SB3433 EnrolledLRB098 20183 MLW 55514 b

1    AN ACT concerning transportation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Boat Registration and Safety Act is amended
5by changing Section 5-18 as follows:
 
6    (625 ILCS 45/5-18)  (from Ch. 95 1/2, par. 315-13)
7    Sec. 5-18.
8    (a) Beginning on January 1, 2016, no person born on or
9after January 1, 1998, unless exempted by subsection (i), shall
10operate a motorboat with over 10 horse power unless that person
11has a valid Boating Safety Certificate issued by the Department
12of Natural Resources or an entity or organization recognized
13and approved by the Department.
14    (b) No person under 10 years of age may operate a
15motorboat.
16    (c) Prior to January 1, 2016, persons Persons at least 10
17years of age and less than 12 years of age may operate a
18motorboat with over 10 horse power only if they are accompanied
19on the motorboat and under the direct control of a parent or
20guardian or a person at least 18 years of age designated by a
21parent or guardian. Beginning on January 1, 2016, persons at
22least 10 years of age and less than 12 years of age may operate
23a motorboat with over 10 horse power only if the person is

 

 

SB3433 Enrolled- 2 -LRB098 20183 MLW 55514 b

1under the direct on-board supervision of a parent or guardian
2who meets the requirements of subsection (a) or a person at
3least 18 years of age who meets the requirements of subsection
4(a) and is designated by a parent or guardian.
5    (d) Prior to January 1, 2016, persons Persons at least 12
6years of age and less than 18 years of age may operate a
7motorboat with over 10 horse power only if they are accompanied
8on the motorboat and under the direct control of a parent or
9guardian or a person at least 18 years of age designated by a
10parent or guardian, or the such motorboat operator is in
11possession of a Boating Safety Certificate issued by the
12Department of Natural Resources, Division of Law Enforcement,
13authorizing the holder to operate motorboats. Beginning on
14January 1, 2016, persons at least 12 years and less than 18
15years of age may operate a motorboat with over 10 horse power
16only if the person meets the requirements of subsection (a) or
17is under the direct on-board supervision of a parent or
18guardian who meets the requirements of subsection (a) or a
19person at least 18 years of age who meets the requirements of
20subsection (a) and is designated by a parent or guardian.
21    (e) Beginning January 1, 2016, the owner of a motorboat or
22a person given supervisory authority over a motorboat shall not
23permit a motorboat with over 10 horse power to be operated by a
24person who does not meet the Boating Safety Certificate
25requirements of this Section.
26    (f) Licensed boat liveries shall offer abbreviated

 

 

SB3433 Enrolled- 3 -LRB098 20183 MLW 55514 b

1operating and safety instruction covering core boat safety
2rules to all renters, unless the renter can demonstrate
3compliance with the Illinois Boating Safety Certificate
4requirements of this Section, or is exempt under subsection (i)
5of this Section. A person who completes abbreviated operating
6and safety instruction may operate a motorboat rented from the
7livery providing the abbreviated operating and safety
8instruction without having a Boating Safety Certificate for up
9to one year from the date of instruction. The Department shall
10adopt rules to implement this subsection.
11    (g) Violations.
12        (1) A person who is operating a motorboat with over 10
13    horse power and is required to have a valid Boating Safety
14    Certificate under the provisions of this Section shall
15    present the certificate to a law enforcement officer upon
16    request. Failure of the person to present the certificate
17    upon request is a petty offense.
18        (2) A person who provides false or fictitious
19    information in an application for a Boating Safety
20    Certificate; or who alters, forges, counterfeits, or
21    falsifies a Boating Safety Certificate; or who possesses a
22    Boating Safety Certificate that has been altered, forged,
23    counterfeited, or falsified is guilty of a Class A
24    misdemeanor.
25        (3) A person who loans or permits their Boating Safety
26    Certificate to be used by another person; or who operates a

 

 

