As Reported by the House Transportation and Public Safety Committee

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


SENATORS Armbruster, Spada, Robert Gardner, Harris, Mumper, White

REPRESENTATIVES Damschroder, Manning, Key, Lendrum, Oakar, Perry, Reidelbach, Schaffer, Sferra



A BILL
To amend sections 1547.01, 1547.25, 1547.53, 1547.531,1
1547.54, 1547.542, 1547.57, 1547.99, and 4585.31,2
to enact section 1547.65, and to repeal section3
1547.62 of the Revised Code to provide owners of4
canoes, rowboats, and inflatable watercraft with an5
optional exemption from numbering requirements and6
to make other changes to the law governing7
watercraft.8


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

       Section 1. That sections 1547.01, 1547.25, 1547.53, 1547.531,9
1547.54, 1547.542, 1547.57, 1547.99, and 4585.31 be amended and10
section 1547.65 of the Revised Code be enacted to read as follows:11

       Sec. 1547.01.  (A) As used in sections 1541.03, 1547.25,12
1547.26, 1547.39, 1547.40, 1547.53, 1547.54, 1547.541, 1547.542,13
1547.543, 1547.56, 1547.57, 1547.66, 3733.21, and 5311.01 of the14
Revised Code, "watercraft" means any of the following when used or15
capable of being used for transportation on the water:16

       (1) A vessel operated by machinery either permanently or17
temporarily affixed;18

       (2) A sailboat other than a sailboard;19

       (3) An inflatable, manually propelled boat havingthat is20
required by federal law to have a hull identification number21
meeting the requirements of the United States coast guard;22

       (4) A canoe or rowboat.23

       "Watercraft" does not include ferries as referred to in24
Chapter 4583. of the Revised Code.25

       Watercraft subject to section 1547.54 of the Revised Code26
shall be divided into five classes as follows:27

       Class A: Less than sixteen feet in length;28

       Class 1: At least sixteen feet, but less than twenty-six29
feet in length;30

       Class 2: At least twenty-six feet, but less than forty feet31
in length;32

       Class 3: At least forty feet, but less than sixty-five feet33
in length;34

       Class 4: At least sixty-five feet in length.35

       (B) As used in this chapter:36

       (1) "Vessel" includes every description of watercraftcraft,37
including nondisplacement craft and seaplanes, used or capable of38
beingdesigned to be used as a means of transportation on water.39

       (2) "Rowboat" means any vessel, except a canoe, that is40
designed to be rowed and that is propelled by human muscular41
effort by oars or paddles and upon which no mechanical propulsion42
device, electric motor, internal combustion engine, or sail has43
been affixed or is used for the operation of the vessel.44

       (3) "Sailboat" means any vessel, equipped with mast and45
sails, dependent upon the wind to propel it in the normal course46
of operation.47

       (a) Any sailboat equipped with an inboard engine is deemed a48
powercraft with auxiliary sail.49

       (b) Any sailboat equipped with a detachable motor is deemed50
a sailboat with auxiliary power.51

       (c) Any sailboat being propelled by mechanical power,52
whether under sail or not, is deemed a powercraft and subject to53
all laws and rules governing powercraft operation.54

       (4) "Powercraft" means any vessel propelled by machinery,55
fuel, rockets, or similar device.56

       (5) "Person" includes any legal entity defined as a person57
in section 1.59 of the Revised Code and any body politic, except58
the United States and this state, and includes any agent, trustee,59
executor, receiver, assignee, or other representative thereof.60

       (6) "Owner" includes any person who claims lawful possession61
of a vessel by virtue of legal title or equitable interest therein62
that entitled the person to that possession.63

       (7) "Operator" includes any person who navigates or has64
under the person's control a vessel, or vessel and detachable65
motor, on the waters in this state.66

       (8) "Visible" means visible on a dark night with clear67
atmosphere.68

       (9) "Waters in this state" means all streams, rivers, lakes,69
ponds, marshes, watercourses, waterways, and other bodies of70
water, natural or humanmade, that are situated wholly or partially71
within this state or within its jurisdiction and are used for72
recreational boating.73

       (10) "Navigable waters" means waters that come under the74
jurisdiction of the department of the army of the United States75
and any waterways within or adjacent to this state, except inland76
lakes having neither a navigable inlet nor outlet.77

       (11) "In operation" in reference to a vessel means that the78
vessel is being navigated or otherwise used on the waters in this79
state.80

       (12) "Sewage" means human body wastes and the wastes from81
toilets and other receptacles intended to receive or retain body82
waste.83

       (13) "Canoe" means a narrow vessel of shallow draft, pointed84
at both ends and propelled by human muscular effort, and includes85
kayaks, racing shells, and rowing sculls.86

       (14) "Coast guard approved" means bearing an approval number87
assigned by the United States coast guard.88

       (15) "Type one personal flotation device" means a device89
that is designed to turn an unconscious person floating in water90
from a face downward position to a vertical or slightly face91
upward position and that has at least nine kilograms,92
approximately twenty pounds, of buoyancy.93

       (16) "Type two personal flotation device" means a device94
that is designed to turn an unconscious person in the water from a95
face downward position to a vertical or slightly face upward96
position and that has at least seven kilograms, approximately97
fifteen and four-tenths pounds, of buoyancy.98

       (17) "Type three personal flotation device" means a device99
that is designed to keep a conscious person in a vertical or100
slightly face upward position and that has at least seven101
kilograms, approximately fifteen and four-tenths pounds, of102
buoyancy.103

