As Introduced

124th General Assembly
Regular Session
2001-2002
S. B. No. 150


SENATOR Armbruster



A BILL
To amend sections 1547.01, 1547.53, 1547.531, 1547.54,1
1547.542, and 1547.57 of the Revised Code to2
provide owners of canoes, rowboats, and inflatable3
watercraft with an optional exemption from4
numbering requirements and to make other changes to5
the law governing watercraft.6


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1. That sections 1547.01, 1547.53, 1547.531, 1547.54,7
1547.542, and 1547.57 of the Revised Code be amended to read as8
follows:9

       Sec. 1547.01.  (A) As used in sections 1541.03, 1547.25,10
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542,11
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the12
Revised Code, "watercraft" means any of the following when used or13
capable of being used for transportation on the water:14

       (1) A vessel operated by machinery either permanently or15
temporarily affixed;16

       (2) A sailboat other than a sailboard;17

       (3) An inflatable, manually propelled boat having a hull18
identification number meeting the requirements of the United19
States coast guard;20

       (4) A canoe or rowboat.21

       "Watercraft" does not include ferries as referred to in22
Chapter 4583. of the Revised Code.23

       Watercraft subject to section 1547.54 of the Revised Code24
shall be divided into five classes as follows:25

       Class A: Less than sixteen feet in length;26

       Class 1: At least sixteen feet, but less than twenty-six27
feet in length;28

       Class 2: At least twenty-six feet, but less than forty feet29
in length;30

       Class 3: At least forty feet, but less than sixty-five feet31
in length;32

       Class 4: At least sixty-five feet in length.33

       (B) As used in this chapter:34

       (1) "Vessel" includes every description of watercraft,35
including nondisplacement craft and seaplanes, used or capable of36
being used as a means of transportation on water.37

       (2) "Rowboat" means any vessel, except a canoe, that is38
designed to be rowed and that is propelled by human muscular39
effort by oars or paddles and upon which no mechanical propulsion40
device, electric motor, internal combustion engine, or sail has41
been affixed or is used for the operation of the vessel.42

       (3) "Sailboat" means any vessel, equipped with mast and43
sails, dependent upon the wind to propel it in the normal course44
of operation.45

       (a) Any sailboat equipped with an inboard engine is deemed a46
powercraft with auxiliary sail.47

       (b) Any sailboat equipped with a detachable motor is deemed48
a sailboat with auxiliary power.49

       (c) Any sailboat being propelled by mechanical power,50
whether under sail or not, is deemed a powercraft and subject to51
all laws and rules governing powercraft operation.52

       (4) "Powercraft" means any vessel propelled by machinery,53
fuel, rockets, or similar device.54

       (5) "Person" includes any legal entity defined as a person55
in section 1.59 of the Revised Code and any body politic, except56
the United States and this state, and includes any agent, trustee,57
executor, receiver, assignee, or other representative thereof.58

       (6) "Owner" includes any person who claims lawful possession59
of a vessel by virtue of legal title or equitable interest therein60
that entitled the person to that possession.61

       (7) "Operator" includes any person who navigates or has62
under the person's control a vessel, or vessel and detachable63
motor, on the waters in this state.64

       (8) "Visible" means visible on a dark night with clear65
atmosphere.66

       (9) "Waters in this state" means all streams, rivers, lakes,67
ponds, marshes, watercourses, waterways, and other bodies of68
water, natural or humanmade, that are situated wholly or partially69
within this state or within its jurisdiction and are used for70
recreational boating.71

       (10) "Navigable waters" means waters that come under the72
jurisdiction of the department of the army of the United States73
and any waterways within or adjacent to this state, except inland74
lakes having neither a navigable inlet nor outlet.75

       (11) "In operation" in reference to a vessel means that the76
vessel is being navigated or otherwise used on the waters in this77
state.78

       (12) "Sewage" means human body wastes and the wastes from79
toilets and other receptacles intended to receive or retain body80
waste.81

       (13) "Canoe" means a narrow vessel of shallow draft, pointed82
at both ends and propelled by human muscular effort, and includes83
kayaks, racing shells, and rowing sculls.84

