
640	640	3 (b) If both have the wind on the same side, the
641	641	4 vessel that is to windward shall give way to the vessel
642	642	5 that is to leeward.
643	643	6 (c) If a vessel with the wind on the port side sees
644	644	7 a vessel to windward and cannot determine with
645	645	8 certainty whether the other vessel has the wind on the
646	646	9 port or starboard side, the vessel shall give way to
647	647	10 the other vessel.
648	648	11 (Source: P.A. 102-595, eff. 6-1-22.)
649	649	12 (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
650	650	13 Sec. 5-18. (a) No Beginning on January 1, 2016, no person
651	651	14 born on or after January 1, 1998, unless exempted by
652	652	15 subsection (i), shall operate a motorboat with over 10 horse
653	653	16 power unless that person has a valid Boating Safety
654	654	17 Certificate issued by the Department of Natural Resources or
655	655	18 an entity or organization recognized and approved by the
656	656	19 Department.
657	657	20 (b) No person under 10 years of age may operate a
658	658	21 motorboat.
659	659	22 (c) Persons Prior to January 1, 2016, persons at least 10
660	660	23 years of age and less than 12 years of age may operate a
661	661	24 motorboat with over 10 horse power only if they are
662	662	25 accompanied on the motorboat and under the direct control of a
663	663
664	664
665	665
666	666
667	667
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669	669
670	670
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673	673	1 parent or guardian or a person at least 18 years of age
674	674	2 designated by a parent or guardian. Beginning on January 1,
675	675	3 2016, persons at least 10 years of age and less than 12 years
676	676	4 of age may operate a motorboat with over 10 horse power only if
677	677	5 the person is under the direct on-board supervision of a
678	678	6 parent or guardian who meets the requirements of subsection
679	679	7 (a) or a person at least 18 years of age who meets the
680	680	8 requirements of subsection (a) and is designated by a parent
681	681	9 or guardian.
682	682	10 (d) Persons Prior to January 1, 2016, persons at least 12
683	683	11 years of age and less than 18 years of age may operate a
684	684	12 motorboat with over 10 horse power only if they are
685	685	13 accompanied on the motorboat and under the direct control of a
686	686	14 parent or guardian or a person at least 18 years of age
687	687	15 designated by a parent or guardian, or the motorboat operator
688	688	16 is in possession of a Boating Safety Certificate issued by the
689	689	17 Department of Natural Resources, Division of Law Enforcement,
690	690	18 authorizing the holder to operate motorboats. Beginning on
691	691	19 January 1, 2016, persons at least 12 years and less than 18
692	692	20 years of age may operate a motorboat with over 10 horse power
693	693	21 only if the person meets the requirements of subsection (a) or
694	694	22 is under the direct on-board supervision of a parent or
695	695	23 guardian who meets the requirements of subsection (a) or a
696	696	24 person at least 18 years of age who meets the requirements of
697	697	25 subsection (a) and is designated by a parent or guardian.
698	698	26 (e) The Beginning January 1, 2016, the owner of a
699	699
700	700
701	701
702	702
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705	705
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709	709	1 motorboat or a person given supervisory authority over a
710	710	2 motorboat shall not permit a motorboat with over 10 horse
711	711	3 power to be operated by a person who does not meet the Boating
712	712	4 Safety Certificate requirements of this Section.
713	713	5 (f) Licensed boat liveries shall offer abbreviated
714	714	6 operating and safety instruction covering core boat safety
715	715	7 rules to all renters, unless the renter can demonstrate
716	716	8 compliance with the Illinois Boating Safety Certificate
717	717	9 requirements of this Section, or is exempt under subsection
718	718	10 (i) of this Section. A person who completes abbreviated
719	719	11 operating and safety instruction may operate a motorboat
720	720	12 rented from the livery providing the abbreviated operating and
721	721	13 safety instruction without having a Boating Safety Certificate
722	722	14 for up to one year from the date of instruction. The Department
723	723	15 shall adopt rules to implement this subsection.
724	724	16 (g) Violations.
725	725	17 (1) A person who is operating a motorboat with over 10
726	726	18 horse power and is required to have a valid Boating Safety
727	727	19 Certificate under the provisions of this Section shall
728	728	20 present the certificate to a law enforcement officer upon
729	729	21 request. Failure of the person to present the certificate
730	730	22 upon request is a petty offense.
