Bill Text: IL SB3433 | 2013-2014 | 98th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Boat Registration and Safety Act. Provides that beginning January 1, 2016 no person born on or after January 1, 1991 shall operate a motorboat with over 10 horse power without a Boating Safety Certificate. Beginning January 1, 2016, requires persons between 10 and 12 operating a motorboat with over 10 horse power to be under the direct on-board supervision of a parent, guardian, or designee over 18 that possesses a Boating Safety Certificate. Beginning January 1, 2016, requires persons between 12 and 18 operating a motorboat with over 10 horse power to have a Boating Safety Certificate or be under the supervision of a parent, guardian, or designee over 18 with a Boating Safety Certificate. Beginning January 1, 2016, provides that the owner of a motorboat with over 10 horse power shall not allow it to be operated by anyone without a Boating Safety Certificate. Provides that a person operating a motorboat with over 10 horse power must provide their Boating Safety Certificate to law enforcement upon request. Provides that boat liveries may offer an abbreviated safety course that allows persons renting motorboats from the livery to operate those rentals without a Boating Safety Certificate. Provides that providing false information in an application for a Boating Safety Certificate or displaying a false certificate is a Class A misdemeanor. Provides exceptions to the certificate requirement.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Passed) 2014-07-07 - Public Act . . . . . . . . . 98-0698 [SB3433 Detail]

Download: Illinois-2013-SB3433-Engrossed.html

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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.
(a) Beginning on January 1, 2016, no person born on or
after January 1, 1991, unless exempted by subsection (i), shall
operate a motorboat with over 10 horse power unless that person
has a valid Boating Safety Certificate issued by the Department
of Natural Resources or an entity or organization recognized
and approved by the Department.
(b) No person under 10 years of age may operate a
motorboat.
(c) Prior to January 1, 2016, persons Persons at least 10
years of age and less than 12 years of age may operate a
motorboat with over 10 horse power only if they are accompanied
on the motorboat and under the direct control of a parent or
guardian or a person at least 18 years of age designated by a
parent or guardian. Beginning on January 1, 2016, persons at
least 10 years of age and less than 12 years of age may operate
a motorboat with over 10 horse power only if the person is

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under the direct on-board supervision of a parent or guardian
who meets the requirements of subsection (a) or a person at
least 18 years of age who meets the requirements of subsection
(a) and is designated by a parent or guardian.
(d) Prior to January 1, 2016, persons Persons at least 12
years of age and less than 18 years of age may operate a
motorboat with over 10 horse power only if they are accompanied
on the motorboat and under the direct control of a parent or
guardian or a person at least 18 years of age 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. Beginning on
January 1, 2016, persons at least 12 years and less than 18
years of age may operate a motorboat with over 10 horse power
only if the person meets the requirements of subsection (a) or
is under the direct on-board supervision of a parent or
guardian who meets the requirements of subsection (a) or a
person at least 18 years of age who meets the requirements of
subsection (a) and is designated by a parent or guardian.
(e) Beginning January 1, 2016, the owner of a motorboat or
a person given supervisory authority over a motorboat shall not
permit a motorboat with over 10 horse power to be operated by a
person not possessing a valid Boating Safety Certificate as
required by this Section.
(f) Licensed boat liveries may offer an abbreviated safety

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course covering core boat safety rules. A person who completes
an abbreviated safety course may operate a motorboat rented
from the livery providing the abbreviated safety course without
having a Boating Safety Certificate for up to one year from the
date of course completion. The Department shall adopt rules to
implement this subsection.
(g) Violations.
(1) A person who is operating a motorboat with over 10
horse power and is required to have a valid Boating Safety
Certificate under the provisions of this Section shall
present the certificate to a law enforcement officer upon
request. Failure of the person to present the certificate
upon request is a petty offense.
(2) A person who provides false or fictitious
information in an application for a Boating Safety
Certificate; or who alters, forges, counterfeits, or
falsifies a Boating Safety Certificate; or who possesses a
Boating Safety Certificate that has been altered, forged,
counterfeited, or falsified is guilty of a Class A
misdemeanor.
(3) A person who loans or permits their Boating Safety
Certificate to be used by another person; or who operates a
motorboat with over 10 horse power using a Boating Safety
Certificate that has not been issued to that person is
guilty of a Class A misdemeanor.
(4) Violations of this Section done with the knowledge

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of a parent or guardian shall be deemed a violation by the
parent or guardian and punishable under Section 11A-1.
(h) 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. 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. The Department of Natural Resources shall develop and
provide a method for students to complete the program online.
Students satisfactorily completing a program of not less than 8
hours in length shall receive a certificate of safety from the
Department of Natural Resources, Division of Law Enforcement.
The Department may cooperate with schools, online vendors,
private clubs and other organizations in offering boating
safety courses throughout the State of Illinois.
The Department shall issue 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

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exceed $5. If a fee is authorized by the Department, the
Department shall authorize instructors conducting 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.
(i) A Boating Safety Certificate is not required by:
(1) a person who possesses a valid United States Coast
Guard commercial vessel operator's license or a marine
certificate issued by the Canadian government;
(2) a person employed by the United States, this State,
another state, or a subdivision thereof while in
performance of his or her official duties;
(3) a person that 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;
(4) a person that has assumed operation of the
motorboat 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;
(5) a person that is registered as a commercial
fisherman or a person who is under the onboard direct

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supervision of the commercial fisherman while operating
the commercial fisherman's vessel;
(6) a person that is serving or has qualified as a
surface warfare officer or enlisted surface warfare
specialist in the United States Navy;
(7) a person that has assumed operation of the
motorboat for the purpose of completing a watercraft safety
course approved by the Department, the U.S. Coast Guard, or
the National Association of State Boating Law
Administrators; or
(8) a 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 certificate from the Department if the course
content of the program in such other state, province or
organization substantially meets that established by the
Department under this Section. A 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.
(j) 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

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