98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3136

 

Introduced , by Rep. Kelly Burke

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 45/5-18  from Ch. 95 1/2, par. 315-13

    Amends the Boat Registration and Safety Act. Provides that beginning January 1, 2019, no person shall operate a motorboat on the waters of this State unless they have a boating safety certificate. Prior to January 1, 2019, provides a graduated scale for the boating safety certificate requirement based on the age of the operator. Prohibits the owner of a motorboat from allowing a person without a boating safety certificate to operate the motorboat. Provides that persons between 10 and 12 years of age must, in addition to possessing a boating safety certificate, be under the supervision of a parent, guardian, or a person at least 18 years of age designated by the parent or guarding, that has a boating safety certificate. Exempts operators that (i) have a commercial vessel license; (ii) have a similar certificate from another state, a province of Canada, or the Coast Guard; (iii) are law enforcement officers performing official duties. Provides that operators without a boating safety certificate, unless otherwise exempted, are guilty of a petty offense. Provides that persons that falsify information in applying for a certificate, or who submit a falsified certificate to law enforcement, are guilty of a Class A misdemeanor. Expands the Department of Natural Resource's ability to implement rules for the enforcement of this Section.


LRB098 09053 MLW 39189 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3136LRB098 09053 MLW 39189 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Boat Registration and Safety Act is amended
5by changing Section 5-18 as follows:
 
6    (625 ILCS 45/5-18)  (from Ch. 95 1/2, par. 315-13)
7    Sec. 5-18. Motorboat operator requirements.
8    (a) Beginning January 1, 2019, no person shall operate a
9motorboat on the waters of this State unless that person has a
10valid boating safety certificate issued by the Department of
11Natural Resources or is otherwise exempted by the provisions of
12subsection (e) of this Section. Prior to January 1, 2019,
13persons required to possess a boating safety certificate to
14operate a motorboat include operators who are:
 
15PERSONS BORN: MUST BE CERTIFIED BY:
16January 1, 1990 or AFTER *Before Operating a Motorboat
17after January 1, 1988 but before
18January 1, 1990 January 1, 2014
19after January 1, 1983 but before
20January 1, 1988 January 1, 2015

 

 

 

HB3136- 2 -LRB098 09053 MLW 39189 b

1after January 1, 1978 but before
2January 1, 1983 January 1, 2016
3after January 1, 1973 but before
4January 1, 1978 January 1, 2017
5after January 1, 1968 but before
6January 1, 1973 January 1, 2018
7BEFORE January 1, 1968 January 1, 2019
8    (b) The owner of any motorboat or any person given
9supervisory authority over a motorboat, shall not permit a
10motorboat or any person given supervisory authority over a
11motorboat, shall not permit a motorboat to be operated by any
12person not possessing a valid boating safety certificate as
13required by this Act.
14    (c) No person under 10 years of age may operate a
15motorboat.
16    (d) Persons at least 10 years of age and less than 12 years
17of age may operate a motorboat on the waters of this State
18provided the person possesses a valid boating safety
19certificate and the person is under the direct on-board
20supervision only if they are accompanied on the motorboat and
21under the direct control of a parent or guardian or a person at
22least 18 years of age designated by a parent or guardian who
23holds a valid boating safety certificate or is exempt under
24this Section.
25     Persons at least 12 years of age and less than 18 years of

 

 

