SB2733 98TH GENERAL ASSEMBLY

LRB098 15079 MLW 50043 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB2733

Introduced 1/28/2014, by Sen. Pamela J. Althoff

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 a person operating a motorboat or personal watercraft must (1) possess a valid Boating Safety Certificate; (2) possess a valid license issued by the United States Coast guard or a maritime certificate issued by the Canadian government; (3) possess a rental or lease agreement from a rental or leasing business; (4) be under the direct supervision of a person that meets the safety criteria; (5) demonstrate that he or she is not a resident, is only temporarily using the waters of this State, and meets the safety education requirements of their home state or possess a Canadian Pleasure Craft Operator's Card; (6) have assumed operation in response to an illness or physical impairment of the operator for the purpose of returning the vessel to shore in order to provide assistance to that operator; (7) be registered as a commercial fisherman or be operating a commercial fisherman's vessel while under the supervision of that commercial fisherman; or (8) provide documentation that he or she is serving or has qualified as a surface warfare officer in the United States Navy. Provides that children between the age of 10 and 12 years may operate a motorboat under the supervision of an adult that meets the safety requirements. Provides that children between the age of 12 and 18 years that do not possess a Boating Safety Certificate may operate a motorboat under the supervision of an adult that meets the safety requirements. Provides that persons operating a motorboat or personal watercraft must provide proof they satisfy these requirements to law enforcement officers upon request. Provides that these requirements shall go into effect on a graduated schedule based on the watercraft being operated and the age of the operator. Provides that these requirements do not apply to law enforcement officers in the performance of their official duties. Provides that a violation carries a civil penalty of $100. Requires boating safety education courses approved by the Department of Natural Resources to meet standards set by the National Association of State Boating Law Administrators. Provides that the Department may approve online boating safety education courses. Provides rule making authority to implement the boating safety requirements. Effective January 1, 2015.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Boat Registration and Safety Act is amended by changing Section 5-18 as follows:

(625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)

Sec. 5-18. Boating safety requirements.

(a) No person shall operate a motorboat or personal watercraft on the waters of this State unless the operator meets one of the following boating safety requirements:

(1) possesses a valid Boating Safety Certificate issued by the Department under subsection (e) of this Section;

(2) possesses a valid license to operate a vessel issued to maritime personnel by the United States Coast Guard or a marine certificate issued by the Canadian government;

(3) possesses a rental or lease agreement from a motorboat or personal watercraft rental or leasing business, which lists the person as the authorized operator of the motorboat or personal watercraft;

(4) operates the motorboat or personal watercraft under the onboard direct supervision of a person who meets the requirements of this Section;

(5) demonstrates that he or she is not a resident, is temporarily using the waters of this State for a period not to exceed 90 days, and meets any applicable boating safety education requirements of his or her state of residency or possesses a Canadian Pleasure Craft Operator's Card;

(6) has assumed operation of the motorboat or personal watercraft due to the illness or physical impairment of the operator, and is returning the motorboat or personal watercraft to shore in order to provide assistance or care for that operator;

(7) is registered as a commercial fisherman or a person who is under the onboard direct supervision of the commercial fisherman while operating the commercial fisherman's vessel; or

(8) possesses documentation that he or she is serving or has qualified as a surface warfare officer or enlisted surface warfare specialist in the United States Navy.

(b) In addition to the boating safety requirements of subsection (a) of this Section:

(1) no No person under 10 years of age may operate a motorboat; .

(2) persons Persons at least 10 years of age and less than 12 years of age may operate a motorboat only if they are accompanied on the motorboat and under the direct control of a parent or guardian who meets the requirements of subsection (a) of this Section or a person at least 18 years of age who meets the requirements of subsection (a) of this Section designated by a parent or guardian; and .

(3) persons Persons at least 12 years of age and less than 18 years of age may operate a motorboat only if they are accompanied on the motorboat and under the direct control of a parent or guardian who meets the requirements of subsection (a) of this Section or a person at least 18 years of age who meets the requirements of subsection (a) of this Section designated by a parent or guardian, or the such motorboat operator is in possession of a Boating Safety Certificate issued by the Department of Natural Resources, Division of Law Enforcement, authorizing the holder to operate motorboats.

