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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Boat Registration and Safety Act is amended |
5 | | by changing Section 5-18 as follows:
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6 | | (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
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7 | | Sec. 5-18.
(a) Beginning on January 1, 2016, no person born |
8 | | on or after January 1, 1998, unless exempted by subsection (i), |
9 | | shall operate a motorboat with over 10 horse power unless that |
10 | | person has a valid Boating Safety Certificate issued by the |
11 | | Department of Natural Resources or an entity or organization |
12 | | recognized and approved by the Department. |
13 | | (b) No person under 10 years of age may operate a
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14 | | motorboat. |
15 | | (c) Prior to January 1, 2016, persons at least 10 years of |
16 | | age and less than 12 years of age
may operate a motorboat with |
17 | | over 10 horse power only if they are accompanied on the |
18 | | motorboat and
under the direct control of a parent or guardian |
19 | | or a person at least 18
years of age designated by a parent or |
20 | | guardian. Beginning on January 1, 2016, persons at least 10 |
21 | | years of age and less than 12 years of age may operate a |
22 | | motorboat with over 10 horse power only if the person is under |
23 | | the direct on-board supervision of a parent or guardian who |
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1 | | meets the requirements of subsection (a) or a person at least |
2 | | 18 years of age who meets the requirements of subsection (a) |
3 | | and is designated by a parent or guardian. |
4 | | (d) Prior to January 1, 2016, persons at least 12 years
of |
5 | | age and less than 18 years of age may operate a motorboat with |
6 | | over 10 horse power only if they
are accompanied on the |
7 | | motorboat and under the direct control of a parent
or guardian |
8 | | or a person at least 18 years of age designated by a parent or
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9 | | guardian, or the motorboat operator is in possession of a |
10 | | Boating Safety
Certificate issued by the Department of Natural |
11 | | Resources,
Division of Law Enforcement, authorizing the holder |
12 | | to operate motorboats. Beginning on January 1, 2016, persons at |
13 | | least 12 years and less than 18 years of age may operate a |
14 | | motorboat with over 10 horse power only if the person meets the |
15 | | requirements of subsection (a) or is under the direct on-board |
16 | | supervision of a parent or guardian who meets the requirements |
17 | | of subsection (a) or a person at least 18 years of age who |
18 | | meets the requirements of subsection (a) and is designated by a |
19 | | parent or guardian.
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20 | | (e) Beginning January 1, 2016, the owner of a motorboat or |
21 | | a person given supervisory authority over a motorboat shall not |
22 | | permit a motorboat with over 10 horse power to be operated by a |
23 | | person who does not meet the Boating Safety Certificate |
24 | | requirements of this Section. |
25 | | (f) Licensed boat liveries shall offer abbreviated |
26 | | operating and safety instruction covering core boat safety |
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1 | | rules to all renters, unless the renter can demonstrate |
2 | | compliance with the Illinois Boating Safety Certificate |
3 | | requirements of this Section, or is exempt under subsection (i) |
4 | | of this Section. A person who completes abbreviated operating |
5 | | and safety instruction may operate a motorboat rented from the |
6 | | livery providing the abbreviated operating and safety |
7 | | instruction without having a Boating Safety Certificate for up |
8 | | to one year from the date of instruction. The Department shall |
9 | | adopt rules to implement this subsection. |
10 | | (g) Violations. |
11 | | (1) A person who is operating a motorboat with over 10 |
12 | | horse power and is required to have a valid Boating Safety |
13 | | Certificate under the provisions of this Section shall |
14 | | present the certificate to a law enforcement officer upon |
15 | | request. Failure of the person to present the certificate |
16 | | upon request is a petty offense. |
17 | | (2) A person who provides false or fictitious |
18 | | information in an application for a Boating Safety |
19 | | Certificate; or who alters, forges, counterfeits, or |
20 | | falsifies a Boating Safety Certificate; or who possesses a |
21 | | Boating Safety Certificate that has been altered, forged, |
22 | | counterfeited, or falsified is guilty of a Class A |
23 | | misdemeanor. |
24 | | (3) A person who loans or permits his or her their |
25 | | Boating Safety Certificate to be used by another person ; or |
26 | | who operates a motorboat with over 10 horse power using a |
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1 | | Boating Safety Certificate that has not been issued to that |
2 | | person is guilty of a Class A misdemeanor. |
3 | | (4) A violation Violations of this Section done with |
4 | | the knowledge of a parent or guardian
shall be deemed a |
5 | | violation by the parent or guardian and punishable
under |
6 | | Section 11A-1.
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7 | | (h) The Department of Natural Resources shall
establish a |
8 | | program of instruction on boating safety, laws, regulations and
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9 | | administrative laws, and any other subject matter which might |
10 | | be related to
the subject of general boat safety. The program |
11 | | shall be conducted by
instructors certified by the Department |
12 | | of Natural Resources. The course of instruction for persons |
13 | | certified to teach
boating safety shall be not less than 8 |
14 | | hours in length, and the Department
shall have the authority to |
15 | | revoke the certification of any instructor who
has demonstrated |
16 | | his inability to conduct courses on the subject matter.
