As Passed by the Senate 1
122nd General Assembly 4
Regular Session Am. 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-SENATORS OELSLAGER-MUMPER- 10
KEARNS-DRAKE 11
13
A B I L L
To amend sections 1547.06 and 1547.99 and to enact 15
sections 1547.05, 1547.051, and 1547.052 of the 16
Revised Code to prohibit a person born on or 17
after January 1, 1982, from operating powercraft 18
powered by more than ten horsepower unless the 19
person successfully has completed a safe boater 20
course or proficiency examination, to make other 21
changes to the law governing the operation of 22
powercraft, and to delay the effective date of 23
this act until January 1, 2000.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 1547.06 and 1547.99 be amended 27
and sections 1547.05, 1547.051, and 1547.052 of the Revised Code 28
be enacted to read as follows: 29
Sec. 1547.05. NO PERSON BORN ON OR AFTER JANUARY 1, 1982, 32
SHALL OPERATE ON THE WATERS IN THIS STATE A POWERCRAFT POWERED BY 33
MORE THAN TEN HORSEPOWER, UNLESS THE OPERATOR SUCCESSFULLY HAS 34
COMPLETED EITHER A SAFE BOATER COURSE APPROVED BY THE NATIONAL 35
ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS OR A PROCTORED OR 36
NONPROCTORED PROFICIENCY EXAMINATION THAT TESTS KNOWLEDGE OF 38
INFORMATION INCLUDED IN THE CURRICULUM OF SUCH A COURSE, AND HAS 39
RECEIVED A CERTIFICATE AS EVIDENCE OF SUCCESSFUL COMPLETION OF 40
2
THE COURSE OR EXAMINATION.
Sec. 1547.051. A PERSON BORN ON OR AFTER JANUARY 1, 1982, 43
WHO IS OPERATING ON THE WATERS IN THIS STATE A POWERCRAFT POWERED 44
BY MORE THAN TEN HORSEPOWER AND WHO IS STOPPED BY A LAW 45
ENFORCEMENT OFFICER IN THE ENFORCEMENT OF CHAPTER 1547. OF THE 48
REVISED CODE OR RULES ADOPTED UNDER IT SHALL PRESENT TO THE LAW 50
ENFORCEMENT OFFICER, NOT LATER THAN SEVENTY-TWO HOURS AFTER BEING 51
STOPPED, A CERTIFICATE OBTAINED BY THE PERSON PURSUANT TO SECTION 52
1547.05 OF THE REVISED CODE PRIOR TO BEING STOPPED OR PROOF OF 55
HOLDING SUCH A CERTIFICATE. FAILURE OF THE PERSON TO PRESENT THE 56
CERTIFICATE OR PROOF OF HOLDING IT WITHIN SEVENTY-TWO HOURS 57
CONSTITUTES PRIMA-FACIE EVIDENCE OF A VIOLATION OF SECTION 58
1547.05 OF THE REVISED CODE.
Sec. 1547.052. (A) NO RENTAL BUSINESS SHALL LEASE, HIRE, 61
OR RENT A POWERCRAFT POWERED BY MORE THAN TEN HORSEPOWER FOR 62
OPERATION ON THE WATERS IN THIS STATE TO A PERSON BORN ON OR 63
AFTER JANUARY 1, 1982, UNLESS THE PERSON MEETS ONE OF THE 64
FOLLOWING REQUIREMENTS: 65
(1) THE PERSON SIGNS AN AFFIDAVIT THAT THE PERSON HAS 67
SUCCESSFULLY COMPLETED A SAFE BOATER COURSE APPROVED BY THE 68
NATIONAL ASSOCIATION OF STATE BOATING LAW ADMINISTRATORS OR HAS 69
SUCCESSFULLY COMPLETED A PROFICIENCY EXAMINATION AS PROVIDED IN 70
SECTION 1547.05 OF THE REVISED CODE. 72
(2) THE PERSON RECEIVES EDUCATIONAL MATERIALS FROM THE 74
RENTAL BUSINESS AND SUCCESSFULLY PASSES, WITH A SCORE OF NINETY 75
PER CENT OR BETTER, AN ABBREVIATED EXAMINATION GIVEN BY THE 76
RENTAL BUSINESS. THE ACHIEVEMENT OF A PASSING SCORE ON THE 77
EXAMINATION SHALL BE INDICATED ON OR ATTACHED TO THE POWERCRAFT 78
RENTAL AGREEMENT. 79
(B) ANY PERSON BORN ON OR AFTER JANUARY 1, 1982, OPERATING 83
OR SUPERVISING THE OPERATION OF A LEASED, HIRED, OR RENTED 84
POWERCRAFT SHALL:
(1) MEET THE REQUIREMENTS FOR BOATER EDUCATION OF DIVISION 87
(A) OF THIS SECTION. 88
3
(2) BE NAMED AS AN OPERATOR ON THE AGREEMENT THAT LEASES, 90
HIRES, OR RENTS THE POWERCRAFT. 91
(C) THE DIVISION OF WATERCRAFT SHALL MAKE AVAILABLE TO ALL 94
WATERCRAFT RENTAL BUSINESSES IN OHIO BOATER SAFETY EDUCATIONAL 96
MATERIALS AND AN ABBREVIATED EXAMINATION THAT SHALL BE USED BY 97
THE WATERCRAFT RENTAL BUSINESS FOR THE PURPOSES OF DIVISION 98
(A)(2) OF THIS SECTION. 99
Sec. 1547.06. (A) Except as otherwise provided in this 108
division, no person under sixteen years of age shall operate a 109
personal watercraft on the waters in this state. A person who is 110
not less than twelve, nor more than fifteen years of age may 111
operate a personal watercraft if a supervising person eighteen 112
years of age or older is aboard the personal watercraft AND, IN
THE CASE OF A SUPERVISING PERSON BORN ON OR AFTER JANUARY 1, 113
1982, IF THE SUPERVISING PERSON HOLDS A CERTIFICATE OBTAINED 114
UNDER SECTION 1547.05 OF THE REVISED CODE OR, IN THE CASE OF A 117
RENTED POWERCRAFT, MEETS THE REQUIREMENTS OF SECTION 1547.052 OF 118