Violations of this subsection Section done with the knowledge of a parent or guardian shall be deemed a violation by the parent or guardian and punishable under Section 11A-1.

(c) Any person who operates a motorboat or personal watercraft on the waters of this State shall, upon the request of a law enforcement officer, present to the officer evidence that he or she is in compliance with the requirements of this Section.

(d) The boating safety requirements of this Section shall apply as follows:

(1) personal watercraft operators under 21 years of age shall meet the requirements on and after July 1, 2016;

(2) personal watercraft operators at least 21 but under 36 years of age shall meet the requirements on and after July 1, 2017;

(3) personal watercraft operators at least 36 but under 51 years of age shall meet the requirements on and after July 1, 2018;

(4) personal watercraft operators 51 years of age or older shall meet the requirements on and after July 1, 2019;

(5) motorboat operators under 21 years of age shall meet the requirements on and after July 1, 2018;

(6) motorboat operators at least 21 but under 31 years of age shall meet the requirements on and after July 1, 2019;

(7) motorboat operators at least 31 but under 41 years of age shall meet the requirements on and after July 1, 2020;

(8) motorboat operators at least 41 but under 46 years of age shall meet the requirements on and after July 1, 2021;

(9) motorboat operators at least 46 but under 51 years of age shall meet the requirements on and after July 1, 2022; and

(10) motorboat operators 51 years of age or older shall meet the requirements on and after July 1, 2023.

(e) The Department of Natural Resources, Division of Law Enforcement, shall establish a program of instruction on boating safety, laws, regulations and administrative laws, and any other subject matter which might be related to the subject of general boat safety that meets standards set by the National Association of State Boating Law Administrators. The program shall be conducted by instructors certified by the Department of Natural Resources, Division of Law Enforcement. The course of instruction for persons certified to teach boating safety shall be not less than 8 hours in length, and the Department shall have the authority to revoke the certification of any instructor who has demonstrated his inability to conduct courses on the subject matter. Students satisfactorily completing a program of not less than 8 hours in length shall receive a Boating Safety Certificate certificate of safety from the Department of Natural Resources, Division of Law Enforcement. The Department may cooperate with schools, private clubs, and other organizations in offering boating safety courses throughout the State of Illinois. The Department may approve boating safety education courses offered online through an Internet website provided these online courses meet standards adopted by the Department and the National Association of State Boating Law Administrators.

The Department shall issue Boating Safety Certificates certificates of boating safety to persons 10 years of age or older successfully completing the prescribed course of instruction and passing such tests as may be prescribed by the Department. The Department may charge each person who enrolls in a course of instruction a fee not to exceed $5. If a fee is authorized by the Department, the Department shall authorize instructors conducting the such courses meeting standards established by it to charge for the rental of facilities or for the cost of materials utilized in the course. Fees retained by the Department shall be utilized to defray a part of its expenses to operate the safety and accident reporting programs of the Department.

A person over the age of 12 years who holds a valid certificate issued by another state, a province of the Dominion of Canada, the United States Coast Guard Auxiliary or the United States Power Squadron need not obtain a Boating Safety Certificate certificate from the Department if the course content of the program in the such other state, province, or organization substantially meets that established by the Department under this Section. A Boating Safety Certificate certificate issued by the Department or by another state, province of the Dominion of Canada, or approved organization shall not constitute an operator's license, but shall certify only that the student has successfully passed a course in boating safety instruction.

(f) The provisions of this Section shall not apply to law enforcement officers while they are engaged in the performance of their official duties.

(g) The Department of Natural Resources, Division of Law Enforcement, shall adopt rules necessary to implement and enforce the provisions of this Section. The Department of Natural Resources shall consult and coordinate with the boating public, professional organizations for recreational boating safety, and the boating retail, leasing, and dealer business community in the adoption of these rules.

(h) Any person who violates this Section shall be subject to a civil penalty of $100.

(Source: P.A. 91-357, eff. 7-29-99.)

Section 99. Effective date. This Act takes effect January 1, 2015.