       (14) "Coast guard approved" means bearing an approval number85
assigned by the United States coast guard.86

       (15) "Type one personal flotation device" means a device87
that is designed to turn an unconscious person floating in water88
from a face downward position to a vertical or slightly face89
upward position and that has at least nine kilograms,90
approximately twenty pounds, of buoyancy.91

       (16) "Type two personal flotation device" means a device92
that is designed to turn an unconscious person in the water from a93
face downward position to a vertical or slightly face upward94
position and that has at least seven kilograms, approximately95
fifteen and four-tenths pounds, of buoyancy.96

       (17) "Type three personal flotation device" means a device97
that is designed to keep a conscious person in a vertical or98
slightly face upward position and that has at least seven99
kilograms, approximately fifteen and four-tenths pounds, of100
buoyancy.101

       (18) "Type four personal flotation device" means a device102
that is designed to be thrown to a person in the water and not103
worn and that has at least seven and five-tenths kilograms,104
approximately sixteen and five-tenths pounds, of buoyancy.105

       (19) "Type five personal flotation device" means a device106
that, unlike other personal flotation devices, has limitations on107
its approval by the United States coast guard, including, without108
limitation, all of the following:109

       (a) The approval label on the type five personal flotation110
device indicates that the device is approved for the activity in111
which the vessel is being used or as a substitute for a personal112
flotation device of the type required on the vessel in use;.113

       (b) The personal flotation device is used in accordance with114
any requirements on the approval label;.115

       (c) The personal flotation device is used in accordance with116
requirements in its owner's manual if the approval label refers to117
such a manual.118

       (20) "Inflatable watercraft" means any vessel constructed of119
rubber, canvas, or other material that is designed to be inflated120
with any gaseous substance, constructed with two or more air121
cells, and operated as a vessel. Inflatable watercraft propelled122
by a motor shall be classified as powercraft and shall be123
registered by length. Inflatable watercraft propelled by a sail124
shall be classified as a sailboat and shall be registered by125
length.126

       (21) "Idle speed" means the slowest possible speed needed to127
maintain steerage or maneuverability.128

       (22) "Diver's flag" means a red flag not less than one foot129
square having a diagonal white stripe extending from the masthead130
to the opposite lower corner that when displayed indicates that131
divers are in the water.132

       (23) "Muffler" means an acoustical suppression device or133
system that is designed and installed to abate the sound of134
exhaust gases emitted from an internal combustion engine and that135
prevents excessive or unusual noise.136

       (24) "Law enforcement vessel" means any vessel used in law137
enforcement and under the command of a law enforcement officer.138

       (25) "Personal watercraft" means a vessel, less than sixteen139
feet in length, that is propelled by machinery and designed to be140
operated by an individual sitting, standing, or kneeling on the141
vessel rather than by an individual sitting or standing inside the142
vessel.143

       (26) "No wake" has the same meaning as "idle speed."144

       (27) "Watercraft dealer" means any person who is regularly145
engaged in the business of manufacturing, selling, displaying,146
offering for sale, or dealing in vessels at an established place147
of business. "Watercraft dealer" does not include a person who is148
a marine salvage dealer or any other person who dismantles,149
salvages, or rebuilds vessels using used parts.150

       (28) "Electronic" includes electrical, digital, magnetic,151
optical, electromagnetic, or any other form of technology that152
entails capabilities similar to these technologies.153

       (29) "Electronic record" means a record generated,154
communicated, received, or stored by electronic means for use in155
an information system or for transmission from one information156
system to another.157

       (30) "Electronic signature" means a signature in electronic158
form attached to or logically associated with an electronic159
record.160

       (C) Unless otherwise provided, this chapter applies to all161
vessels operating on the waters in this state. Nothing in this162
chapter shall be construed in contravention of any valid federal163
act or regulation, but is in addition to the act or regulation164
where not inconsistent.165

       The state reserves to itself the exclusive right to regulate166
the minimum equipment requirements of watercraft and vessels167
operated on the waters in this state.168

