Bill Text: IL SB1478 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Illinois Vehicle Code. Makes a technical change in a Section concerning definitions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2015-01-13 - Session Sine Die [SB1478 Detail]
Download: Illinois-2013-SB1478-Amended.html
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1 | AMENDMENT TO SENATE BILL 1478
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2 | AMENDMENT NO. ______. Amend Senate Bill 1478 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.
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8 | (a) Beginning on January 1, 2015, no person born on or | ||||||
9 | after January 1, 1990, unless exempted by subsection (h), shall | ||||||
10 | operate a watercraft unless that person has a valid Boating | ||||||
11 | Safety Certificate issued by the Department of Natural | ||||||
12 | Resources or an entity or organization recognized and approved | ||||||
13 | by the Department. | ||||||
14 | (b) No person under 10 years of age may operate a
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15 | watercraft motorboat . | ||||||
16 | (c) Prior to January 1, 2015, persons Persons at least 10 |
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1 | years of age and less than 12 years of age
may operate a | ||||||
2 | watercraft motorboat only if they are accompanied on the | ||||||
3 | watercraft motorboat and
under the direct control of a parent | ||||||
4 | or guardian or a person at least 18
years of age designated by | ||||||
5 | a parent or guardian. Beginning on January 1, 2015, persons at | ||||||
6 | least 10 years of age and less than 12 years of age may operate | ||||||
7 | a watercraft only if the person is under the direct on-board | ||||||
8 | supervision of a parent or guardian who meets the requirements | ||||||
9 | of subsection (a) or a person at least 18 years of age who | ||||||
10 | meets the requirements of subsection (a) and is designated by a | ||||||
11 | parent or guardian. | ||||||
12 | (d) Prior to January 1, 2015, persons Persons at least 12 | ||||||
13 | years
of age and less than 18 years of age may operate a | ||||||
14 | watercraft motorboat only if they
are accompanied on the | ||||||
15 | watercraft motorboat and under the direct control of a parent
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16 | or guardian or a person at least 18 years of age designated by | ||||||
17 | a parent or
guardian, or the watercraft such motorboat operator | ||||||
18 | is in possession of a Boating Safety
Certificate issued by the | ||||||
19 | Department of Natural Resources,
Division of Law Enforcement, | ||||||
20 | authorizing the holder to operate watercrafts motorboats . | ||||||
21 | Beginning on January 1, 2015, persons at least 12 years and | ||||||
22 | less than 18 years of age may operate a watercraft only if the | ||||||
23 | person meets the requirements of subsection (a) or is under the | ||||||
24 | direct on-board supervision of a parent or guardian who meets | ||||||
25 | the requirements of subsection (a) or a person at least 18 | ||||||
26 | years of age who meets the requirements of subsection (a) and |
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1 | is designated by a parent or guardian.
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2 | (e) Beginning January 1, 2015, the owner of a watercraft or | ||||||
3 | a person given supervisory authority over a watercraft shall | ||||||
4 | not permit a watercraft to be operated by a person not | ||||||
5 | possessing a valid Boating Safety Certificate as required by | ||||||
6 | this Section. | ||||||
7 | (f) Violations. | ||||||
8 | (1) A person who is operating a watercraft and is | ||||||
9 | required to have a valid Boating Safety Certificate under | ||||||
10 | the provisions of this Section shall present the | ||||||
11 | certificate to a law enforcement officer upon request. | ||||||
12 | Failure of the person to present the certificate upon | ||||||
13 | 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 using a Boating Safety Certificate that has not | ||||||
24 | been issued to that person is guilty of a Class A | ||||||
25 | misdemeanor. | ||||||
26 | (4) Violations of this Section done with the knowledge |
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1 | of a parent or guardian
shall be deemed a violation by the | ||||||
2 | parent or guardian and punishable
under Section 11A-1.
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3 | (g) The Department of Natural Resources , Division of Law
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4 | Enforcement, shall
establish a program of instruction on | ||||||
5 | boating safety, laws, regulations and
administrative laws, and | ||||||
6 | any other subject matter which might be related to
the subject | ||||||
7 | of general boat safety. The program shall be conducted by
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8 | instructors certified by the Department of Natural Resources , | ||||||
9 | Division of Law
Enforcement . The course of instruction for | ||||||
10 | persons certified to teach
boating safety shall be not less | ||||||
11 | than 8 hours in length, and the Department
shall have the | ||||||
12 | authority to revoke the certification of any instructor who
has | ||||||
13 | demonstrated his inability to conduct courses on the subject | ||||||
14 | matter.
Students satisfactorily completing a program of not | ||||||
15 | less than 8 hours in
length shall receive a certificate of | ||||||
16 | safety from the Department of
Natural Resources , Division of | ||||||
17 | Law Enforcement . The
Department may cooperate
with schools, | ||||||
18 | private clubs and other organizations in offering boating
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19 | safety courses throughout the State of Illinois.
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20 | The Department shall issue certificates of boating safety | ||||||
21 | to persons 10
years of age or older successfully completing the | ||||||
22 | prescribed course
of instruction and passing such tests as may | ||||||
23 | be prescribed by the Department.
The Department may charge each | ||||||
24 | person who enrolls in a course of instruction
a fee not to | ||||||
25 | exceed $5. If a fee is authorized by the Department, the
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26 | Department shall authorize instructors conducting such courses |
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1 | meeting
standards established by it to charge for the rental of | ||||||
2 | facilities or for
the cost of materials utilized in the course. | ||||||
3 | Fees retained by the
Department shall be utilized to defray a | ||||||
4 | part of its expenses to operate
the safety and accident | ||||||
5 | reporting programs of the Department.
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6 | (h) A Boating Safety Certificate is not required by: | ||||||
7 | (1) a person who possesses a valid United States Coast | ||||||
8 | Guard commercial vessel operator's license; | ||||||
9 | (2) a person employed by the United States, this State, | ||||||
10 | another state, or a subdivision thereof while in | ||||||
11 | performance of their official duties; or | ||||||
12 | (3) a A person over the age of 12 years who holds a | ||||||
13 | valid certificate issued by
another state, a province of | ||||||
14 | the Dominion of
Canada, the United States Coast Guard | ||||||
15 | Auxiliary or the United States
Power Squadron need not | ||||||
16 | obtain a certificate from the Department if the
course | ||||||
17 | content of the program in such other state, province or | ||||||
18 | organization
substantially meets that established by the | ||||||
19 | Department under this Section.
A certificate issued by the | ||||||
20 | Department or by another state, province of the
Dominion of | ||||||
21 | Canada or approved organization shall not constitute an
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22 | operator's license, but shall certify only that the student | ||||||
23 | has
successfully passed a course in boating safety | ||||||
24 | instruction.
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25 | (i) The Department of Natural Resources may adopt rules | ||||||
26 | necessary to , Division of Law
Enforcement, shall implement and |
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1 | enforce the provisions of this Section.
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2 | (Source: P.A. 91-357, eff. 7-29-99.)".
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