Public Act 099-0526
 
HB4369 EnrolledLRB099 15775 RJF 40081 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 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 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 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 his or her 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) A violation 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 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.  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.  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 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; or .

        (12)   a person who is temporarily using the waters of 
    this State for the purpose of participating in a boat 
    racing event sanctioned by the Department of Natural 
    Resources or authorized federal agency. The organizer or 
    holder of the sanctioned event shall possess liability 
    insurance for property damage and bodily injury or death 
    with a minimum benefit of $1,000,000 that shall remain in 
    effect through the entirety of the event. 
    (j) The Department of Natural Resources shall adopt rules 
necessary to implement 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. 98-698, eff. 1-1-15; 99-78, eff. 7-20-15.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.