Full Text of SB3433 98th General Assembly
SB3433sam001 98TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 3/21/2014
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| 1 | | AMENDMENT TO SENATE BILL 3433
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3433 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. Boating safety requirements. | 8 | | (a) No person shall operate a motorboat or personal | 9 | | watercraft on the waters of this State unless the operator | 10 | | meets one of the following boating safety requirements: | 11 | | (1) possesses a valid Boating Safety Certificate | 12 | | issued by the Department under subsection (e) of this | 13 | | Section; | 14 | | (2) possesses a valid license to operate a vessel | 15 | | issued to maritime personnel by the United States Coast | 16 | | Guard or a marine certificate issued by the Canadian |
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| 1 | | government; | 2 | | (3) possesses a rental or lease agreement from a | 3 | | motorboat or personal watercraft rental or leasing | 4 | | business, which lists the person as the authorized operator | 5 | | of the motorboat or personal watercraft; | 6 | | (4) operates the motorboat or personal watercraft | 7 | | under the onboard direct supervision of a person who meets | 8 | | the requirements of this Section; | 9 | | (5) demonstrates that he or she is not a resident, is | 10 | | temporarily using the waters of this State for a period not | 11 | | to exceed 90 days, and meets any applicable boating safety | 12 | | education requirements of his or her state of residency or | 13 | | possesses a Canadian Pleasure Craft Operator's Card; | 14 | | (6) has assumed operation of the motorboat or personal | 15 | | watercraft due to the illness or physical impairment of the | 16 | | operator, and is returning the motorboat or personal | 17 | | watercraft to shore in order to provide assistance or care | 18 | | for that operator; | 19 | | (7) is registered as a commercial fisherman or a person | 20 | | who is under the onboard direct supervision of the | 21 | | commercial fisherman while operating the commercial | 22 | | fisherman's vessel; or | 23 | | (8) possesses documentation that he or she is serving | 24 | | or has qualified as a surface warfare officer or enlisted | 25 | | surface warfare specialist in the United States Navy. | 26 | | (b) In addition to the boating safety requirements of |
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| 1 | | subsection (a) of this Section: | 2 | | (1) no No person under 10 years of age may operate a
| 3 | | motorboat ; . | 4 | | (2) persons Persons at least 10 years of age and less | 5 | | than 12 years of age
may operate a motorboat only if they | 6 | | are accompanied on the motorboat and
under the direct | 7 | | control of a parent or guardian who meets the requirements | 8 | | of subsection (a) of this Section or a person at least 18
| 9 | | years of age who meets the requirements of subsection (a) | 10 | | of this Section designated by a parent or guardian ; and . | 11 | | (3) persons Persons at least 12 years
of age and less | 12 | | than 18 years of age may operate a motorboat only if they | 13 | | are accompanied on the motorboat and under the direct | 14 | | control of a parent
or guardian who meets the requirements | 15 | | of subsection (a) of this Section or a person at least 18 | 16 | | years of age who meets the requirements of subsection (a) | 17 | | of this Section designated by a parent or
guardian, or the | 18 | | such motorboat operator is in possession of a Boating | 19 | | Safety
Certificate issued by the Department of Natural | 20 | | Resources ,
Division of Law Enforcement, authorizing the | 21 | | holder to operate motorboats.
| 22 | | Violations of this subsection Section done with the | 23 | | knowledge of a parent or guardian
shall be deemed a violation | 24 | | by the parent or guardian and punishable
under Section 11A-1.
