Full Text of HB3126 099th General Assembly
HB3126eng 99TH GENERAL ASSEMBLY |
| | HB3126 Engrossed | | LRB099 07364 RJF 27478 b |
|
| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Boat Registration and Safety Act is amended | 5 | | by 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 | 8 | | on or after January 1, 1998, unless exempted by subsection (i), | 9 | | shall operate a motorboat with over 10 horse power unless that | 10 | | person has a valid Boating Safety Certificate issued by the | 11 | | Department of Natural Resources or an entity or organization | 12 | | recognized and approved by the Department. | 13 | | (b) No person under 10 years of age may operate a
| 14 | | motorboat. | 15 | | (c) Prior to January 1, 2016, persons at least 10 years of | 16 | | age and less than 12 years of age
may operate a motorboat with | 17 | | over 10 horse power only if they are accompanied on the | 18 | | motorboat and
under the direct control of a parent or guardian | 19 | | or a person at least 18
years of age designated by a parent or | 20 | | guardian. Beginning on January 1, 2016, persons at least 10 | 21 | | years of age and less than 12 years of age may operate a | 22 | | motorboat with over 10 horse power only if the person is under | 23 | | the direct on-board supervision of a parent or guardian who |
| | | HB3126 Engrossed | - 2 - | LRB099 07364 RJF 27478 b |
|
| 1 | | meets the requirements of subsection (a) or a person at least | 2 | | 18 years of age who meets the requirements of subsection (a) | 3 | | and is designated by a parent or guardian. | 4 | | (d) Prior to January 1, 2016, persons at least 12 years
of | 5 | | age and less than 18 years of age may operate a motorboat with | 6 | | over 10 horse power only if they
are accompanied on the | 7 | | motorboat and under the direct control of a parent
or guardian | 8 | | or a person at least 18 years of age designated by a parent or
| 9 | | guardian, or the motorboat operator is in possession of a | 10 | | Boating Safety
Certificate issued by the Department of Natural | 11 | | Resources,
Division of Law Enforcement, authorizing the holder | 12 | | to operate motorboats. Beginning on January 1, 2016, persons at | 13 | | least 12 years and less than 18 years of age may operate a | 14 | | motorboat with over 10 horse power only if the person meets the | 15 | | requirements of subsection (a) or is under the direct on-board | 16 | | supervision of a parent or guardian who meets the requirements | 17 | | of subsection (a) or a person at least 18 years of age who | 18 | | meets the requirements of subsection (a) and is designated by a | 19 | | parent or guardian.
| 20 | | (e) Beginning January 1, 2016, the owner of a motorboat or | 21 | | a person given supervisory authority over a motorboat shall not | 22 | | permit a motorboat with over 10 horse power to be operated by a | 23 | | person who does not meet the Boating Safety Certificate | 24 | | requirements of this Section. | 25 | | (f) Licensed boat liveries shall offer abbreviated | 26 | | operating and safety instruction covering core boat safety |
| | | HB3126 Engrossed | - 3 - | LRB099 07364 RJF 27478 b |
|
| 1 | | rules to all renters, unless the renter can demonstrate | 2 | | compliance with the Illinois Boating Safety Certificate | 3 | | requirements of this Section, or is exempt under subsection (i) | 4 | | of this Section. A person who completes abbreviated operating | 5 | | and safety instruction may operate a motorboat rented from the | 6 | | livery providing the abbreviated operating and safety | 7 | | instruction without having a Boating Safety Certificate for up | 8 | | to one year from the date of instruction. The Department shall | 9 | | adopt 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 |
| | | HB3126 Engrossed | - 4 - | LRB099 07364 RJF 27478 b |
|
| 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 | 8 | | program of instruction on boating safety, laws, regulations and
| 9 | | administrative laws, and any other subject matter which might | 10 | | be related to
the subject of general boat safety. The program | 11 | | shall be conducted by
instructors certified by the Department | 12 | | of Natural Resources. The course of instruction for persons | 13 | | certified to teach
boating safety shall be not less than 8 | 14 | | hours in length, and the Department
shall have the authority to | 15 | | revoke the certification of any instructor who
has demonstrated | 16 | | his inability to conduct courses on the subject matter.
The | 17 | | Department of Natural Resources shall develop and provide a | 18 | | method for students to complete the program online. Students | 19 | | satisfactorily completing a program of not less than 8 hours in
| 20 | | length shall receive a certificate of safety from the | 21 | | Department of
Natural Resources. The
Department may cooperate
| 22 | | with schools, online vendors, private clubs and other | 23 | | organizations in offering boating
safety courses throughout | 24 | | the State of Illinois.
| 25 | | The Department shall issue certificates of boating safety | 26 | | to persons 10
years of age or older successfully completing the |
| | | HB3126 Engrossed | - 5 - | LRB099 07364 RJF 27478 b |
|
| 1 | | prescribed course
of instruction and passing such tests as may | 2 | | be prescribed by the Department.
The Department may charge each | 3 | | person who enrolls in a course of instruction
a fee not to | 4 | | exceed $5. If a fee is authorized by the Department, the
| 5 | | Department shall authorize instructors conducting such courses | 6 | | meeting
standards established by it to charge for the rental of | 7 | | facilities or for
the cost of materials utilized in the course. | 8 | | Fees retained by the
Department shall be utilized to defray a | 9 | | part of its expenses to operate
the safety and accident | 10 | | reporting 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; |
| | | HB3126 Engrossed | - 6 - | LRB099 07364 RJF 27478 b |
|
| 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 |
| | | HB3126 Engrossed | - 7 - | LRB099 07364 RJF 27478 b |
|
| 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 | 17 | | necessary to implement this Section. The Department of Natural | 18 | | Resources shall consult and coordinate with the boating public, | 19 | | professional organizations for recreational boating safety, | 20 | | and the boating retail, leasing, and dealer business community | 21 | | in 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 | 24 | | becoming law. |
|