Full Text of HB3136 98th General Assembly
HB3136 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3136 Introduced , by Rep. Kelly Burke SYNOPSIS AS INTRODUCED: |
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625 ILCS 45/5-18 | from Ch. 95 1/2, par. 315-13 |
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Amends the Boat Registration and Safety Act. Provides that beginning January 1, 2019, no person shall operate a motorboat on the waters of this State unless they have a boating safety certificate. Prior to January 1, 2019, provides a graduated scale for the boating safety certificate requirement based on the age of the operator. Prohibits the owner of a motorboat from allowing a person without a boating safety certificate to operate the motorboat. Provides that persons between 10 and 12 years of age must, in addition to possessing a boating safety certificate, be under the supervision of a parent, guardian, or a person at least 18 years of age designated by the parent or guarding, that has a boating safety certificate. Exempts operators that (i) have a commercial vessel license; (ii) have a similar certificate from another state, a province of Canada, or the Coast Guard; (iii) are law enforcement officers performing official duties. Provides that operators without a boating safety certificate, unless otherwise exempted, are guilty of a petty offense. Provides that persons that falsify information in applying for a certificate, or who submit a falsified certificate to law enforcement, are guilty of a Class A misdemeanor. Expands the Department of Natural Resource's ability to implement rules for the enforcement of this Section.
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| | | CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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. Motorboat operator requirements. | 8 | | (a) Beginning January 1, 2019, no person shall operate a | 9 | | motorboat on the waters of this State unless that person has a | 10 | | valid boating safety certificate issued by the Department of | 11 | | Natural Resources or is otherwise exempted by the provisions of | 12 | | subsection (e) of this Section. Prior to January 1, 2019, | 13 | | persons required to possess a boating safety certificate to | 14 | | operate a motorboat include operators who are: | |
15 | | PERSONS BORN: | MUST BE CERTIFIED BY: | |
16 | | January 1, 1990 or AFTER | *Before Operating a Motorboat | |
17 | | after January 1, 1988 but before | 18 | | January 1, 1990 | January 1, 2014 | |
19 | | after January 1, 1983 but before | 20 | | January 1, 1988 | January 1, 2015 | |
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| 1 | | after January 1, 1978 but before | 2 | | January 1, 1983 | January 1, 2016 | |
3 | | after January 1, 1973 but before | 4 | | January 1, 1978 | January 1, 2017 | |
5 | | after January 1, 1968 but before | 6 | | January 1, 1973 | January 1, 2018 | |
7 | | BEFORE January 1, 1968 | January 1, 2019 |
| 8 | | (b) The owner of any motorboat or any person given | 9 | | supervisory authority over a motorboat, shall not permit a | 10 | | motorboat or any person given supervisory authority over a | 11 | | motorboat, shall not permit a motorboat to be operated by any | 12 | | person not possessing a valid boating safety certificate as | 13 | | required by this Act. | 14 | | (c) No person under 10 years of age may operate a
| 15 | | motorboat. | 16 | | (d) Persons at least 10 years of age and less than 12 years | 17 | | of age
may operate a motorboat on the waters of this State | 18 | | provided the person possesses a valid boating safety | 19 | | certificate and the person is under the direct on-board | 20 | | supervision only if they are accompanied on the motorboat and
| 21 | | under the direct control of a parent or guardian or a person at | 22 | | least 18
years of age designated by a parent or guardian who | 23 | | holds a valid boating safety certificate or is exempt under | 24 | | this Section . | 25 | | Persons at least 12 years
of age and less than 18 years of |
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| 1 | | age may operate a motorboat only if they
are accompanied on the | 2 | | motorboat and under the direct control of a parent
or guardian | 3 | | or a person at least 18 years of age designated by a parent or
| 4 | | guardian, or such motorboat operator is in possession of a | 5 | | Boating Safety
Certificate issued by the Department of Natural | 6 | | Resources,
Division of Law Enforcement, authorizing the holder | 7 | | to operate motorboats.
| 8 | | (e) Exemptions. A boating safety certificate is not | 9 | | required by: | 10 | | (1) a person that possesses a valid United States Coast | 11 | | Guard commercial vessel operator's license; | 12 | | (2) a person over the age of 12 years who holds a valid | 13 | | certificate issued by
another state, a province of the | 14 | | Dominion of
Canada, the United States Coast Guard Auxiliary | 15 | | or the United States
Power Squadron need not obtain a | 16 | | certificate from the Department if the
course content of | 17 | | the program in such other state, province or organization
| 18 | | substantially meets that established by the Department | 19 | | under this Section.
