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Public Act 098-0698 |
SB3433 Enrolled | LRB098 20183 MLW 55514 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 |
by changing Section 5-18 as follows:
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(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
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Sec. 5-18.
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(a) Beginning on January 1, 2016, no person born on or |
after January 1, 1998, unless exempted by subsection (i), shall |
operate a motorboat with over 10 horse power unless that person |
has a valid Boating Safety Certificate issued by the Department |
of Natural Resources or an entity or organization recognized |
and approved by the Department. |
(b) No person under 10 years of age may operate a
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motorboat. |
(c) Prior to January 1, 2016, persons Persons at least 10 |
years of age and less than 12 years of age
may operate a |
motorboat with over 10 horse power only if they are accompanied |
on the motorboat and
under the direct control of a parent or |
guardian or a person at least 18
years of age designated by a |
parent or guardian. Beginning on January 1, 2016, persons at |
least 10 years of age and less than 12 years of age may operate |
a motorboat with over 10 horse power only if the person is |
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under the direct on-board supervision of a parent or guardian |
who meets the requirements of subsection (a) or a person at |
least 18 years of age who meets the requirements of subsection |
(a) and is designated by a parent or guardian. |
(d) Prior to January 1, 2016, persons Persons at least 12 |
years
of age and less than 18 years of age may operate a |
motorboat with over 10 horse power only if they
are accompanied |
on the motorboat and under the direct control of a parent
or |
guardian or a person at least 18 years of age designated by a |
parent or
guardian, or the such motorboat operator is in |
possession of a Boating Safety
Certificate issued by the |
Department of Natural Resources,
Division of Law Enforcement, |
authorizing the holder to operate motorboats. Beginning on |
January 1, 2016, persons at least 12 years and less than 18 |
years of age may operate a motorboat with over 10 horse power |
only if the person meets the requirements of subsection (a) or |
is under the direct on-board supervision of a parent or |
guardian who meets the requirements of subsection (a) or a |
person at least 18 years of age who meets the requirements of |
subsection (a) and is designated by a parent or guardian.
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(e) Beginning January 1, 2016, the owner of a motorboat or |
a person given supervisory authority over a motorboat shall not |
permit a motorboat with over 10 horse power to be operated by a |
person who does not meet the Boating Safety Certificate |
requirements of this Section. |
(f) Licensed boat liveries shall offer abbreviated |
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operating and safety instruction covering core boat safety |
rules to all renters, unless the renter can demonstrate |
compliance with the Illinois Boating Safety Certificate |
requirements of this Section, or is exempt under subsection (i) |
of this Section. A person who completes abbreviated operating |
and safety instruction may operate a motorboat rented from the |
livery providing the abbreviated operating and safety |
instruction without having a Boating Safety Certificate for up |
to one year from the date of instruction. The Department shall |
adopt rules to implement this subsection. |
(g) Violations. |
(1) A person who is operating a motorboat with over 10 |
horse power and is required to have a valid Boating Safety |
Certificate under the provisions of this Section shall |
present the certificate to a law enforcement officer upon |
request. Failure of the person to present the certificate |
upon request is a petty offense. |
(2) A person who provides false or fictitious |
information in an application for a Boating Safety |
Certificate; or who alters, forges, counterfeits, or |
falsifies a Boating Safety Certificate; or who possesses a |
Boating Safety Certificate that has been altered, forged, |
counterfeited, or falsified is guilty of a Class A |
misdemeanor. |
(3) A person who loans or permits their Boating Safety |
Certificate to be used by another person; or who operates a |
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motorboat with over 10 horse power using a Boating Safety |
Certificate that has not been issued to that person is |
guilty of a Class A misdemeanor. |
(4) Violations of this Section done with the knowledge |
of a parent or guardian
shall be deemed a violation by the |
parent or guardian and punishable
under Section 11A-1.