       Sec. 1547.53.  Every watercraft operated on the waters in169
this state shall be numbered by this state in accordance with170
federal law or a federally approved numbering system of another171
state. A watercraft numbered by this state shall display the172
number on the watercraft as provided in section 1547.57 of the173
Revised Code. Watercraft exempt from numbering by the state are:174

       (A) Those currently documented by the United States coast175
guard or its successor;176

       (B) Those whose principal use is not on the waters in this177
state and that have not been used within this state for more than178
sixty days and have a valid number assigned under a federally179
approved numbering system by another state if the number is180
displayed in accordance with the requirements of that system and181
the certificate of number is available for inspection whenever the182
watercraft is on waters in this state;183

       (C) Those from a country other than the United States,184
temporarily using the waters in this state;185

       (D) Those whose owner is the United States, a state, or a186
political subdivision of a state;, that fit either of the187
following descriptions, and that are clearly identifiable as such:188

       (1) A powercraft that principally is used for governmental189
purposes other than recreational purposes;190

       (2) A watercraft other than a powercraft.191

       (E) A ship's lifeboat. As used in this division, "lifeboat"192
means a watercraft that is held aboard another vessel and used193
exclusively for emergency purposes.194

       (F) Those that have been exempted from numbering by the195
chief of the division of watercraft after the chief has found that196
the numbering of the watercraft will not materially aid in their197
identification and, if an agency of the United States has a198
numbering system applicable to the watercraft, after the chief has199
further found that they also would be exempt from numbering by the200
United States government if they were subject to the federal law;201

       (G) Those temporarily using the waters in this state under a202
waiver issued by the chief to an organization sponsoring a race,203
regatta, or special event. The chief may issue a waiver upon204
application by the sponsoring organization at least fifteen days205
before the date of the proposed race, regatta, or special event.206
The waiver shall be effective for ten days including the day or207
days of the proposed race, regatta, or special event. Such a208
waiver does not obviate the need for compliance with section209
1547.20 of the Revised Code.210

       (H) Canoes, rowboats, and inflatable watercraft that are211
registered under section 1547.54 of the Revised Code and that an212
owner, in accordance with this division, chooses not to have213
numbered under this section. An owner of a canoe, rowboat, or214
inflatable watercraft may choose to do either of the following:215

       (1) Have it numbered under this section, pay a lesser216
registration fee under division (A)(2)(a) of section 1547.54 of217
the Revised Code, and obtain square tags under division (A) of218
section 1547.57 of the Revised Code;219

       (2) Not have it numbered under this section, pay a higher220
registration fee under division (A)(2)(b) of section 1547.54 of221
the Revised Code, and obtain a rectangular tag under division (C)222
of section 1547.57 of the Revised Code.223

       Sec. 1547.531.  (A)(1) Except as provided in division (A)(2)224
or (B) of this section, no person shall operate or give permission225
for the operation of any watercraft on the waters in this state226
unless the watercraft is registered in the name of the current227
owner in accordance with section 1547.54 of the Revised Code, and228
the registration is valid and in effect.229

       (2) On and after January 1, 1999, if a watercraft that is230
required to be issued a certificate of title under Chapter 1548.231
of the Revised Code is transferred to a new owner, it need not be232
registered under section 1547.54 of the Revised Code for233
forty-five days following the date of the transfer, provided that234
the new owner purchases a temporary watercraft registration under235
division (A) of this section or holds a bill of sale from a236
watercraft dealer.237

       For the purposes of division (A)(2) of this section, a238
temporary watercraft registration or a bill of sale from a239
watercraft dealer shall contain at least all of the following240
information:241

       (a) The hull identification number or serial number of the242
watercraft;243

       (b) The make of the watercraft;244

       (c) The length of the watercraft;245

       (d) The type of propulsion, if any;246

       (e) The state in which the watercraft principally is247
operated;248

       (f) The name of the owner;249

       (g) The address of the owner, including the zip code;250

       (h) The signature of the owner;251

       (i) The date of purchase;252

       (j) A notice to the owner that the temporary watercraft253
registration expires forty-five days after the date of purchase of254
the watercraft or that the watercraft cannot be operated on the255
waters in this state solely under the bill of sale beginning256
forty-five days after the date of purchase of the watercraft, as257
applicable.258

