Full Text of SB3433 98th General Assembly
SB3433enr 98TH GENERAL ASSEMBLY |
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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 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, 2016, no person born on or | 9 | | after January 1, 1998, unless exempted by subsection (i), shall | 10 | | operate a motorboat with over 10 horse power unless that person | 11 | | has a valid Boating Safety Certificate issued by the Department | 12 | | of Natural Resources or an entity or organization recognized | 13 | | and approved by the Department. | 14 | | (b) No person under 10 years of age may operate a
| 15 | | motorboat. | 16 | | (c) Prior to January 1, 2016, persons Persons at least 10 | 17 | | years of age and less than 12 years of age
may operate a | 18 | | motorboat with over 10 horse power only if they are accompanied | 19 | | on the motorboat and
under the direct control of a parent or | 20 | | guardian or a person at least 18
years of age designated by a | 21 | | parent or guardian. Beginning on January 1, 2016, persons at | 22 | | least 10 years of age and less than 12 years of age may operate | 23 | | a motorboat with over 10 horse power only if the person is |
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| 1 | | under the direct on-board supervision of a parent or guardian | 2 | | who meets the requirements of subsection (a) or a person at | 3 | | least 18 years of age who meets the requirements of subsection | 4 | | (a) and is designated by a parent or guardian. | 5 | | (d) Prior to January 1, 2016, persons Persons at least 12 | 6 | | years
of age and less than 18 years of age may operate a | 7 | | motorboat with over 10 horse power only if they
are accompanied | 8 | | on the motorboat and under the direct control of a parent
or | 9 | | guardian or a person at least 18 years of age designated by a | 10 | | parent or
guardian, or the such motorboat operator is in | 11 | | possession of a Boating Safety
Certificate issued by the | 12 | | Department of Natural Resources,
Division of Law Enforcement, | 13 | | authorizing the holder to operate motorboats. Beginning on | 14 | | January 1, 2016, persons at least 12 years and less than 18 | 15 | | years of age may operate a motorboat with over 10 horse power | 16 | | only if the person meets the requirements of subsection (a) or | 17 | | is under the direct on-board supervision of a parent or | 18 | | guardian who meets the requirements of subsection (a) or a | 19 | | person at least 18 years of age who meets the requirements of | 20 | | subsection (a) and is designated by a parent or guardian.
| 21 | | (e) Beginning January 1, 2016, the owner of a motorboat or | 22 | | a person given supervisory authority over a motorboat shall not | 23 | | permit a motorboat with over 10 horse power to be operated by a | 24 | | person who does not meet the Boating Safety Certificate | 25 | | requirements of this Section. | 26 | | (f) Licensed boat liveries shall offer abbreviated |
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| 1 | | operating and safety instruction covering core boat safety | 2 | | rules to all renters, unless the renter can demonstrate | 3 | | compliance with the Illinois Boating Safety Certificate | 4 | | requirements of this Section, or is exempt under subsection (i) | 5 | | of this Section. A person who completes abbreviated operating | 6 | | and safety instruction may operate a motorboat rented from the | 7 | | livery providing the abbreviated operating and safety | 8 | | instruction without having a Boating Safety Certificate for up | 9 | | to one year from the date of instruction. The Department shall | 10 | | adopt rules to implement this subsection. | 11 | | (g) Violations. | 12 | | (1) A person who is operating a motorboat with over 10 | 13 | | horse power and is required to have a valid Boating Safety | 14 | | Certificate under the provisions of this Section shall | 15 | | present the certificate to a law enforcement officer upon | 16 | | request. Failure of the person to present the certificate | 17 | | upon request is a petty offense. | 18 | | (2) A person who provides false or fictitious | 19 | | information in an application for a Boating Safety | 20 | | Certificate; or who alters, forges, counterfeits, or | 21 | | falsifies a Boating Safety Certificate; or who possesses a | 22 | | Boating Safety Certificate that has been altered, forged, | 23 | | counterfeited, or falsified is guilty of a Class A | 24 | | misdemeanor. | 25 | | (3) A person who loans or permits their Boating Safety | 26 | | Certificate to be used by another person; or who operates a |
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| 1 | | motorboat with over 10 horse power using a Boating Safety | 2 | | Certificate that has not been issued to that person is | 3 | | guilty of a Class A misdemeanor. | 4 | | (4) Violations of this Section done with the knowledge | 5 | | of a parent or guardian
shall be deemed a violation by the | 6 | | parent or guardian and punishable
under Section 11A-1.
| 7 | | (h) The Department of Natural Resources , Division of Law
| 8 | | Enforcement, shall
establish a program of instruction on | 9 | | boating safety, laws, regulations and
administrative laws, and | 10 | | any other subject matter which might be related to
the subject | 11 | | of general boat safety. The program shall be conducted by
| 12 | | instructors certified by the Department of Natural Resources , | 13 | | Division of Law
Enforcement . The course of instruction for | 14 | | persons certified to teach
boating safety shall be not less | 15 | | than 8 hours in length, and the Department
shall have the | 16 | | authority to revoke the certification of any instructor who
has | 17 | | demonstrated his inability to conduct courses on the subject | 18 | | matter.
