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| Public Act 097-0850 | ||||
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Boat Registration and Safety Act is amended | ||||
by adding Section 5-23 as follows: | ||||
(625 ILCS 45/5-23 new) | ||||
Sec. 5-23. Transportation of aquatic plants and animals; | ||||
placement of objects in navigable waters. | ||||
(a) No person may place or operate a vehicle, seaplane, | ||||
watercraft, or other object of any kind in waters of this State | ||||
if it has any aquatic plants or aquatic animals attached to the | ||||
exterior of the vehicle, seaplane, watercraft, or other object. | ||||
This Section does not require a person to remove aquatic plants | ||||
or aquatic animals from a vehicle, seaplane, watercraft, or | ||||
other object during the period of time when the vehicle, | ||||
seaplane, watercraft, or other object is being operated in the | ||||
same navigable body of water in which the aquatic plants or | ||||
aquatic animals became attached. | ||||
(b) No person may take off with a seaplane, or transport or | ||||
operate a vehicle, watercraft, or other object of any kind on a | ||||
highway with aquatic plants or aquatic animals attached to the | ||||
exterior of the seaplane, vehicle, watercraft, or other object. | ||||
(c) A law enforcement officer who has reason to believe | ||||
that a person is in violation of this Section may order the | ||
person to: | ||
(i) remove aquatic plants or aquatic animals from a | ||
vehicle, seaplane, watercraft, or other object of any kind | ||
before placing it in a navigable water; | ||
(ii) remove aquatic plants or aquatic animals from a | ||
seaplane before taking off with the seaplane; | ||
(iii) remove from, or not place in, a navigable water, | ||
a vehicle, seaplane, watercraft, or other object of any | ||
kind; or | ||
(iv) not take off with a seaplane, or transport or | ||
operate a vehicle, watercraft, or other object of any kind | ||
on a highway. | ||
(d)
No person may refuse to obey the order of a law | ||
enforcement officer acting under subsection (c) of this | ||
Section. | ||
(e) This Section does not prohibit a person from: | ||
(i) transporting or operating a vehicle, seaplane, | ||
watercraft, or other object of any kind with duckweed that | ||
is incidentally attached to the exterior of the vehicle, | ||
seaplane, watercraft, or other object; or | ||
(ii) transporting or operating commercial aquatic | ||
plant harvesting equipment that has aquatic plants or | ||
animals attached to the exterior of the equipment, if the | ||
equipment is owned or operated by a local governmental | ||
unit, is being transported or operated for the purpose of | ||
cleaning the equipment to remove aquatic plants or animals, | ||
and is being transported to or operated at a suitable | ||
location away from any body of water. | ||
(f) The Department shall prepare a notice that contains a | ||
summary of the provisions under this Section and shall make | ||
copies of the notice available to persons required to post the | ||
notice under subsection (g) of this Section. | ||
(g) Each owner of a public boat access site shall post and | ||
maintain the notice described in subsection (f) of this | ||
Section. For purposes of this Section, a "public boat access | ||
site" means a site that provides access to a navigable water | ||
for boats and that is open to the general public for free or | ||
for a charge or that is open only to certain groups of persons | ||
for a charge.
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