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(h) The Department of Natural Resources , Division of Law
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Enforcement, shall
establish a program of instruction on |
boating safety, laws, regulations and
administrative laws, and |
any other subject matter which might be related to
the subject |
of general boat safety. The program shall be conducted by
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instructors certified by the Department of Natural Resources , |
Division of Law
Enforcement . The course of instruction for |
persons certified to teach
boating safety shall be not less |
than 8 hours in length, and the Department
shall have the |
authority to revoke the certification of any instructor who
has |
demonstrated his inability to conduct courses on the subject |
matter.
The Department of Natural Resources shall develop and |
provide a method for students to complete the program online. |
Students satisfactorily completing a program of not less than 8 |
hours in
length shall receive a certificate of safety from the |
Department of
Natural Resources , Division of Law Enforcement . |
The
Department may cooperate
with schools, online vendors, |
private clubs and other organizations in offering boating
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safety courses throughout the State of Illinois.
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The Department shall issue certificates of boating safety |
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to persons 10
years of age or older successfully completing the |
prescribed course
of instruction and passing such tests as may |
be prescribed by the Department.
The Department may charge each |
person who enrolls in a course of instruction
a fee not to |
exceed $5. If a fee is authorized by the Department, the
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Department shall authorize instructors conducting such courses |
meeting
standards established by it to charge for the rental of |
facilities or for
the cost of materials utilized in the course. |
Fees retained by the
Department shall be utilized to defray a |
part of its expenses to operate
the safety and accident |
reporting programs of the Department.
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(i) A Boating Safety Certificate is not required by: |
(1) a person who possesses a valid United States Coast |
Guard commercial vessel operator's license or a marine |
certificate issued by the Canadian government; |
(2) a person employed by the United States, this State, |
another state, or a subdivision thereof while in |
performance of his or her official duties; |
(3) a person who is not a resident, is temporarily |
using the waters of this State for a period not to exceed |
90 days, and meets any applicable boating safety education |
requirements of his or her state of residency or possesses |
a Canadian Pleasure Craft Operator's Card; |
(4) a person who is a resident of this State who has |
met the applicable boating safety education requirements |
of another state or possesses a Canadian Pleasure Craft |
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Operator's Card; |
(5) a person who has assumed operation of the motorboat |
due to the illness or physical impairment of the operator, |
and is returning the motorboat or personal watercraft to |
shore in order to provide assistance or care for that |
operator; |
(6) a person who is registered as a commercial |
fisherman or a person who is under the onboard direct |
supervision of the commercial fisherman while operating |
the commercial fisherman's vessel; |
(7) a person who is serving or has qualified as a |
surface warfare officer or enlisted surface warfare |
specialist in the United States Navy; |
(8) a person who has assumed operation of the motorboat |
for the purpose of completing a watercraft safety course |
approved by the Department, the U.S. Coast Guard, or the |
National Association of State Boating Law Administrators; |
(9) a person using only an electric motor to propel the |
motorboat; |
(10) a person operating a motorboat on private |
property; or |
(11) a A person over the age of 12 years who holds a |
valid certificate issued by
another state, a province of |
the Dominion of
Canada, the United States Coast Guard |
Auxiliary or the United States
Power Squadron need not |
obtain a certificate from the Department if the
course |
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content of the program in such other state, province or |
organization
substantially meets that established by the |
Department under this Section.
A certificate issued by the |
Department or by another state, province of the
Dominion of |
Canada or approved organization shall not constitute an
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operator's license, but shall certify only that the student |
has
successfully passed a course in boating safety |
instruction.
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(j) The Department of Natural Resources , Division of Law
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Enforcement, shall adopt rules necessary to implement and |
enforce the provisions of this Section. The Department of |
Natural Resources shall consult and coordinate with the boating |
public, professional organizations for recreational boating |
safety, and the boating retail, leasing, and dealer business |
community in the adoption of these rules.
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(Source: P.A. 91-357, eff. 7-29-99.)
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