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Sen. Julie A. Morrison
Filed: 3/12/2013
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1 | | AMENDMENT TO SENATE BILL 1478
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1478 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Boat Registration and Safety Act is amended |
5 | | by changing Section 5-18 as follows:
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6 | | (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
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7 | | Sec. 5-18.
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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
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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
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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.
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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.
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3 | | (g) The Department of Natural Resources , Division of Law
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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
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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
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19 | | safety courses throughout the State of Illinois.
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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
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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.
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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
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22 | | operator's license, but shall certify only that the student |
23 | | has
successfully passed a course in boating safety |
24 | | instruction.
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25 | | (i) The Department of Natural Resources may adopt rules |
26 | | necessary to , Division of Law
Enforcement, shall implement and |