       (3) A person may purchase a temporary watercraft259
registration from the chief of the division of watercraft or from260
an authorized agent designated under section 1547.54 of the261
Revised Code. The chief shall furnish forms for temporary262
watercraft registrations to authorized agents. In addition to263
completing the registration form with the information specified in264
divisions (A)(2)(a) to (i) of this section, the person shall pay265
one of the applicable fees required under divisions (A)(2)(a) to266
(f)(g) of section 1547.54 of the Revised Code as provided in that267
section.268

       Moneys received for the payment of temporary watercraft269
registrations shall be deposited to the credit of the waterways270
safety fund created in section 1547.75 of the Revised Code.271

       (4) In addition to the applicable fee required under272
division (A)(3) of this section, the chief or an authorized agent273
shall charge an additional fee of three dollars for a temporary274
watercraft registration that the chief or the authorized agent275
issues. When the temporary watercraft registration is issued by276
an authorized agent, the agent may retain the additional fee. When277
the temporary watercraft registration is issued by the chief, the278
additional fee shall be deposited to the credit of the waterways279
safety fund.280

       (5) A person who purchases a temporary watercraft281
registration for a watercraft and who subsequently applies for a282
registration certificate under section 1547.54 of the Revised Code283
need not pay the fee required under division (A)(2) of that284
section for the initial registration certificate issued for that285
watercraft, provided that at the time of application for the286
registration certificate, the person furnishes proof of payment287
for the temporary watercraft registration.288

       (6) A person who purchases a temporary watercraft289
registration, who subsequently applies for a registration290
certificate under section 1547.54 of the Revised Code, and who is291
exempt from payment for the registration certificate under292
division (O) of that section may apply to the chief for a refund293
of the amount paid for the temporary watercraft registration at294
the time that the person applies for a registration certificate.295
The chief shall refund that amount upon issuance to the person of296
a registration certificate.297

       (7) All records of the division of watercraft made or298
maintained for the purposes of divisions (A)(2) to (8) of this299
section are public records. The records shall be available for300
inspection at reasonable hours and in a manner that is compatible301
with normal operations of the division.302

       (8) Pursuant to division (A)(1) of section 1547.52 of the303
Revised Code, the chief may adopt rules establishing all of the304
following:305

       (a) Record-keeping requirements governing the issuance of306
temporary watercraft registrations and the use of bills of sale307
from watercraft dealers for the purposes of division (A)(2) of308
this section;309

       (b) Procedures and requirements for the refund of fees under310
division (A)(6) of this section;311

       (c) Any other procedures and requirements necessary for the312
administration and enforcement of divisions (A)(2) to (8) of this313
section.314

       (B) All of the following watercraft are exempt from315
registration:316

       (1) Those that are exempt from numbering by the state under317
divisions (B) to (G) of section 1547.53 of the Revised Code;318

       (2) Those that have been issued a commercial documentation319
by the United States coast guard or its successor and are used320
exclusively for commercial purposes;321

       (3) Those that have been documented by the United States322
coast guard or its successor as temporarily transitting, whose323
principal use is not on the waters in this state, and that have324
not been used within this state for more than sixty days.325

       (C) No person shall operate a watercraft documented by the326
United States coast guard or its successor unless the certificate327
of documentation is valid, is on the watercraft for which it has328
been issued, and is available for inspection whenever the329
watercraft is in operation. In accordance with 46 C.F.R. part 67,330
as amended, the watercraft shall display the official number, the331
vessel name, and the home port listed on the certificate of332
documentation.333

       (D)(1) For the purposes of this section and section 1547.53334
of the Revised Code, a watercraft is principally using the waters335
in this state if any of the following applies:336

       (a) The owner resides in this state and declares that the337
watercraft principally is using the waters in this state;.338