       (18) "Type four personal flotation device" means a device104
that is designed to be thrown to a person in the water and not105
worn and that has at least seven and five-tenths kilograms,106
approximately sixteen and five-tenths pounds, of buoyancy.107

       (19) "Type five personal flotation device" means a device108
that, unlike other personal flotation devices, has limitations on109
its approval by the United States coast guard, including, without110
limitation, all of the following:111

       (a) The approval label on the type five personal flotation112
device indicates that the device is approved for the activity in113
which the vessel is being used or as a substitute for a personal114
flotation device of the type required on the vessel in use;.115

       (b) The personal flotation device is used in accordance with116
any requirements on the approval label;.117

       (c) The personal flotation device is used in accordance with118
requirements in its owner's manual if the approval label refers to119
such a manual.120

       (20) "Inflatable watercraft" means any vessel constructed of121
rubber, canvas, or other material that is designed to be inflated122
with any gaseous substance, constructed with two or more air123
cells, and operated as a vessel. Inflatable watercraft propelled124
by a motor shall be classified as powercraft and shall be125
registered by length. Inflatable watercraft propelled by a sail126
shall be classified as a sailboat and shall be registered by127
length.128

       (21) "Idle speed" means the slowest possible speed needed to129
maintain steerage or maneuverability.130

       (22) "Diver's flag" means a red flag not less than one foot131
square having a diagonal white stripe extending from the masthead132
to the opposite lower corner that when displayed indicates that133
divers are in the water.134

       (23) "Muffler" means an acoustical suppression device or135
system that is designed and installed to abate the sound of136
exhaust gases emitted from an internal combustion engine and that137
prevents excessive or unusual noise.138

       (24) "Law enforcement vessel" means any vessel used in law139
enforcement and under the command of a law enforcement officer.140

       (25) "Personal watercraft" means a vessel, less than sixteen141
feet in length, that is propelled by machinery and designed to be142
operated by an individual sitting, standing, or kneeling on the143
vessel rather than by an individual sitting or standing inside the144
vessel.145

       (26) "No wake" has the same meaning as "idle speed."146

       (27) "Watercraft dealer" means any person who is regularly147
engaged in the business of manufacturing, selling, displaying,148
offering for sale, or dealing in vessels at an established place149
of business. "Watercraft dealer" does not include a person who is150
a marine salvage dealer or any other person who dismantles,151
salvages, or rebuilds vessels using used parts.152

       (28) "Electronic" includes electrical, digital, magnetic,153
optical, electromagnetic, or any other form of technology that154
entails capabilities similar to these technologies.155

       (29) "Electronic record" means a record generated,156
communicated, received, or stored by electronic means for use in157
an information system or for transmission from one information158
system to another.159

       (30) "Electronic signature" means a signature in electronic160
form attached to or logically associated with an electronic161
record.162

       (C) Unless otherwise provided, this chapter applies to all163
vessels operating on the waters in this state. Nothing in this164
chapter shall be construed in contravention of any valid federal165
act or regulation, but is in addition to the act or regulation166
where not inconsistent.167

       The state reserves to itself the exclusive right to regulate168
the minimum equipment requirements of watercraft and vessels169
operated on the waters in this state.170

       Sec. 1547.25.  (A) No person shall operate or permit to be171
operated any watercraftvessel, other than a commercial vessel or172
other vessel exempted by rules adopted under section 1547.52 of173
the Revised Code, on the waters in this state:174

       (1) That is sixteen feet or greater in length without175
carrying aboard one type one, two, or three personal flotation176
device for each person aboard and one type four personal flotation177
device;178

       (2) That is less than sixteen feet in length, including179
canoes and kayaks of any length, without carrying aboard one type180
one, two, or three personal flotation device for each person181
aboard.182

       (B) A type five personal flotation device may be carried in183
lieu of a type one, two, or three personal flotation device184
required under division (A) of this section.185

       (C) No person shall operate or permit to be operated any186
commercial vessel on the waters in this state:187

       (1) That is less than forty feet in length and is not188
carrying persons for hire without carrying aboard at least one189
type one, two, or three personal flotation device for each person190
aboard;191

       (2) That is carrying persons for hire or is forty feet in192
length or longer and is not carrying persons for hire without193
carrying aboard at least one type one personal flotation device194
for each person aboard;195

       (3) That is twenty-six feet in length or longer without196
carrying aboard at least one type four ring life buoy in addition197
to the applicable requirements of divisions (C)(1) and (2) of this198
section.199

       (D) Each personal flotation device carried aboard a200
watercraft orvessel, including a commercial vessel, pursuant to201
this section shall be coast guard approved and in good and202
serviceable condition, of appropriate size for the wearer, and203
readily accessible to each person aboard the watercraftvessel at204
all times.205

       (E) As used in this section, "commercial vessel" means any206
vessel used in the carriage of any person or property for a207
valuable consideration whether flowing directly or indirectly from208
the owner, partner, or agent or any other person interested in the209
vessel. "Commercial vessel" does not include any vessel that is210
manufactured or used primarily for noncommercial use or that is211
leased, rented, or chartered to another for noncommercial use.212

       Sec. 1547.53.  Every watercraft operated on the waters in213
this state shall be numbered by this state in accordance with214
federal law or a federally approved numbering system of another215
state. A watercraft numbered by this state shall display the216
number on the watercraft as provided in section 1547.57 of the217
Revised Code. Watercraft exempt from numbering by the state are:218

