Bill Amendment: IL HB1681 | 2015-2016 | 99th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: TRANSPORTATION-TECH
Status: 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB1681 Detail]
Download: Illinois-2015-HB1681-House_Amendment_001.html
Bill Title: TRANSPORTATION-TECH
Status: 2015-04-24 - Rule 19(a) / Re-referred to Rules Committee [HB1681 Detail]
Download: Illinois-2015-HB1681-House_Amendment_001.html
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1 | AMENDMENT TO HOUSE BILL 1681
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2 | AMENDMENT NO. ______. Amend House Bill 1681 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Boat Registration and Safety Act is amended | ||||||
5 | by changing Section 5-18 as follows:
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6 | (625 ILCS 45/5-18) (from Ch. 95 1/2, par. 315-13)
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7 | Sec. 5-18.
(a) Beginning on January 1, 2016, no person born | ||||||
8 | on or after January 1, 1998, unless exempted by subsection (i), | ||||||
9 | shall operate a motorboat with over 10 horse power unless that | ||||||
10 | person has a valid Boating Safety Certificate issued by the | ||||||
11 | Department of Natural Resources or an entity or organization | ||||||
12 | recognized and approved by the Department. | ||||||
13 | (b) No person under 10 years of age may operate a
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14 | motorboat. | ||||||
15 | (c) Prior to January 1, 2016, persons at least 10 years of | ||||||
16 | age and less than 12 years of age
may operate a motorboat with |
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1 | over 10 horse power only if they are accompanied on the | ||||||
2 | motorboat and
under the direct control of a parent or guardian | ||||||
3 | or a person at least 18
years of age designated by a parent or | ||||||
4 | guardian. Beginning on January 1, 2016, persons at least 10 | ||||||
5 | years of age and less than 12 years of age may operate a | ||||||
6 | motorboat with over 10 horse power only if the person is under | ||||||
7 | the direct on-board supervision of a parent or guardian who | ||||||
8 | meets the requirements of subsection (a) or a person at least | ||||||
9 | 18 years of age who meets the requirements of subsection (a) | ||||||
10 | and is designated by a parent or guardian. | ||||||
11 | (d) Prior to January 1, 2016, persons at least 12 years
of | ||||||
12 | age and less than 18 years of age may operate a motorboat with | ||||||
13 | over 10 horse power only if they
are accompanied on the | ||||||
14 | motorboat and under the direct control of a parent
or guardian | ||||||
15 | or a person at least 18 years of age designated by a parent or
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16 | guardian, or the motorboat operator is in possession of a | ||||||
17 | Boating Safety
Certificate issued by the Department of Natural | ||||||
18 | Resources,
Division of Law Enforcement, authorizing the holder | ||||||
19 | to operate motorboats. Beginning on January 1, 2016, persons at | ||||||
20 | least 12 years and less than 18 years of age may operate a | ||||||
21 | motorboat with over 10 horse power only if the person meets the | ||||||
22 | requirements of subsection (a) or is under the direct on-board | ||||||
23 | supervision of a parent or guardian who meets the requirements | ||||||
24 | of subsection (a) or a person at least 18 years of age who | ||||||
25 | meets the requirements of subsection (a) and is designated by a | ||||||
26 | parent or guardian.
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1 | (e) Beginning January 1, 2016, the owner of a motorboat or | ||||||
2 | a person given supervisory authority over a motorboat shall not | ||||||
3 | permit a motorboat with over 10 horse power to be operated by a | ||||||
4 | person who does not meet the Boating Safety Certificate | ||||||
5 | requirements of this Section. | ||||||
6 | (f) Licensed boat liveries shall offer abbreviated | ||||||
7 | operating and safety instruction covering core boat safety | ||||||
8 | rules to all renters, unless the renter can demonstrate | ||||||
9 | compliance with the Illinois Boating Safety Certificate | ||||||
10 | requirements of this Section, or is exempt under subsection (i) | ||||||
11 | of this Section. A person who completes abbreviated operating | ||||||
12 | and safety instruction may operate a motorboat rented from the | ||||||
13 | livery providing the abbreviated operating and safety | ||||||
14 | instruction without having a Boating Safety Certificate for up | ||||||
15 | to one year from the date of instruction. The Department shall | ||||||
16 | adopt rules to implement this subsection. | ||||||
17 | (g) Violations. | ||||||
18 | (1) A person who is operating a motorboat with over 10 | ||||||
19 | horse power and is required to have a valid Boating Safety | ||||||
20 | Certificate under the provisions of this Section shall | ||||||
21 | present the certificate to a law enforcement officer upon | ||||||
22 | request. Failure of the person to present the certificate | ||||||
23 | upon request is a petty offense. | ||||||
24 | (2) A person who provides false or fictitious | ||||||
25 | information in an application for a Boating Safety | ||||||
26 | Certificate; or who alters, forges, counterfeits, or |
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1 | falsifies a Boating Safety Certificate; or who possesses a | ||||||
2 | Boating Safety Certificate that has been altered, forged, | ||||||
3 | counterfeited, or falsified is guilty of a Class A | ||||||
4 | misdemeanor. | ||||||
5 | (3) A person who loans or permits his or her their | ||||||
6 | Boating Safety Certificate to be used by another person ; or | ||||||
7 | who operates a motorboat with over 10 horse power using a | ||||||
8 | Boating Safety Certificate that has not been issued to that | ||||||
9 | person is guilty of a Class A misdemeanor. | ||||||
10 | (4) A violation Violations of this Section done with | ||||||
11 | the knowledge of a parent or guardian
shall be deemed a | ||||||
12 | violation by the parent or guardian and punishable
under | ||||||
13 | Section 11A-1.
