As Reported by the Senate Highways and Transportation Committee 1
122nd General Assembly 4
Regular Session Sub. 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
12
A B I L L
To amend sections 1547.06 and 1547.99 and to enact 14
sections 1547.05, 1547.051, and 1547.052 of the 15
Revised Code to prohibit a person born on or 16
after January 1, 1982, from operating powercraft 17
powered by more than ten horsepower unless the 18
person successfully has completed a safe boater 19
course or proficiency examination, to make other 20
changes to the law governing the operation of 21
powercraft, and to delay the effective date of 22
this act until January 1, 2000.
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, 1547.051, and 1547.052 of the Revised Code 27
be enacted to read as follows: 28
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 PROCTORED OR 35
NONPROCTORED PROFICIENCY EXAMINATION THAT TESTS KNOWLEDGE OF 37
INFORMATION INCLUDED IN THE CURRICULUM OF SUCH A COURSE, AND HAS 38
RECEIVED A CERTIFICATE AS EVIDENCE OF SUCCESSFUL COMPLETION OF 39
THE COURSE OR EXAMINATION.
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Sec. 1547.051. A PERSON BORN ON OR AFTER JANUARY 1, 1982, 42
WHO IS OPERATING ON THE WATERS IN THIS STATE A POWERCRAFT POWERED 43
BY MORE THAN TEN HORSEPOWER AND WHO IS STOPPED BY A LAW 44
ENFORCEMENT OFFICER IN THE ENFORCEMENT OF CHAPTER 1547. OF THE 47
REVISED CODE OR RULES ADOPTED UNDER IT SHALL PRESENT TO THE LAW 49
ENFORCEMENT OFFICER, NOT LATER THAN SEVENTY-TWO HOURS AFTER BEING 50
STOPPED, A CERTIFICATE OBTAINED BY THE PERSON PURSUANT TO SECTION 51
1547.05 OF THE REVISED CODE PRIOR TO BEING STOPPED OR PROOF OF 54
HOLDING SUCH A CERTIFICATE. FAILURE OF THE PERSON TO PRESENT THE 55
CERTIFICATE OR PROOF OF HOLDING IT WITHIN SEVENTY-TWO HOURS 56
CONSTITUTES PRIMA-FACIE EVIDENCE OF A VIOLATION OF SECTION 57
1547.05 OF THE REVISED CODE.
Sec. 1547.052. (A) NO RENTAL BUSINESS SHALL LEASE, HIRE, 60
OR RENT A POWERCRAFT POWERED BY MORE THAN TEN HORSEPOWER FOR 61
OPERATION ON THE WATERS IN THIS STATE TO A PERSON BORN ON OR 62
AFTER JANUARY 1, 1982, UNLESS THE PERSON MEETS ONE OF THE 63
FOLLOWING REQUIREMENTS: 64
(1) THE PERSON SIGNS AN AFFIDAVIT THAT THEY HAVE 66
SUCCESSFULLY COMPLETED A SAFE BOATER COURSE APPROVED BY THE 67
NATIONAL ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS OR HAVE 68
SUCCESSFULLY COMPLETED A PROFICIENCY EXAMINATION AS PROVIDED IN 69
SECTION 1547.05 OF THE REVISED CODE. 71
(2) THE PERSON RECEIVES EDUCATIONAL MATERIALS FROM THE 73
RENTAL BUSINESS AND SUCCESSFULLY PASSES, WITH A SCORE OF NINETY 74
PER CENT OR BETTER, AN ABBREVIATED EXAMINATION GIVEN BY THE 75
RENTAL BUSINESS. THE ACHIEVEMENT OF A PASSING SCORE ON THE 76
EXAMINATION SHALL BE INDICATED ON OR ATTACHED TO THE POWERCRAFT 77
RENTAL AGREEMENT. 78
(B) ANY PERSON BORN ON OR AFTER JANUARY 1, 1982, OPERATING 82
OR SUPERVISING THE OPERATION OF A LEASED, HIRED, OR RENTED 83
POWERCRAFT SHALL:
(1) MEET THE REQUIREMENTS FOR BOATER EDUCATION OF DIVISION 86
(A) OF THIS SECTION. 87
(2) BE NAMED AS AN OPERATOR ON THE AGREEMENT THAT LEASES, 89
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HIRES, OR RENTS THE POWERCRAFT. 90
(C) THE DIVISION OF WATERCRAFT SHALL MAKE AVAILABLE TO ALL 93
WATERCRAFT RENTAL BUSINESSES IN OHIO BOATER SAFETY EDUCATIONAL 95
MATERIALS AND AN ABBREVIATED EXAMINATION THAT SHALL BE USED BY 96
THE WATERCRAFT RENTAL BUSINESS FOR THE PURPOSES OF DIVISION 97
(A)(2) OF THIS SECTION. 98
Sec. 1547.06. (A) Except as otherwise provided in this 107
division, no person under sixteen years of age shall operate a 108
personal watercraft on the waters in this state. A person who is 109
not less than twelve, nor more than fifteen years of age may 110
operate a personal watercraft if a supervising person eighteen 111
years of age or older is aboard the personal watercraft AND, IN
THE CASE OF A SUPERVISING PERSON BORN ON OR AFTER JANUARY 1, 112
1982, IF THE SUPERVISING PERSON HOLDS A CERTIFICATE OBTAINED 113
UNDER SECTION 1547.05 OF THE REVISED CODE OR, IN THE CASE OF A 116
RENTED POWERCRAFT, MEETS THE REQUIREMENTS OF SECTION 1547.052 OF 117
THE REVISED CODE.
