Full Text of SB1310 98th General Assembly
SB1310 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB1310 Introduced 2/5/2013, by Sen. Melinda Bush SYNOPSIS AS INTRODUCED: |
| 625 ILCS 45/5-4 | from Ch. 95 1/2, par. 315-4 | 625 ILCS 45/5-22 | | 625 ILCS 45/11A-2 | from Ch. 95 1/2, par. 321A-2 | 625 ILCS 45/11A-3 | from Ch. 95 1/2, par. 321A-3 | 625 ILCS 45/11A-4 | from Ch. 95 1/2, par. 321A-4 |
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Amends the Boat Registration and Safety Act. Provides that water skiers, tubers, parasailers, or other persons towed by the motorboat shall be considered part of the total number of passengers and cargo allowed by a watercraft's capacity plate for the purpose of determining a motorboat's carrying capacity. Provides that a person that falsely alters a water usage stamp, falsifies a record under this Act, or counterfeits any license under this Act is guilty of a Class A misdemeanor. Provides that a violation of certain provisions concerning boat rental service providers is a Class B misdemeanor. Provides that a person who is convicted or found guilty (instead of "convicted") of a violation of certain Sections of the Act shall have his or her privilege of operating a
watercraft on State waterways suspended by the Department of Natural Resources for a period of not less than one year. To the list of offenses subject to the one-year suspension, adds violations of the Sections concerning resistance to officers, falsifying documents, and felony titling offenses. To the definition of "authorized emergency watercraft", adds vehicles equipped with alternately flashing blue lights. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Boat Registration and Safety Act is amended | 5 | | by changing Sections 5-4, 5-22, 11A-2, 11A-3, and 11A-4 as | 6 | | follows:
| 7 | | (625 ILCS 45/5-4) (from Ch. 95 1/2, par. 315-4)
| 8 | | Sec. 5-4. Overloading. A. No motorboat may be loaded with | 9 | | passengers or cargo beyond its safe
carrying capacity taking | 10 | | into consideration weather and other existing
operating | 11 | | conditions. Water skiers, tubers, parasailers, or other | 12 | | persons towed by the motorboat shall be considered part of the | 13 | | total number of passengers and cargo allowed by a watercraft's | 14 | | capacity plate for the purpose of determining a motorboat's | 15 | | carrying capacity.
| 16 | | B. Capacity plates. (1) Every vessel less than 26 feet in | 17 | | length,
designed to carry 2 or more persons and to be propelled | 18 | | by machinery as its
principal source of power or designed to be | 19 | | propelled by oars shall, if
manufactured or offered for sale in | 20 | | this State, have affixed permanently
thereto by the | 21 | | manufacturer a capacity plate as required by this Section.
As | 22 | | used in this Section, "manufacture" means to construct or | 23 | | assemble a
vessel or alter a vessel in such manner as to change |
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| 1 | | its weight capacity.
| 2 | | (2) A capacity plate shall bear the following information | 3 | | permanently
marked thereon in such manner as to be clearly | 4 | | visible and legible from the
position designed or normally | 5 | | intended to be occupied by the operator of
the vessel when | 6 | | under way:
| 7 | | a. For all vessels designed for or represented by the | 8 | | manufacturer as
being suitable for use with outboard motor:
| 9 | | 1. The total weight of persons, motor, gear and other | 10 | | articles placed
aboard which the vessel is capable of carrying | 11 | | with safety under normal
conditions.
| 12 | | 2. The recommended number of persons commensurate with the | 13 | | weight
capacity of the vessel and the presumed weight in pounds | 14 | | of each such
person. In no instance may such presumed weight | 15 | | per person be less than 150
pounds.
| 16 | | 3. Clear notice that the information appearing on the | 17 | | capacity plate is
applicable under normal conditions and that | 18 | | the weight of the outboard
motor and associated equipment is | 19 | | considered to be part of total weight
capacity.
| 20 | | 4. The maximum horsepower of the motor the vessel is | 21 | | designed or
intended to accommodate.
| 22 | | b. For all other vessels to which this Section applies:
| 23 | | 1. The total weight of persons, gear and other articles | 24 | | placed aboard
which the vessel is capable of carrying with | 25 | | safety under normal
conditions.
| 26 | | 2. The recommended number of persons commensurate with the |
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| 1 | | weight
capacity of the vessel and the presumed weight in pounds | 2 | | of each such
person. In no instance shall such presumed weight | 3 | | per person be less than
150 pounds.
| 4 | | 3. Clear notice that the information appearing on the | 5 | | capacity plate is
applicable under normal conditions.
