As Reported by the House Transportation and Public Safety Committee 1
122nd General Assembly 4
Regular Session Am. 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 18
changes to the law governing the operation of 19
powercraft. 20
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 22
Section 1. That sections 1547.06 and 1547.99 be amended 24
and sections 1547.05 and 1547.051 of the Revised Code be enacted 26
to read as follows:
Sec. 1547.05. NO PERSON BORN ON OR AFTER JANUARY 1, 1982, 29
SHALL OPERATE ON THE WATERS IN THIS STATE A POWERCRAFT POWERED BY 30
MORE THAN TEN HORSEPOWER, UNLESS THE OPERATOR SUCCESSFULLY HAS 31
COMPLETED EITHER A SAFE BOATER COURSE APPROVED BY THE NATIONAL 32
ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS OR A PROFICIENCY 33
EXAMINATION THAT TESTS KNOWLEDGE OF INFORMATION INCLUDED IN THE 34
CURRICULUM OF SUCH A COURSE, AND HAS RECEIVED A CERTIFICATE AS 35
EVIDENCE OF SUCCESSFUL COMPLETION OF THE COURSE OR EXAMINATION. 36
Sec. 1547.051. A PERSON BORN ON OR AFTER JANUARY 1, 1982, 39
WHO IS OPERATING ON THE WATERS IN THIS STATE A POWERCRAFT POWERED 40
BY MORE THAN TEN HORSEPOWER AND WHO IS STOPPED BY A LAW 41
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ENFORCEMENT OFFICER IN THE ENFORCEMENT OF CHAPTER 1547. OF THE 44
REVISED CODE OR RULES ADOPTED UNDER IT SHALL PRESENT TO THE LAW 46
ENFORCEMENT OFFICER, NOT LATER THAN SEVENTY-TWO HOURS AFTER BEING 47
STOPPED, A CERTIFICATE OBTAINED BY THE PERSON PURSUANT TO SECTION 48
1547.05 OF THE REVISED CODE PRIOR TO BEING STOPPED OR PROOF OF 51
HOLDING SUCH A CERTIFICATE. FAILURE OF THE PERSON TO PRESENT THE 52
CERTIFICATE OR PROOF OF HOLDING IT WITHIN SEVENTY-TWO HOURS 53
CONSTITUTES PRIMA-FACIE EVIDENCE OF A VIOLATION OF SECTION 54
1547.05 OF THE REVISED CODE.
Sec. 1547.06. (A) Except as otherwise provided in this 63
division, no person under sixteen years of age shall operate a 64
personal watercraft on the waters in this state. A person who is 65
not less than twelve, nor more than fifteen years of age may 66
operate a personal watercraft if a supervising person eighteen 67
years of age or older is aboard the personal watercraft AND, IN
THE CASE OF A SUPERVISING PERSON BORN ON OR AFTER JANUARY 1, 68
1982, IF THE SUPERVISING PERSON HOLDS A CERTIFICATE OBTAINED 69
UNDER SECTION 1547.05 OF THE REVISED CODE. 70
(B) No person under twelve years of age shall operate any 73
vessel that is not a personal watercraft on the waters in this 74
state unless the person is under the direct visual and audible 76
supervision, during the operation, of a person WHO IS eighteen 77
years of age or older AND, IN THE CASE OF SUCH A SUPERVISING 78
PERSON BORN ON OR AFTER JANUARY 1, 1982, WHO HOLDS A CERTIFICATE 79
OBTAINED UNDER SECTION 1547.05 OF THE REVISED CODE. If the 80
vessel is THIS DIVISION DOES NOT APPLY TO A PERSONAL WATERCRAFT, 82
WHICH SHALL BE GOVERNED BY DIVISION (A) OF THIS SECTION, OR TO a 83
powercraft, OTHER THAN A PERSONAL WATERCRAFT, powered by more 84
than ten horsepower, the supervising person WHICH shall be aboard 85
the powercraft GOVERNED BY DIVISION (C) OF THIS SECTION. 86
(C) NO PERSON UNDER TWELVE YEARS OF AGE SHALL OPERATE ON 88
THE WATERS IN THIS STATE A POWERCRAFT, OTHER THAN A PERSONAL 89
WATERCRAFT, POWERED BY MORE THAN TEN HORSEPOWER UNLESS THE PERSON 90
IS UNDER THE DIRECT VISUAL AND AUDIBLE SUPERVISION, DURING THE 91
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OPERATION, OF A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS 92
ABOARD THE POWERCRAFT AND, IN THE CASE OF SUCH A SUPERVISING
PERSON BORN ON OR AFTER JANUARY 1, 1982, WHO HOLDS A CERTIFICATE 93
OBTAINED UNDER SECTION 1547.05 OF THE REVISED CODE. 94
(D) No supervising person eighteen years of age or older 97
shall permit any person who is under the supervising person's 98
supervision and who is operating a vessel on the waters in this
state to violate any section of this chapter or a rule adopted 99
under it.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the 109
Revised Code is guilty of a felony of the fourth degree. 110
(B) Whoever violates section 1547.10, division (I) of 112
section 1547.111, section 1547.13, or section 1547.66 of the 113
Revised Code is guilty of a misdemeanor of the first degree. 114
(C) Whoever violates a provision of this chapter or a rule 116
adopted thereunder, for which no penalty is otherwise provided, 117
is guilty of a minor misdemeanor. 118
(D) Whoever violates section 1547.07 or 1547.12 of the 120
Revised Code without causing injury to persons or damage to 121
property is guilty of a misdemeanor of the fourth degree. 122
(E) Whoever violates section 1547.07 or 1547.12 of the 124
Revised Code causing injury to persons or damage to property is 125
guilty of a misdemeanor of the third degree. 126
(F) Whoever violates division (M) of section 1547.54, 128
division (G) of section 1547.30, or section 1547.131, 1547.25, 129
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the 130
Revised Code or a rule adopted under division (A)(2) of section 131
1547.52 of the Revised Code is guilty of a misdemeanor of the 132
fourth degree. 133
(G) Whoever violates section 1547.11 of the Revised Code 135
is guilty of a misdemeanor of the first degree and shall be 136
punished as provided in division (G)(1), (2), or (3) of this 137
section. 138
(1) Except as otherwise provided in division (G)(2) or (3) 140
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of this section, the court shall sentence the offender to a term 142
of imprisonment of three consecutive days and may sentence the 143
offender pursuant to section 2929.21 of the Revised Code to a 144