HB3136- 3 -LRB098 09053 MLW 39189 b

1age may operate a motorboat only if they are accompanied on the
2motorboat and under the direct control of a parent or guardian
3or a person at least 18 years of age designated by a parent or
4guardian, or such motorboat operator is in possession of a
5Boating Safety Certificate issued by the Department of Natural
6Resources, Division of Law Enforcement, authorizing the holder
7to operate motorboats.
8    (e) Exemptions. A boating safety certificate is not
9required by:
10        (1) a person that possesses a valid United States Coast
11    Guard commercial vessel operator's license;
12        (2) a person over the age of 12 years who holds a valid
13    certificate issued by another state, a province of the
14    Dominion of Canada, the United States Coast Guard Auxiliary
15    or the United States Power Squadron need not obtain a
16    certificate from the Department if the course content of
17    the program in such other state, province or organization
18    substantially meets that established by the Department
19    under this Section. A certificate issued by the Department
20    or by another state, province of the Dominion of Canada or
21    approved organization shall not constitute an operator's
22    license, but shall certify only that the student has
23    successfully passed a course in boating safety
24    instruction; and
25        (3) law enforcement officers in performance of their
26    duties.

 

 

HB3136- 4 -LRB098 09053 MLW 39189 b

1    (f) Compliance; Penalties for Violation.
2        (1) A person who is operating a motorboat on any waters
3    of this State and is required to have a valid boating
4    safety certificate under the provisions of this Section
5    shall present the certificate to a law enforcement officer
6    upon request. Failure of the person to present the
7    certificate upon request shall be guilty of a petty
8    offense.
9        (2) A person who provides false or fictitious
10    information in any application for a boating safety
11    certificate; or who alters, forges, counterfeits, or
12    falsifies a boating safety certificate; or who possesses a
13    boating safety certificate that has been altered, forged,
14    counterfeited, or falsified shall be guilty of a Class A
15    misdemeanor.
16        (3) Violations of this Section done with the knowledge
17    of a parent or guardian shall be deemed a violation by the
18    parent or guardian and punishable under Section 11A-1.
19    (g) Boating safety certificates.
20        (1) The Department of Natural Resources, Division of
21    Law Enforcement, shall establish a program of instruction
22    on boating safety, laws, regulations and administrative
23    laws, and any other subject matter which might be related
24    to the subject of general boat safety. The program shall be
25    conducted by instructors certified by the Department of
26    Natural Resources, Division of Law Enforcement. The course

 

 

HB3136- 5 -LRB098 09053 MLW 39189 b

1    of instruction for persons certified to teach boating
2    safety shall be not less than 8 hours in length, and the
3    Department shall have the authority to revoke the
4    certification of any instructor who has demonstrated his
5    inability to conduct courses on the subject matter.
6    Students satisfactorily completing a program of not less
7    than 8 hours in length shall receive a certificate of
8    safety from the Department of Natural Resources, Division
9    of Law Enforcement. The Department may cooperate with
10    schools, private clubs and other organizations in offering
11    boating safety courses throughout the State of Illinois.
12        (2) The Department shall issue certificates of boating
13    safety to persons 10 years of age or older successfully
14    completing the prescribed course of instruction and
15    passing such tests as may be prescribed by the Department.
16    The Department may charge each person who enrolls in a
17    course of instruction a fee not to exceed $5. If a fee is
18    authorized by the Department, the Department shall
19    authorize instructors conducting such courses meeting
20    standards established by it to charge for the rental of
21    facilities or for the cost of materials utilized in the
22    course. Fees retained by the Department shall be utilized
23    to defray a part of its expenses to operate the safety and
24    accident reporting programs of the Department.
25    A person over the age of 12 years who holds a valid
26certificate issued by another state, a province of the Dominion

 

 

HB3136- 6 -LRB098 09053 MLW 39189 b

1of Canada, the United States Coast Guard Auxiliary or the
2United States Power Squadron need not obtain a certificate from
3the Department if the course content of the program in such
4other state, province or organization substantially meets that
5established by the Department under this Section. A certificate
6issued by the Department or by another state, province of the
7Dominion of Canada or approved organization shall not
8constitute an operator's license, but shall certify only that
9the student has successfully passed a course in boating safety
10instruction.
11    (h) The Department of Natural Resources, Division of Law
12Enforcement, shall adopt rules to implement and enforce the
13provisions of this Section.
14(Source: P.A. 91-357, eff. 7-29-99.)