| 6 | | (3) The information relating to maximum capacity required | 7 | | to appear on
capacity plates by Subsection B (2) of this | 8 | | Section shall be determined in
accordance with such methods and | 9 | | formulas as shall be prescribed by rule or
regulation adopted | 10 | | by the Department. In prescribing such methods and
formulas, | 11 | | the Department shall be guided by and give due regard to the
| 12 | | necessity for uniformity in methods and formulas lawful for use | 13 | | in
determining small vessel capacity in the several states and | 14 | | to any methods
and formulas which may be recognized or | 15 | | recommended by the United States
Coast Guard or any agency | 16 | | successor thereto.
| 17 | | (4) Any vessel to which this Section applies, not having a | 18 | | capacity
plate meeting the requirements of law affixed thereto | 19 | | by the manufacturer
thereof, may have such affixed by any other | 20 | | person in accordance with such
rules and regulations as the | 21 | | Department may prescribe and may thereafter be
offered for sale | 22 | | in this State, but no action taken pursuant to this
Section or | 23 | | in the manner described herein, shall relieve any manufacturer
| 24 | | from liability for failure to comply with the requirements of | 25 | | this Section.
| 26 | | (5) The information appearing on a capacity plate shall be |
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| 1 | | deemed to
warrant that the manufacturer, or the person affixing | 2 | | the capacity plate is
permitted by Subsection B (4) of this | 3 | | Section, as the case may be, has
correctly and faithfully | 4 | | employed a method and formula for the calculation
of maximum | 5 | | weight capacity prescribed by the Department and that the
| 6 | | information appearing on the capacity plate with respect to | 7 | | maximum weight
capacity and recommended number of persons is | 8 | | the result of the application
of such method and formula, and | 9 | | with respect to information concerning
horsepower limitations, | 10 | | that such information is not a deliberate or
negligent | 11 | | misrepresentation.
| 12 | | (6) If any vessel required by this Section to have a | 13 | | capacity plate
affixed thereto is of such design or | 14 | | construction as to make it
impracticable or undesirable to | 15 | | affix such plate, the manufacturer, or
other person having the | 16 | | responsibility for affixing the plate, may
represent such | 17 | | impracticability or undesirability to the Department in
| 18 | | writing. Upon determination by the Department that such | 19 | | representation has
merit and that a proper and effective | 20 | | substitute for the capacity plate
which will serve the same | 21 | | purpose is feasible, the Department may authorize
such | 22 | | alternative compliance and such alternative compliance shall
| 23 | | thereafter be deemed compliance with the capacity plate | 24 | | requirements of
this Section.
| 25 | | (7) The Department may by rules or regulations exempt from | 26 | | the
requirements of this Section vessels which it finds to be |
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| 1 | | of such
unconventional design or construction that the | 2 | | information required on
capacity plates would not assist in | 3 | | promoting safety or is not reasonably
obtainable.
| 4 | | (8) The Department is authorized to issue and amend rules | 5 | | and
regulations to carry out the purposes of this Section.
| 6 | | Failure to affix a proper capacity plate shall constitute a | 7 | | separate
violation of this subsection B for each vessel with | 8 | | respect to which such
failure occurs.
| 9 | | (Source: P.A. 82-783.)
| 10 | | (625 ILCS 45/5-22) | 11 | | Sec. 5-22. Operation of watercraft upon the approach of an | 12 | | authorized emergency watercraft. | 13 | | (a) As used in this Section, "authorized emergency | 14 | | watercraft" includes any watercraft operated by the Illinois | 15 | | Department of Natural Resources Police, the Illinois | 16 | | Department of State Police, a county sheriff, a local law | 17 | | enforcement agency, a fire department, a provider of emergency | 18 | | medical services, or the United States Coast Guard, equipped | 19 | | with alternately flashing red, blue, red and white, red and | 20 | | blue, or red in combination with white or blue lights, while | 21 | | engaged in official duties. Any authorized emergency | 22 | | watercraft must be clearly emblazoned with markings | 23 | | identifying it as a watercraft operated by the qualifying | 24 | | agency. | 25 | | (b) Upon the immediate approach of an authorized emergency |
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| 1 | | watercraft making use of rotating or flashing visual signals | 2 | | and lawfully making use of a visual signal, the operator of | 3 | | every other watercraft
shall yield the right-of-way and shall | 4 | | immediately reduce the speed of the watercraft, so as not to | 5 | | create a wake, and shall yield way to the emergency watercraft, | 6 | | moving to the right to permit the safe passage of the emergency | 7 | | watercraft, and shall stop and remain in that position until | 8 | | the authorized emergency watercraft has passed, unless | 9 | | otherwise directed by a police officer.
