98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3433

 

Introduced 2/14/2014, by Sen. Julie A. Morrison

 

SYNOPSIS AS INTRODUCED:
 
625 ILCS 45/5-18  from Ch. 95 1/2, par. 315-13

    Amends the Boat Registration and Safety Act. Provides that beginning January 1, 2016 no person born on or after January 1, 1991 shall operate a motorboat with over 10 horse power without a Boating Safety Certificate. Beginning January 1, 2016, requires persons between 10 and 12 operating a motorboat with over 10 horse power to be under the direct on-board supervision of a parent, guardian, or designee over 18 that possesses a Boating Safety Certificate. Beginning January 1, 2016, requires persons between 12 and 18 operating a motorboat with over 10 horse power to have a Boating Safety Certificate or be under the supervision of a parent, guardian, or designee over 18 with a Boating Safety Certificate. Beginning January 1, 2016, provides that the owner of a motorboat with over 10 horse power shall not allow it to be operated by anyone without a Boating Safety Certificate. Provides that a person operating a motorboat with over 10 horse power must provide their Boating Safety Certificate to law enforcement upon request. Provides that boat liveries may offer an abbreviated safety course that allows persons renting motorboats from the livery to operate those rentals without a Boating Safety Certificate. Provides that providing false information in an application for a Boating Safety Certificate or displaying a false certificate is a Class A misdemeanor. Provides exceptions to the certificate requirement.


LRB098 20183 MLW 55514 b

CORRECTIONAL BUDGET AND IMPACT NOTE ACT MAY APPLY
FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB3433LRB098 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, 1991, 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- 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 not possessing a valid Boating Safety Certificate as
25required by this Section.
26    (f) Licensed boat liveries may offer an abbreviated safety

 

 

SB3433- 3 -LRB098 20183 MLW 55514 b

1course covering core boat safety rules. A person who completes
2an abbreviated safety course may operate a motorboat rented
3from the livery providing the abbreviated safety course without
4having a Boating Safety Certificate for up to one year from the
5date of course completion. The Department shall adopt rules to
6implement this subsection.
7    (g) Violations.
8        (1) A person who is operating a motorboat with over 10
9    horse power and is required to have a valid Boating Safety
10    Certificate under the provisions of this Section shall
11    present the certificate to a law enforcement officer upon
12    request. Failure of the person to present the certificate
13    upon request is a petty offense.
14        (2) A person who provides false or fictitious
15    information in an application for a Boating Safety
16    Certificate; or who alters, forges, counterfeits, or
17    falsifies a Boating Safety Certificate; or who possesses a
18    Boating Safety Certificate that has been altered, forged,
19    counterfeited, or falsified is guilty of a Class A
20    misdemeanor.
21        (3) A person who loans or permits their Boating Safety
22    Certificate to be used by another person; or who operates a
23    motorboat with over 10 horse power using a Boating Safety
24    Certificate that has not been issued to that person is
25    guilty of a Class A misdemeanor.
26        (4) Violations of this Section done with the knowledge

 

 

SB3433- 4 -LRB098 20183 MLW 55514 b

1    of a parent or guardian shall be deemed a violation by the
2    parent or guardian and punishable under Section 11A-1.
3    (h) The Department of Natural Resources, Division of Law
4Enforcement, shall establish a program of instruction on
5boating safety, laws, regulations and administrative laws, and
6any other subject matter which might be related to the subject
7of general boat safety. The program shall be conducted by
8instructors certified by the Department of Natural Resources,
9Division of Law Enforcement. The course of instruction for
10persons certified to teach boating safety shall be not less
11than 8 hours in length, and the Department shall have the
12authority to revoke the certification of any instructor who has
13demonstrated his inability to conduct courses on the subject
14matter. The Department of Natural Resources shall develop and
15provide a method for students to complete the program online.
16Students satisfactorily completing a program of not less than 8
17hours in length shall receive a certificate of safety from the
18Department of Natural Resources, Division of Law Enforcement.
19The Department may cooperate with schools, online vendors,
20private clubs and other organizations in offering boating
21safety courses throughout the State of Illinois.
22    The Department shall issue certificates of boating safety
23to persons 10 years of age or older successfully completing the
24prescribed course of instruction and passing such tests as may
25be prescribed by the Department. The Department may charge each
26person who enrolls in a course of instruction a fee not to

 

 

SB3433- 5 -LRB098 20183 MLW 55514 b

1exceed $5. If a fee is authorized by the Department, the
2Department shall authorize instructors conducting such courses
3meeting standards established by it to charge for the rental of
4facilities or for the cost of materials utilized in the course.
5Fees retained by the Department shall be utilized to defray a
6part of its expenses to operate the safety and accident
7reporting programs of the Department.
8    (i) A Boating Safety Certificate is not required by:
9        (1) a person who possesses a valid United States Coast
10    Guard commercial vessel operator's license or a marine
11    certificate issued by the Canadian government;
12        (2) a person employed by the United States, this State,
13    another state, or a subdivision thereof while in
14    performance of his or her official duties;
15        (3) a person that is not a resident, is temporarily
16    using the waters of this State for a period not to exceed
17    90 days, and meets any applicable boating safety education
18    requirements of his or her state of residency or possesses
19    a Canadian Pleasure Craft Operator's Card;
20        (4) a person that has assumed operation of the
21    motorboat or personal watercraft due to the illness or
22    physical impairment of the operator, and is returning the
23    motorboat or personal watercraft to shore in order to
24    provide assistance or care for that operator;
25        (5) a person that is registered as a commercial
26    fisherman or a person who is under the onboard direct

 

 

SB3433- 6 -LRB098 20183 MLW 55514 b

1    supervision of the commercial fisherman while operating
2    the commercial fisherman's vessel;
3        (6) a person that is serving or has qualified as a
4    surface warfare officer or enlisted surface warfare
5    specialist in the United States Navy; or
6        (7) a A person over the age of 12 years who holds a
7    valid certificate issued by another state, a province of
8    the Dominion of Canada, the United States Coast Guard
9    Auxiliary or the United States Power Squadron need not
10    obtain a certificate from the Department if the course
11    content of the program in such other state, province or
12    organization substantially meets that established by the
13    Department under this Section. A certificate issued by the
14    Department or by another state, province of the Dominion of
15    Canada or approved organization shall not constitute an
16    operator's license, but shall certify only that the student
17    has successfully passed a course in boating safety
18    instruction.
19    (j) Except as otherwise provided in subsection (f), the The
20Department of Natural Resources may adopt rules necessary to ,
21Division of Law Enforcement, shall implement and enforce the
22provisions of this Section.
23(Source: P.A. 91-357, eff. 7-29-99.)