As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 502 5
1997-1998 6
REPRESENTATIVES DAMSCHRODER-WACHTMANN-JERSE-JOHNSON-VAN VYVEN- 7
O'BRIEN-OLMAN-GARCIA-WOMER BENJAMIN-HARRIS-SCHULER-OPFER- 8
TERWILLEGER-WILSON 9
10
A B I L L
To amend sections 1547.06 and 1547.99 and to enact 12
sections 1547.05 and 1547.051 of the Revised Code 13
to prohibit a person born on or after January 1, 14
1982, from operating powercraft powered by more 15
than ten horsepower unless the person 16
successfully has completed a safe boater course 17
or proficiency examination and to make other
changes to the law governing the operation of 18
powercraft.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 20
Section 1. That sections 1547.06 and 1547.99 be amended 22
and sections 1547.05 and 1547.051 of the Revised Code be enacted 24
to read as follows:
Sec. 1547.05. NO PERSON BORN ON OR AFTER JANUARY 1, 1982, 27
SHALL OPERATE ON THE WATERS IN THIS STATE A POWERCRAFT POWERED BY 28
MORE THAN TEN HORSEPOWER, UNLESS THE OPERATOR SUCCESSFULLY HAS 29
COMPLETED EITHER A SAFE BOATER COURSE APPROVED BY THE NATIONAL 30
ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS OR A PROFICIENCY 31
EXAMINATION THAT TESTS KNOWLEDGE OF INFORMATION INCLUDED IN THE 32
CURRICULUM OF SUCH A COURSE, AND HAS RECEIVED A CERTIFICATE AS 33
EVIDENCE OF SUCCESSFUL COMPLETION OF THE COURSE OR EXAMINATION. 34
Sec. 1547.051. A PERSON BORN ON OR AFTER JANUARY 1, 1982, 37
WHO IS OPERATING ON THE WATERS IN THIS STATE A POWERCRAFT POWERED 38
BY MORE THAN TEN HORSEPOWER AND WHO IS STOPPED BY A LAW 39
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ENFORCEMENT OFFICER IN THE ENFORCEMENT OF CHAPTER 1547. OF THE 42
REVISED CODE OR RULES ADOPTED UNDER IT SHALL PRESENT TO THE LAW 44
ENFORCEMENT OFFICER, NOT LATER THAN SEVENTY-TWO HOURS AFTER BEING 45
STOPPED, A CERTIFICATE OBTAINED BY THE PERSON PURSUANT TO SECTION 46
1547.05 OF THE REVISED CODE PRIOR TO BEING STOPPED OR PROOF OF 49
HOLDING SUCH A CERTIFICATE. FAILURE OF THE PERSON TO PRESENT THE 50
CERTIFICATE OR PROOF OF HOLDING IT WITHIN SEVENTY-TWO HOURS 51
CONSTITUTES PRIMA-FACIE EVIDENCE OF A VIOLATION OF SECTION 52
1547.05 OF THE REVISED CODE.
Sec. 1547.06. (A) Except as otherwise provided in this 61
division, no person under sixteen years of age shall operate a 62
personal watercraft on the waters in this state. A person who is 63
not less than twelve, nor more than fifteen years of age may 64
operate a personal watercraft if a supervising person eighteen 65
years of age or older is aboard the personal watercraft AND, IN
THE CASE OF A SUPERVISING PERSON BORN ON OR AFTER JANUARY 1, 66
1982, IF THE SUPERVISING PERSON HOLDS A CERTIFICATE OBTAINED 67
UNDER SECTION 1547.05 OF THE REVISED CODE. 68
(B) No person under twelve years of age shall operate any 71
vessel that is not a personal watercraft on the waters in this 72
state unless the person is under the direct visual and audible 74
supervision, during the operation, of a person WHO IS eighteen 75
years of age or older AND, IN THE CASE OF SUCH A SUPERVISING 76
PERSON BORN ON OR AFTER JANUARY 1, 1982, WHO HOLDS A CERTIFICATE 77
OBTAINED UNDER SECTION 1547.05 OF THE REVISED CODE. If the 78
vessel is THIS DIVISION DOES NOT APPLY TO A PERSONAL WATERCRAFT, 80
WHICH SHALL BE GOVERNED BY DIVISION (A) OF THIS SECTION, OR TO a 81
powercraft, OTHER THAN A PERSONAL WATERCRAFT, powered by more 82
than ten horsepower, the supervising person WHICH shall be aboard 83
the powercraft GOVERNED BY DIVISION (C) OF THIS SECTION. 84
(C) NO PERSON UNDER SIXTEEN YEARS OF AGE SHALL OPERATE ON 86
THE WATERS IN THIS STATE A POWERCRAFT, OTHER THAN A PERSONAL 87
WATERCRAFT, POWERED BY MORE THAN TEN HORSEPOWER UNLESS THE PERSON 88
IS UNDER THE DIRECT VISUAL AND AUDIBLE SUPERVISION, DURING THE 89
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OPERATION, OF A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS 90
ABOARD THE POWERCRAFT AND, IN THE CASE OF SUCH A SUPERVISING
PERSON BORN ON OR AFTER JANUARY 1, 1982, WHO HOLDS A CERTIFICATE 91
OBTAINED UNDER SECTION 1547.05 OF THE REVISED CODE. 92
(D) No supervising person eighteen years of age or older 95
shall permit any person who is under the supervising person's 96
supervision and who is operating a vessel on the waters in this
state to violate any section of this chapter or a rule adopted 97
under it.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the 107
Revised Code is guilty of a felony of the fourth degree. 108
(B) Whoever violates section 1547.10, division (I) of 110
section 1547.111, section 1547.13, or section 1547.66 of the 111
Revised Code is guilty of a misdemeanor of the first degree. 112
(C) Whoever violates a provision of this chapter or a rule 114
adopted thereunder, for which no penalty is otherwise provided, 115
is guilty of a minor misdemeanor. 116
(D) Whoever violates section 1547.07 or 1547.12 of the 118
Revised Code without causing injury to persons or damage to 119
property is guilty of a misdemeanor of the fourth degree. 120
(E) Whoever violates section 1547.07 or 1547.12 of the 122
Revised Code causing injury to persons or damage to property is 123
guilty of a misdemeanor of the third degree. 124
(F) Whoever violates division (M) of section 1547.54, 126
division (G) of section 1547.30, or section 1547.131, 1547.25, 127
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the 128
Revised Code or a rule adopted under division (A)(2) of section 129
1547.52 of the Revised Code is guilty of a misdemeanor of the 130
fourth degree. 131
(G) Whoever violates section 1547.11 of the Revised Code 133
is guilty of a misdemeanor of the first degree and shall be 134
punished as provided in division (G)(1), (2), or (3) of this 135
section. 136
(1) Except as otherwise provided in division (G)(2) or (3) 138