| 10 | | (c) Upon approaching a stationary authorized emergency | 11 | | watercraft, when the
authorized emergency watercraft is giving | 12 | | a signal by displaying rotating or alternately
flashing
red, | 13 | | blue, red and white, red and blue, or red in combination with | 14 | | white or blue lights, a
person operating an approaching | 15 | | watercraft shall proceed with due caution at no-wake speed and | 16 | | yield the right-of-way by moving safely away from that | 17 | | authorized emergency watercraft, proceeding with due caution | 18 | | at a no-wake speed with due regard to safety and water | 19 | | conditions, maintaining no-wake speed until sufficiently away | 20 | | from the emergency watercraft so as not to create a wake that | 21 | | would otherwise rock or otherwise disturb the authorized | 22 | | emergency watercraft.
| 23 | | (d) This Section shall not operate to relieve the operator | 24 | | of an
authorized emergency watercraft from the duty to operate | 25 | | that watercraft with due regard for the
safety of all persons | 26 | | using the waterway.
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| 1 | | (e) A person who violates this Section commits a business
| 2 | | offense punishable by a fine of not less than $100 or more than | 3 | | $10,000. It is a factor in
aggravation if the person committed | 4 | | the offense while in violation of Section
5-16 of this Act.
| 5 | | (f) If a violation of this Section results in damage to
the
| 6 | | property of another person, in addition to any other penalty | 7 | | imposed,
the person's watercraft operating privileges shall be | 8 | | suspended for a fixed
period of not less than 90 days and not | 9 | | more than one year.
| 10 | | (g) If a violation of this Section results in injury to
| 11 | | another
person, in addition to any other penalty imposed,
the | 12 | | person's watercraft operating privileges shall be suspended | 13 | | for a fixed period of not
less
than 180
days and not more than 2 | 14 | | years.
| 15 | | (h) If a violation of subsection (c) of this Section | 16 | | results in great bodily harm or permanent disability or | 17 | | disfigurement to, or the death of,
another person, in addition | 18 | | to any other penalty imposed,
the person's watercraft operating | 19 | | privileges shall be suspended for 2 years.
| 20 | | (i) The Department of Natural Resources shall, upon | 21 | | receiving a record of a judgment
entered against a person under | 22 | | this Section:
| 23 | | (1) suspend the person's watercraft operating | 24 | | privileges for the mandatory period; or
| 25 | | (2) extend the period of an existing suspension by the | 26 | | appropriate
mandatory period.
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| 1 | | (Source: P.A. 95-107, eff. 1-1-08.)
| 2 | | (625 ILCS 45/11A-2) (from Ch. 95 1/2, par. 321A-2)
| 3 | | Sec. 11A-2. A. Any person who violates Section 3-11, 3A-3, | 4 | | 3A-13, 3A-14, or 3A-20
is guilty of a Class A misdemeanor.
| 5 | | B. Any person who violates Section 3A-21 is guilty of a | 6 | | Class 2 felony.
| 7 | | (Source: P.A. 88-524.)
| 8 | | (625 ILCS 45/11A-3) (from Ch. 95 1/2, par. 321A-3)
| 9 | | Sec. 11A-3. Any person who violates any of the provisions | 10 | | of Section
5-1 , 7-1, 7-2, 7-7, 7-8, or 7-9 of this Act is | 11 | | guilty of a Class B misdemeanor.
| 12 | | Any person who violates Section 5-2 of this Act is
guilty | 13 | | of a Class A misdemeanor, except that aggravated reckless | 14 | | operation of a
watercraft is a Class 4 felony.
| 15 | | (Source: P.A. 93-782, eff. 1-1-05.)
| 16 | | (625 ILCS 45/11A-4) (from Ch. 95 1/2, par. 321A-4)
| 17 | | Sec. 11A-4. Any person who is convicted of a violation of | 18 | | Sections
5-1 or 11A-5 of this Act, in addition to any other | 19 | | penalties
authorized in this Act, may in the discretion of the | 20 | | court be refused the
privilege of operating any watercraft on | 21 | | any of the waterways of this State
for a period of not less | 22 | | than one year.
| 23 | | Any person who is convicted or found guilty of a violation |
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| 1 | | of Section 2-4, 3-11, 3A-21, or 5-2 of this Act or
subsection | 2 | | A-1 of Section 6-1 of this Act, in addition to any other | 3 | | penalties
authorized in this Act, shall have his or her | 4 | | privilege of operating any
watercraft on any of the waterways | 5 | | of this State suspended by the Department for a period of not | 6 | | less than one year.
| 7 | | (Source: P.A. 93-782, eff. 1-1-05.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
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