       (b) The owner resides in another state, but declares that339
the watercraft principally is using the waters in this state;.340

       (c) The watercraft is registered in another state or341
documented by the United States coast guard and is used within342
this state for more than sixty days regardless of whether it has343
been assigned a seasonal or permanent mooring at any public or344
private docking facility in this state.345

       (2) Notwithstanding division (D)(1)(c) of this section, a346
person on active duty in the armed forces of the United States may347
register a watercraft in the person's state of permanent residence348
in lieu of registering it in this state regardless of the number349
of days that the watercraft is used in this state.350

       Sec. 1547.54.  (A)(1) TheExcept as otherwise provided in351
section 1547.542 of the Revised Code, the owner of every352
watercraft requiring registration under this chapter shall file an353
application for a triennial registration certificate with the354
chief of the division of watercraft on forms that shall be355
provided by the chief or by an electronic means approved by the356
chief. The application shall be signed by the following:357

       (a) If the watercraft is owned by two persons under joint358
ownership with right of survivorship established under section359
2106.17 of the Revised Code, by both of those persons as owners of360
the watercraft. The signatures may be done by electronic361
signature if the owners themselves are renewing the registration362
and there are no changes in the registration information since the363
issuance of the immediately preceding registration certificate. In364
all other instances, the signatures mustshall be done manually.365

       (b) If the watercraft is owned by a minor, by the minor and366
a parent or legal guardian. The signatures may be done by367
electronic signature if the parent or legal guardian and the minor368
themselves are renewing the registration and there are no changes369
in the registration information since the issuance of the370
immediately preceding registration certificate. In all other371
instances, the signatures mustshall be done manually.372

       (c) In all other cases, by the owner of the watercraft. The373
signature may be done by electronic signature if the owner him or374
herself is renewing the registration personally and there are no375
changes in the registration information since the issuance of the376
immediately preceding registration certificate. In all other377
instances, the signatures mustshall be done manually.378

       (2) An application for a triennial registration of a379
watercraft filed under division (A)(1) of this section shall be380
accompanied by the following fee:381

       (a) For canoes, kayaks, rowboats, and inflatable watercraft382
that are numbered under section 1547.53 of the Revised Code,383
twelve dollars;384

       (b) For canoes, row boats, and inflatable watercraft that are385
not numbered under section 1547.53 of the Revised Code, seventeen386
dollars;387

       (c) For class A watercraft, including motorized canoes,388
thirty dollars;389

       (c)(d) For class 1 watercraft, forty-five dollars;390

       (d)(e) For class 2 watercraft, sixty dollars;391

       (e)(f) For class 3 watercraft, seventy-five dollars;392

       (f)(g) For class 4 watercraft, ninety dollars.393

       (3) For the purpose of registration, any watercraft operated394
by means of power, sail, or any other mechanical or electrical395
means of propulsion, except motorized canoes, shall be registered396
by length as prescribed in this section.397

       (4) If an application for registration is filed by two398
persons as owners under division (A)(1)(a) of this section, the399
person who is listed first on the title shall serve as and perform400
the duties of the "owner" and shall be considered the person "in401
whose name the watercraft is registered" for purposes of divisions402
(B) to (Q) of this section and for purposes of all other sections403
in this chapter.404

       (B) All registration certificates issued under this section405
are valid for three years and are renewable on a triennial basis406
unless sooner terminated or discontinued in accordance with this407
chapter. The renewal date shall be printed on the registration408
certificate. A registration certificate may be renewed by the409
owner in the manner prescribed by the chief. All fees shall be410
charged according to a proration of the time remaining in the411
registration cycle to the nearest year.412

       (C) In addition to the fees set forth in this section, the413
chief, or any authorized agent, shall charge an additional fee of414
three dollars for any registration certificate the chief or415
authorized agent issues. When the registration certificate is416
issued by an authorized agent, the additional fee of three dollars417
shall be retained by the issuing agent. When the registration418
certificate is issued by the chief, the additional fee of three419
dollars shall be deposited to the credit of the waterways safety420
fund established in section 1547.75 of the Revised Code.421