(B) No person under twelve years of age shall operate any 120
vessel that is not a personal watercraft on the waters in this 121
state unless the person is under the direct visual and audible 123
supervision, during the operation, of a person WHO IS eighteen 124
years of age or older. If the vessel is THIS DIVISION DOES NOT 125
APPLY TO A PERSONAL WATERCRAFT, WHICH SHALL BE GOVERNED BY 127
DIVISION (A) OF THIS SECTION, OR TO a powercraft, OTHER THAN A 128
PERSONAL WATERCRAFT, powered by more than ten horsepower, the 129
supervising person WHICH shall be aboard the powercraft GOVERNED 130
BY DIVISION (C) OF THIS SECTION. 131
(C) NO PERSON UNDER TWELVE YEARS OF AGE SHALL OPERATE ON 133
THE WATERS IN THIS STATE A POWERCRAFT, OTHER THAN A PERSONAL 134
WATERCRAFT, POWERED BY MORE THAN TEN HORSEPOWER UNLESS THE PERSON 135
IS UNDER THE DIRECT VISUAL AND AUDIBLE SUPERVISION, DURING THE 136
OPERATION, OF A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS 137
ABOARD THE POWERCRAFT AND, IN THE CASE OF SUCH A SUPERVISING
PERSON BORN ON OR AFTER JANUARY 1, 1982, WHO HOLDS A CERTIFICATE 138
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OBTAINED UNDER SECTION 1547.05 OF THE REVISED CODE OR, IN THE 140
CASE OF A RENTED POWERCRAFT, MEETS THE REQUIREMENTS OF SECTION 141
1547.052 OF THE REVISED CODE. 142
(D) No supervising person eighteen years of age or older 145
shall permit any person who is under the supervising person's 146
supervision and who is operating a vessel on the waters in this
state to violate any section of this chapter or a rule adopted 147
under it.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the 157
Revised Code is guilty of a felony of the fourth degree. 158
(B) Whoever violates section 1547.10, division (I) of 160
section 1547.111, section 1547.13, or section 1547.66 of the 161
Revised Code is guilty of a misdemeanor of the first degree. 162
(C) Whoever violates a provision of this chapter or a rule 164
adopted thereunder, for which no penalty is otherwise provided, 165
is guilty of a minor misdemeanor. 166
(D) Whoever violates section 1547.07 or 1547.12 of the 168
Revised Code without causing injury to persons or damage to 169
property is guilty of a misdemeanor of the fourth degree. 170
(E) Whoever violates section 1547.07 or 1547.12 of the 172
Revised Code causing injury to persons or damage to property is 173
guilty of a misdemeanor of the third degree. 174
(F) Whoever violates division (M) of section 1547.54, 176
division (G) of section 1547.30, or section 1547.131, 1547.25, 177
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the 178
Revised Code or a rule adopted under division (A)(2) of section 179
1547.52 of the Revised Code is guilty of a misdemeanor of the 180
fourth degree. 181
(G) Whoever violates section 1547.11 of the Revised Code 183
is guilty of a misdemeanor of the first degree and shall be 184
punished as provided in division (G)(1), (2), or (3) of this 185
section. 186
(1) Except as otherwise provided in division (G)(2) or (3) 188
of this section, the court shall sentence the offender to a term 190
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of imprisonment of three consecutive days and may sentence the 191
offender pursuant to section 2929.21 of the Revised Code to a 192
longer term of imprisonment. In addition, the court shall impose 193
upon the offender a fine of not less than one hundred fifty nor 194
more than one thousand dollars. 195
The court may suspend the execution of the mandatory three 197
consecutive days of imprisonment that it is required to impose by 198
division (G)(1) of this section if the court, in lieu of the 200
suspended term of imprisonment, places the offender on probation 201
and requires the offender to attend, for three consecutive days, 202
a drivers' intervention program that is certified pursuant to 203
section 3793.10 of the Revised Code. The court also may suspend 204
the execution of any part of the mandatory three consecutive days 205
of imprisonment that it is required to impose by division (G)(1) 207
of this section if the court places the offender on probation for 209
part of the three consecutive days; requires the offender to 210
attend, for that part of the three consecutive days, a drivers' 211
intervention program that is certified pursuant to section 212
3793.10 of the Revised Code; and sentences the offender to a term 213
of imprisonment equal to the remainder of the three consecutive 214