       (A) Those currently documented by the United States coast219
guard or its successor;220

       (B) Those whose principal use is not on the waters in this221
state and that have not been used within this state for more than222
sixty days and have a valid number assigned under a federally223
approved numbering system by another state if the number is224
displayed in accordance with the requirements of that system and225
the certificate of number is available for inspection whenever the226
watercraft is on waters in this state;227

       (C) Those from a country other than the United States,228
temporarily using the waters in this state;229

       (D) Those whose owner is the United States, a state, or a230
political subdivision of a state;, that fit either of the231
following descriptions, and that are clearly identifiable as such:232

       (1) A powercraft that principally is used for governmental233
purposes other than recreational purposes;234

       (2) A watercraft other than a powercraft.235

       (E) A ship's lifeboat. As used in this division, "lifeboat"236
means a watercraft that is held aboard another vessel and used237
exclusively for emergency purposes.238

       (F) Those that have been exempted from numbering by the239
chief of the division of watercraft after the chief has found that240
the numbering of the watercraft will not materially aid in their241
identification and, if an agency of the United States has a242
numbering system applicable to the watercraft, after the chief has243
further found that they also would be exempt from numbering by the244
United States government if they were subject to the federal law;245

       (G) Those temporarily using the waters in this state under a246
waiver issued by the chief to an organization sponsoring a race,247
regatta, or special event. The chief may issue a waiver upon248
application by the sponsoring organization at least fifteen days249
before the date of the proposed race, regatta, or special event.250
The waiver shall be effective for ten days including the day or251
days of the proposed race, regatta, or special event. Such a252
waiver does not obviate the need for compliance with section253
1547.20 of the Revised Code.254

       (H) Canoes, rowboats, and inflatable watercraft that are255
registered under section 1547.54 of the Revised Code and that an256
owner, in accordance with this division, chooses not to have257
numbered under this section. An owner of a canoe, rowboat, or258
inflatable watercraft may choose to do either of the following:259

       (1) Have it numbered under this section, pay a lesser260
registration fee under division (A)(2)(a) of section 1547.54 of261
the Revised Code, and obtain square tags under division (A) of262
section 1547.57 of the Revised Code;263

       (2) Not have it numbered under this section, pay a higher264
registration fee under division (A)(2)(b) of section 1547.54 of265
the Revised Code, and obtain a rectangular tag under division (C)266
of section 1547.57 of the Revised Code.267

       Sec. 1547.531.  (A)(1) Except as provided in division (A)(2)268
or (B) of this section, no person shall operate or give permission269
for the operation of any watercraft on the waters in this state270
unless the watercraft is registered in the name of the current271
owner in accordance with section 1547.54 of the Revised Code, and272
the registration is valid and in effect.273

       (2) On and after January 1, 1999, if a watercraft that is274
required to be issued a certificate of title under Chapter 1548.275
of the Revised Code is transferred to a new owner, it need not be276
registered under section 1547.54 of the Revised Code for277
forty-five days following the date of the transfer, provided that278
the new owner purchases a temporary watercraft registration under279
division (A) of this section or holds a bill of sale from a280
watercraft dealer.281

       For the purposes of division (A)(2) of this section, a282
temporary watercraft registration or a bill of sale from a283
watercraft dealer shall contain at least all of the following284
information:285

       (a) The hull identification number or serial number of the286
watercraft;287

       (b) The make of the watercraft;288

       (c) The length of the watercraft;289

       (d) The type of propulsion, if any;290

       (e) The state in which the watercraft principally is291
operated;292

       (f) The name of the owner;293

       (g) The address of the owner, including the zip code;294

       (h) The signature of the owner;295

       (i) The date of purchase;296

       (j) A notice to the owner that the temporary watercraft297
registration expires forty-five days after the date of purchase of298
the watercraft or that the watercraft cannot be operated on the299
waters in this state solely under the bill of sale beginning300
forty-five days after the date of purchase of the watercraft, as301
applicable.302

       (3) A person may purchase a temporary watercraft303
registration from the chief of the division of watercraft or from304
an authorized agent designated under section 1547.54 of the305
Revised Code. The chief shall furnish forms for temporary306
watercraft registrations to authorized agents. In addition to307
completing the registration form with the information specified in308
divisions (A)(2)(a) to (i) of this section, the person shall pay309
one of the applicable fees required under divisions (A)(2)(a) to310
(f)(g) of section 1547.54 of the Revised Code as provided in that311
section.312

       Moneys received for the payment of temporary watercraft313
registrations shall be deposited to the credit of the waterways314
safety fund created in section 1547.75 of the Revised Code.315

       (4) In addition to the applicable fee required under316
division (A)(3) of this section, the chief or an authorized agent317
shall charge an additional fee of three dollars for a temporary318
watercraft registration that the chief or the authorized agent319
issues. When the temporary watercraft registration is issued by320
an authorized agent, the agent may retain the additional fee. When321
the temporary watercraft registration is issued by the chief, the322
additional fee shall be deposited to the credit of the waterways323
safety fund.324

       (5) A person who purchases a temporary watercraft325
registration for a watercraft and who subsequently applies for a326
registration certificate under section 1547.54 of the Revised Code327
need not pay the fee required under division (A)(2) of that328
section for the initial registration certificate issued for that329
watercraft, provided that at the time of application for the330
registration certificate, the person furnishes proof of payment331
for the temporary watercraft registration.332

