Rep. Robert W. Pritchard

Filed: 4/2/2015





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2    AMENDMENT NO. ______. Amend House Bill 3126 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Boat Registration and Safety Act is amended
5by changing Section 5-18 as follows:
6    (625 ILCS 45/5-18)  (from Ch. 95 1/2, par. 315-13)
7    Sec. 5-18. (a) Beginning on January 1, 2016, no person born
8on or after January 1, 1998, unless exempted by subsection (i),
9shall operate a motorboat with over 10 horse power unless that
10person has a valid Boating Safety Certificate issued by the
11Department of Natural Resources or an entity or organization
12recognized and approved by the Department.
13    (b) No person under 10 years of age may operate a
15    (c) Prior to January 1, 2016, persons at least 10 years of
16age and less than 12 years of age may operate a motorboat with



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1over 10 horse power only if they are accompanied on the
2motorboat and under the direct control of a parent or guardian
3or a person at least 18 years of age designated by a parent or
4guardian. Beginning on January 1, 2016, persons at least 10
5years of age and less than 12 years of age may operate a
6motorboat with over 10 horse power only if the person is under
7the direct on-board supervision of a parent or guardian who
8meets the requirements of subsection (a) or a person at least
918 years of age who meets the requirements of subsection (a)
10and is designated by a parent or guardian.
11    (d) Prior to January 1, 2016, persons at least 12 years of
12age and less than 18 years of age may operate a motorboat with
13over 10 horse power only if they are accompanied on the
14motorboat and under the direct control of a parent or guardian
15or a person at least 18 years of age designated by a parent or
16guardian, or the motorboat operator is in possession of a
17Boating Safety Certificate issued by the Department of Natural
18Resources, Division of Law Enforcement, authorizing the holder
19to operate motorboats. Beginning on January 1, 2016, persons at
20least 12 years and less than 18 years of age may operate a
21motorboat with over 10 horse power only if the person meets the
22requirements of subsection (a) or is under the direct on-board
23supervision of a parent or guardian who meets the requirements
24of subsection (a) or a person at least 18 years of age who
25meets the requirements of subsection (a) and is designated by a
26parent or guardian.



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1    (e) Beginning January 1, 2016, the owner of a motorboat or
2a person given supervisory authority over a motorboat shall not
3permit a motorboat with over 10 horse power to be operated by a
4person who does not meet the Boating Safety Certificate
5requirements of this Section.
6    (f) Licensed boat liveries shall offer abbreviated
7operating and safety instruction covering core boat safety
8rules to all renters, unless the renter can demonstrate
9compliance with the Illinois Boating Safety Certificate
10requirements of this Section, or is exempt under subsection (i)
11of this Section. A person who completes abbreviated operating
12and safety instruction may operate a motorboat rented from the
13livery providing the abbreviated operating and safety
14instruction without having a Boating Safety Certificate for up
15to one year from the date of instruction. The Department shall
16adopt rules to implement this subsection.
17    (g) Violations.
18        (1) A person who is operating a motorboat with over 10
19    horse power and is required to have a valid Boating Safety
20    Certificate under the provisions of this Section shall
21    present the certificate to a law enforcement officer upon
22    request. Failure of the person to present the certificate
23    upon request is a petty offense.
24        (2) A person who provides false or fictitious
25    information in an application for a Boating Safety
26    Certificate; or who alters, forges, counterfeits, or



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1    falsifies a Boating Safety Certificate; or who possesses a
2    Boating Safety Certificate that has been altered, forged,
3    counterfeited, or falsified is guilty of a Class A
4    misdemeanor.
5        (3) A person who loans or permits his or her their
6    Boating Safety Certificate to be used by another person; or
7    who operates a motorboat with over 10 horse power using a
8    Boating Safety Certificate that has not been issued to that
9    person is guilty of a Class A misdemeanor.
10        (4) A violation Violations of this Section done with
11    the knowledge of a parent or guardian shall be deemed a
12    violation by the parent or guardian and punishable under
13    Section 11A-1.
14    (h) The Department of Natural Resources shall establish a
15program of instruction on boating safety, laws, regulations and
16administrative laws, and any other subject matter which might
17be related to the subject of general boat safety. The program
18shall be conducted by instructors certified by the Department
19of Natural Resources. The course of instruction for persons
20certified to teach boating safety shall be not less than 8
21hours in length, and the Department shall have the authority to
22revoke the certification of any instructor who has demonstrated
23his inability to conduct courses on the subject matter. The
24Department of Natural Resources shall develop and provide a
25method for students to complete the program online. Students
26satisfactorily completing a program of not less than 8 hours in