longer term of imprisonment. In addition, the court shall impose 145
upon the offender a fine of not less than one hundred fifty nor 146
more than one thousand dollars. 147
The court may suspend the execution of the mandatory three 149
consecutive days of imprisonment that it is required to impose by 150
division (G)(1) of this section if the court, in lieu of the 152
suspended term of imprisonment, places the offender on probation 153
and requires the offender to attend, for three consecutive days, 154
a drivers' intervention program that is certified pursuant to 155
section 3793.10 of the Revised Code. The court also may suspend 156
the execution of any part of the mandatory three consecutive days 157
of imprisonment that it is required to impose by division (G)(1) 159
of this section if the court places the offender on probation for 161
part of the three consecutive days; requires the offender to 162
attend, for that part of the three consecutive days, a drivers' 163
intervention program that is certified pursuant to section 164
3793.10 of the Revised Code; and sentences the offender to a term 165
of imprisonment equal to the remainder of the three consecutive 166
days that the offender does not spend attending the drivers' 167
intervention program. The court may require the offender, as a 168
condition of probation, to attend and satisfactorily complete any 169
treatment or education programs, in addition to the required 170
attendance at a drivers' intervention program, that the operators 171
of the drivers' intervention program determine that the offender 172
should attend and to report periodically to the court on the 173
offender's progress in the programs. The court also may impose 175
any other conditions of probation on the offender that it 176
considers necessary.
(2) If, within five years of the offense, the offender has 178
been convicted of or pleaded guilty to one violation of section 179
1547.11 of the Revised Code, of a municipal ordinance relating to 180
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operating a watercraft or manipulating any water skis, aquaplane, 181
or similar device while under the influence of alcohol, a drug of 182
abuse, or alcohol and a drug of abuse, of a municipal ordinance 183
relating to operating a watercraft or manipulating any water 184
skis, aquaplane, or similar device with a prohibited 185
concentration of alcohol in the blood, breath, or urine, or of 186
section 2903.06 or 2903.07 of the Revised Code in a case in which 187
the jury or judge found that the offender was under the influence 188
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the 189
court shall sentence the offender to a term of imprisonment of 190
ten consecutive days and may sentence the offender pursuant to 191
section 2929.21 of the Revised Code to a longer term of 192
imprisonment. In addition, the court shall impose upon the 193
offender a fine of not less than one hundred fifty nor more than 194
one thousand dollars. 195
In addition to any other sentence that it imposes upon the 197
offender, the court may require the offender to attend a drivers' 198
intervention program that is certified pursuant to section 199
3793.10 of the Revised Code. 200
(3) If, within five years of the offense, the offender has 202
been convicted of or pleaded guilty to more than one violation of 203
section 1547.11 of the Revised Code, of a municipal ordinance 204
relating to operating a watercraft or manipulating any water 205
skis, aquaplane, or similar device while under the influence of 206
alcohol, a drug of abuse, or alcohol and a drug of abuse, of a 207
municipal ordinance relating to operating a watercraft or 208
manipulating any water skis, aquaplane, or similar device with a 209
prohibited concentration of alcohol in the blood, breath, or 210
urine, or of section 2903.06 or 2903.07 of the Revised Code in a 211
case in which the jury or judge found that the offender was under 212
the influence of alcohol, a drug of abuse, or alcohol and a drug 213
of abuse, the court shall sentence the offender to a term of 214
imprisonment of thirty consecutive days and may sentence the 215
offender to a longer term of imprisonment of not more than one 216
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year. In addition, the court shall impose upon the offender a 217
fine of not less than one hundred fifty nor more than one 218
thousand dollars. 219
In addition to any other sentence that it imposes upon the 221
offender, the court may require the offender to attend a drivers' 222
intervention program that is certified pursuant to section 223
3793.10 of the Revised Code. 224
(4) Upon a showing that imprisonment would seriously 226
affect the ability of an offender sentenced pursuant to division 227
(G)(1), (2), or (3) of this section to continue the offender's 228
employment, the court may authorize that the offender be granted 230
work release from imprisonment after the offender has served the 231
three, ten, or thirty consecutive days of imprisonment that the 232
court is required by division (G)(1), (2), or (3) of this section 233
to impose. No court shall authorize work release from 234
imprisonment during the three, ten, or thirty consecutive days of 235
imprisonment that the court is required by division (G)(1), (2), 236
or (3) of this section to impose. The duration of the work 237
release shall not exceed the time necessary each day for the 238
offender to commute to and from the place of employment and the 239
place of imprisonment and the time actually spent under 240
employment.
