As Passed by the House 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-CALLENDER-SALERNO-MASON-GRENDELL- 9
THOMAS-FORD-JONES-WINKLER-CORE 10
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A B I L L
To amend sections 1547.06 and 1547.99 and to enact 14
sections 1547.05 and 1547.051 of the Revised Code 15
to prohibit a person born on or after January 1, 16
1982, from operating powercraft powered by more 17
than ten horsepower unless the person 18
successfully has completed a safe boater course 19
or proficiency examination and to make other 20
changes to the law governing the operation of 21
powercraft. 22
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 24
Section 1. That sections 1547.06 and 1547.99 be amended 26
and sections 1547.05 and 1547.051 of the Revised Code be enacted 28
to read as follows:
Sec. 1547.05. NO PERSON BORN ON OR AFTER JANUARY 1, 1982, 31
SHALL OPERATE ON THE WATERS IN THIS STATE A POWERCRAFT POWERED BY 32
MORE THAN TEN HORSEPOWER, UNLESS THE OPERATOR SUCCESSFULLY HAS 33
COMPLETED EITHER A SAFE BOATER COURSE APPROVED BY THE NATIONAL 34
ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS OR A PROFICIENCY 35
EXAMINATION THAT TESTS KNOWLEDGE OF INFORMATION INCLUDED IN THE 36
CURRICULUM OF SUCH A COURSE, AND HAS RECEIVED A CERTIFICATE AS 37
EVIDENCE OF SUCCESSFUL COMPLETION OF THE COURSE OR EXAMINATION. 38
Sec. 1547.051. A PERSON BORN ON OR AFTER JANUARY 1, 1982, 41
WHO IS OPERATING ON THE WATERS IN THIS STATE A POWERCRAFT POWERED 42
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BY MORE THAN TEN HORSEPOWER AND WHO IS STOPPED BY A LAW 43
ENFORCEMENT OFFICER IN THE ENFORCEMENT OF CHAPTER 1547. OF THE 46
REVISED CODE OR RULES ADOPTED UNDER IT SHALL PRESENT TO THE LAW 48
ENFORCEMENT OFFICER, NOT LATER THAN SEVENTY-TWO HOURS AFTER BEING 49
STOPPED, A CERTIFICATE OBTAINED BY THE PERSON PURSUANT TO SECTION 50
1547.05 OF THE REVISED CODE PRIOR TO BEING STOPPED OR PROOF OF 53
HOLDING SUCH A CERTIFICATE. FAILURE OF THE PERSON TO PRESENT THE 54
CERTIFICATE OR PROOF OF HOLDING IT WITHIN SEVENTY-TWO HOURS 55
CONSTITUTES PRIMA-FACIE EVIDENCE OF A VIOLATION OF SECTION 56
1547.05 OF THE REVISED CODE.
Sec. 1547.06. (A) Except as otherwise provided in this 65
division, no person under sixteen years of age shall operate a 66
personal watercraft on the waters in this state. A person who is 67
not less than twelve, nor more than fifteen years of age may 68
operate a personal watercraft if a supervising person eighteen 69
years of age or older is aboard the personal watercraft AND, IN
THE CASE OF A SUPERVISING PERSON BORN ON OR AFTER JANUARY 1, 70
1982, IF THE SUPERVISING PERSON HOLDS A CERTIFICATE OBTAINED 71
UNDER SECTION 1547.05 OF THE REVISED CODE. 72
(B) No person under twelve years of age shall operate any 75
vessel that is not a personal watercraft on the waters in this 76
state unless the person is under the direct visual and audible 78
supervision, during the operation, of a person WHO IS eighteen 79
years of age or older AND, IN THE CASE OF SUCH A SUPERVISING 80
PERSON BORN ON OR AFTER JANUARY 1, 1982, WHO HOLDS A CERTIFICATE 81
OBTAINED UNDER SECTION 1547.05 OF THE REVISED CODE. If the 82
vessel is THIS DIVISION DOES NOT APPLY TO A PERSONAL WATERCRAFT, 84
WHICH SHALL BE GOVERNED BY DIVISION (A) OF THIS SECTION, OR TO a 85
powercraft, OTHER THAN A PERSONAL WATERCRAFT, powered by more 86
than ten horsepower, the supervising person WHICH shall be aboard 87
the powercraft GOVERNED BY DIVISION (C) OF THIS SECTION. 88
(C) NO PERSON UNDER TWELVE YEARS OF AGE SHALL OPERATE ON 90
THE WATERS IN THIS STATE A POWERCRAFT, OTHER THAN A PERSONAL 91
WATERCRAFT, POWERED BY MORE THAN TEN HORSEPOWER UNLESS THE PERSON 92
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IS UNDER THE DIRECT VISUAL AND AUDIBLE SUPERVISION, DURING THE 93
OPERATION, OF A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS 94
ABOARD THE POWERCRAFT AND, IN THE CASE OF SUCH A SUPERVISING
PERSON BORN ON OR AFTER JANUARY 1, 1982, WHO HOLDS A CERTIFICATE 95
OBTAINED UNDER SECTION 1547.05 OF THE REVISED CODE. 96
(D) No supervising person eighteen years of age or older 99
shall permit any person who is under the supervising person's 100
supervision and who is operating a vessel on the waters in this
state to violate any section of this chapter or a rule adopted 101
under it.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the 111
Revised Code is guilty of a felony of the fourth degree. 112
(B) Whoever violates section 1547.10, division (I) of 114
section 1547.111, section 1547.13, or section 1547.66 of the 115
Revised Code is guilty of a misdemeanor of the first degree. 116
(C) Whoever violates a provision of this chapter or a rule 118
adopted thereunder, for which no penalty is otherwise provided, 119
is guilty of a minor misdemeanor. 120
(D) Whoever violates section 1547.07 or 1547.12 of the 122
Revised Code without causing injury to persons or damage to 123
property is guilty of a misdemeanor of the fourth degree. 124
(E) Whoever violates section 1547.07 or 1547.12 of the 126
Revised Code causing injury to persons or damage to property is 127
guilty of a misdemeanor of the third degree. 128
(F) Whoever violates division (M) of section 1547.54, 130
division (G) of section 1547.30, or section 1547.131, 1547.25, 131
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the 132
Revised Code or a rule adopted under division (A)(2) of section 133
1547.52 of the Revised Code is guilty of a misdemeanor of the 134
fourth degree. 135
(G) Whoever violates section 1547.11 of the Revised Code 137
is guilty of a misdemeanor of the first degree and shall be 138
punished as provided in division (G)(1), (2), or (3) of this 139
section. 140
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(1) Except as otherwise provided in division (G)(2) or (3) 142
