HB3730 103RD GENERAL ASSEMBLY

LRB103 30954 AWJ 57526 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3730

Introduced 2/17/2023, by Rep. Nabeela Syed

SYNOPSIS AS INTRODUCED:

New Act

Creates the Thin Ice Warning Act. Provides that a land owner, including private owners, the State, or a unit of local government, must rope off and erect warning signs near portions of a pond, river, or lake that is reasonably accessible by persons other than the owner of the property if (1) the pond, river, or lake is within 500 feet of a residence other than the property owner's residence and (2) a majority of the water by the shore is iced over. Requires a sign to be erected every 50 feet that includes a warning drawing of an individual falling through ice and text stating, "Warning: Thin Ice". Provides that a county, municipality, or township, including home rule units, may not adopt ordinances regulating the roping off and signage required in a manner less restrictive than provided in the Act. Provides that a county, municipality, or township ordinance regulating the roping off and signage requirements may include, but is not limited to, regulations expanding the requirements to other, temporary bodies of water, such as drainage basins, and regulating fishing and ice skating on bodies of water where roping off and signage is required. Provides that roping off and signage is not required and may not be regulated for the portions of a pond, river, or lake that are used by livestock as a water source. Limits the concurrent exercise of home rule powers.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Thin Ice Warning Act.

Section 5. Roping off and signs required.

(a) A land owner, including private owners, the State, or a unit of local government, must rope off and erect warning signs near portions of a pond, river, or lake that is reasonably accessible by persons other than the owner of the property if (1) the pond, river, or lake is within 500 feet of a residence other than the property owner's residence and (2) a majority of the water by the shore is iced over. Ropes must be hung at approximately 3 feet tall.

(b) On each roped off area under subsection (a), a sign must be erected every 50 feet. The sign must contain a warning drawing of an individual falling through ice and text stating, "Warning: Thin Ice".

Section 10. Roping and sign regulation; home rule.

(a) A county, municipality, or township, including a home rule unit, may not adopt ordinances regulating the roping off and signage required under Section 5 in a manner less restrictive than provided in Section 5. This Act is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State. A county, municipality, or township ordinance regulating the roping off and signage requirements in Section 5 may include, but is not limited to, regulations expanding the requirements to other, temporary bodies of water, such as drainage basins, and regulating fishing and ice skating on bodies of water where roping off and signage is required under Section 5.

(b) A county or township may not regulate within a municipality that that has adopted an ordinance under subsection (a). A county may not regulate within a township that has adopted an ordinance under subsection (a).

Section 15. Water sources. Roping off and signage is not required under Section 5 and may not be regulated under Section 10 for any portions of a pond, river, or lake that are used by livestock as a water source.