       (6) A person who purchases a temporary watercraft333
registration, who subsequently applies for a registration334
certificate under section 1547.54 of the Revised Code, and who is335
exempt from payment for the registration certificate under336
division (O) of that section may apply to the chief for a refund337
of the amount paid for the temporary watercraft registration at338
the time that the person applies for a registration certificate.339
The chief shall refund that amount upon issuance to the person of340
a registration certificate.341

       (7) All records of the division of watercraft made or342
maintained for the purposes of divisions (A)(2) to (8) of this343
section are public records. The records shall be available for344
inspection at reasonable hours and in a manner that is compatible345
with normal operations of the division.346

       (8) Pursuant to division (A)(1) of section 1547.52 of the347
Revised Code, the chief may adopt rules establishing all of the348
following:349

       (a) Record-keeping requirements governing the issuance of350
temporary watercraft registrations and the use of bills of sale351
from watercraft dealers for the purposes of division (A)(2) of352
this section;353

       (b) Procedures and requirements for the refund of fees under354
division (A)(6) of this section;355

       (c) Any other procedures and requirements necessary for the356
administration and enforcement of divisions (A)(2) to (8) of this357
section.358

       (B) All of the following watercraft are exempt from359
registration:360

       (1) Those that are exempt from numbering by the state under361
divisions (B) to (G) of section 1547.53 of the Revised Code;362

       (2) Those that have been issued a commercial documentation363
by the United States coast guard or its successor and are used364
exclusively for commercial purposes;365

       (3) Those that have been documented by the United States366
coast guard or its successor as temporarily transitting, whose367
principal use is not on the waters in this state, and that have368
not been used within this state for more than sixty days.369

       (C) No person shall operate a watercraft documented by the370
United States coast guard or its successor unless the certificate371
of documentation is valid, is on the watercraft for which it has372
been issued, and is available for inspection whenever the373
watercraft is in operation. In accordance with 46 C.F.R. part 67,374
as amended, the watercraft shall display the official number, the375
vessel name, and the home port listed on the certificate of376
documentation.377

       (D)(1) For the purposes of this section and section 1547.53378
of the Revised Code, a watercraft is principally using the waters379
in this state if any of the following applies:380

       (a) The owner resides in this state and declares that the381
watercraft principally is using the waters in this state;.382

       (b) The owner resides in another state, but declares that383
the watercraft principally is using the waters in this state;.384

       (c) The watercraft is registered in another state or385
documented by the United States coast guard and is used within386
this state for more than sixty days regardless of whether it has387
been assigned a seasonal or permanent mooring at any public or388
private docking facility in this state.389

       (2) Notwithstanding division (D)(1)(c) of this section, a390
person on active duty in the armed forces of the United States may391
register a watercraft in the person's state of permanent residence392
in lieu of registering it in this state regardless of the number393
of days that the watercraft is used in this state.394

       Sec. 1547.54.  (A)(1) TheExcept as otherwise provided in395
section 1547.542 of the Revised Code, the owner of every396
watercraft requiring registration under this chapter shall file an397
application for a triennial registration certificate with the398
chief of the division of watercraft on forms that shall be399
provided by the chief or by an electronic means approved by the400
chief. The application shall be signed by the following:401

       (a) If the watercraft is owned by two persons under joint402
ownership with right of survivorship established under section403
2106.17 of the Revised Code, by both of those persons as owners of404
the watercraft. The signatures may be done by electronic405
signature if the owners themselves are renewing the registration406
and there are no changes in the registration information since the407
issuance of the immediately preceding registration certificate. In408
all other instances, the signatures mustshall be done manually.409

       (b) If the watercraft is owned by a minor, by the minor and410
a parent or legal guardian. The signatures may be done by411
electronic signature if the parent or legal guardian and the minor412
themselves are renewing the registration and there are no changes413
in the registration information since the issuance of the414
immediately preceding registration certificate. In all other415
instances, the signatures mustshall be done manually.416

       (c) In all other cases, by the owner of the watercraft. The417
signature may be done by electronic signature if the owner him or418
herself is renewing the registration personally and there are no419
changes in the registration information since the issuance of the420
immediately preceding registration certificate. In all other421
instances, the signatures mustshall be done manually.422

       (2) An application for a triennial registration of a423
watercraft filed under division (A)(1) of this section shall be424
accompanied by the following fee:425

       (a) For canoes, kayaks, rowboats, and inflatable watercraft426
that are numbered under section 1547.53 of the Revised Code,427
twelve dollars;428

       (b) For canoes, row boats, and inflatable watercraft that are429
not numbered under section 1547.53 of the Revised Code, seventeen430
dollars;431

       (c) For class A watercraft, including motorized canoes,432
thirty dollars;433

       (c)(d) For class 1 watercraft, forty-five dollars;434

       (d)(e) For class 2 watercraft, sixty dollars;435

       (e)(f) For class 3 watercraft, seventy-five dollars;436

       (f)(g) For class 4 watercraft, ninety dollars.437

       (3) For the purpose of registration, any watercraft operated438
by means of power, sail, or any other mechanical or electrical439
means of propulsion, except motorized canoes, shall be registered440
by length as prescribed in this section.441