SB3433 Enrolled- 4 -LRB098 20183 MLW 55514 b

1    motorboat with over 10 horse power using a Boating Safety
2    Certificate that has not been issued to that person is
3    guilty of a Class A misdemeanor.
4        (4) Violations of this Section done with the knowledge
5    of a parent or guardian shall be deemed a violation by the
6    parent or guardian and punishable under Section 11A-1.
7    (h) The Department of Natural Resources, Division of Law
8Enforcement, shall establish a program of instruction on
9boating safety, laws, regulations and administrative laws, and
10any other subject matter which might be related to the subject
11of general boat safety. The program shall be conducted by
12instructors certified by the Department of Natural Resources,
13Division of Law Enforcement. The course of instruction for
14persons certified to teach boating safety shall be not less
15than 8 hours in length, and the Department shall have the
16authority to revoke the certification of any instructor who has
17demonstrated his inability to conduct courses on the subject
18matter. The Department of Natural Resources shall develop and
19provide a method for students to complete the program online.
20Students satisfactorily completing a program of not less than 8
21hours in length shall receive a certificate of safety from the
22Department of Natural Resources, Division of Law Enforcement.
23The Department may cooperate with schools, online vendors,
24private clubs and other organizations in offering boating
25safety courses throughout the State of Illinois.
26    The Department shall issue certificates of boating safety

 

 

SB3433 Enrolled- 5 -LRB098 20183 MLW 55514 b

1to persons 10 years of age or older successfully completing the
2prescribed course of instruction and passing such tests as may
3be prescribed by the Department. The Department may charge each
4person who enrolls in a course of instruction a fee not to
5exceed $5. If a fee is authorized by the Department, the
6Department shall authorize instructors conducting such courses
7meeting standards established by it to charge for the rental of
8facilities or for the cost of materials utilized in the course.
9Fees retained by the Department shall be utilized to defray a
10part of its expenses to operate the safety and accident
11reporting programs of the Department.
12    (i) A Boating Safety Certificate is not required by:
13        (1) a person who possesses a valid United States Coast
14    Guard commercial vessel operator's license or a marine
15    certificate issued by the Canadian government;
16        (2) a person employed by the United States, this State,
17    another state, or a subdivision thereof while in
18    performance of his or her official duties;
19        (3) a person who is not a resident, is temporarily
20    using the waters of this State for a period not to exceed
21    90 days, and meets any applicable boating safety education
22    requirements of his or her state of residency or possesses
23    a Canadian Pleasure Craft Operator's Card;
24        (4) a person who is a resident of this State who has
25    met the applicable boating safety education requirements
26    of another state or possesses a Canadian Pleasure Craft

 

 

SB3433 Enrolled- 6 -LRB098 20183 MLW 55514 b

1    Operator's Card;
2        (5) a person who has assumed operation of the motorboat
3    due to the illness or physical impairment of the operator,
4    and is returning the motorboat or personal watercraft to
5    shore in order to provide assistance or care for that
6    operator;
7        (6) a person who is registered as a commercial
8    fisherman or a person who is under the onboard direct
9    supervision of the commercial fisherman while operating
10    the commercial fisherman's vessel;
11        (7) a person who is serving or has qualified as a
12    surface warfare officer or enlisted surface warfare
13    specialist in the United States Navy;
14        (8) a person who has assumed operation of the motorboat
15    for the purpose of completing a watercraft safety course
16    approved by the Department, the U.S. Coast Guard, or the
17    National Association of State Boating Law Administrators;
18        (9) a person using only an electric motor to propel the
19    motorboat;
20        (10) a person operating a motorboat on private
21    property; or
22        (11) a A person over the age of 12 years who holds a
23    valid certificate issued by another state, a province of
24    the Dominion of Canada, the United States Coast Guard
25    Auxiliary or the United States Power Squadron need not
26    obtain a certificate from the Department if the course

 

 

SB3433 Enrolled- 7 -LRB098 20183 MLW 55514 b

1    content of the program in such other state, province or
2    organization substantially meets that established by the
3    Department under this Section. A certificate issued by the
4    Department or by another state, province of the Dominion of
5    Canada or approved organization shall not constitute an
6    operator's license, but shall certify only that the student
7    has successfully passed a course in boating safety
8    instruction.
9    (j) The Department of Natural Resources, Division of Law
10Enforcement, shall adopt rules necessary to implement and
11enforce the provisions of this Section. The Department of
12Natural Resources shall consult and coordinate with the boating
13public, professional organizations for recreational boating
14safety, and the boating retail, leasing, and dealer business
15community in the adoption of these rules.
16(Source: P.A. 91-357, eff. 7-29-99.)