The |
17 | | Department of Natural Resources shall develop and provide a |
18 | | method for students to complete the program online. Students |
19 | | satisfactorily completing a program of not less than 8 hours in
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20 | | length shall receive a certificate of safety from the |
21 | | Department of
Natural Resources. The
Department may cooperate
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22 | | with schools, online vendors, private clubs and other |
23 | | organizations in offering boating
safety courses throughout |
24 | | the State of Illinois.
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25 | | The Department shall issue certificates of boating safety |
26 | | to persons 10
years of age or older successfully completing the |
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1 | | prescribed course
of instruction and passing such tests as may |
2 | | be prescribed by the Department.
The Department may charge each |
3 | | person who enrolls in a course of instruction
a fee not to |
4 | | exceed $5. If a fee is authorized by the Department, the
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5 | | Department shall authorize instructors conducting such courses |
6 | | meeting
standards established by it to charge for the rental of |
7 | | facilities or for
the cost of materials utilized in the course. |
8 | | Fees retained by the
Department shall be utilized to defray a |
9 | | part of its expenses to operate
the safety and accident |
10 | | reporting programs of the Department.
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11 | | (i) A Boating Safety Certificate is not required by: |
12 | | (1) a person who possesses a valid United States Coast |
13 | | Guard commercial vessel operator's license or a marine |
14 | | certificate issued by the Canadian government; |
15 | | (2) a person employed by the United States, this State, |
16 | | another state, or a subdivision thereof while in |
17 | | performance of his or her official duties; |
18 | | (3) a person who is not a resident, is temporarily |
19 | | using the waters of this State for a period not to exceed |
20 | | 90 days, and meets any applicable boating safety education |
21 | | requirements of his or her state of residency or possesses |
22 | | a Canadian Pleasure Craft Operator's Card; |
23 | | (4) a person who is a resident of this State who has |
24 | | met the applicable boating safety education requirements |
25 | | of another state or possesses a Canadian Pleasure Craft |
26 | | Operator's Card; |
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1 | | (5) a person who has assumed operation of the motorboat |
2 | | due to the illness or physical impairment of the operator, |
3 | | and is returning the motorboat or personal watercraft to |
4 | | shore in order to provide assistance or care for that |
5 | | operator; |
6 | | (6) a person who is registered as a commercial |
7 | | fisherman or a person who is under the onboard direct |
8 | | supervision of the commercial fisherman while operating |
9 | | the commercial fisherman's vessel; |
10 | | (7) a person who is serving or has qualified as a |
11 | | surface warfare officer or enlisted surface warfare |
12 | | specialist in the United States Navy; |
13 | | (8) a person who has assumed operation of the motorboat |
14 | | for the purpose of completing a watercraft safety course |
15 | | approved by the Department, the U.S. Coast Guard, or the |
16 | | National Association of State Boating Law Administrators; |
17 | | (9) a person using only an electric motor to propel the |
18 | | motorboat; |
19 | | (10) a person operating a motorboat on private |
20 | | property; or |
21 | | (11) a person over the age of 12 years who holds a |
22 | | valid certificate issued by
another state, a province of |
23 | | the Dominion of
Canada, the United States Coast Guard |
24 | | Auxiliary or the United States
Power Squadron need not |
25 | | obtain a certificate from the Department if the
course |
26 | | content of the program in such other state, province or |
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1 | | organization
substantially meets that established by the |
2 | | Department under this Section.
A certificate issued by the |
3 | | Department or by another state, province of the
Dominion of |
4 | | Canada or approved organization shall not constitute an
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5 | | operator's license, but shall certify only that the student |
6 | | has
successfully passed a course in boating safety |
7 | | instruction ; or .
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8 | | (12) a person who is temporarily using the waters of |
9 | | this State for the purpose of participating in a boat |
10 | | racing event sanctioned by the Department of Natural |
11 | | Resources or authorized federal agency. The organizer or |
12 | | holder of the sanctioned event shall possess liability |
13 | | insurance for property damage and personal injury or death |
14 | | with a minimum benefit of $1,000,000 that shall remain in |
15 | | effect through the entirety of the event. |
16 | | (j) The Department of Natural Resources shall adopt rules |
17 | | necessary to implement this Section. The Department of Natural |
18 | | Resources shall consult and coordinate with the boating public, |
19 | | professional organizations for recreational boating safety, |
20 | | and the boating retail, leasing, and dealer business community |
21 | | in the adoption of these rules.
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22 | | (Source: P.A. 98-698, eff. 1-1-15; revised 12-10-14.)
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23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law. |