       (4) If an application for registration is filed by two442
persons as owners under division (A)(1)(a) of this section, the443
person who is listed first on the title shall serve as and perform444
the duties of the "owner" and shall be considered the person "in445
whose name the watercraft is registered" for purposes of divisions446
(B) to (Q) of this section and for purposes of all other sections447
in this chapter.448

       (B) All registration certificates issued under this section449
are valid for three years and are renewable on a triennial basis450
unless sooner terminated or discontinued in accordance with this451
chapter. The renewal date shall be printed on the registration452
certificate. A registration certificate may be renewed by the453
owner in the manner prescribed by the chief. All fees shall be454
charged according to a proration of the time remaining in the455
registration cycle to the nearest year.456

       (C) In addition to the fees set forth in this section, the457
chief, or any authorized agent, shall charge an additional fee of458
three dollars for any registration certificate the chief or459
authorized agent issues. When the registration certificate is460
issued by an authorized agent, the additional fee of three dollars461
shall be retained by the issuing agent. When the registration462
certificate is issued by the chief, the additional fee of three463
dollars shall be deposited to the credit of the waterways safety464
fund established in section 1547.75 of the Revised Code.465

       (D)(1) Upon receipt of the application in approved form, the466
chief shall enter the same upon the records of the office of the467
division, assign a number to the watercraft if a number is468
required under section 1547.53 of the Revised Code, and issue to469
the applicant a registration certificate. If a number is assigned470
by the chief, it shall be set forth on the certificate. The471
registration certificate shall be on the watercraft for which it472
is issued and available at all times for inspection whenever the473
watercraft is in operation, except that livery operators may474
retain the registration certificate at the livery where it shall475
remain available for inspection at all times and except as476
otherwise provided in division (D)(2) of this section.477

       (2) A person who is operating on the waters of this state a478
canoe, rowboat, or inflatable watercraft that has not been479
numbered under section 1547.53 of the Revised Code and who is480
stopped by a law enforcement officer in the enforcement of this481
chapter or rules adopted under it shall present to the officer,482
not later than seventy-two hours after being stopped, a483
registration certificate. The registration certificate shall have484
been obtained under this section for the canoe, rowboat, or485
inflatable watercraft prior to the time that it was stopped.486
Failure of the person to present the registration certificate487
within seventy-two hours constitutes prima-facie evidence of a488
violation of this section.489

       (E) No person shall issue or be issued a registration490
certificate for a watercraft that is required to be issued a491
certificate of title under Chapter 1548. of the Revised Code492
except upon presentation of a certificate of title for the493
watercraft as provided in that chapter, proof of current494
documentation by the United States coast guard, a renewal495
registration form provided by the division of watercraft, or a496
certificate of registration issued under this section that has497
expired if there is no change in the ownership or description of498
the watercraft.499

       (F) Whenever the ownership of a watercraft changes, a new500
application form together with the prescribed fee shall be filed501
with the chief or the chief's agent and a new registration502
certificate shall be issued. The application shall be signed503
manually by the person or persons specified in division (A)(1)(a)504
to (c) of this section and shall be accompanied by a two-dollar505
transfer fee. Any remaining time on the registration shall be506
transferred. An authorized agent of the chief shall charge an507
additional fee of three dollars, which shall be retained by the508
issuing agent. If the certificate is issued by the chief, an509
additional fee of three dollars for each certificate issued shall510
be collected.511

       (G) If an agency of the United States has in force an512
overall system of identification numbering for watercraft or513
certain types of watercraft within the United States, the514
numbering system employed by the division shall be in conformity515
with that system.516

       (H) The chief may assign any registration certificates to517
any authorized agent for the assignment thereof. If a person518
accepts that authorization, the person may be assigned a block of519
numbers and certificates therefor that upon assignment, in520
conformity with this chapter and Chapter 1548. of the Revised Code521
and with rules of the division, shall be valid as if assigned522
directly by the division. Any person so designated as an agent by523
the chief shall post with the division security as may be required524
by the director of natural resources. The chief may issue an525
order temporarily or permanently restricting or suspending an526
agent's authorization without a hearing if the chief finds that527
the agent has violated this chapter or Chapter 1548. of the528
Revised Code, rules adopted under them, or any agreements529
prescribed by the chief.530

       (I) All records of the division made or kept pursuant to531
this section shall be public records. Those records shall be532
available for inspection at reasonable hours and in a manner533
compatible with normal operations of the division.534

       (J) The owner shall furnish the division notice within535
fifteen days of the following:536

       (1) The transfer, other than through the creation of a537
security interest in any watercraft, of all or any part of the538
owner's interest or, if the watercraft is owned by two persons539
under joint ownership with right of survivorship established under540
section 2106.17 of the Revised Code, of all or any part of the541
joint interest of either of the two persons. The transfer shall542
not terminate the registration certificate.543

       (2) Any change in the address appearing on the certificate544
and, as a part of the notification, shall furnish the chief with545
the owner's new address;546

       (3) The destruction or abandonment of the watercraft.547

       (K) The chief may issue duplicate registration certificates548
or duplicate tags to owners of currently registered watercraft,549
the fee for which shall be four dollars.550

       (L) If the chief finds that a registration certificate551
previously issued to an owner is in error to a degree that would552
impair its basic purpose and use, the chief may issue a corrected553
certificate to the owner without charge.554

