HB3136 98TH GENERAL ASSEMBLY

LRB098 09053 MLW 39189 b

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.

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY

A BILL FOR

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. Motorboat operator requirements.

(a) Beginning January 1, 2019, no person shall operate a motorboat on the waters of this State unless that person has a valid boating safety certificate issued by the Department of Natural Resources or is otherwise exempted by the provisions of subsection (e) of this Section. Prior to January 1, 2019, persons required to possess a boating safety certificate to operate a motorboat include operators who are:

(b) The owner of any motorboat or any person given supervisory authority over a motorboat, shall not permit a motorboat or any person given supervisory authority over a motorboat, shall not permit a motorboat to be operated by any person not possessing a valid boating safety certificate as required by this Act.

(c) No person under 10 years of age may operate a motorboat.

(d) Persons at least 10 years of age and less than 12 years of age may operate a motorboat on the waters of this State provided the person possesses a valid boating safety certificate and the person is under the direct on-board supervision 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 who holds a valid boating safety certificate or is exempt under this Section.

Persons at least 12 years of age and less than 18 years of age may operate a motorboat 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 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 motorboats.

(e) Exemptions. A boating safety certificate is not required by:

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

(2) 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; and

(3) law enforcement officers in performance of their duties.

(f) Compliance; Penalties for Violation.

(1) A person who is operating a motorboat on any waters of this State 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 shall be guilty of a petty offense.

(2) A person who provides false or fictitious information in any 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 shall be guilty of a Class A misdemeanor.

(3) 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) Boating safety certificates.

(1) 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.

(2) 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.

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.

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

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