SB2972 - 104th General Assembly
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| 1 | AMENDMENT TO SENATE BILL 2972 | ||||||
| 2 | AMENDMENT NO. ______. Amend Senate Bill 2972 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Boat Registration and Safety Act is | ||||||
| 5 | amended by adding Section 5-24 as follows: | ||||||
| 6 | (625 ILCS 45/5-24 new) | ||||||
| 7 | Sec. 5-24. Mandatory liability insurance. | ||||||
| 8 | (a) It is unlawful for the owner of a motorboat of more | ||||||
| 9 | than 10 horsepower, a motorboat over 21 feet long, or a | ||||||
| 10 | personal watercraft to operate or allow the operation of the | ||||||
| 11 | motorboat or personal watercraft unless it is covered by a | ||||||
| 12 | liability insurance policy that has been issued by an | ||||||
| 13 | insurance company licensed in this State. The insurance policy | ||||||
| 14 | shall be issued in amounts no less than the minimum amounts set | ||||||
| 15 | for bodily injury or death and for destruction of property | ||||||
| 16 | under Section 7-203 of the Illinois Vehicle Code, and shall be | ||||||
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| 1 | issued in accordance with the requirements of Sections 143a | ||||||
| 2 | and 143a-2 of the Illinois Insurance Code. No insurer other | ||||||
| 3 | than an insurer authorized to do business in this State shall | ||||||
| 4 | issue a policy pursuant to this Section. Nothing herein shall | ||||||
| 5 | deprive an insurer of any policy defense available at common | ||||||
| 6 | law. | ||||||
| 7 | (b) Proof of insurance as required by this Section shall | ||||||
| 8 | be produced and displayed by the owner or operator of the | ||||||
| 9 | motorboat or personal watercraft upon request to any law | ||||||
| 10 | enforcement officer or to any person who has suffered or | ||||||
| 11 | claims to have suffered either personal injury or property | ||||||
| 12 | damage as a result of the operation of the motorboat or | ||||||
| 13 | personal watercraft by the owner or operator. | ||||||
| 14 | (c) Except as provided in subsection (d), any operator of | ||||||
| 15 | a motorboat or personal watercraft subject to registration and | ||||||
| 16 | numbering under this Act who is convicted of violating | ||||||
| 17 | subsection (a) is guilty of a petty offense and shall be | ||||||
| 18 | required to pay a fine in excess of $500, but not more than | ||||||
| 19 | $1,000. However, no person charged with violating this Section | ||||||
| 20 | shall be convicted if such person produces in court | ||||||
| 21 | satisfactory evidence that at the time of the arrest the | ||||||
| 22 | motorboat or personal watercraft was covered by a liability | ||||||
| 23 | insurance policy in accordance with subsection (a). The chief | ||||||
| 24 | judge of each circuit may designate an officer of the court to | ||||||
| 25 | review the documentation demonstrating that at the time of | ||||||
| 26 | arrest the motorboat or personal watercraft was covered by a | ||||||
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| 1 | liability insurance policy in accordance with subsection (a). | ||||||
| 2 | (d) A person who (i) has not previously been convicted of | ||||||
| 3 | or received a disposition of court supervision for violating | ||||||
| 4 | subsection (a) and (ii) produces at his or her court | ||||||
| 5 | appearance satisfactory evidence that the motorboat or | ||||||
| 6 | personal watercraft is covered, as of the date of the court | ||||||
| 7 | appearance, by a liability insurance policy in accordance with | ||||||
| 8 | Section 7-601 of the Illinois Vehicle Code shall, for a | ||||||
| 9 | violation of this Section, pay a fine of $100 and receive a | ||||||
| 10 | disposition of court supervision. The person must, on the date | ||||||
| 11 | that the period of court supervision is scheduled to | ||||||
| 12 | terminate, produce satisfactory evidence that the motorboat or | ||||||
| 13 | personal watercraft was covered by the required liability | ||||||
| 14 | insurance policy during the entire period of court | ||||||
| 15 | supervision. | ||||||
| 16 | An officer of the court designated under subsection (c) | ||||||
| 17 | may also review liability insurance documentation under this | ||||||
| 18 | subsection to determine if the motorboat or personal | ||||||
| 19 | watercraft is, as of the date of the court appearance, covered | ||||||
| 20 | by a liability insurance policy in accordance with Section | ||||||
| 21 | 7-601 of the Illinois Vehicle Code. The officer of the court | ||||||
| 22 | shall also determine, on the date the period of court | ||||||
| 23 | supervision is scheduled to terminate, whether the motorboat | ||||||
| 24 | or personal watercraft was covered by the required policy | ||||||
| 25 | during the entire period of court supervision.". | ||||||
