HB3126 EngrossedLRB099 07364 RJF 27478 b

1    AN ACT concerning transportation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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
17over 10 horse power only if they are accompanied on the
18motorboat and under the direct control of a parent or guardian
19or a person at least 18 years of age designated by a parent or
20guardian. Beginning on January 1, 2016, persons at least 10
21years of age and less than 12 years of age may operate a
22motorboat with over 10 horse power only if the person is under
23the direct on-board supervision of a parent or guardian who



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1meets the requirements of subsection (a) or a person at least
218 years of age who meets the requirements of subsection (a)
3and is designated by a parent or guardian.
4    (d) Prior to January 1, 2016, persons at least 12 years of
5age and less than 18 years of age may operate a motorboat with
6over 10 horse power only if they are accompanied on the
7motorboat and under the direct control of a parent or guardian
8or a person at least 18 years of age designated by a parent or
9guardian, or the motorboat operator is in possession of a
10Boating Safety Certificate issued by the Department of Natural
11Resources, Division of Law Enforcement, authorizing the holder
12to operate motorboats. Beginning on January 1, 2016, persons at
13least 12 years and less than 18 years of age may operate a
14motorboat with over 10 horse power only if the person meets the
15requirements of subsection (a) or is under the direct on-board
16supervision of a parent or guardian who meets the requirements
17of subsection (a) or a person at least 18 years of age who
18meets the requirements of subsection (a) and is designated by a
19parent or guardian.
20    (e) Beginning January 1, 2016, the owner of a motorboat or
21a person given supervisory authority over a motorboat shall not
22permit a motorboat with over 10 horse power to be operated by a
23person who does not meet the Boating Safety Certificate
24requirements of this Section.
25    (f) Licensed boat liveries shall offer abbreviated
26operating and safety instruction covering core boat safety



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1rules to all renters, unless the renter can demonstrate
2compliance with the Illinois Boating Safety Certificate
3requirements of this Section, or is exempt under subsection (i)
4of this Section. A person who completes abbreviated operating
5and safety instruction may operate a motorboat rented from the
6livery providing the abbreviated operating and safety
7instruction without having a Boating Safety Certificate for up
8to one year from the date of instruction. The Department shall
9adopt rules to implement this subsection.
10    (g) Violations.
11        (1) A person who is operating a motorboat with over 10
12    horse power and is required to have a valid Boating Safety
13    Certificate under the provisions of this Section shall
14    present the certificate to a law enforcement officer upon
15    request. Failure of the person to present the certificate
16    upon request is a petty offense.
17        (2) A person who provides false or fictitious
18    information in an application for a Boating Safety
19    Certificate; or who alters, forges, counterfeits, or
20    falsifies a Boating Safety Certificate; or who possesses a
21    Boating Safety Certificate that has been altered, forged,
22    counterfeited, or falsified is guilty of a Class A
23    misdemeanor.
24        (3) A person who loans or permits his or her their
25    Boating Safety Certificate to be used by another person; or
26    who operates a motorboat with over 10 horse power using a



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1    Boating Safety Certificate that has not been issued to that
2    person is guilty of a Class A misdemeanor.
3        (4) A violation Violations of this Section done with
4    the knowledge of a parent or guardian shall be deemed a
5    violation by the parent or guardian and punishable under
6    Section 11A-1.
7    (h) The Department of Natural Resources shall establish a
8program of instruction on boating safety, laws, regulations and
9administrative laws, and any other subject matter which might
10be related to the subject of general boat safety. The program
11shall be conducted by instructors certified by the Department
12of Natural Resources. The course of instruction for persons
13certified to teach boating safety shall be not less than 8
14hours in length, and the Department shall have the authority to
15revoke the certification of any instructor who has demonstrated
16his inability to conduct courses on the subject matter. The
17Department of Natural Resources shall develop and provide a
18method for students to complete the program online. Students
19satisfactorily completing a program of not less than 8 hours in
20length shall receive a certificate of safety from the
21Department of Natural Resources. The Department may cooperate
22with schools, online vendors, private clubs and other
23organizations in offering boating safety courses throughout
24the State of Illinois.
25    The Department shall issue certificates of boating safety
26to persons 10 years of age or older successfully completing the



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1prescribed course of instruction and passing such tests as may
2be prescribed by the Department. The Department may charge each
3person who enrolls in a course of instruction a fee not to
4exceed $5. If a fee is authorized by the Department, the
5Department shall authorize instructors conducting such courses
6meeting standards established by it to charge for the rental of
7facilities or for the cost of materials utilized in the course.
8Fees retained by the Department shall be utilized to defray a
9part of its expenses to operate the safety and accident
10reporting programs of the Department.
11    (i) A Boating Safety Certificate is not required by:
12        (1) a person who possesses a valid United States Coast
13    Guard commercial vessel operator's license or a marine
14    certificate issued by the Canadian government;
15        (2) a person employed by the United States, this State,
16    another state, or a subdivision thereof while in
17    performance of his or her official duties;
18        (3) a person who is not a resident, is temporarily
19    using the waters of this State for a period not to exceed
20    90 days, and meets any applicable boating safety education
21    requirements of his or her state of residency or possesses
22    a Canadian Pleasure Craft Operator's Card;
23        (4) a person who is a resident of this State who has
24    met the applicable boating safety education requirements
25    of another state or possesses a Canadian Pleasure Craft
26    Operator's Card;



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1        (5) a person who has assumed operation of the motorboat
2    due to the illness or physical impairment of the operator,
3    and is returning the motorboat or personal watercraft to
4    shore in order to provide assistance or care for that
5    operator;
6        (6) a person who is registered as a commercial
7    fisherman or a person who is under the onboard direct
8    supervision of the commercial fisherman while operating
9    the commercial fisherman's vessel;
10        (7) a person who is serving or has qualified as a
11    surface warfare officer or enlisted surface warfare
12    specialist in the United States Navy;
13        (8) a person who has assumed operation of the motorboat
14    for the purpose of completing a watercraft safety course
15    approved by the Department, the U.S. Coast Guard, or the
16    National Association of State Boating Law Administrators;
17        (9) a person using only an electric motor to propel the
18    motorboat;
19        (10) a person operating a motorboat on private
20    property; or
21        (11) a person over the age of 12 years who holds a
22    valid certificate issued by another state, a province of
23    the Dominion of Canada, the United States Coast Guard
24    Auxiliary or the United States Power Squadron need not
25    obtain a certificate from the Department if the course
26    content of the program in such other state, province or



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1    organization substantially meets that established by the
2    Department under this Section. A certificate issued by the
3    Department or by another state, province of the Dominion of
4    Canada or approved organization shall not constitute an
5    operator's license, but shall certify only that the student
6    has successfully passed a course in boating safety
7    instruction; or .
8        (12) a person who is temporarily using the waters of
9    this State for the purpose of participating in a boat
10    racing event sanctioned by the Department of Natural
11    Resources or authorized federal agency. The organizer or
12    holder of the sanctioned event shall possess liability
13    insurance for property damage and personal injury or death
14    with a minimum benefit of $1,000,000 that shall remain in
15    effect through the entirety of the event.
16    (j) The Department of Natural Resources shall adopt rules
17necessary to implement this Section. The Department of Natural
18Resources shall consult and coordinate with the boating public,
19professional organizations for recreational boating safety,
20and the boating retail, leasing, and dealer business community
21in the adoption of these rules.
22(Source: P.A. 98-698, eff. 1-1-15; revised 12-10-14.)
23    Section 99. Effective date. This Act takes effect upon
24becoming law.