A certificate issued by the Department | 20 | | or by another state, province of the
Dominion of Canada or | 21 | | approved organization shall not constitute an
operator's | 22 | | license, but shall certify only that the student has
| 23 | | successfully passed a course in boating safety | 24 | | instruction; and | 25 | | (3) law enforcement officers in performance of their | 26 | | duties. |
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| 1 | | (f) Compliance; Penalties for Violation. | 2 | | (1) A person who is operating a motorboat on any waters | 3 | | of this State and is required to have a valid boating | 4 | | safety certificate under the provisions of this Section | 5 | | shall present the certificate to a law enforcement officer | 6 | | upon request. Failure of the person to present the | 7 | | certificate upon request shall be guilty of a petty | 8 | | offense. | 9 | | (2) A person who provides false or fictitious | 10 | | information in any application for a boating safety | 11 | | certificate; or who alters, forges, counterfeits, or | 12 | | falsifies a boating safety certificate; or who possesses a | 13 | | boating safety certificate that has been altered, forged, | 14 | | counterfeited, or falsified shall be guilty of a Class A | 15 | | misdemeanor. | 16 | | (3) Violations of this Section done with the knowledge | 17 | | of a parent or guardian
shall be deemed a violation by the | 18 | | parent or guardian and punishable
under Section 11A-1.
| 19 | | (g) Boating safety certificates. | 20 | | (1) The Department of Natural Resources, Division of | 21 | | Law
Enforcement, shall
establish a program of instruction | 22 | | on boating safety, laws, regulations and
administrative | 23 | | laws, and any other subject matter which might be related | 24 | | to
the subject of general boat safety. The program shall be | 25 | | conducted by
instructors certified by the Department of | 26 | | Natural Resources, Division of Law
Enforcement. The course |
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| 1 | | of instruction for persons certified to teach
boating | 2 | | safety shall be not less than 8 hours in length, and the | 3 | | Department
shall have the authority to revoke the | 4 | | certification of any instructor who
has demonstrated his | 5 | | inability to conduct courses on the subject matter.
| 6 | | Students satisfactorily completing a program of not less | 7 | | than 8 hours in
length shall receive a certificate of | 8 | | safety from the Department of
Natural Resources, Division | 9 | | of Law Enforcement. The
Department may cooperate
with | 10 | | schools, private clubs and other organizations in offering | 11 | | boating
safety courses throughout the State of Illinois.
| 12 | | (2) The Department shall issue certificates of boating | 13 | | safety to persons 10
years of age or older successfully | 14 | | completing the prescribed course
of instruction and | 15 | | passing such tests as may be prescribed by the Department.
| 16 | | The Department may charge each person who enrolls in a | 17 | | course of instruction
a fee not to exceed $5. If a fee is | 18 | | authorized by the Department, the
Department shall | 19 | | authorize instructors conducting such courses meeting
| 20 | | standards established by it to charge for the rental of | 21 | | facilities or for
the cost of materials utilized in the | 22 | | course. Fees retained by the
Department shall be utilized | 23 | | to defray a part of its expenses to operate
the safety and | 24 | | accident reporting programs of the Department.
| 25 | | A person over the age of 12 years who holds a valid | 26 | | certificate issued by
another state, a province of the Dominion |
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| 1 | | of
Canada, the United States Coast Guard Auxiliary or the | 2 | | United States
Power Squadron need not obtain a certificate from | 3 | | the Department if the
course content of the program in such | 4 | | other state, province or organization
substantially meets that | 5 | | established by the Department under this Section.
A certificate | 6 | | issued by the Department or by another state, province of the
| 7 | | Dominion of Canada or approved organization shall not | 8 | | constitute an
operator's license, but shall certify only that | 9 | | the student has
successfully passed a course in boating safety | 10 | | instruction.
| 11 | | (h) The Department of Natural Resources , Division of Law
| 12 | | Enforcement, shall adopt rules to implement and enforce the | 13 | | provisions of this Section.
| 14 | | (Source: P.A. 91-357, eff. 7-29-99.)
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