Full Text of HB1553 95th General Assembly
HB1553enr 95TH GENERAL ASSEMBLY
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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 | 5 |
| by adding Section 5-22 as follows: | 6 |
| (625 ILCS 45/5-22 new) | 7 |
| Sec. 5-22. Operation of watercraft upon the approach of an | 8 |
| authorized emergency watercraft. | 9 |
| (a) As used in this Section, "authorized emergency | 10 |
| watercraft" includes any watercraft operated by the Illinois | 11 |
| Department of Natural Resources Police, the Illinois | 12 |
| Department of State Police, a county sheriff, a local law | 13 |
| enforcement agency, a fire department, a provider of emergency | 14 |
| medical services, or the United States Coast Guard, equipped | 15 |
| with alternately flashing red, red and white, red and blue, or | 16 |
| red in combination with white or blue lights, while engaged in | 17 |
| official duties. Any authorized emergency watercraft must be | 18 |
| clearly emblazoned with markings identifying it as a watercraft | 19 |
| operated by the qualifying agency. | 20 |
| (b) Upon the immediate approach of an authorized emergency | 21 |
| watercraft making use of rotating or flashing visual signals | 22 |
| and lawfully making use of a visual signal, the operator of | 23 |
| every other watercraft
shall yield the right-of-way and shall |
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| immediately reduce the speed of the watercraft, so as not to | 2 |
| create a wake, and shall yield way to the emergency watercraft, | 3 |
| moving to the right to permit the safe passage of the emergency | 4 |
| watercraft, and shall stop and remain in that position until | 5 |
| the authorized emergency watercraft has passed, unless | 6 |
| otherwise directed by a police officer.
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| (c) Upon approaching a stationary authorized emergency | 8 |
| watercraft, when the
authorized emergency watercraft is giving | 9 |
| a signal by displaying rotating or alternately
flashing
red, | 10 |
| red and white, red and blue, or red in combination with white | 11 |
| or blue lights, a
person operating an approaching watercraft | 12 |
| shall proceed with due caution at no-wake speed and yield the | 13 |
| right-of-way by moving safely away from that authorized | 14 |
| emergency watercraft, proceeding with due caution at a no-wake | 15 |
| speed with due regard to safety and water conditions, | 16 |
| maintaining no-wake speed until sufficiently away from the | 17 |
| emergency watercraft so as not to create a wake that would | 18 |
| otherwise rock or otherwise disturb the authorized emergency | 19 |
| watercraft.
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| (d) This Section shall not operate to relieve the operator | 21 |
| of an
authorized emergency watercraft from the duty to operate | 22 |
| that watercraft with due regard for the
safety of all persons | 23 |
| using the waterway.
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| (e) A person who violates this Section commits a business
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| offense punishable by a fine of not less than $100 or more than | 26 |
| $10,000. It is a factor in
aggravation if the person committed |
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| the offense while in violation of Section
5-16 of this Act.
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| (f) If a violation of this Section results in damage to
the
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| property of another person, in addition to any other penalty | 4 |
| imposed,
the person's watercraft operating privileges shall be | 5 |
| suspended for a fixed
period of not less than 90 days and not | 6 |
| more than one year.
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| (g) If a violation of this Section results in injury to
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| another
person, in addition to any other penalty imposed,
the | 9 |
| person's watercraft operating privileges shall be suspended | 10 |
| for a fixed period of not
less
than 180
days and not more than 2 | 11 |
| years.
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| (h) If a violation of subsection (c) of this Section | 13 |
| results in great bodily harm or permanent disability or | 14 |
| disfigurement to, or the death of,
another person, in addition | 15 |
| to any other penalty imposed,
the person's watercraft operating | 16 |
| privileges shall be suspended for 2 years.
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| (i) The Department of Natural Resources shall, upon | 18 |
| receiving a record of a judgment
entered against a person under | 19 |
| this Section:
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| (1) suspend the person's watercraft operating | 21 |
| privileges for the mandatory period; or
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| (2) extend the period of an existing suspension by the | 23 |
| appropriate
mandatory period.
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