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14 | (h) The Department of Natural Resources shall
establish a | ||||||
15 | program of instruction on boating safety, laws, regulations and
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16 | administrative laws, and any other subject matter which might | ||||||
17 | be related to
the subject of general boat safety. The program | ||||||
18 | shall be conducted by
instructors certified by the Department | ||||||
19 | of Natural Resources. The course of instruction for persons | ||||||
20 | certified to teach
boating safety shall be not less than 8 | ||||||
21 | hours in length, and the Department
shall have the authority to | ||||||
22 | revoke the certification of any instructor who
has demonstrated | ||||||
23 | his inability to conduct courses on the subject matter.
The | ||||||
24 | Department of Natural Resources shall develop and provide a | ||||||
25 | method for students to complete the program online. Students | ||||||
26 | satisfactorily completing a program of not less than 8 hours in
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1 | length shall receive a certificate of safety from the | ||||||
2 | Department of
Natural Resources. The
Department may cooperate
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3 | with schools, online vendors, private clubs and other | ||||||
4 | organizations in offering boating
safety courses throughout | ||||||
5 | the State of Illinois.
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6 | The Department shall issue certificates of boating safety | ||||||
7 | to persons 10
years of age or older successfully completing the | ||||||
8 | prescribed course
of instruction and passing such tests as may | ||||||
9 | be prescribed by the Department.
The Department may charge each | ||||||
10 | person who enrolls in a course of instruction
a fee not to | ||||||
11 | exceed $5. If a fee is authorized by the Department, the
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12 | Department shall authorize instructors conducting such courses | ||||||
13 | meeting
standards established by it to charge for the rental of | ||||||
14 | facilities or for
the cost of materials utilized in the course. | ||||||
15 | Fees retained by the
Department shall be utilized to defray a | ||||||
16 | part of its expenses to operate
the safety and accident | ||||||
17 | reporting programs of the Department.
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18 | (i) A Boating Safety Certificate is not required by: | ||||||
19 | (1) a person who possesses a valid United States Coast | ||||||
20 | Guard commercial vessel operator's license or a marine | ||||||
21 | certificate issued by the Canadian government; | ||||||
22 | (2) a person employed by the United States, this State, | ||||||
23 | another state, or a subdivision thereof while in | ||||||
24 | performance of his or her official duties; | ||||||
25 | (3) a person who is not a resident, is temporarily | ||||||
26 | using the waters of this State for a period not to exceed |
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1 | 90 days, and meets any applicable boating safety education | ||||||
2 | requirements of his or her state of residency or possesses | ||||||
3 | a Canadian Pleasure Craft Operator's Card; | ||||||
4 | (4) a person who is a resident of this State who has | ||||||
5 | met the applicable boating safety education requirements | ||||||
6 | of another state or possesses a Canadian Pleasure Craft | ||||||
7 | Operator's Card; | ||||||
8 | (5) a person who has assumed operation of the motorboat | ||||||
9 | due to the illness or physical impairment of the operator, | ||||||
10 | and is returning the motorboat or personal watercraft to | ||||||
11 | shore in order to provide assistance or care for that | ||||||
12 | operator; | ||||||
13 | (6) a person who is registered as a commercial | ||||||
14 | fisherman or a person who is under the onboard direct | ||||||
15 | supervision of the commercial fisherman while operating | ||||||
16 | the commercial fisherman's vessel; | ||||||
17 | (7) a person who is serving or has qualified as a | ||||||
18 | surface warfare officer or enlisted surface warfare | ||||||
19 | specialist in the United States Navy; | ||||||
20 | (8) a person who has assumed operation of the motorboat | ||||||
21 | for the purpose of completing a watercraft safety course | ||||||
22 | approved by the Department, the U.S. Coast Guard, or the | ||||||
23 | National Association of State Boating Law Administrators; | ||||||
24 | (9) a person using only an electric motor to propel the | ||||||
25 | motorboat; | ||||||
26 | (10) a person operating a motorboat on private |
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1 | property; or | ||||||
2 | (11) a person over the age of 12 years who holds a | ||||||
3 | valid certificate issued by
another state, a province of | ||||||
4 | the Dominion of
Canada, the United States Coast Guard | ||||||
5 | Auxiliary or the United States
Power Squadron need not | ||||||
6 | obtain a certificate from the Department if the
course | ||||||
7 | content of the program in such other state, province or | ||||||
8 | organization
substantially meets that established by the | ||||||
9 | Department under this Section.
A certificate issued by the | ||||||
10 | Department or by another state, province of the
Dominion of | ||||||
11 | Canada or approved organization shall not constitute an
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12 | operator's license, but shall certify only that the student | ||||||
13 | has
successfully passed a course in boating safety | ||||||
14 | instruction ; or .
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15 | (12) a person, at least 9 years of age, who is | ||||||
16 | participating in a closed-course motorboat competition, | ||||||
17 | including operation of a motorboat for competition | ||||||
18 | practice purposes, sanctioned by an organization with the | ||||||
19 | authority to conduct motorboat competitions. | ||||||
20 | (j) The Department of Natural Resources shall adopt rules | ||||||
21 | necessary to implement this Section. The Department of Natural | ||||||
22 | Resources shall consult and coordinate with the boating public, | ||||||
23 | professional organizations for recreational boating safety, | ||||||
24 | and the boating retail, leasing, and dealer business community | ||||||
25 | in the adoption of these rules.
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26 | (Source: P.A. 98-698, eff. 1-1-15; revised 12-10-14.)".
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