of this section, the court shall sentence the offender to a term 144
of imprisonment of three consecutive days and may sentence the 145
offender pursuant to section 2929.21 of the Revised Code to a 146
longer term of imprisonment. In addition, the court shall impose 147
upon the offender a fine of not less than one hundred fifty nor 148
more than one thousand dollars. 149
The court may suspend the execution of the mandatory three 151
consecutive days of imprisonment that it is required to impose by 152
division (G)(1) of this section if the court, in lieu of the 154
suspended term of imprisonment, places the offender on probation 155
and requires the offender to attend, for three consecutive days, 156
a drivers' intervention program that is certified pursuant to 157
section 3793.10 of the Revised Code. The court also may suspend 158
the execution of any part of the mandatory three consecutive days 159
of imprisonment that it is required to impose by division (G)(1) 161
of this section if the court places the offender on probation for 163
part of the three consecutive days; requires the offender to 164
attend, for that part of the three consecutive days, a drivers' 165
intervention program that is certified pursuant to section 166
3793.10 of the Revised Code; and sentences the offender to a term 167
of imprisonment equal to the remainder of the three consecutive 168
days that the offender does not spend attending the drivers' 169
intervention program. The court may require the offender, as a 170
condition of probation, to attend and satisfactorily complete any 171
treatment or education programs, in addition to the required 172
attendance at a drivers' intervention program, that the operators 173
of the drivers' intervention program determine that the offender 174
should attend and to report periodically to the court on the 175
offender's progress in the programs. The court also may impose 177
any other conditions of probation on the offender that it 178
considers necessary.
(2) If, within five years of the offense, the offender has 180
been convicted of or pleaded guilty to one violation of section 181
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1547.11 of the Revised Code, of a municipal ordinance relating to 182
operating a watercraft or manipulating any water skis, aquaplane, 183
or similar device while under the influence of alcohol, a drug of 184
abuse, or alcohol and a drug of abuse, of a municipal ordinance 185
relating to operating a watercraft or manipulating any water 186
skis, aquaplane, or similar device with a prohibited 187
concentration of alcohol in the blood, breath, or urine, or of 188
section 2903.06 or 2903.07 of the Revised Code in a case in which 189
the jury or judge found that the offender was under the influence 190
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the 191
court shall sentence the offender to a term of imprisonment of 192
ten consecutive days and may sentence the offender pursuant to 193
section 2929.21 of the Revised Code to a longer term of 194
imprisonment. In addition, the court shall impose upon the 195
offender a fine of not less than one hundred fifty nor more than 196
one thousand dollars. 197
In addition to any other sentence that it imposes upon the 199
offender, the court may require the offender to attend a drivers' 200
intervention program that is certified pursuant to section 201
3793.10 of the Revised Code. 202
(3) If, within five years of the offense, the offender has 204
been convicted of or pleaded guilty to more than one violation of 205
section 1547.11 of the Revised Code, of a municipal ordinance 206
relating to operating a watercraft or manipulating any water 207
skis, aquaplane, or similar device while under the influence of 208
alcohol, a drug of abuse, or alcohol and a drug of abuse, of a 209
municipal ordinance relating to operating a watercraft or 210
manipulating any water skis, aquaplane, or similar device with a 211
prohibited concentration of alcohol in the blood, breath, or 212
urine, or of section 2903.06 or 2903.07 of the Revised Code in a 213
case in which the jury or judge found that the offender was under 214
the influence of alcohol, a drug of abuse, or alcohol and a drug 215
of abuse, the court shall sentence the offender to a term of 216
imprisonment of thirty consecutive days and may sentence the 217
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offender to a longer term of imprisonment of not more than one 218
year. In addition, the court shall impose upon the offender a 219
fine of not less than one hundred fifty nor more than one 220
thousand dollars. 221
In addition to any other sentence that it imposes upon the 223
offender, the court may require the offender to attend a drivers' 224
intervention program that is certified pursuant to section 225
3793.10 of the Revised Code. 226
(4) Upon a showing that imprisonment would seriously 228
affect the ability of an offender sentenced pursuant to division 229
(G)(1), (2), or (3) of this section to continue the offender's 230
employment, the court may authorize that the offender be granted 232
work release from imprisonment after the offender has served the 233
three, ten, or thirty consecutive days of imprisonment that the 234
court is required by division (G)(1), (2), or (3) of this section 235
to impose. No court shall authorize work release from 236
imprisonment during the three, ten, or thirty consecutive days of 237
imprisonment that the court is required by division (G)(1), (2), 238
or (3) of this section to impose. The duration of the work 239
release shall not exceed the time necessary each day for the 240
offender to commute to and from the place of employment and the 241
place of imprisonment and the time actually spent under 242
employment.