       (M) No authorized agent shall issue and no person shall555
receive or accept from an authorized agent a registration556
certificate assigned to the authorized agent under division (H) of557
this section unless the exact month, day, and year of issue are558
plainly written thereon by the agent. Certificates issued with559
incorrect dates of issue are void from the time they are issued.560

       (N) The chief, in accordance with Chapter 119. of the561
Revised Code, shall adopt rules governing the renewal of562
watercraft registrations by electronic means.563

       (O) As used in this section:564

       (1) "Disabled veteran" means a person who is included in565
either of the following categories:566

       (a) Because of a service-connected disability, has been or567
is awarded funds for the purchase of a motor vehicle under the568
"Disabled Veterans' and Servicemen's Automobile Assistance Act of569
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;570

       (b) Has a service-connected disability rated at one hundred571
per cent by the veterans administration.572

       (2) "Prisoner of war" means any regularly appointed,573
enrolled, enlisted, or inducted member of the military forces of574
the United States who was captured, separated, and incarcerated by575
an enemy of the United States at any time, and any regularly576
appointed, enrolled, or enlisted member of the military forces of577
Great Britain, France, Australia, Belgium, Brazil, Canada, China,578
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland,579
South Africa, or the republics formerly associated with the Union580
of Soviet Socialist Republics or Yugoslavia who was a citizen of581
the United States at the time of the appointment, enrollment, or582
enlistment, and was captured, separated, and incarcerated by an583
enemy of this country during World War II.584

       (P) Any disabled veteran, congressional medal of honor585
awardee, or prisoner of war may apply to the chief for a586
certificate of registration, or for a renewal of the certificate587
of registration, without the payment of any fee required by this588
section. The application for a certificate of registration shall589
be accompanied by evidence of disability or by documentary590
evidence in support of a congressional medal of honor that the591
chief requires by rule. The application for a certificate of592
registration by any person who has been a prisoner of war shall be593
accompanied by written evidence in the form of a record of594
separation, a letter from one of the armed forces of a country595
listed in division (O)(2) of this section, or other evidence that596
the chief may require by rule, that the person was honorably597
discharged or is currently residing in this state on active duty598
with one of the branches of the armed forces of the United States,599
or was a prisoner of war and was honorably discharged or received600
an equivalent discharge or release from one of the armed forces of601
a country listed in division (O)(2) of this section.602

       (Q) Annually by the fifteenth day of January, the director603
of natural resources shall determine the amount of fees that would604
have been collected in the prior calendar year for each605
certificate of registration issued or renewed pursuant to division606
(P) of this section and shall certify the total amount of foregone607
revenue to the director of budget and management for608
reimbursement. The director of budget and management shall609
transfer the amount certified from the general revenue fund to the610
waterways safety fund created pursuant to section 1547.75 of the611
Revised Code.612

       Sec. 1547.542.  Any person or organization owning any number613
of canoes, kayaks, rowboats, inflatable watercraft, or sailboats614
for the purpose of rental to the public may apply with the chief615
of the division of watercraft for and receive an annual616
certificate of livery registration. No watercraft shall be rented617
to the public from a livery or other place of business in this618
state unless it first has been numbered and registered in619
accordance with this section or section 1547.54 of the Revised620
Code. Certificates of livery registration shall be issued by an621
authorized agent who is selected by the chief from among those622
designated under section 1547.54 of the Revised Code. The623
certificate shall display the name of the owner of the livery, the624
date of issuance, the date of expiration, the number of watercraft625
registered, the fee paid, an authorized facsimile of the signature626
of the chief provided by the authorized agent who is selected to627
issue the certificate, and the signature of the livery owner. The628
certificate shall bear the livery watercraft registration number629
assigned to the livery owner, which shall be displayed in630
accordance with section 1547.57 of the Revised Code on each631
watercraft in the fleet for which the certificate was issued. The632
owner of a livery shall obtain an amended certificate of livery633
registration from the chief whenever the composition of the fleet634
changes.635

       The fee for each watercraft registered under this section636
shall be in accordance withan annual registration fee. The fee637
shall be one-third of the triennial registration fees prescribed638
in section 1547.54 of the Revised Code. However, if the size of639
the fleet does not increase, the fee for an amended certificate of640
livery registration shall be the fee prescribed for issuing a641
duplicate registration certificate under section 1547.54 of the642
Revised Code, and the chief shall not refund to the livery owner643
all or any portion of an annual registration fee applicable to a644
watercraft transferred or abandoned by the livery owner. If the645
size of the fleet increases, the livery owner shall be required to646
pay the applicable annual registration fee for each watercraft647
registered under an amended certificate of livery registration648
that is in excess of the number of watercraft contained in the649
annual certificate of livery registration.650

       The certificate of livery registration, rental receipts, and651
required safety equipment are subject to inspection at any time at652
the livery's place of business by any authorized representative of653
the division of watercraft or any law enforcement officer in654
accordance with section 1547.63 of the Revised Code.655

       Except as provided in this section, all watercraft registered656
under this section are subject to this chapter and Chapter 1548.657
of the Revised Code.658

       The chief may issue an order temporarily or permanently659
restricting or suspending a livery certificate of registration and660
the privileges associated with it without a hearing if the chief661
finds that the holder of the certificate has violated this662
chapter.663