731	731	23 (2) A person who provides false or fictitious
732	732	24 information in an application for a Boating Safety
733	733	25 Certificate; or who alters, forges, counterfeits, or
734	734	26 falsifies a Boating Safety Certificate; or who possesses a
735	735
736	736
737	737
738	738
739	739
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741	741
742	742
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745	745	1 Boating Safety Certificate that has been altered, forged,
746	746	2 counterfeited, or falsified is guilty of a Class A
747	747	3 misdemeanor.
748	748	4 (3) A person who loans or permits his or her Boating
749	749	5 Safety Certificate to be used by another person or who
750	750	6 operates a motorboat with over 10 horse power using a
751	751	7 Boating Safety Certificate that has not been issued to
752	752	8 that person is guilty of a Class A misdemeanor.
753	753	9 (4) A violation of this Section done with the
754	754	10 knowledge of a parent or guardian shall be deemed a
755	755	11 violation by the parent or guardian and punishable under
756	756	12 Section 11A-1.
757	757	13 (h) The Department of Natural Resources shall establish a
758	758	14 program of instruction on boating safety, laws, regulations
759	759	15 and administrative laws, and any other subject matter which
760	760	16 might be related to the subject of general boat safety. The
761	761	17 program shall be conducted by instructors certified by the
762	762	18 Department of Natural Resources. The course of instruction for
763	763	19 persons certified to teach boating safety shall be not less
764	764	20 than 8 hours in length, and the Department shall have the
765	765	21 authority to revoke the certification of any instructor who
766	766	22 has demonstrated his inability to conduct courses on the
767	767	23 subject matter. The Department of Natural Resources shall
768	768	24 develop and provide a method for students to complete the
769	769	25 program online. Students satisfactorily completing a program
770	770	26 of not less than 8 hours in length shall receive a certificate
771	771
772	772
773	773
774	774
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781	781	1 of safety from the Department of Natural Resources. The
782	782	2 Department may cooperate with schools, online vendors, private
783	783	3 clubs and other organizations in offering boating safety
784	784	4 courses throughout the State of Illinois.
785	785	5 The Department shall issue certificates of boating safety
786	786	6 to persons 10 years of age or older successfully completing
787	787	7 the prescribed course of instruction and passing such tests as
788	788	8 may be prescribed by the Department. The Department may charge
789	789	9 each person who enrolls in a course of instruction a fee not to
790	790	10 exceed $5. If a fee is authorized by the Department, the
791	791	11 Department shall authorize instructors conducting such courses
792	792	12 meeting standards established by it to charge for the rental
793	793	13 of facilities or for the cost of materials utilized in the
794	794	14 course. Fees retained by the Department shall be utilized to
795	795	15 defray a part of its expenses to operate the safety and
796	796	16 accident reporting programs of the Department.
797	797	17 (i) A Boating Safety Certificate is not required by:
798	798	18 (1) a person who possesses a valid United States Coast
799	799	19 Guard commercial vessel operator's license or a marine
800	800	20 certificate issued by the Canadian government;
801	801	21 (2) a person employed by the United States, this
802	802	22 State, another state, or a subdivision thereof while in
803	803	23 performance of his or her official duties;
804	804	24 (3) a person who is not a resident, is temporarily
805	805	25 using the waters of this State for a period not to exceed
806	806	26 90 days, and meets any applicable boating safety education
807	807
808	808
809	809
810	810
811	811
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813	813
814	814
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817	817	1 requirements of his or her state of residency or possesses
818	818	2 a Canadian Pleasure Craft Operator's Card;
819	819	3 (4) a person who is a resident of this State who has
820	820	4 met the applicable boating safety education requirements
821	821	5 of another state or possesses a Canadian Pleasure Craft
822	822	6 Operator's Card;
823	823	7 (5) a person who has assumed operation of the
824	824	8 motorboat due to the illness or physical impairment of the
825	825	9 operator, and is returning the motorboat or personal
826	826	10 watercraft to shore in order to provide assistance or care
827	827	11 for that operator;
828	828	12 (6) a person who is registered as a commercial
829	829	13 fisherman or a person who is under the onboard direct
830	830	14 supervision of the commercial fisherman while operating
831	831	15 the commercial fisherman's vessel;
832	832	16 (7) a person who is serving or has qualified as a
833	833	17 surface warfare officer or enlisted surface warfare
834	834	18 specialist in the United States Navy;