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1length shall receive a certificate of safety from the
2Department of Natural Resources. The Department may cooperate
3with schools, online vendors, private clubs and other
4organizations in offering boating safety courses throughout
5the State of Illinois.
6    The Department shall issue certificates of boating safety
7to persons 10 years of age or older successfully completing the
8prescribed course of instruction and passing such tests as may
9be prescribed by the Department. The Department may charge each
10person who enrolls in a course of instruction a fee not to
11exceed $5. If a fee is authorized by the Department, the
12Department shall authorize instructors conducting such courses
13meeting standards established by it to charge for the rental of
14facilities or for the cost of materials utilized in the course.
15Fees retained by the Department shall be utilized to defray a
16part of its expenses to operate the safety and accident
17reporting programs of the Department.
18    (i) A Boating Safety Certificate is not required by:
19        (1) a person who possesses a valid United States Coast
20    Guard commercial vessel operator's license or a marine
21    certificate issued by the Canadian government;
22        (2) a person employed by the United States, this State,
23    another state, or a subdivision thereof while in
24    performance of his or her official duties;
25        (3) a person who is not a resident, is temporarily
26    using the waters of this State for a period not to exceed



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1    90 days, and meets any applicable boating safety education
2    requirements of his or her state of residency or possesses
3    a Canadian Pleasure Craft Operator's Card;
4        (4) a person who is a resident of this State who has
5    met the applicable boating safety education requirements
6    of another state or possesses a Canadian Pleasure Craft
7    Operator's Card;
8        (5) a person who has assumed operation of the motorboat
9    due to the illness or physical impairment of the operator,
10    and is returning the motorboat or personal watercraft to
11    shore in order to provide assistance or care for that
12    operator;
13        (6) a person who is registered as a commercial
14    fisherman or a person who is under the onboard direct
15    supervision of the commercial fisherman while operating
16    the commercial fisherman's vessel;
17        (7) a person who is serving or has qualified as a
18    surface warfare officer or enlisted surface warfare
19    specialist in the United States Navy;
20        (8) a person who has assumed operation of the motorboat
21    for the purpose of completing a watercraft safety course
22    approved by the Department, the U.S. Coast Guard, or the
23    National Association of State Boating Law Administrators;
24        (9) a person using only an electric motor to propel the
25    motorboat;
26        (10) a person operating a motorboat on private



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1    property; or
2        (11) a person over the age of 12 years who holds a
3    valid certificate issued by another state, a province of
4    the Dominion of Canada, the United States Coast Guard
5    Auxiliary or the United States Power Squadron need not
6    obtain a certificate from the Department if the course
7    content of the program in such other state, province or
8    organization substantially meets that established by the
9    Department under this Section. A certificate issued by the
10    Department or by another state, province of the Dominion of
11    Canada or approved organization shall not constitute an
12    operator's license, but shall certify only that the student
13    has successfully passed a course in boating safety
14    instruction; or .
15        (12) a person who is temporarily using the waters of
16    this State for the purpose of participating in a boat
17    racing event sanctioned by the Department of Natural
18    Resources or authorized federal agency. The organizer or
19    holder of the sanctioned event shall possess liability
20    insurance for property damage and personal injury or death
21    with a minimum benefit of $1,000,000 that shall remain in
22    effect through the entirety of the event.
23    (j) The Department of Natural Resources shall adopt rules
24necessary to implement this Section. The Department of Natural
25Resources shall consult and coordinate with the boating public,
26professional organizations for recreational boating safety,



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1and the boating retail, leasing, and dealer business community
2in the adoption of these rules.
3(Source: P.A. 98-698, eff. 1-1-15; revised 12-10-14.)
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".