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of this section, the court shall sentence the offender to a term 140
of imprisonment of three consecutive days and may sentence the 141
offender pursuant to section 2929.21 of the Revised Code to a 142
longer term of imprisonment. In addition, the court shall impose 143
upon the offender a fine of not less than one hundred fifty nor 144
more than one thousand dollars. 145
The court may suspend the execution of the mandatory three 147
consecutive days of imprisonment that it is required to impose by 148
division (G)(1) of this section if the court, in lieu of the 150
suspended term of imprisonment, places the offender on probation 151
and requires the offender to attend, for three consecutive days, 152
a drivers' intervention program that is certified pursuant to 153
section 3793.10 of the Revised Code. The court also may suspend 154
the execution of any part of the mandatory three consecutive days 155
of imprisonment that it is required to impose by division (G)(1) 157
of this section if the court places the offender on probation for 159
part of the three consecutive days; requires the offender to 160
attend, for that part of the three consecutive days, a drivers' 161
intervention program that is certified pursuant to section 162
3793.10 of the Revised Code; and sentences the offender to a term 163
of imprisonment equal to the remainder of the three consecutive 164
days that the offender does not spend attending the drivers' 165
intervention program. The court may require the offender, as a 166
condition of probation, to attend and satisfactorily complete any 167
treatment or education programs, in addition to the required 168
attendance at a drivers' intervention program, that the operators 169
of the drivers' intervention program determine that the offender 170
should attend and to report periodically to the court on the 171
offender's progress in the programs. The court also may impose 173
any other conditions of probation on the offender that it 174
considers necessary.
(2) If, within five years of the offense, the offender has 176
been convicted of or pleaded guilty to one violation of section 177
1547.11 of the Revised Code, of a municipal ordinance relating to 178
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operating a watercraft or manipulating any water skis, aquaplane, 179
or similar device while under the influence of alcohol, a drug of 180
abuse, or alcohol and a drug of abuse, of a municipal ordinance 181
relating to operating a watercraft or manipulating any water 182
skis, aquaplane, or similar device with a prohibited 183
concentration of alcohol in the blood, breath, or urine, or of 184
section 2903.06 or 2903.07 of the Revised Code in a case in which 185
the jury or judge found that the offender was under the influence 186
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the 187
court shall sentence the offender to a term of imprisonment of 188
ten consecutive days and may sentence the offender pursuant to 189
section 2929.21 of the Revised Code to a longer term of 190
imprisonment. In addition, the court shall impose upon the 191
offender a fine of not less than one hundred fifty nor more than 192
one thousand dollars. 193
In addition to any other sentence that it imposes upon the 195
offender, the court may require the offender to attend a drivers' 196
intervention program that is certified pursuant to section 197
3793.10 of the Revised Code. 198
(3) If, within five years of the offense, the offender has 200
been convicted of or pleaded guilty to more than one violation of 201
section 1547.11 of the Revised Code, of a municipal ordinance 202
relating to operating a watercraft or manipulating any water 203
skis, aquaplane, or similar device while under the influence of 204
alcohol, a drug of abuse, or alcohol and a drug of abuse, of a 205
municipal ordinance relating to operating a watercraft or 206
manipulating any water skis, aquaplane, or similar device with a 207
prohibited concentration of alcohol in the blood, breath, or 208
urine, or of section 2903.06 or 2903.07 of the Revised Code in a 209
case in which the jury or judge found that the offender was under 210
the influence of alcohol, a drug of abuse, or alcohol and a drug 211
of abuse, the court shall sentence the offender to a term of 212
imprisonment of thirty consecutive days and may sentence the 213
offender to a longer term of imprisonment of not more than one 214
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year. In addition, the court shall impose upon the offender a 215
fine of not less than one hundred fifty nor more than one 216
thousand dollars. 217
In addition to any other sentence that it imposes upon the 219
offender, the court may require the offender to attend a drivers' 220
intervention program that is certified pursuant to section 221
3793.10 of the Revised Code. 222
(4) Upon a showing that imprisonment would seriously 224
affect the ability of an offender sentenced pursuant to division 225
(G)(1), (2), or (3) of this section to continue the offender's 226
employment, the court may authorize that the offender be granted 228
work release from imprisonment after the offender has served the 229
three, ten, or thirty consecutive days of imprisonment that the 230
court is required by division (G)(1), (2), or (3) of this section 231
to impose. No court shall authorize work release from 232
imprisonment during the three, ten, or thirty consecutive days of 233
imprisonment that the court is required by division (G)(1), (2), 234
or (3) of this section to impose. The duration of the work 235
release shall not exceed the time necessary each day for the 236
offender to commute to and from the place of employment and the 237
place of imprisonment and the time actually spent under 238
employment.
