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Public Act 098-0698


 

Public Act 0698 98TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 098-0698
 
SB3433 EnrolledLRB098 20183 MLW 55514 b

    AN ACT concerning transportation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Boat Registration and Safety Act is amended
by changing Section 5-18 as follows:
 
    (625 ILCS 45/5-18)  (from Ch. 95 1/2, par. 315-13)
    Sec. 5-18.
    (a) Beginning on January 1, 2016, no person born on or
after January 1, 1998, unless exempted by subsection (i), shall
operate a motorboat with over 10 horse power unless that person
has a valid Boating Safety Certificate issued by the Department
of Natural Resources or an entity or organization recognized
and approved by the Department.
    (b) No person under 10 years of age may operate a
motorboat.
    (c) Prior to January 1, 2016, persons Persons at least 10
years of age and less than 12 years of age may operate a
motorboat with over 10 horse power only if they are accompanied
on the motorboat and under the direct control of a parent or
guardian or a person at least 18 years of age designated by a
parent or guardian. Beginning on January 1, 2016, persons at
least 10 years of age and less than 12 years of age may operate
a motorboat with over 10 horse power only if the person is
under the direct on-board supervision of a parent or guardian
who meets the requirements of subsection (a) or a person at
least 18 years of age who meets the requirements of subsection
(a) and is designated by a parent or guardian.
    (d) Prior to January 1, 2016, persons Persons at least 12
years of age and less than 18 years of age may operate a
motorboat with over 10 horse power only if they are accompanied
on the motorboat and under the direct control of a parent or
guardian or a person at least 18 years of age designated by a
parent or guardian, or the such motorboat operator is in
possession of a Boating Safety Certificate issued by the
Department of Natural Resources, Division of Law Enforcement,
authorizing the holder to operate motorboats. Beginning on
January 1, 2016, persons at least 12 years and less than 18
years of age may operate a motorboat with over 10 horse power
only if the person meets the requirements of subsection (a) or
is under the direct on-board supervision of a parent or
guardian who meets the requirements of subsection (a) or a
person at least 18 years of age who meets the requirements of
subsection (a) and is designated by a parent or guardian.
    (e) Beginning January 1, 2016, the owner of a motorboat or
a person given supervisory authority over a motorboat shall not
permit a motorboat with over 10 horse power to be operated by a
person who does not meet the Boating Safety Certificate
requirements of this Section.
    (f) Licensed boat liveries shall offer abbreviated
operating and safety instruction covering core boat safety
rules to all renters, unless the renter can demonstrate
compliance with the Illinois Boating Safety Certificate
requirements of this Section, or is exempt under subsection (i)
of this Section. A person who completes abbreviated operating
and safety instruction may operate a motorboat rented from the
livery providing the abbreviated operating and safety
instruction without having a Boating Safety Certificate for up
to one year from the date of instruction. The Department shall
adopt rules to implement this subsection.
    (g) Violations.
        (1) A person who is operating a motorboat with over 10
    horse power and is required to have a valid Boating Safety
    Certificate under the provisions of this Section shall
    present the certificate to a law enforcement officer upon
    request. Failure of the person to present the certificate
    upon request is a petty offense.
        (2) A person who provides false or fictitious
    information in an application for a Boating Safety
    Certificate; or who alters, forges, counterfeits, or
    falsifies a Boating Safety Certificate; or who possesses a
    Boating Safety Certificate that has been altered, forged,
    counterfeited, or falsified is guilty of a Class A
    misdemeanor.
        (3) A person who loans or permits their Boating Safety
    Certificate to be used by another person; or who operates a
    motorboat with over 10 horse power using a Boating Safety
    Certificate that has not been issued to that person is
    guilty of a Class A misdemeanor.
        (4) Violations of this Section done with the knowledge
    of a parent or guardian shall be deemed a violation by the
    parent or guardian and punishable under Section 11A-1.
    (h) The Department of Natural Resources, Division of Law
Enforcement, shall establish a program of instruction on
boating safety, laws, regulations and administrative laws, and
any other subject matter which might be related to the subject
of general boat safety. The program shall be conducted by
instructors certified by the Department of Natural Resources,
Division of Law Enforcement. The course of instruction for
persons certified to teach boating safety shall be not less
than 8 hours in length, and the Department shall have the
authority to revoke the certification of any instructor who has
demonstrated his inability to conduct courses on the subject
matter. The Department of Natural Resources shall develop and
provide a method for students to complete the program online.
Students satisfactorily completing a program of not less than 8
hours in length shall receive a certificate of safety from the
Department of Natural Resources, Division of Law Enforcement.
The Department may cooperate with schools, online vendors,
private clubs and other organizations in offering boating
safety courses throughout the State of Illinois.
    The Department shall issue certificates of boating safety
to persons 10 years of age or older successfully completing the
prescribed course of instruction and passing such tests as may
be prescribed by the Department. The Department may charge each
person who enrolls in a course of instruction a fee not to
exceed $5. If a fee is authorized by the Department, the
Department shall authorize instructors conducting such courses
meeting standards established by it to charge for the rental of
facilities or for the cost of materials utilized in the course.
Fees retained by the Department shall be utilized to defray a
part of its expenses to operate the safety and accident
reporting programs of the Department.
    (i) A Boating Safety Certificate is not required by:
        (1) a person who possesses a valid United States Coast
    Guard commercial vessel operator's license or a marine
    certificate issued by the Canadian government;
        (2) a person employed by the United States, this State,
    another state, or a subdivision thereof while in
    performance of his or her official duties;
        (3) a person who is not a resident, is temporarily
    using the waters of this State for a period not to exceed
    90 days, and meets any applicable boating safety education
    requirements of his or her state of residency or possesses
    a Canadian Pleasure Craft Operator's Card;
        (4) a person who is a resident of this State who has
    met the applicable boating safety education requirements
    of another state or possesses a Canadian Pleasure Craft
    Operator's Card;
        (5) a person who has assumed operation of the motorboat
    due to the illness or physical impairment of the operator,
    and is returning the motorboat or personal watercraft to
    shore in order to provide assistance or care for that
    operator;
        (6) a person who is registered as a commercial
    fisherman or a person who is under the onboard direct
    supervision of the commercial fisherman while operating
    the commercial fisherman's vessel;
        (7) a person who is serving or has qualified as a
    surface warfare officer or enlisted surface warfare
    specialist in the United States Navy;
        (8) a person who has assumed operation of the motorboat
    for the purpose of completing a watercraft safety course
    approved by the Department, the U.S. Coast Guard, or the
    National Association of State Boating Law Administrators;
        (9) a person using only an electric motor to propel the
    motorboat;
        (10) a person operating a motorboat on private
    property; or
        (11) a A person over the age of 12 years who holds a
    valid certificate issued by another state, a province of
    the Dominion of Canada, the United States Coast Guard
    Auxiliary or the United States Power Squadron need not
    obtain a certificate from the Department if the course
    content of the program in such other state, province or
    organization substantially meets that established by the
    Department under this Section. A certificate issued by the
    Department or by another state, province of the Dominion of
    Canada or approved organization shall not constitute an
    operator's license, but shall certify only that the student
    has successfully passed a course in boating safety
    instruction.
    (j) The Department of Natural Resources, Division of Law
Enforcement, shall adopt rules necessary to implement and
enforce the provisions of this Section. The Department of
Natural Resources shall consult and coordinate with the boating
public, professional organizations for recreational boating
safety, and the boating retail, leasing, and dealer business
community in the adoption of these rules.
(Source: P.A. 91-357, eff. 7-29-99.)

Effective Date: 1/1/2015