THE REVISED CODE.
(B) No person under twelve years of age shall operate any 121
vessel that is not a personal watercraft on the waters in this 122
state unless the person is under the direct visual and audible 124
supervision, during the operation, of a person WHO IS eighteen 125
years of age or older. If the vessel is THIS DIVISION DOES NOT 126
APPLY TO A PERSONAL WATERCRAFT, WHICH SHALL BE GOVERNED BY 128
DIVISION (A) OF THIS SECTION, OR TO a powercraft, OTHER THAN A 129
PERSONAL WATERCRAFT, powered by more than ten horsepower, the 130
supervising person WHICH shall be aboard the powercraft GOVERNED 131
BY DIVISION (C) OF THIS SECTION. 132
(C) NO PERSON UNDER TWELVE YEARS OF AGE SHALL OPERATE ON 134
THE WATERS IN THIS STATE A POWERCRAFT, OTHER THAN A PERSONAL 135
WATERCRAFT, POWERED BY MORE THAN TEN HORSEPOWER UNLESS THE PERSON 136
IS UNDER THE DIRECT VISUAL AND AUDIBLE SUPERVISION, DURING THE 137
OPERATION, OF A PERSON EIGHTEEN YEARS OF AGE OR OLDER WHO IS 138
ABOARD THE POWERCRAFT AND, IN THE CASE OF SUCH A SUPERVISING
4
PERSON BORN ON OR AFTER JANUARY 1, 1982, WHO HOLDS A CERTIFICATE 139
OBTAINED UNDER SECTION 1547.05 OF THE REVISED CODE OR, IN THE 141
CASE OF A RENTED POWERCRAFT, MEETS THE REQUIREMENTS OF SECTION 142
1547.052 OF THE REVISED CODE. 143
(D) No supervising person eighteen years of age or older 146
shall permit any person who is under the supervising person's 147
supervision and who is operating a vessel on the waters in this
state to violate any section of this chapter or a rule adopted 148
under it.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the 158
Revised Code is guilty of a felony of the fourth degree. 159
(B) Whoever violates section 1547.10, division (I) of 161
section 1547.111, section 1547.13, or section 1547.66 of the 162
Revised Code is guilty of a misdemeanor of the first degree. 163
(C) Whoever violates a provision of this chapter or a rule 165
adopted thereunder, for which no penalty is otherwise provided, 166
is guilty of a minor misdemeanor. 167
(D) Whoever violates section 1547.07 or 1547.12 of the 169
Revised Code without causing injury to persons or damage to 170
property is guilty of a misdemeanor of the fourth degree. 171
(E) Whoever violates section 1547.07 or 1547.12 of the 173
Revised Code causing injury to persons or damage to property is 174
guilty of a misdemeanor of the third degree. 175
(F) Whoever violates division (M) of section 1547.54, 177
division (G) of section 1547.30, or section 1547.131, 1547.25, 178
1547.33, 1547.38, 1547.39, 1547.40, 1547.69, or 1547.92 of the 179
Revised Code or a rule adopted under division (A)(2) of section 180
1547.52 of the Revised Code is guilty of a misdemeanor of the 181
fourth degree. 182
(G) Whoever violates section 1547.11 of the Revised Code 184
is guilty of a misdemeanor of the first degree and shall be 185
punished as provided in division (G)(1), (2), or (3) of this 186
section. 187
(1) Except as otherwise provided in division (G)(2) or (3) 189
5
of this section, the court shall sentence the offender to a term 191
of imprisonment of three consecutive days and may sentence the 192
offender pursuant to section 2929.21 of the Revised Code to a 193
longer term of imprisonment. In addition, the court shall impose 194
upon the offender a fine of not less than one hundred fifty nor 195
more than one thousand dollars. 196
The court may suspend the execution of the mandatory three 198
consecutive days of imprisonment that it is required to impose by 199
division (G)(1) of this section if the court, in lieu of the 201
suspended term of imprisonment, places the offender on probation 202
and requires the offender to attend, for three consecutive days, 203
a drivers' intervention program that is certified pursuant to 204
section 3793.10 of the Revised Code. The court also may suspend 205
the execution of any part of the mandatory three consecutive days 206
of imprisonment that it is required to impose by division (G)(1) 208
of this section if the court places the offender on probation for 210
part of the three consecutive days; requires the offender to 211
attend, for that part of the three consecutive days, a drivers' 212
intervention program that is certified pursuant to section 213
3793.10 of the Revised Code; and sentences the offender to a term 214
of imprisonment equal to the remainder of the three consecutive 215
