Public Act 095-0107
 
HB1553 Enrolled LRB095 09046 DRH 29237 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 adding Section 5-22 as follows:
 
    (625 ILCS 45/5-22 new)
    Sec. 5-22. Operation of watercraft upon the approach of an
authorized emergency watercraft.
    (a) As used in this Section, "authorized emergency
watercraft" includes any watercraft operated by the Illinois
Department of Natural Resources Police, the Illinois
Department of State Police, a county sheriff, a local law
enforcement agency, a fire department, a provider of emergency
medical services, or the United States Coast Guard, equipped
with alternately flashing red, red and white, red and blue, or
red in combination with white or blue lights, while engaged in
official duties. Any authorized emergency watercraft must be
clearly emblazoned with markings identifying it as a watercraft
operated by the qualifying agency.
    (b) Upon the immediate approach of an authorized emergency
watercraft making use of rotating or flashing visual signals
and lawfully making use of a visual signal, the operator of
every other watercraft shall yield the right-of-way and shall
immediately reduce the speed of the watercraft, so as not to
create a wake, and shall yield way to the emergency watercraft,
moving to the right to permit the safe passage of the emergency
watercraft, and shall stop and remain in that position until
the authorized emergency watercraft has passed, unless
otherwise directed by a police officer.
    (c) Upon approaching a stationary authorized emergency
watercraft, when the authorized emergency watercraft is giving
a signal by displaying rotating or alternately flashing red,
red and white, red and blue, or red in combination with white
or blue lights, a person operating an approaching watercraft
shall proceed with due caution at no-wake speed and yield the
right-of-way by moving safely away from that authorized
emergency watercraft, proceeding with due caution at a no-wake
speed with due regard to safety and water conditions,
maintaining no-wake speed until sufficiently away from the
emergency watercraft so as not to create a wake that would
otherwise rock or otherwise disturb the authorized emergency
watercraft.
    (d) This Section shall not operate to relieve the operator
of an authorized emergency watercraft from the duty to operate
that watercraft with due regard for the safety of all persons
using the waterway.
    (e) A person who violates this Section commits a business
offense punishable by a fine of not less than $100 or more than
$10,000. It is a factor in aggravation if the person committed
the offense while in violation of Section 5-16 of this Act.
    (f) If a violation of this Section results in damage to the
property of another person, in addition to any other penalty
imposed, the person's watercraft operating privileges shall be
suspended for a fixed period of not less than 90 days and not
more than one year.
    (g) If a violation of this Section results in injury to
another person, in addition to any other penalty imposed, the
person's watercraft operating privileges shall be suspended
for a fixed period of not less than 180 days and not more than 2
years.
    (h) If a violation of subsection (c) of this Section
results in great bodily harm or permanent disability or
disfigurement to, or the death of, another person, in addition
to any other penalty imposed, the person's watercraft operating
privileges shall be suspended for 2 years.
    (i) The Department of Natural Resources shall, upon
receiving a record of a judgment entered against a person under
this Section:
        (1) suspend the person's watercraft operating
    privileges for the mandatory period; or
        (2) extend the period of an existing suspension by the
    appropriate mandatory period.