(5) Notwithstanding any section of the Revised Code that 242
authorizes the suspension of the imposition or execution of a 243
sentence or the placement of an offender in any treatment program 244
in lieu of imprisonment, no court shall suspend the ten or thirty 245
consecutive days of imprisonment required to be imposed by 246
division (G)(2) or (3) of this section or place an offender who 247
is sentenced pursuant to division (G)(2) or (3) of this section 248
in any treatment program in lieu of imprisonment until after the 249
offender has served the ten or thirty consecutive days of 250
imprisonment required to be imposed pursuant to division (G)(2) 251
or (3) of this section. Notwithstanding any section of the 252
Revised Code that authorizes the suspension of the imposition or 253
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execution of a sentence or the placement of an offender in any 254
treatment program in lieu of imprisonment, no court, except as 255
specifically authorized by division (G)(1) of this section, shall 256
suspend the three consecutive days of imprisonment required to be 257
imposed by division (G)(1) of this section or place an offender 258
who is sentenced pursuant to division (G)(1) of this section in 259
any treatment program in lieu of imprisonment until after the 260
offender has served the three consecutive days of imprisonment 261
required to be imposed pursuant to division (G)(1) of this 262
section. 263
(H) Whoever violates section 1547.304 of the Revised Code 265
is guilty of a misdemeanor of the fourth degree and also shall be 266
assessed any costs incurred by the state or a county, township, 267
municipal corporation, or other political subdivision in 268
disposing of an abandoned junk vessel or outboard motor, less any 269
money accruing to the state, county, township, municipal 270
corporation, or other political subdivision from that disposal. 272
(I) Whoever violates division (B) or (C) of section 274
1547.49 of the Revised Code is guilty of a minor misdemeanor. 275
(J) Whoever violates section 1547.31 of the Revised Code 277
is guilty of a misdemeanor of the fourth degree on a first 278
offense. On each subsequent offense, the person is guilty of a 279
misdemeanor of the third degree.
(K) WHOEVER VIOLATES SECTION 1547.05 OF THE REVISED CODE 281
IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE IF THE VIOLATION 282
IS NOT RELATED TO A COLLISION, INJURY TO A PERSON, OR DAMAGE TO 283
PROPERTY AND A MISDEMEANOR OF THE THIRD DEGREE IF THE VIOLATION 284
IS RELATED TO A COLLISION, INJURY TO A PERSON, OR DAMAGE TO 285
PROPERTY.
(L) THE SENTENCING COURT, IN ADDITION TO THE PENALTY 287
PROVIDED UNDER THIS SECTION FOR A VIOLATION OF THIS CHAPTER OR A 288
RULE ADOPTED UNDER IT THAT INVOLVES A POWERCRAFT POWERED BY MORE 289
THAN TEN HORSEPOWER AND THAT, IN THE OPINION OF THE COURT, 290
INVOLVES A THREAT TO THE SAFETY OF PERSONS OR PROPERTY, SHALL 291
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ORDER THE OFFENDER TO COMPLETE SUCCESSFULLY A BOATING COURSE
APPROVED BY THE NATIONAL ASSOCIATION OF STATE BOATING LAW 292
ADMINISTRATORS BEFORE THE OFFENDER IS ALLOWED TO OPERATE A 293
POWERCRAFT POWERED BY MORE THAN TEN HORSEPOWER ON THE WATERS IN 294
THIS STATE. VIOLATION OF A COURT ORDER ENTERED UNDER THIS 295
DIVISION IS PUNISHABLE AS CONTEMPT UNDER CHAPTER 2705. OF THE 296
REVISED CODE.
Section 2. That existing sections 1547.06 and 1547.99 of 298
the Revised Code are hereby repealed. 299