Full Text of HB1553 95th General Assembly
HB1553 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1553
Introduced 2/22/2007, by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED: |
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Amends the Boat Registration and Safety Act. Provides that, when an authorized emergency watercraft approaches, or when approaching a stationary authorized emergency watercraft, the operator of another watercraft shall follow procedures similar to those the Illinois Vehicle Code requires of drivers in similar situations involving authorized emergency vehicles. Provides that the penalties for watercraft operators who fail to follow the required procedures are similar to those that apply to drivers under the Illinois Vehicle Code.
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A BILL FOR
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HB1553 |
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LRB095 09046 DRH 29237 b |
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| AN ACT concerning transportation.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Boat Registration and Safety Act is amended | 5 |
| by adding Section 5-22 as follows: | 6 |
| (625 ILCS 45/5-22 new) | 7 |
| Sec. 5-22. Operation of watercraft upon the approach of an | 8 |
| authorized emergency watercraft. | 9 |
| (a) As used in this Section, "authorized emergency | 10 |
| watercraft" includes any watercraft operated by the Illinois | 11 |
| Department of Natural Resources Police, the Illinois | 12 |
| Department of State Police, a county sheriff, a local law | 13 |
| enforcement agency, a fire department, a provider of emergency | 14 |
| medical services, or the United States Coast Guard, equipped | 15 |
| with alternately flashing red, red and white, red and blue, or | 16 |
| red in combination with white or blue lights, while engaged in | 17 |
| official duties. Any authorized emergency watercraft must be | 18 |
| clearly emblazoned with markings identifying it as a watercraft | 19 |
| operated by the qualifying agency. | 20 |
| (b) Upon the immediate approach of an authorized emergency | 21 |
| watercraft making use of rotating or flashing visual signals | 22 |
| and lawfully making use of a visual signal, the operator of | 23 |
| every other watercraft
shall yield the right-of-way and shall |
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HB1553 |
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LRB095 09046 DRH 29237 b |
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| immediately reduce the speed of the watercraft, so as not to | 2 |
| create a wake, and shall yield way to the emergency watercraft, | 3 |
| moving to the right to permit the safe passage of the emergency | 4 |
| watercraft, and shall stop and remain in that position until | 5 |
| the authorized emergency watercraft has passed, unless | 6 |
| otherwise directed by a police officer.
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| (c) Upon approaching a stationary authorized emergency | 8 |
| watercraft, when the
authorized emergency watercraft is giving | 9 |
| a signal by displaying rotating or alternately
flashing
red, | 10 |
| red and white, red and blue, or red in combination with white | 11 |
| or blue lights, a
person operating an approaching watercraft | 12 |
| shall proceed with due caution at no-wake speed and yield the | 13 |
| right-of-way by moving safely away from that authorized | 14 |
| emergency watercraft, proceeding with due caution at a no-wake | 15 |
| speed with due regard to safety and water conditions, | 16 |
| maintaining no-wake speed until sufficiently away from the | 17 |
| emergency watercraft so as not to create a wake that would | 18 |
| otherwise rock or otherwise disturb the authorized emergency | 19 |
| watercraft.
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| (d) This Section shall not operate to relieve the operator | 21 |
| of an
authorized emergency watercraft from the duty to operate | 22 |
| that watercraft with due regard for the
safety of all persons | 23 |
| using the waterway.
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| (e) A person who violates this Section commits a business
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| offense punishable by a fine of not less than $100 or more than | 26 |
| $10,000. It is a factor in
aggravation if the person committed |
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HB1553 |
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LRB095 09046 DRH 29237 b |
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| the offense while in violation of Section
5-16 of this Act.
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| (f) If a violation of this Section results in damage to
the
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| property of another person, in addition to any other penalty | 4 |
| imposed,
the person's watercraft operating privileges shall be | 5 |
| suspended for a fixed
period of not less than 90 days and not | 6 |
| more than one year.
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| (g) If a violation of this Section results in injury to
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| another
person, in addition to any other penalty imposed,
the | 9 |
| person's watercraft operating privileges shall be suspended | 10 |
| for a fixed period of not
less
than 180
days and not more than 2 | 11 |
| years.
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| (h) If a violation of subsection (c) of this Section | 13 |
| results in great bodily harm or permanent disability or | 14 |
| disfigurement to, or the death of,
another person, in addition | 15 |
| to any other penalty imposed,
the person's driving privileges | 16 |
| shall be suspended for 2 years.
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| (i) The Department of Natural Resources shall, upon | 18 |
| receiving a record of a judgment
entered against a person under | 19 |
| this Section:
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| (1) suspend the person's watercraft operating | 21 |
| privileges for the mandatory period; or
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| (2) extend the period of an existing suspension by the | 23 |
| appropriate
mandatory period.
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