(5) Notwithstanding any section of the Revised Code that 240
authorizes the suspension of the imposition or execution of a 241
sentence or the placement of an offender in any treatment program 242
in lieu of imprisonment, no court shall suspend the ten or thirty 243
consecutive days of imprisonment required to be imposed by 244
division (G)(2) or (3) of this section or place an offender who 245
is sentenced pursuant to division (G)(2) or (3) of this section 246
in any treatment program in lieu of imprisonment until after the 247
offender has served the ten or thirty consecutive days of 248
imprisonment required to be imposed pursuant to division (G)(2) 249
or (3) of this section. Notwithstanding any section of the 250
Revised Code that authorizes the suspension of the imposition or 251
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execution of a sentence or the placement of an offender in any 252
treatment program in lieu of imprisonment, no court, except as 253
specifically authorized by division (G)(1) of this section, shall 254
suspend the three consecutive days of imprisonment required to be 255
imposed by division (G)(1) of this section or place an offender 256
who is sentenced pursuant to division (G)(1) of this section in 257
any treatment program in lieu of imprisonment until after the 258
offender has served the three consecutive days of imprisonment 259
required to be imposed pursuant to division (G)(1) of this 260
section. 261
(H) Whoever violates section 1547.304 of the Revised Code 263
is guilty of a misdemeanor of the fourth degree and also shall be 264
assessed any costs incurred by the state or a county, township, 265
municipal corporation, or other political subdivision in 266
disposing of an abandoned junk vessel or outboard motor, less any 267
money accruing to the state, county, township, municipal 268
corporation, or other political subdivision from that disposal. 270
(I) Whoever violates division (B) or (C) of section 272
1547.49 of the Revised Code is guilty of a minor misdemeanor. 273
(J) Whoever violates section 1547.31 of the Revised Code 275
is guilty of a misdemeanor of the fourth degree on a first 276
offense. On each subsequent offense, the person is guilty of a 277
misdemeanor of the third degree.
(K) WHOEVER VIOLATES SECTION 1547.05 OF THE REVISED CODE 279
IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE IF THE VIOLATION 280
IS NOT RELATED TO A COLLISION, INJURY TO A PERSON, OR DAMAGE TO 281
PROPERTY AND A MISDEMEANOR OF THE THIRD DEGREE IF THE VIOLATION 282
IS RELATED TO A COLLISION, INJURY TO A PERSON, OR DAMAGE TO 283
PROPERTY.
(L) THE SENTENCING COURT, IN ADDITION TO THE PENALTY 285
PROVIDED UNDER THIS SECTION FOR A VIOLATION OF THIS CHAPTER OR A 286
RULE ADOPTED UNDER IT THAT INVOLVES A POWERCRAFT POWERED BY MORE 287
THAN TEN HORSEPOWER AND THAT, IN THE OPINION OF THE COURT, 288
INVOLVES A THREAT TO THE SAFETY OF PERSONS OR PROPERTY, SHALL 289
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ORDER THE OFFENDER TO COMPLETE SUCCESSFULLY A BOATING COURSE
APPROVED BY THE NATIONAL ASSOCIATION OF STATE BOATING LAW 290
ADMINISTRATORS BEFORE THE OFFENDER IS ALLOWED TO OPERATE A 291
POWERCRAFT POWERED BY MORE THAN TEN HORSEPOWER ON THE WATERS IN 292
THIS STATE. VIOLATION OF A COURT ORDER ENTERED UNDER THIS 293
DIVISION IS PUNISHABLE AS CONTEMPT UNDER CHAPTER 2705. OF THE 294
REVISED CODE.
Section 2. That existing sections 1547.06 and 1547.99 of 296
the Revised Code are hereby repealed. 297