       (D)(1) Upon receipt of the application in approved form, the422
chief shall enter the same upon the records of the office of the423
division, assign a number to the watercraft if a number is424
required under section 1547.53 of the Revised Code, and issue to425
the applicant a registration certificate. If a number is assigned426
by the chief, it shall be set forth on the certificate. The427
registration certificate shall be on the watercraft for which it428
is issued and available at all times for inspection whenever the429
watercraft is in operation, except that livery operators may430
retain the registration certificate at the livery where it shall431
remain available for inspection at all times and except as432
otherwise provided in division (D)(2) of this section.433

       (2) A person who is operating on the waters of this state a434
canoe, rowboat, or inflatable watercraft that has not been435
numbered under section 1547.53 of the Revised Code and who is436
stopped by a law enforcement officer in the enforcement of this437
chapter or rules adopted under it shall present to the officer,438
not later than seventy-two hours after being stopped, a439
registration certificate. The registration certificate shall have440
been obtained under this section for the canoe, rowboat, or441
inflatable watercraft prior to the time that it was stopped.442
Failure of the person to present the registration certificate443
within seventy-two hours constitutes prima-facie evidence of a444
violation of this section.445

       (E) No person shall issue or be issued a registration446
certificate for a watercraft that is required to be issued a447
certificate of title under Chapter 1548. of the Revised Code448
except upon presentation of a certificate of title for the449
watercraft as provided in that chapter, proof of current450
documentation by the United States coast guard, a renewal451
registration form provided by the division of watercraft, or a452
certificate of registration issued under this section that has453
expired if there is no change in the ownership or description of454
the watercraft.455

       (F) Whenever the ownership of a watercraft changes, a new456
application form together with the prescribed fee shall be filed457
with the chief or the chief's agent and a new registration458
certificate shall be issued. The application shall be signed459
manually by the person or persons specified in division (A)(1)(a)460
to (c) of this section and shall be accompanied by a two-dollar461
transfer fee. Any remaining time on the registration shall be462
transferred. An authorized agent of the chief shall charge an463
additional fee of three dollars, which shall be retained by the464
issuing agent. If the certificate is issued by the chief, an465
additional fee of three dollars for each certificate issued shall466
be collected.467

       (G) If an agency of the United States has in force an468
overall system of identification numbering for watercraft or469
certain types of watercraft within the United States, the470
numbering system employed by the division shall be in conformity471
with that system.472

       (H) The chief may assign any registration certificates to473
any authorized agent for the assignment thereof. If a person474
accepts that authorization, the person may be assigned a block of475
numbers and certificates therefor that upon assignment, in476
conformity with this chapter and Chapter 1548. of the Revised Code477
and with rules of the division, shall be valid as if assigned478
directly by the division. Any person so designated as an agent by479
the chief shall post with the division security as may be required480
by the director of natural resources. The chief may issue an481
order temporarily or permanently restricting or suspending an482
agent's authorization without a hearing if the chief finds that483
the agent has violated this chapter or Chapter 1548. of the484
Revised Code, rules adopted under them, or any agreements485
prescribed by the chief.486

       (I) All records of the division made or kept pursuant to487
this section shall be public records. Those records shall be488
available for inspection at reasonable hours and in a manner489
compatible with normal operations of the division.490

       (J) The owner shall furnish the division notice within491
fifteen days of the following:492

       (1) The transfer, other than through the creation of a493
security interest in any watercraft, of all or any part of the494
owner's interest or, if the watercraft is owned by two persons495
under joint ownership with right of survivorship established under496
section 2106.17 of the Revised Code, of all or any part of the497
joint interest of either of the two persons. The transfer shall498
not terminate the registration certificate.499

       (2) Any change in the address appearing on the certificate500
and, as a part of the notification, shall furnish the chief with501
the owner's new address;502

       (3) The destruction or abandonment of the watercraft.503

       (K) The chief may issue duplicate registration certificates504
or duplicate tags to owners of currently registered watercraft,505
the fee for which shall be four dollars.506