days that the offender does not spend attending the drivers' 216
intervention program. The court may require the offender, as a 217
condition of probation, to attend and satisfactorily complete any 218
treatment or education programs, in addition to the required 219
attendance at a drivers' intervention program, that the operators 220
of the drivers' intervention program determine that the offender 221
should attend and to report periodically to the court on the 222
offender's progress in the programs. The court also may impose 224
any other conditions of probation on the offender that it 225
considers necessary.
(2) If, within five years of the offense, the offender has 227
been convicted of or pleaded guilty to one violation of section 228
1547.11 of the Revised Code, of a municipal ordinance relating to 229
6
operating a watercraft or manipulating any water skis, aquaplane, 230
or similar device while under the influence of alcohol, a drug of 231
abuse, or alcohol and a drug of abuse, of a municipal ordinance 232
relating to operating a watercraft or manipulating any water 233
skis, aquaplane, or similar device with a prohibited 234
concentration of alcohol in the blood, breath, or urine, or of 235
section 2903.06 or 2903.07 of the Revised Code in a case in which 236
the jury or judge found that the offender was under the influence 237
of alcohol, a drug of abuse, or alcohol and a drug of abuse, the 238
court shall sentence the offender to a term of imprisonment of 239
ten consecutive days and may sentence the offender pursuant to 240
section 2929.21 of the Revised Code to a longer term of 241
imprisonment. In addition, the court shall impose upon the 242
offender a fine of not less than one hundred fifty nor more than 243
one thousand dollars. 244
In addition to any other sentence that it imposes upon the 246
offender, the court may require the offender to attend a drivers' 247
intervention program that is certified pursuant to section 248
3793.10 of the Revised Code. 249
(3) If, within five years of the offense, the offender has 251
been convicted of or pleaded guilty to more than one violation of 252
section 1547.11 of the Revised Code, of a municipal ordinance 253
relating to operating a watercraft or manipulating any water 254
skis, aquaplane, or similar device while under the influence of 255
alcohol, a drug of abuse, or alcohol and a drug of abuse, of a 256
municipal ordinance relating to operating a watercraft or 257
manipulating any water skis, aquaplane, or similar device with a 258
prohibited concentration of alcohol in the blood, breath, or 259
urine, or of section 2903.06 or 2903.07 of the Revised Code in a 260
case in which the jury or judge found that the offender was under 261
the influence of alcohol, a drug of abuse, or alcohol and a drug 262
of abuse, the court shall sentence the offender to a term of 263
imprisonment of thirty consecutive days and may sentence the 264
offender to a longer term of imprisonment of not more than one 265
7
year. In addition, the court shall impose upon the offender a 266
fine of not less than one hundred fifty nor more than one 267
thousand dollars. 268
In addition to any other sentence that it imposes upon the 270
offender, the court may require the offender to attend a drivers' 271
intervention program that is certified pursuant to section 272
3793.10 of the Revised Code. 273
(4) Upon a showing that imprisonment would seriously 275
affect the ability of an offender sentenced pursuant to division 276
(G)(1), (2), or (3) of this section to continue the offender's 277
employment, the court may authorize that the offender be granted 279
work release from imprisonment after the offender has served the 280
three, ten, or thirty consecutive days of imprisonment that the 281
court is required by division (G)(1), (2), or (3) of this section 282
to impose. No court shall authorize work release from 283
imprisonment during the three, ten, or thirty consecutive days of 284
imprisonment that the court is required by division (G)(1), (2), 285
or (3) of this section to impose. The duration of the work 286
release shall not exceed the time necessary each day for the 287
offender to commute to and from the place of employment and the 288
place of imprisonment and the time actually spent under 289
employment.
