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.

Status: (Introduced) 2013-08-09 - Senate Committee Amendment No. 1 Re-referred to Assignments; 3-9(b) [SB1478 Detail]

Download: Illinois-2013-SB1478-Amended.html

Sen. Julie A. Morrison

Filed: 3/12/2013

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1
AMENDMENT TO SENATE BILL 1478
2 AMENDMENT NO. ______. Amend Senate Bill 1478 by replacing
3everything after the enacting clause with the following:
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, 2015, no person born on or
9after January 1, 1990, unless exempted by subsection (h), shall
10operate a watercraft unless that person has a valid Boating
11Safety Certificate issued by the Department of Natural
12Resources or an entity or organization recognized and approved
13by the Department.
14 (b) No person under 10 years of age may operate a
15watercraft motorboat.
16 (c) Prior to January 1, 2015, persons Persons at least 10

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1years of age and less than 12 years of age may operate a
2watercraft motorboat only if they are accompanied on the
3watercraft motorboat and under the direct control of a parent
4or guardian or a person at least 18 years of age designated by
5a parent or guardian. Beginning on January 1, 2015, persons at
6least 10 years of age and less than 12 years of age may operate
7a watercraft only if the person is under the direct on-board
8supervision of a parent or guardian who meets the requirements
9of subsection (a) or a person at least 18 years of age who
10meets the requirements of subsection (a) and is designated by a
11parent or guardian.
12 (d) Prior to January 1, 2015, persons Persons at least 12
13years of age and less than 18 years of age may operate a
14watercraft motorboat only if they are accompanied on the
15watercraft motorboat and under the direct control of a parent
16or guardian or a person at least 18 years of age designated by
17a parent or guardian, or the watercraft such motorboat operator
18is in possession of a Boating Safety Certificate issued by the
19Department of Natural Resources, Division of Law Enforcement,
20authorizing the holder to operate watercrafts motorboats.
21Beginning on January 1, 2015, persons at least 12 years and
22less than 18 years of age may operate a watercraft only if the
23person meets the requirements of subsection (a) or is under the
24direct on-board supervision of a parent or guardian who meets
25the requirements of subsection (a) or a person at least 18
26years of age who meets the requirements of subsection (a) and

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1is designated by a parent or guardian.
2 (e) Beginning January 1, 2015, the owner of a watercraft or
3a person given supervisory authority over a watercraft shall
4not permit a watercraft to be operated by a person not
5possessing a valid Boating Safety Certificate as required by
6this 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.
3 (g) 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. Students satisfactorily completing a program of not
15less than 8 hours in length shall receive a certificate of
16safety from the Department of Natural Resources, Division of
17Law Enforcement. The Department may cooperate with schools,
18private clubs and other organizations in offering boating
19safety courses throughout the State of Illinois.
20 The Department shall issue certificates of boating safety
21to persons 10 years of age or older successfully completing the
22prescribed course of instruction and passing such tests as may
23be prescribed by the Department. The Department may charge each
24person who enrolls in a course of instruction a fee not to
25exceed $5. If a fee is authorized by the Department, the
26Department shall authorize instructors conducting such courses

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1meeting standards established by it to charge for the rental of
2facilities or for the cost of materials utilized in the course.
3Fees retained by the Department shall be utilized to defray a
4part of its expenses to operate the safety and accident
5reporting programs of the Department.
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
22 operator's license, but shall certify only that the student
23 has successfully passed a course in boating safety
24 instruction.
25 (i) The Department of Natural Resources may adopt rules
26necessary to , Division of Law Enforcement, shall implement and

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1enforce the provisions of this Section.
2(Source: P.A. 91-357, eff. 7-29-99.)".
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