SB1478sam001 98TH GENERAL ASSEMBLY

Sen. Julie A. Morrison

Filed: 3/12/2013

09800SB1478sam001 LRB098 10151 MLW 42698 a

AMENDMENT TO SENATE BILL 1478

AMENDMENT NO. ______. Amend Senate Bill 1478 by replacing everything after the enacting clause with the following:

"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, 2015, no person born on or after January 1, 1990, unless exempted by subsection (h), shall operate a watercraft 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 watercraft motorboat.

(c) Prior to January 1, 2015, persons Persons at least 10 years of age and less than 12 years of age may operate a watercraft motorboat only if they are accompanied on the watercraft 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, 2015, persons at least 10 years of age and less than 12 years of age may operate a watercraft 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, 2015, persons Persons at least 12 years of age and less than 18 years of age may operate a watercraft motorboat only if they are accompanied on the watercraft 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 watercraft 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 watercrafts motorboats. Beginning on January 1, 2015, persons at least 12 years and less than 18 years of age may operate a watercraft 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, 2015, the owner of a watercraft or a person given supervisory authority over a watercraft shall not permit a watercraft to be operated by a person not possessing a valid Boating Safety Certificate as required by this Section.

(f) Violations.

(1) A person who is operating a watercraft 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 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.

(g) 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. 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, 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.

(h) A Boating Safety Certificate is not required by:

(1) a person who possesses a valid United States Coast Guard commercial vessel operator's license;

(2) a person employed by the United States, this State, another state, or a subdivision thereof while in performance of their official duties; or

(3) 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.

(i) The Department of Natural Resources may adopt rules necessary to , Division of Law Enforcement, shall implement and enforce the provisions of this Section.

(Source: P.A. 91-357, eff. 7-29-99.)".