The Department of Natural Resources shall develop and | 19 | | provide a method for students to complete the program online. | 20 | | Students satisfactorily completing a program of not less than 8 | 21 | | hours in
length shall receive a certificate of safety from the | 22 | | Department of
Natural Resources , Division of Law Enforcement . | 23 | | The
Department may cooperate
with schools, online vendors, | 24 | | private clubs and other organizations in offering boating
| 25 | | safety courses throughout the State of Illinois.
| 26 | | The Department shall issue certificates of boating safety |
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| 1 | | to persons 10
years of age or older successfully completing the | 2 | | prescribed course
of instruction and passing such tests as may | 3 | | be prescribed by the Department.
The Department may charge each | 4 | | person who enrolls in a course of instruction
a fee not to | 5 | | exceed $5. If a fee is authorized by the Department, the
| 6 | | Department shall authorize instructors conducting such courses | 7 | | meeting
standards established by it to charge for the rental of | 8 | | facilities or for
the cost of materials utilized in the course. | 9 | | Fees retained by the
Department shall be utilized to defray a | 10 | | part of its expenses to operate
the safety and accident | 11 | | reporting programs of the Department.
| 12 | | (i) A Boating Safety Certificate is not required by: | 13 | | (1) a person who possesses a valid United States Coast | 14 | | Guard commercial vessel operator's license or a marine | 15 | | certificate issued by the Canadian government; | 16 | | (2) a person employed by the United States, this State, | 17 | | another state, or a subdivision thereof while in | 18 | | performance of his or her official duties; | 19 | | (3) a person who is not a resident, is temporarily | 20 | | using the waters of this State for a period not to exceed | 21 | | 90 days, and meets any applicable boating safety education | 22 | | requirements of his or her state of residency or possesses | 23 | | a Canadian Pleasure Craft Operator's Card; | 24 | | (4) a person who is a resident of this State who has | 25 | | met the applicable boating safety education requirements | 26 | | of another state or possesses a Canadian Pleasure Craft |
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| 1 | | Operator's Card; | 2 | | (5) a person who has assumed operation of the motorboat | 3 | | due to the illness or physical impairment of the operator, | 4 | | and is returning the motorboat or personal watercraft to | 5 | | shore in order to provide assistance or care for that | 6 | | operator; | 7 | | (6) a person who is registered as a commercial | 8 | | fisherman or a person who is under the onboard direct | 9 | | supervision of the commercial fisherman while operating | 10 | | the commercial fisherman's vessel; | 11 | | (7) a person who is serving or has qualified as a | 12 | | surface warfare officer or enlisted surface warfare | 13 | | specialist in the United States Navy; | 14 | | (8) a person who has assumed operation of the motorboat | 15 | | for the purpose of completing a watercraft safety course | 16 | | approved by the Department, the U.S. Coast Guard, or the | 17 | | National Association of State Boating Law Administrators; | 18 | | (9) a person using only an electric motor to propel the | 19 | | motorboat; | 20 | | (10) a person operating a motorboat on private | 21 | | property; or | 22 | | (11) a A person over the age of 12 years who holds a | 23 | | valid certificate issued by
another state, a province of | 24 | | the Dominion of
Canada, the United States Coast Guard | 25 | | Auxiliary or the United States
Power Squadron need not | 26 | | obtain a certificate from the Department if the
course |
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| 1 | | content of the program in such other state, province or | 2 | | organization
substantially meets that established by the | 3 | | Department under this Section.
A certificate issued by the | 4 | | Department or by another state, province of the
Dominion of | 5 | | Canada or approved organization shall not constitute an
| 6 | | operator's license, but shall certify only that the student | 7 | | has
successfully passed a course in boating safety | 8 | | instruction.
| 9 | | (j) The Department of Natural Resources , Division of Law
| 10 | | Enforcement, shall adopt rules necessary to implement and | 11 | | enforce the provisions of this Section. The Department of | 12 | | Natural Resources shall consult and coordinate with the boating | 13 | | public, professional organizations for recreational boating | 14 | | safety, and the boating retail, leasing, and dealer business | 15 | | community in the adoption of these rules.
| 16 | | (Source: P.A. 91-357, eff. 7-29-99.)
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