(5) Notwithstanding any section of the Revised Code that 291
authorizes the suspension of the imposition or execution of a 292
sentence or the placement of an offender in any treatment program 293
in lieu of imprisonment, no court shall suspend the ten or thirty 294
consecutive days of imprisonment required to be imposed by 295
division (G)(2) or (3) of this section or place an offender who 296
is sentenced pursuant to division (G)(2) or (3) of this section 297
in any treatment program in lieu of imprisonment until after the 298
offender has served the ten or thirty consecutive days of 299
imprisonment required to be imposed pursuant to division (G)(2) 300
or (3) of this section. Notwithstanding any section of the 301
Revised Code that authorizes the suspension of the imposition or 302
8
execution of a sentence or the placement of an offender in any 303
treatment program in lieu of imprisonment, no court, except as 304
specifically authorized by division (G)(1) of this section, shall 305
suspend the three consecutive days of imprisonment required to be 306
imposed by division (G)(1) of this section or place an offender 307
who is sentenced pursuant to division (G)(1) of this section in 308
any treatment program in lieu of imprisonment until after the 309
offender has served the three consecutive days of imprisonment 310
required to be imposed pursuant to division (G)(1) of this 311
section. 312
(H) Whoever violates section 1547.304 of the Revised Code 314
is guilty of a misdemeanor of the fourth degree and also shall be 315
assessed any costs incurred by the state or a county, township, 316
municipal corporation, or other political subdivision in 317
disposing of an abandoned junk vessel or outboard motor, less any 318
money accruing to the state, county, township, municipal 319
corporation, or other political subdivision from that disposal. 321
(I) Whoever violates division (B) or (C) of section 323
1547.49 of the Revised Code is guilty of a minor misdemeanor. 324
(J) Whoever violates section 1547.31 of the Revised Code 326
is guilty of a misdemeanor of the fourth degree on a first 327
offense. On each subsequent offense, the person is guilty of a 328
misdemeanor of the third degree.
(K) WHOEVER VIOLATES SECTION 1547.05 OR 1547.051 OF THE 330
REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE IF 331
THE VIOLATION IS NOT RELATED TO A COLLISION, INJURY TO A PERSON, 332
OR DAMAGE TO PROPERTY AND A MISDEMEANOR OF THE THIRD DEGREE IF 333
THE VIOLATION IS RELATED TO A COLLISION, INJURY TO A PERSON, OR 334
DAMAGE TO PROPERTY.
(L) THE SENTENCING COURT, IN ADDITION TO THE PENALTY 336
PROVIDED UNDER THIS SECTION FOR A VIOLATION OF THIS CHAPTER OR A 337
RULE ADOPTED UNDER IT THAT INVOLVES A POWERCRAFT POWERED BY MORE 338
THAN TEN HORSEPOWER AND THAT, IN THE OPINION OF THE COURT, 339
INVOLVES A THREAT TO THE SAFETY OF PERSONS OR PROPERTY, SHALL 340
9
ORDER THE OFFENDER TO COMPLETE SUCCESSFULLY A BOATING COURSE
APPROVED BY THE NATIONAL ASSOCIATION OF STATE BOATING LAW 341
ADMINISTRATORS BEFORE THE OFFENDER IS ALLOWED TO OPERATE A 342
POWERCRAFT POWERED BY MORE THAN TEN HORSEPOWER ON THE WATERS IN 343
THIS STATE. VIOLATION OF A COURT ORDER ENTERED UNDER THIS 344
DIVISION IS PUNISHABLE AS CONTEMPT UNDER CHAPTER 2705. OF THE 345
REVISED CODE.
Section 2. That existing sections 1547.06 and 1547.99 of 347
the Revised Code are hereby repealed. 348
Section 3. Sections 1 and 2 of this act shall take effect 350
January 1, 2000. 351