(5) Notwithstanding any section of the Revised Code that 244
authorizes the suspension of the imposition or execution of a 245
sentence or the placement of an offender in any treatment program 246
in lieu of imprisonment, no court shall suspend the ten or thirty 247
consecutive days of imprisonment required to be imposed by 248
division (G)(2) or (3) of this section or place an offender who 249
is sentenced pursuant to division (G)(2) or (3) of this section 250
in any treatment program in lieu of imprisonment until after the 251
offender has served the ten or thirty consecutive days of 252
imprisonment required to be imposed pursuant to division (G)(2) 253
or (3) of this section. Notwithstanding any section of the 254
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Revised Code that authorizes the suspension of the imposition or 255
execution of a sentence or the placement of an offender in any 256
treatment program in lieu of imprisonment, no court, except as 257
specifically authorized by division (G)(1) of this section, shall 258
suspend the three consecutive days of imprisonment required to be 259
imposed by division (G)(1) of this section or place an offender 260
who is sentenced pursuant to division (G)(1) of this section in 261
any treatment program in lieu of imprisonment until after the 262
offender has served the three consecutive days of imprisonment 263
required to be imposed pursuant to division (G)(1) of this 264
section. 265
(H) Whoever violates section 1547.304 of the Revised Code 267
is guilty of a misdemeanor of the fourth degree and also shall be 268
assessed any costs incurred by the state or a county, township, 269
municipal corporation, or other political subdivision in 270
disposing of an abandoned junk vessel or outboard motor, less any 271
money accruing to the state, county, township, municipal 272
corporation, or other political subdivision from that disposal. 274
(I) Whoever violates division (B) or (C) of section 276
1547.49 of the Revised Code is guilty of a minor misdemeanor. 277
(J) Whoever violates section 1547.31 of the Revised Code 279
is guilty of a misdemeanor of the fourth degree on a first 280
offense. On each subsequent offense, the person is guilty of a 281
misdemeanor of the third degree.
(K) WHOEVER VIOLATES SECTION 1547.05 OF THE REVISED CODE 283
IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE IF THE VIOLATION 284
IS NOT RELATED TO A COLLISION, INJURY TO A PERSON, OR DAMAGE TO 285
PROPERTY AND A MISDEMEANOR OF THE THIRD DEGREE IF THE VIOLATION 286
IS RELATED TO A COLLISION, INJURY TO A PERSON, OR DAMAGE TO 287
PROPERTY.
(L) THE SENTENCING COURT, IN ADDITION TO THE PENALTY 289
PROVIDED UNDER THIS SECTION FOR A VIOLATION OF THIS CHAPTER OR A 290
RULE ADOPTED UNDER IT THAT INVOLVES A POWERCRAFT POWERED BY MORE 291
THAN TEN HORSEPOWER AND THAT, IN THE OPINION OF THE COURT, 292
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INVOLVES A THREAT TO THE SAFETY OF PERSONS OR PROPERTY, SHALL 293
ORDER THE OFFENDER TO COMPLETE SUCCESSFULLY A BOATING COURSE
APPROVED BY THE NATIONAL ASSOCIATION OF STATE BOATING LAW 294
ADMINISTRATORS BEFORE THE OFFENDER IS ALLOWED TO OPERATE A 295
POWERCRAFT POWERED BY MORE THAN TEN HORSEPOWER ON THE WATERS IN 296
THIS STATE. VIOLATION OF A COURT ORDER ENTERED UNDER THIS 297
DIVISION IS PUNISHABLE AS CONTEMPT UNDER CHAPTER 2705. OF THE 298
REVISED CODE.
Section 2. That existing sections 1547.06 and 1547.99 of 300
the Revised Code are hereby repealed. 301