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91_HB1088ham001
LRB9103988KSgcam01
1 AMENDMENT TO HOUSE BILL 1088
2 AMENDMENT NO. . Amend House Bill 1088 by replacing
3 the title with the following:
4 "AN ACT to amend the Boat Registration and Safety Act by
5 changing Sections 5-18 and 11A-4."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Boat Registration and Safety Act is
9 amended by changing Sections 5-18 and 11A-4 as follows:
10 (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
11 Sec. 5-18. No person under 14 10 years of age may
12 operate a watercraft motorboat. Also, no person born after
13 December 31, 1978 may operate a watercraft without first
14 obtaining Persons at least 10 years of age and less than 12
15 years of age may operate a motorboat only if they are
16 accompanied on the motorboat and under the direct control of
17 a parent or guardian or a person at least 18 years of age
18 designated by a parent or guardian. Persons at least 12
19 years of age and less than 18 years of age may operate a
20 motorboat only if they are accompanied on the motorboat and
21 under the direct control of a parent or guardian or a person
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1 at least 18 years of age designated by a parent or guardian,
2 or such motorboat operator is in possession of a Boating
3 Safety Certificate issued by the Department of Natural
4 Resources, Division of Law Enforcement, authorizing the
5 holder to operate watercrafts motorboats.
6 Violations of this Section done with the knowledge of a
7 parent or guardian shall be deemed a violation by the parent
8 or guardian and punishable under Section 11A-1 11-6.
9 The Department of Natural Resources, Division of Law
10 Enforcement, shall establish a program of instruction on
11 boating safety, laws, regulations and administrative laws,
12 and any other subject matter which might be related to the
13 subject of general boat safety. The program shall be
14 conducted by instructors certified by the Department of
15 Natural Resources, Division of Law Enforcement. The course
16 of instruction for persons certified to teach boating safety
17 shall be not less than 8 hours in length, and the Department
18 shall have the authority to revoke the certification of any
19 instructor who has demonstrated his inability to conduct
20 courses on the subject matter. Students satisfactorily
21 completing a program of not less than 8 hours in length shall
22 receive a certificate of safety from the Department of
23 Natural Resources, Division of Law Enforcement. The
24 Department may cooperate with schools, private clubs and
25 other organizations in offering boating safety courses
26 throughout the State of Illinois.
27 The Department shall issue certificates of boating safety
28 to persons 14 10 years of age or older successfully
29 completing the prescribed course of instruction and passing
30 such tests as may be prescribed by the Department. The
31 Department may charge each person who enrolls in a course of
32 instruction a fee not to exceed $5. If a fee is authorized
33 by the Department, the Department shall authorize instructors
34 conducting such courses meeting standards established by it
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1 to charge for the rental of facilities or for the cost of
2 materials utilized in the course. Fees retained by the
3 Department shall be utilized to defray a part of its expenses
4 to operate the safety and accident reporting programs of the
5 Department. The Department shall also establish educational
6 programs to advance boating safety at no expense to the
7 participant.
8 A person over the age of 12 years who holds a valid
9 certificate issued by another state, a province of the
10 Dominion of Canada, the United States Coast Guard Auxiliary
11 or the United States Power Squadron need not obtain a
12 certificate from the Department if the course content of the
13 program in such other state, province or organization
14 substantially meets that established by the Department under
15 this Section. A certificate issued by the Department or by
16 another state, province of the Dominion of Canada or approved
17 organization shall not constitute an operator's license, but
18 shall certify only that the student has successfully passed a
19 course in boating safety instruction.
20 The Department of Natural Resources, Division of Law
21 Enforcement, shall implement and enforce the provisions of
22 this Section.
23 (Source: P.A. 89-445, eff. 2-7-96; revised 10-31-98.)
24 (625 ILCS 45/11A-4) (from Ch. 95 1/2, par. 321A-4)
25 Sec. 11A-4. Any person who is convicted of a violation
26 of Sections 5-1, 5-2 or 11A-5 of this Act, in addition to any
27 other penalties authorized in this Act, shall may in the
28 discretion of the court be refused the privilege of operating
29 any watercraft on any of the waterways of this State for a
30 period of not less than 2 years one year.
31 (Source: P.A. 85-149.)".