835	835	19 (8) a person who has assumed operation of the
836	836	20 motorboat for the purpose of completing a watercraft
837	837	21 safety course approved by the Department, the U.S. Coast
838	838	22 Guard, or the National Association of State Boating Law
839	839	23 Administrators;
840	840	24 (9) a person using only an electric motor to propel
841	841	25 the motorboat;
842	842	26 (10) a person operating a motorboat on private
843	843
844	844
845	845
846	846
847	847
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849	849
850	850
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853	853	1 property;
854	854	2 (11) a person over the age of 12 years who holds a
855	855	3 valid certificate issued by another state, a province of
856	856	4 the Dominion of Canada, the United States Coast Guard
857	857	5 Auxiliary or the United States Power Squadron need not
858	858	6 obtain a certificate from the Department if the course
859	859	7 content of the program in such other state, province or
860	860	8 organization substantially meets that established by the
861	861	9 Department under this Section. A certificate issued by the
862	862	10 Department or by another state, province of the Dominion
863	863	11 of Canada or approved organization shall not constitute an
864	864	12 operator's license, but shall certify only that the
865	865	13 student has successfully passed a course in boating safety
866	866	14 instruction; or
867	867	15 (12) a person who is temporarily using the waters of
868	868	16 this State for the purpose of participating in a boat
869	869	17 racing event sanctioned by the Department of Natural
870	870	18 Resources or authorized federal agency. The organizer or
871	871	19 holder of the sanctioned event shall possess liability
872	872	20 insurance for property damage and bodily injury or death
873	873	21 with a minimum benefit of $1,000,000 that shall remain in
874	874	22 effect through the entirety of the event.
875	875	23 (j) The Department of Natural Resources shall adopt rules
876	876	24 necessary to implement this Section. The Department of Natural
877	877	25 Resources shall consult and coordinate with the boating
878	878	26 public, professional organizations for recreational boating
879	879
880	880
881	881
882	882
883	883
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885	885
886	886
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889	889	1 safety, and the boating retail, leasing, and dealer business
890	890	2 community in the adoption of these rules.
891	891	3 (Source: P.A. 98-698, eff. 1-1-15; 99-78, eff. 7-20-15;
892	892	4 99-526, eff. 7-8-16.)
893	893	5 (625 ILCS 45/5-24 new)
894	894	6 Sec. 5-24. Possession of medical cannabis on a watercraft.
895	895	7 (a) No operator, who is a medical cannabis cardholder, may
896	896	8 use medical cannabis within the passenger area of any
897	897	9 watercraft upon waters in this State.
898	898	10 (b) No operator, who is a medical cannabis cardholder, a
899	899	11 medical cannabis designated caregiver, medical cannabis
900	900	12 cultivation center agent, or dispensing organization agent may
901	901	13 possess medical cannabis within any area of any watercraft
902	902	14 upon waters in this State except in a secured, sealed or
903	903	15 resealable, odor-proof, and child-resistant medical cannabis
904	904	16 container that is inaccessible.
905	905	17 (c) No passenger, who is a medical cannabis card holder, a
906	906	18 medical cannabis designated caregiver, or medical cannabis
907	907	19 dispensing organization agent may possess medical cannabis
908	908	20 within any passenger area of any watercraft upon waters in
909	909	21 this State except in a secured, sealed or resealable,
910	910	22 odor-proof, and child-resistant medical cannabis container
911	911	23 that is inaccessible.
912	912	24 (d) Any person who violates subsections (a) through (c):
913	913	25 (1) commits a Class A misdemeanor;
914	914
915	915
916	916
917	917
918	918
919	919	HB3484 - 25 - LRB104 12161 LNS 22262 b
920	920
921	921
922	922	HB3484- 26 -LRB104 12161 LNS 22262 b HB3484 - 26 - LRB104 12161 LNS 22262 b
923	923	HB3484 - 26 - LRB104 12161 LNS 22262 b
924	924	1 (2) shall be subject to revocation of his or her
925	925	2 medical cannabis card for 2 years from the end of the
926	926	3 sentence imposed; and
927	927	4 (3) shall be subject to revocation of his or her
928	928	5 status as a medical cannabis caregiver, medical cannabis
929	929	6 cultivation center agent, or medical cannabis dispensing
930	930	7 organization agent for 2 years from the end of the
931	931	8 sentence imposed.
932	932	9 (625 ILCS 45/5-25 new)
933	933	10 Sec. 5-25. Possession of adult use cannabis on a
934	934	11 watercraft.
935	935	12 (a) No operator may use cannabis within the passenger area
936	936	13 of any watercraft upon waters in this State.
937	937	14 (b) No operator may possess cannabis within any area of
938	938	15 any watercraft upon waters in this State except in a secured,
939	939	16 sealed or resealable, odor-proof, child-resistant cannabis
940	940	17 container that is inaccessible.