days that the offender does not spend attending the drivers' 215
intervention program. The court may require the offender, as a 216
condition of probation, to attend and satisfactorily complete any 217
treatment or education programs, in addition to the required 218
attendance at a drivers' intervention program, that the operators 219
of the drivers' intervention program determine that the offender 220
should attend and to report periodically to the court on the 221
offender's progress in the programs. The court also may impose 223
any other conditions of probation on the offender that it 224
considers necessary.
(2) If, within five years of the offense, the offender has 226
been convicted of or pleaded guilty to one violation of section 227
1547.11 of the Revised Code, of a municipal ordinance relating to 228
operating a watercraft or manipulating any water skis, aquaplane, 229
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or similar device while under the influence of alcohol, a drug of 230
abuse, or alcohol and a drug of abuse, of a municipal ordinance 231
relating to operating a watercraft or manipulating any water 232
skis, aquaplane, or similar device with a prohibited 233
concentration of alcohol in the blood, breath, or urine, or of 234
section 2903.06 or 2903.07 of the Revised Code in a case in which 235
the jury or judge found that the offender was under the influence 236
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the 237
court shall sentence the offender to a term of imprisonment of 238
ten consecutive days and may sentence the offender pursuant to 239
section 2929.21 of the Revised Code to a longer term of 240
imprisonment. In addition, the court shall impose upon the 241
offender a fine of not less than one hundred fifty nor more than 242
one thousand dollars. 243
In addition to any other sentence that it imposes upon the 245
offender, the court may require the offender to attend a drivers' 246
intervention program that is certified pursuant to section 247
3793.10 of the Revised Code. 248
(3) If, within five years of the offense, the offender has 250
been convicted of or pleaded guilty to more than one violation of 251
section 1547.11 of the Revised Code, of a municipal ordinance 252
relating to operating a watercraft or manipulating any water 253
skis, aquaplane, or similar device while under the influence of 254
alcohol, a drug of abuse, or alcohol and a drug of abuse, of a 255
municipal ordinance relating to operating a watercraft or 256
manipulating any water skis, aquaplane, or similar device with a 257
prohibited concentration of alcohol in the blood, breath, or 258
urine, or of section 2903.06 or 2903.07 of the Revised Code in a 259
case in which the jury or judge found that the offender was under 260
the influence of alcohol, a drug of abuse, or alcohol and a drug 261
of abuse, the court shall sentence the offender to a term of 262
imprisonment of thirty consecutive days and may sentence the 263
offender to a longer term of imprisonment of not more than one 264
year. In addition, the court shall impose upon the offender a 265
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fine of not less than one hundred fifty nor more than one 266
thousand dollars. 267
In addition to any other sentence that it imposes upon the 269
offender, the court may require the offender to attend a drivers' 270
intervention program that is certified pursuant to section 271
3793.10 of the Revised Code. 272
(4) Upon a showing that imprisonment would seriously 274
affect the ability of an offender sentenced pursuant to division 275
(G)(1), (2), or (3) of this section to continue the offender's 276
employment, the court may authorize that the offender be granted 278
work release from imprisonment after the offender has served the 279
three, ten, or thirty consecutive days of imprisonment that the 280
court is required by division (G)(1), (2), or (3) of this section 281
to impose. No court shall authorize work release from 282
imprisonment during the three, ten, or thirty consecutive days of 283
imprisonment that the court is required by division (G)(1), (2), 284
or (3) of this section to impose. The duration of the work 285
release shall not exceed the time necessary each day for the 286
offender to commute to and from the place of employment and the 287
place of imprisonment and the time actually spent under 288
employment.
