093_HB1237ham001

 










                                     LRB093 04014 DRH 12273 a

 1                    AMENDMENT TO HOUSE BILL 1237

 2        AMENDMENT NO.     .  Amend House Bill 1237 on page 1,  by
 3    replacing lines 4 through 6 with the following:

 4        "Section  5.  The  Boat  Registration  and  Safety Act is
 5    amended by changing Sections 2-2, 5-16, and 5-16a and  adding
 6    Section 5-16a.1 as follows:

 7        (625 ILCS 45/2-2) (from Ch. 95 1/2, par. 312-2)
 8        Sec. 2-2.  Inspection; removal; impoundment.
 9        (a)  Agents  of  the  Department or other duly authorized
10    police officers may board and inspect any boat  at  any  time
11    for  the purpose of determining if this Act is being complied
12    with.   If  the  boarding  officer  or  agent  discovers  any
13    violation of this Act, he may issue a summons to the operator
14    of the boat requiring that the  operator  appear  before  the
15    circuit  court  for  the  county within which the offense was
16    committed.
17        (b)  Every vessel subject to this Act, if under  way  and
18    upon  being  hailed  by a designated law enforcement officer,
19    must stop immediately and lay to.
20        (c)  Agents of the Department and other  duly  authorized
21    police  officers may enforce all federal laws and regulations
22    which have been mutually agreed upon by the federal and state
 
                            -2-      LRB093 04014 DRH 12273 a
 1    governments and are applicable to the operation of watercraft
 2    on navigable waters and federal impoundments where concurrent
 3    jurisdiction   exists   between   the   federal   and   state
 4    governments.
 5        (d)  Agents of the Department and other  duly  authorized
 6    police  officers  may  seize  and impound, at the owner's  or
 7    operator's expense, any watercraft  involved  in   a  boating
 8    accident  or  a violation of Section 3A-21, 5-1, 5-2, or 5-16
 9    of this Act.
10        (e)  If a watercraft is causing a traffic hazard  because
11    of  its  position on a waterway or its physical appearance is
12    causing the impeding of traffic, its immediate  removal  from
13    the  waterway  by a towing service may be authorized by a law
14    enforcement agency having jurisdiction.
15        (f)  Whenever a peace officer reasonably believes that  a
16    person  under  arrest  for a violation of Section 5-1, 5-2 or
17    5-16 of this Act or similar provision of a  local  ordinance,
18    is  likely, upon release, to commit a subsequent violation of
19    Section 5-1, 5-2 or 5-16 or a similar provision  of  a  local
20    ordinance,  the  arresting  officer shall have the watercraft
21    which the person was operating at  the  time  of  the  arrest
22    impounded  for  a  period of not more than 12 hours after the
23    time of the arrest. The watercraft may  be  released  by  the
24    arresting  law enforcement agency without impoundment, or may
25    be released prior to  the  end  of  the  impoundment  period,
26    however, if:
27             (1) the watercraft was not owned by the person under
28        arrest, and the lawful owner requesting release possesses
29        proof  of  ownership, and would not, as determined by the
30        arresting law enforcement agency: (i) indicate a lack  of
31        ability to operate a watercraft in a safe manner, or (ii)
32        otherwise,  by  operating the watercraft, be in violation
33        of this Act; or
34             (2)  the watercraft is owned  by  the  person  under
 
                            -3-      LRB093 04014 DRH 12273 a
 1    arrest,  and  the  person  under  arrest  gives permission to
 2    another person to  operate  the  watercraft,  and  the  other
 3    person   would  not,  as  determined  by  the  arresting  law
 4    enforcement agency: (i) indicate a lack of ability to operate
 5    a  watercraft  in  a  safe  manner,  or  (ii)  otherwise,  by
 6    operating the watercraft, be in violation of this Act.
 7    (Source: P.A. 87-798; 88-670, eff. 12-2-94.)".