941	941	18 (c) No passenger may possess cannabis within any passenger
942	942	19 area of any watercraft upon waters in this State except in a
943	943	20 secured, sealed or resealable, odor-proof, child-resistant
944	944	21 cannabis container that is inaccessible.
945	945	22 (d) Any person who knowingly violates subsection (a), (b),
946	946	23 or (c) commits a Class A misdemeanor.
947	947	24 (625 ILCS 45/7-1) (from Ch. 95 1/2, par. 317-1)
948	948
949	949
950	950
951	951
952	952
953	953	HB3484 - 26 - LRB104 12161 LNS 22262 b
954	954
955	955
956	956	HB3484- 27 -LRB104 12161 LNS 22262 b HB3484 - 27 - LRB104 12161 LNS 22262 b
957	957	HB3484 - 27 - LRB104 12161 LNS 22262 b
958	958	1 Sec. 7-1. It On and after March 1, 1960 it shall be
959	959	2 unlawful for any person to engage in the business of operating
960	960	3 a boat or boats carrying passengers for hire, or renting a boat
961	961	4 or boats for hire without first having obtained a license so to
962	962	5 do from the Department. Such license shall be renewable each
963	963	6 year on January March 1st, shall be good only for one year or
964	964	7 portion of a year up to and including December 31st March 1st,
965	965	8 and it shall be unlawful for such person to so engage in such
966	966	9 business without having a valid license currently then in
967	967	10 force. The Department shall outline the application process
968	968	11 for passenger-for-hire licenses or rental boat licenses by
969	969	12 administrative rule. Violations of this Act by a business or
970	970	13 individual holding a rental license or passenger-for-hire
971	971	14 license shall result in the suspension or revocation of the
972	972	15 license issued based on the procedures outlined in
973	973	16 administrative rule.
974	974	17 (Source: P.A. 85-149.)
975	975	18 (625 ILCS 45/7-2) (from Ch. 95 1/2, par. 317-2)
976	976	19 Sec. 7-2. License fee. The fee for a license to operate a
977	977	20 boat for carrying passengers for hire shall be established by
978	978	21 administrative rule $50 for each boat. The fee for a license
979	979	22 for engaging in the business of renting boats for hire and the
980	980	23 shall be $30, plus an annual fee for each boat rented or
981	981	24 offered for rent shall be set by administrative rule of $1 for
982	982	25 each boat less than 16 feet in length; $2 for each boat 16 feet
983	983
984	984
985	985
986	986
987	987
988	988	HB3484 - 27 - LRB104 12161 LNS 22262 b
989	989
990	990
991	991	HB3484- 28 -LRB104 12161 LNS 22262 b HB3484 - 28 - LRB104 12161 LNS 22262 b
992	992	HB3484 - 28 - LRB104 12161 LNS 22262 b
993	993	1 or over and less than 26 feet in length; and $8 for each boat
994	994	2 26 feet or over in length. No boat shall, after March 1, 1960,
995	995	3 be rented or offered for rent until such license has been
996	996	4 granted and the boat marked as hereinafter provided.
997	997	5 (Source: P.A. 85-149.)
998	998	HB3484- 29 -LRB104 12161 LNS 22262 b 1 INDEX 2 Statutes amended in order of appearance HB3484- 29 -LRB104 12161 LNS 22262 b HB3484 - 29 - LRB104 12161 LNS 22262 b 1 INDEX 2 Statutes amended in order of appearance
999	999	HB3484- 29 -LRB104 12161 LNS 22262 b HB3484 - 29 - LRB104 12161 LNS 22262 b
1000	1000	HB3484 - 29 - LRB104 12161 LNS 22262 b
1001	1001	1 INDEX
1002	1002	2 Statutes amended in order of appearance
1003	1003
1004	1004
1005	1005
1006	1006
1007	1007
1008	1008	HB3484 - 28 - LRB104 12161 LNS 22262 b
1009	1009
1010	1010
1011	1011
1012	1012	HB3484- 29 -LRB104 12161 LNS 22262 b HB3484 - 29 - LRB104 12161 LNS 22262 b
1013	1013	HB3484 - 29 - LRB104 12161 LNS 22262 b
1014	1014	1 INDEX
1015	1015	2 Statutes amended in order of appearance
1016	1016
1017	1017
1018	1018
1019	1019
1020	1020
1021	1021	HB3484 - 29 - LRB104 12161 LNS 22262 b