       Sec. 1547.57. When(A) Except as otherwise provided in664
division (C) of this section, when the chief of the division of665
watercraft issues a registration certificate under section 1547.54666
of the Revised Code, the chief also shall issue to the applicant667
two tags not larger than three inches square, color coded,668
indicating the expiration date of the certificate. The owner of669
watercraft currently documented by the United States coast guard670
and for which a registration certificate is issued shall securely671
affix one tag to the watercraft's port side and the other tag to672
the starboard side so that the tags are clearly visible under673
normal operating conditions. The tags shall be removed from the674
watercraft when they become invalid. The owner of any other675
watercraft for which a registration certificate is issued shall676
securely affix one tag to the watercraft's port side, six inches677
toward the stern from the identification number, and the other tag678
to the starboard side, six inches toward the stern from the679
identification number. The tags shall be securely affixed to the680
watercraft prior to its operation, but shall be removed from the681
watercraft when they become invalid. A person may operate without682
a registration certificate issued under section 1547.54 of the683
Revised Code, for a period not to exceed forty-five days, any684
watercraft required to be titled on the waters in this state if685
the person is in compliance with section 1547.531 of the Revised686
Code.687

       (B) The owner of every watercraft requiring numbering by688
this state shall attach to each side of the bow of the watercraft689
the permanent identification number in such manner as may be690
prescribed by applicable federal standards in order that it shall691
be clearly visible. The number shall be maintained in a legible692
condition at all times. No number other than the number assigned693
to a watercraft or granted by reciprocity pursuant to this chapter694
shall be painted, attached, or otherwise displayed on either side695
of the bow of the watercraft.696

       (C) When the chief issues a registration certificate under697
section 1547.54 of the Revised Code for a canoe, rowboat, or698
inflatable watercraft that has not been numbered under section699
1547.53 of the Revised Code, the chief also shall issue to the700
applicant a tag not larger than three inches by six inches, with701
distinguishing color coding and a number for identification702
purposes. The owner of the canoe, rowboat, or inflatable703
watercraft for which the registration certificate is issued shall704
affix the tag securely to a location on the canoe, rowboat, or705
inflatable watercraft as prescribed by rules adopted by the chief706
under section 1547.52 of the Revised Code.707

       (D) No person shall operate or permit to be operated any708
watercraft on the waters in this state in violation of this709
section.710

       Sec. 1547.65. (A) A watercraft constructed on or after711
November 1, 1972, shall have a hull identification number712
permanently displayed and affixed to it in accordance with federal713
law.714

       (B) A watercraft constructed before November 1, 1972, shall715
have a hull identification number assigned to it by the chief of716
the division of watercraft at the time of registration, at the717
time of application for title, after transfer of ownership, or at718
the time of a change to this state as the principal location of719
operation. The number shall be permanently displayed and affixed720
as prescribed by rules adopted under section 1547.52 of the721
Revised Code.722

       (C) A person who builds a watercraft or imports a watercraft723
from another country for personal use and not for the purpose of724
sale shall request a hull identification number from the chief and725
permanently display and affix the number as prescribed by rules726
adopted under section 1547.52 of the Revised Code.727

       (D) No person shall operate or permit to be operated any728
watercraft on the waters in this state in violation of this729
section.730

       Sec. 1547.99.  (A) Whoever violates section 1547.91 of the731
Revised Code is guilty of a felony of the fourth degree.732

       (B) Whoever violates section 1547.10, division (I) of733
section 1547.111, section 1547.13, or section 1547.66 of the734
Revised Code is guilty of a misdemeanor of the first degree.735

       (C) Whoever violates a provision of this chapter or a rule736
adopted thereunder, for which no penalty is otherwise provided, is737
guilty of a minor misdemeanor.738

       (D) Whoever violates section 1547.07 or 1547.12 of the739
Revised Code without causing injury to persons or damage to740
property is guilty of a misdemeanor of the fourth degree.741

       (E) Whoever violates section 1547.07 or 1547.12 of the742
Revised Code causing injury to persons or damage to property is743
guilty of a misdemeanor of the third degree.744

       (F) Whoever violates division (M) of section 1547.54,745
division (G) of section 1547.30, or section 1547.131, 1547.25,746
1547.33, 1547.38, 1547.39, 1547.40, 1547.65, 1547.69, or 1547.92747
of the Revised Code or a rule adopted under division (A)(2) of748
section 1547.52 of the Revised Code is guilty of a misdemeanor of749
the fourth degree.750

       (G) Whoever violates section 1547.11 of the Revised Code is751
guilty of a misdemeanor of the first degree and shall be punished752
as provided in division (G)(1), (2), or (3) of this section.753

       (1) Except as otherwise provided in division (G)(2) or (3)754
of this section, the court shall sentence the offender to a term755
of imprisonment of three consecutive days and may sentence the756
offender pursuant to section 2929.21 of the Revised Code to a757
longer term of imprisonment. In addition, the court shall impose758
upon the offender a fine of not less than one hundred fifty nor759
more than one thousand dollars.760

       The court may suspend the execution of the mandatory three761
consecutive days of imprisonment that it is required to impose by762
division (G)(1) of this section if the court, in lieu of the763
suspended term of imprisonment, places the offender on probation764
and requires the offender to attend, for three consecutive days, a765
drivers' intervention program that is certified pursuant to766
section 3793.10 of the Revised Code. The court also may suspend767
the execution of any part of the mandatory three consecutive days768
of imprisonment that it is required to impose by division (G)(1)769
of this section if the court places the offender on probation for770
part of the three consecutive days; requires the offender to771
attend, for that part of the three consecutive days, a drivers'772
intervention program that is certified pursuant to section 3793.10773
of the Revised Code; and sentences the offender to a term of774
imprisonment equal to the remainder of the three consecutive days775
that the offender does not spend attending the drivers'776
intervention program. The court may require the offender, as a777
condition of probation, to attend and satisfactorily complete any778
treatment or education programs, in addition to the required779
attendance at a drivers' intervention program, that the operators780
of the drivers' intervention program determine that the offender781
should attend and to report periodically to the court on the782
offender's progress in the programs. The court also may impose783
any other conditions of probation on the offender that it784
considers necessary.785