       (L) If the chief finds that a registration certificate507
previously issued to an owner is in error to a degree that would508
impair its basic purpose and use, the chief may issue a corrected509
certificate to the owner without charge.510

       (M) No authorized agent shall issue and no person shall511
receive or accept from an authorized agent a registration512
certificate assigned to the authorized agent under division (H) of513
this section unless the exact month, day, and year of issue are514
plainly written thereon by the agent. Certificates issued with515
incorrect dates of issue are void from the time they are issued.516

       (N) The chief, in accordance with Chapter 119. of the517
Revised Code, shall adopt rules governing the renewal of518
watercraft registrations by electronic means.519

       (O) As used in this section:520

       (1) "Disabled veteran" means a person who is included in521
either of the following categories:522

       (a) Because of a service-connected disability, has been or523
is awarded funds for the purchase of a motor vehicle under the524
"Disabled Veterans' and Servicemen's Automobile Assistance Act of525
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;526

       (b) Has a service-connected disability rated at one hundred527
per cent by the veterans administration.528

       (2) "Prisoner of war" means any regularly appointed,529
enrolled, enlisted, or inducted member of the military forces of530
the United States who was captured, separated, and incarcerated by531
an enemy of the United States at any time, and any regularly532
appointed, enrolled, or enlisted member of the military forces of533
Great Britain, France, Australia, Belgium, Brazil, Canada, China,534
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland,535
South Africa, or the republics formerly associated with the Union536
of Soviet Socialist Republics or Yugoslavia who was a citizen of537
the United States at the time of the appointment, enrollment, or538
enlistment, and was captured, separated, and incarcerated by an539
enemy of this country during World War II.540

       (P) Any disabled veteran, congressional medal of honor541
awardee, or prisoner of war may apply to the chief for a542
certificate of registration, or for a renewal of the certificate543
of registration, without the payment of any fee required by this544
section. The application for a certificate of registration shall545
be accompanied by evidence of disability or by documentary546
evidence in support of a congressional medal of honor that the547
chief requires by rule. The application for a certificate of548
registration by any person who has been a prisoner of war shall be549
accompanied by written evidence in the form of a record of550
separation, a letter from one of the armed forces of a country551
listed in division (O)(2) of this section, or other evidence that552
the chief may require by rule, that the person was honorably553
discharged or is currently residing in this state on active duty554
with one of the branches of the armed forces of the United States,555
or was a prisoner of war and was honorably discharged or received556
an equivalent discharge or release from one of the armed forces of557
a country listed in division (O)(2) of this section.558

       (Q) Annually by the fifteenth day of January, the director559
of natural resources shall determine the amount of fees that would560
have been collected in the prior calendar year for each561
certificate of registration issued or renewed pursuant to division562
(P) of this section and shall certify the total amount of foregone563
revenue to the director of budget and management for564
reimbursement. The director of budget and management shall565
transfer the amount certified from the general revenue fund to the566
waterways safety fund created pursuant to section 1547.75 of the567
Revised Code.568

       Sec. 1547.542.  Any person or organization owning any number569
of canoes, kayaks, rowboats, inflatable watercraft, or sailboats570
for the purpose of rental to the public may apply with the chief571
of the division of watercraft for and receive an annual572
certificate of livery registration. No watercraft shall be rented573
to the public from a livery or other place of business in this574
state unless it first has been numbered and registered in575
accordance with this section or section 1547.54 of the Revised576
Code. Certificates of livery registration shall be issued by an577
authorized agent who is selected by the chief from among those578
designated under section 1547.54 of the Revised Code. The579
certificate shall display the name of the owner of the livery, the580
date of issuance, the date of expiration, the number of watercraft581
registered, the fee paid, an authorized facsimile of the signature582
of the chief provided by the authorized agent who is selected to583
issue the certificate, and the signature of the livery owner. The584
certificate shall bear the livery watercraft registration number585
assigned to the livery owner, which shall be displayed in586
accordance with section 1547.57 of the Revised Code on each587
watercraft in the fleet for which the certificate was issued. The588
owner of a livery shall obtain an amended certificate of livery589
registration from the chief whenever the composition of the fleet590
changes.591