(5) Notwithstanding any section of the Revised Code that 290
authorizes the suspension of the imposition or execution of a 291
sentence or the placement of an offender in any treatment program 292
in lieu of imprisonment, no court shall suspend the ten or thirty 293
consecutive days of imprisonment required to be imposed by 294
division (G)(2) or (3) of this section or place an offender who 295
is sentenced pursuant to division (G)(2) or (3) of this section 296
in any treatment program in lieu of imprisonment until after the 297
offender has served the ten or thirty consecutive days of 298
imprisonment required to be imposed pursuant to division (G)(2) 299
or (3) of this section. Notwithstanding any section of the 300
Revised Code that authorizes the suspension of the imposition or 301
execution of a sentence or the placement of an offender in any 302
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treatment program in lieu of imprisonment, no court, except as 303
specifically authorized by division (G)(1) of this section, shall 304
suspend the three consecutive days of imprisonment required to be 305
imposed by division (G)(1) of this section or place an offender 306
who is sentenced pursuant to division (G)(1) of this section in 307
any treatment program in lieu of imprisonment until after the 308
offender has served the three consecutive days of imprisonment 309
required to be imposed pursuant to division (G)(1) of this 310
section. 311
(H) Whoever violates section 1547.304 of the Revised Code 313
is guilty of a misdemeanor of the fourth degree and also shall be 314
assessed any costs incurred by the state or a county, township, 315
municipal corporation, or other political subdivision in 316
disposing of an abandoned junk vessel or outboard motor, less any 317
money accruing to the state, county, township, municipal 318
corporation, or other political subdivision from that disposal. 320
(I) Whoever violates division (B) or (C) of section 322
1547.49 of the Revised Code is guilty of a minor misdemeanor. 323
(J) Whoever violates section 1547.31 of the Revised Code 325
is guilty of a misdemeanor of the fourth degree on a first 326
offense. On each subsequent offense, the person is guilty of a 327
misdemeanor of the third degree.
(K) WHOEVER VIOLATES SECTION 1547.05 OR 1547.051 OF THE 329
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE IF 330
THE VIOLATION IS NOT RELATED TO A COLLISION, INJURY TO A PERSON, 331
OR DAMAGE TO PROPERTY AND A MISDEMEANOR OF THE THIRD DEGREE IF 332
THE VIOLATION IS RELATED TO A COLLISION, INJURY TO A PERSON, OR 333
DAMAGE TO PROPERTY.
(L) THE SENTENCING COURT, IN ADDITION TO THE PENALTY 335
PROVIDED UNDER THIS SECTION FOR A VIOLATION OF THIS CHAPTER OR A 336
RULE ADOPTED UNDER IT THAT INVOLVES A POWERCRAFT POWERED BY MORE 337
THAN TEN HORSEPOWER AND THAT, IN THE OPINION OF THE COURT, 338
INVOLVES A THREAT TO THE SAFETY OF PERSONS OR PROPERTY, SHALL 339
ORDER THE OFFENDER TO COMPLETE SUCCESSFULLY A BOATING COURSE
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APPROVED BY THE NATIONAL ASSOCIATION OF STATE BOATING LAW 340
ADMINISTRATORS BEFORE THE OFFENDER IS ALLOWED TO OPERATE A 341
POWERCRAFT POWERED BY MORE THAN TEN HORSEPOWER ON THE WATERS IN 342
THIS STATE. VIOLATION OF A COURT ORDER ENTERED UNDER THIS 343
DIVISION IS PUNISHABLE AS CONTEMPT UNDER CHAPTER 2705. OF THE 344
REVISED CODE.
Section 2. That existing sections 1547.06 and 1547.99 of 346
the Revised Code are hereby repealed. 347
Section 3. Sections 1 and 2 of this act shall take effect 349
January 1, 2000. 350