Full Text of SB1478 98th General Assembly
SB1478sam001 98TH GENERAL ASSEMBLY | Sen. Julie A. Morrison Filed: 3/12/2013
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| 1 | | AMENDMENT TO SENATE BILL 1478
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1478 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Boat Registration and Safety Act is amended | 5 | | by changing Section 5-18 as follows:
| 6 | | (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
| 7 | | Sec. 5-18.
| 8 | | (a) Beginning on January 1, 2015, no person born on or | 9 | | after January 1, 1990, unless exempted by subsection (h), shall | 10 | | operate a watercraft unless that person has a valid Boating | 11 | | Safety Certificate issued by the Department of Natural | 12 | | Resources or an entity or organization recognized and approved | 13 | | by the Department. | 14 | | (b) No person under 10 years of age may operate a
| 15 | | watercraft motorboat . | 16 | | (c) Prior to January 1, 2015, persons Persons at least 10 |
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| 1 | | years of age and less than 12 years of age
may operate a | 2 | | watercraft motorboat only if they are accompanied on the | 3 | | watercraft motorboat and
under the direct control of a parent | 4 | | or guardian or a person at least 18
years of age designated by | 5 | | a parent or guardian. Beginning on January 1, 2015, persons at | 6 | | least 10 years of age and less than 12 years of age may operate | 7 | | a watercraft only if the person is under the direct on-board | 8 | | supervision of a parent or guardian who meets the requirements | 9 | | of subsection (a) or a person at least 18 years of age who | 10 | | meets the requirements of subsection (a) and is designated by a | 11 | | parent or guardian. | 12 | | (d) Prior to January 1, 2015, persons Persons at least 12 | 13 | | years
of age and less than 18 years of age may operate a | 14 | | watercraft motorboat only if they
are accompanied on the | 15 | | watercraft motorboat and under the direct control of a parent
| 16 | | or guardian or a person at least 18 years of age designated by | 17 | | a parent or
guardian, or the watercraft such motorboat operator | 18 | | is in possession of a Boating Safety
Certificate issued by the | 19 | | Department of Natural Resources,
Division of Law Enforcement, | 20 | | authorizing the holder to operate watercrafts motorboats . | 21 | | Beginning on January 1, 2015, persons at least 12 years and | 22 | | less than 18 years of age may operate a watercraft only if the | 23 | | person meets the requirements of subsection (a) or is under the | 24 | | direct on-board supervision of a parent or guardian who meets | 25 | | the requirements of subsection (a) or a person at least 18 | 26 | | years of age who meets the requirements of subsection (a) and |
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| 1 | | is designated by a parent or guardian.
| 2 | | (e) Beginning January 1, 2015, the owner of a watercraft or | 3 | | a person given supervisory authority over a watercraft shall | 4 | | not permit a watercraft to be operated by a person not | 5 | | possessing a valid Boating Safety Certificate as required by | 6 | | this Section. | 7 | | (f) Violations. | 8 | | (1) A person who is operating a watercraft and is | 9 | | required to have a valid Boating Safety Certificate under | 10 | | the provisions of this Section shall present the | 11 | | certificate to a law enforcement officer upon request. | 12 | | Failure of the person to present the certificate upon | 13 | | request is a petty offense. | 14 | | (2) A person who provides false or fictitious | 15 | | information in an application for a Boating Safety | 16 | | Certificate; or who alters, forges, counterfeits, or | 17 | | falsifies a Boating Safety Certificate; or who possesses a | 18 | | Boating Safety Certificate that has been altered, forged, | 19 | | counterfeited, or falsified is guilty of a Class A | 20 | | misdemeanor. | 21 | | (3) A person who loans or permits their Boating Safety | 22 | | Certificate to be used by another person; or who operates a | 23 | | motorboat using a Boating Safety Certificate that has not | 24 | | been issued to that person is guilty of a Class A | 25 | | misdemeanor. | 26 | | (4) Violations of this Section done with the knowledge |
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| 1 | | of a parent or guardian
shall be deemed a violation by the | 2 | | parent or guardian and punishable
under Section 11A-1.
| 3 | | (g) The Department of Natural Resources , Division of Law
| 4 | | Enforcement, shall
establish a program of instruction on | 5 | | boating safety, laws, regulations and
administrative laws, and | 6 | | any other subject matter which might be related to
the subject | 7 | | of general boat safety. The program shall be conducted by
| 8 | | instructors certified by the Department of Natural Resources , | 9 | | Division of Law
Enforcement . The course of instruction for | 10 | | persons certified to teach
boating safety shall be not less | 11 | | than 8 hours in length, and the Department
shall have the | 12 | | authority to revoke the certification of any instructor who
has | 13 | | demonstrated his inability to conduct courses on the subject | 14 | | matter.
Students satisfactorily completing a program of not | 15 | | less than 8 hours in
length shall receive a certificate of | 16 | | safety from the Department of
Natural Resources , Division of | 17 | | Law Enforcement . The
Department may cooperate
with schools, | 18 | | private clubs and other organizations in offering boating
| 19 | | safety courses throughout the State of Illinois.
| 20 | | The Department shall issue certificates of boating safety | 21 | | to persons 10
years of age or older successfully completing the | 22 | | prescribed course
of instruction and passing such tests as may | 23 | | be prescribed by the Department.
The Department may charge each | 24 | | person who enrolls in a course of instruction
a fee not to | 25 | | exceed $5. If a fee is authorized by the Department, the
| 26 | | Department shall authorize instructors conducting such courses |
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| 1 | | meeting
standards established by it to charge for the rental of | 2 | | facilities or for
the cost of materials utilized in the course. | 3 | | Fees retained by the
Department shall be utilized to defray a | 4 | | part of its expenses to operate
the safety and accident | 5 | | reporting programs of the Department.
| 6 | | (h) A Boating Safety Certificate is not required by: | 7 | | (1) a person who possesses a valid United States Coast | 8 | | Guard commercial vessel operator's license; | 9 | | (2) a person employed by the United States, this State, | 10 | | another state, or a subdivision thereof while in | 11 | | performance of their official duties; or | 12 | | (3) a A person over the age of 12 years who holds a | 13 | | valid certificate issued by
another state, a province of | 14 | | the Dominion of
Canada, the United States Coast Guard | 15 | | Auxiliary or the United States
Power Squadron need not | 16 | | obtain a certificate from the Department if the
course | 17 | | content of the program in such other state, province or | 18 | | organization
substantially meets that established by the | 19 | | Department under this Section.
A certificate issued by the | 20 | | Department or by another state, province of the
Dominion of | 21 | | Canada or approved organization shall not constitute an
| 22 | | operator's license, but shall certify only that the student | 23 | | has
successfully passed a course in boating safety | 24 | | instruction.
| 25 | | (i) The Department of Natural Resources may adopt rules | 26 | | necessary to , Division of Law
Enforcement, shall implement and |
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| 1 | | enforce the provisions of this Section.
| 2 | | (Source: P.A. 91-357, eff. 7-29-99.)".
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