| 25 | | (c) Any person who operates a motorboat or personal | 26 | | watercraft on the waters of this State shall, upon the request |
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| 1 | | of a law enforcement officer, present to the officer evidence | 2 | | that he or she is in compliance with the requirements of this | 3 | | Section. | 4 | | (d) The boating safety requirements of this Section shall | 5 | | apply as follows: | 6 | | (1) personal watercraft operators under 21 years of age | 7 | | shall meet the requirements on and after July 1, 2017; | 8 | | (2) personal watercraft operators at least 21 but under | 9 | | 36 years of age shall meet the requirements on and after | 10 | | July 1, 2018; | 11 | | (3) personal watercraft operators at least 36 but under | 12 | | 51 years of age shall meet the requirements on and after | 13 | | July 1, 2019; | 14 | | (4) personal watercraft operators 51 years of age or | 15 | | older shall meet the requirements on and after July 1, | 16 | | 2020; | 17 | | (5) motorboat operators under 21 years of age shall | 18 | | meet the requirements on and after July 1, 2019; | 19 | | (6) motorboat operators at least 21 but under 31 years | 20 | | of age shall meet the requirements on and after July 1, | 21 | | 2020; | 22 | | (7) motorboat operators at least 31 but under 41 years | 23 | | of age shall meet the requirements on and after July 1, | 24 | | 2021; | 25 | | (8) motorboat operators at least 41 but under 46 years | 26 | | of age shall meet the requirements on and after July 1, |
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| 1 | | 2022; | 2 | | (9) motorboat operators at least 46 but under 51 years | 3 | | of age shall meet the requirements on and after July 1, | 4 | | 2023; and | 5 | | (10) motorboat operators 51 years of age or older shall | 6 | | meet the requirements on and after July 1, 2024. | 7 | | (e) 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 that meets standards set by the National | 12 | | Association of State Boating Law Administrators . The program | 13 | | shall be conducted by
instructors certified by the Department | 14 | | of Natural Resources , Division of Law
Enforcement . The course | 15 | | of instruction for persons certified to teach
boating safety | 16 | | shall be not less than 8 hours in length, and the Department
| 17 | | shall have the authority to revoke the certification of any | 18 | | instructor who
has demonstrated his inability to conduct | 19 | | courses on the subject matter.
Students satisfactorily | 20 | | completing a program of not less than 8 hours in
length shall | 21 | | receive a Boating Safety Certificate certificate of safety from | 22 | | the Department of
Natural Resources , Division of Law | 23 | | Enforcement . The
Department may cooperate
with schools, | 24 | | private clubs , and other organizations in offering boating
| 25 | | safety courses throughout the State of Illinois. The Department | 26 | | may approve boating safety education courses offered online |
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| 1 | | through an Internet website provided these online courses meet | 2 | | standards adopted by the Department and the National | 3 | | Association of State Boating Law Administrators.
| 4 | | The Department shall issue Boating Safety Certificates | 5 | | certificates of boating safety to persons 10
years of age or | 6 | | older successfully completing the prescribed course
of | 7 | | instruction and passing such tests as may be prescribed by the | 8 | | Department.
The Department may charge each person who enrolls | 9 | | in a course of instruction
a fee not to exceed $5. If a fee is | 10 | | authorized by the Department, the
Department shall authorize | 11 | | instructors conducting the such courses meeting
standards | 12 | | established by it to charge for the rental of facilities or for
| 13 | | the cost of materials utilized in the course. Fees retained by | 14 | | the
Department shall be utilized to defray a part of its | 15 | | expenses to operate
the safety and accident reporting programs | 16 | | of the Department.
| 17 | | A person over the age of 12 years who holds a valid | 18 | | certificate issued by
another state, a province of the Dominion | 19 | | of
Canada, the United States Coast Guard Auxiliary or the | 20 | | United States
Power Squadron need not obtain a Boating Safety | 21 | | Certificate certificate from the Department if the
course | 22 | | content of the program in the such other state, province , or | 23 | | organization
substantially meets that established by the | 24 | | Department under this Section.
A Boating Safety Certificate | 25 | | certificate issued by the Department or by another state, | 26 | | province of the
Dominion of Canada , or approved organization |
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| 1 | | shall not constitute an
operator's license, but shall certify | 2 | | only that the student has
successfully passed a course in | 3 | | boating safety instruction.
| 4 | | (f) The provisions of this Section shall not apply to law | 5 | | enforcement officers while they are engaged in the performance | 6 | | of their official duties. | 7 | | (g) The Department of Natural Resources , Division of Law
| 8 | | Enforcement, shall adopt rules necessary to implement and | 9 | | enforce the provisions of this Section. The Department of | 10 | | Natural Resources shall consult and coordinate with the boating | 11 | | public, professional organizations for recreational boating | 12 | | safety, and the boating retail, leasing, and dealer business | 13 | | community in the adoption of these rules. | 14 | | (h) Any person who violates this Section shall be subject | 15 | | to a civil penalty of $100.
| 16 | | (Source: P.A. 91-357, eff. 7-29-99.)
| 17 | | Section 99. Effective date. This Act takes effect January | 18 | | 1, 2015.".
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