       The fee for each watercraft registered under this section592
shall be in accordance withan annual registration fee. The fee593
shall be one-third of the triennial registration fees prescribed594
in section 1547.54 of the Revised Code. However, if the size of595
the fleet does not increase, the fee for an amended certificate of596
livery registration shall be the fee prescribed for issuing a597
duplicate registration certificate under section 1547.54 of the598
Revised Code, and the chief shall not refund to the livery owner599
all or any portion of an annual registration fee applicable to a600
watercraft transferred or abandoned by the livery owner. If the601
size of the fleet increases, the livery owner shall be required to602
pay the applicable annual registration fee for each watercraft603
registered under an amended certificate of livery registration604
that is in excess of the number of watercraft contained in the605
annual certificate of livery registration.606

       The certificate of livery registration, rental receipts, and607
required safety equipment are subject to inspection at any time at608
the livery's place of business by any authorized representative of609
the division of watercraft or any law enforcement officer in610
accordance with section 1547.63 of the Revised Code.611

       Except as provided in this section, all watercraft registered612
under this section are subject to this chapter and Chapter 1548.613
of the Revised Code.614

       The chief may issue an order temporarily or permanently615
restricting or suspending a livery certificate of registration and616
the privileges associated with it without a hearing if the chief617
finds that the holder of the certificate has violated this618
chapter.619

       Sec. 1547.57. When(A) Except as otherwise provided in620
division (C) of this section, when the chief of the division of621
watercraft issues a registration certificate under section 1547.54622
of the Revised Code, the chief also shall issue to the applicant623
two tags not larger than three inches square, color coded,624
indicating the expiration date of the certificate. The owner of625
watercraft currently documented by the United States coast guard626
and for which a registration certificate is issued shall securely627
affix one tag to the watercraft's port side and the other tag to628
the starboard side so that the tags are clearly visible under629
normal operating conditions. The tags shall be removed from the630
watercraft when they become invalid. The owner of any other631
watercraft for which a registration certificate is issued shall632
securely affix one tag to the watercraft's port side, six inches633
toward the stern from the identification number, and the other tag634
to the starboard side, six inches toward the stern from the635
identification number. The tags shall be securely affixed to the636
watercraft prior to its operation, but shall be removed from the637
watercraft when they become invalid. A person may operate without638
a registration certificate issued under section 1547.54 of the639
Revised Code, for a period not to exceed forty-five days, any640
watercraft required to be titled on the waters in this state if641
the person is in compliance with section 1547.531 of the Revised642
Code.643

       (B) The owner of every watercraft requiring numbering by644
this state shall attach to each side of the bow of the watercraft645
the permanent identification number in such manner as may be646
prescribed by applicable federal standards in order that it shall647
be clearly visible. The number shall be maintained in a legible648
condition at all times. No number other than the number assigned649
to a watercraft or granted by reciprocity pursuant to this chapter650
shall be painted, attached, or otherwise displayed on either side651
of the bow of the watercraft.652

       (C) When the chief issues a registration certificate under653
section 1547.54 of the Revised Code for a canoe, rowboat, or654
inflatable watercraft that has not been numbered under section655
1547.53 of the Revised Code, the chief also shall issue to the656
applicant a tag not larger than three inches by six inches, with657
distinguishing color coding and a number for identification658
purposes. The owner of the canoe, rowboat, or inflatable659
watercraft for which the registration certificate is issued shall660
affix the tag securely to a location on the canoe, rowboat, or661
inflatable watercraft as prescribed by rules adopted by the chief662
under section 1547.52 of the Revised Code.663

       (D) No person shall operate or permit to be operated any664
watercraft on the waters in this state in violation of this665
section.666

       Section 2. That existing sections 1547.01, 1547.53, 1547.531,667
1547.54, 1547.542, and 1547.57 of the Revised Code are hereby668
repealed.669