       (2) If, within five years of the offense, the offender has786
been convicted of or pleaded guilty to one violation of section787
1547.11 of the Revised Code, of a municipal ordinance relating to788
operating a watercraft or manipulating any water skis, aquaplane,789
or similar device while under the influence of alcohol, a drug of790
abuse, or alcohol and a drug of abuse, of a municipal ordinance791
relating to operating a watercraft or manipulating any water skis,792
aquaplane, or similar device with a prohibited concentration of793
alcohol in the blood, breath, or urine, of division (A)(1) of794
section 2903.06 of the Revised Code, or of division (A)(2), (3),795
or (4) of section 2903.06 of the Revised Code or former section796
2903.06 or 2903.07 of the Revised Code in a case in which the jury797
or judge found that the offender was under the influence of798
alcohol, a drug of abuse, or alcohol and a drug of abuse, the799
court shall sentence the offender to a term of imprisonment of ten800
consecutive days and may sentence the offender pursuant to section801
2929.21 of the Revised Code to a longer term of imprisonment. In802
addition, the court shall impose upon the offender a fine of not803
less than one hundred fifty nor more than one thousand dollars.804

       In addition to any other sentence that it imposes upon the805
offender, the court may require the offender to attend a drivers'806
intervention program that is certified pursuant to section 3793.10807
of the Revised Code.808

       (3) If, within five years of the offense, the offender has809
been convicted of or pleaded guilty to more than one violation810
identified in division (G)(2) of this section, the court shall811
sentence the offender to a term of imprisonment of thirty812
consecutive days and may sentence the offender to a longer term of813
imprisonment of not more than one year. In addition, the court814
shall impose upon the offender a fine of not less than one hundred815
fifty nor more than one thousand dollars.816

       In addition to any other sentence that it imposes upon the817
offender, the court may require the offender to attend a drivers'818
intervention program that is certified pursuant to section 3793.10819
of the Revised Code.820

       (4) Upon a showing that imprisonment would seriously affect821
the ability of an offender sentenced pursuant to division (G)(1),822
(2), or (3) of this section to continue the offender's employment,823
the court may authorize that the offender be granted work release824
from imprisonment after the offender has served the three, ten, or825
thirty consecutive days of imprisonment that the court is required826
by division (G)(1), (2), or (3) of this section to impose. No827
court shall authorize work release from imprisonment during the828
three, ten, or thirty consecutive days of imprisonment that the829
court is required by division (G)(1), (2), or (3) of this section830
to impose. The duration of the work release shall not exceed the831
time necessary each day for the offender to commute to and from832
the place of employment and the place of imprisonment and the time833
actually spent under employment.834

       (5) Notwithstanding any section of the Revised Code that835
authorizes the suspension of the imposition or execution of a836
sentence or the placement of an offender in any treatment program837
in lieu of imprisonment, no court shall suspend the ten or thirty838
consecutive days of imprisonment required to be imposed by839
division (G)(2) or (3) of this section or place an offender who is840
sentenced pursuant to division (G)(2) or (3) of this section in841
any treatment program in lieu of imprisonment until after the842
offender has served the ten or thirty consecutive days of843
imprisonment required to be imposed pursuant to division (G)(2) or844
(3) of this section. Notwithstanding any section of the Revised845
Code that authorizes the suspension of the imposition or execution846
of a sentence or the placement of an offender in any treatment847
program in lieu of imprisonment, no court, except as specifically848
authorized by division (G)(1) of this section, shall suspend the849
three consecutive days of imprisonment required to be imposed by850
division (G)(1) of this section or place an offender who is851
sentenced pursuant to division (G)(1) of this section in any852
treatment program in lieu of imprisonment until after the offender853
has served the three consecutive days of imprisonment required to854
be imposed pursuant to division (G)(1) of this section.855

       (H) Whoever violates section 1547.304 of the Revised Code is856
guilty of a misdemeanor of the fourth degree and also shall be857
assessed any costs incurred by the state or a county, township,858
municipal corporation, or other political subdivision in disposing859
of an abandoned junk vessel or outboard motor, less any money860
accruing to the state, county, township, municipal corporation, or861
other political subdivision from that disposal.862

       (I) Whoever violates division (B) or (C) of section 1547.49863
of the Revised Code is guilty of a minor misdemeanor.864

       (J) Whoever violates section 1547.31 of the Revised Code is865
guilty of a misdemeanor of the fourth degree on a first offense.866
On each subsequent offense, the person is guilty of a misdemeanor867
of the third degree.868

       (K) Whoever violates section 1547.05 or 1547.051 of the869
Revised Code is guilty of a misdemeanor of the fourth degree if870
the violation is not related to a collision, injury to a person,871
or damage to property and a misdemeanor of the third degree if the872
violation is related to a collision, injury to a person, or damage873
to property.874

       (L) The sentencing court, in addition to the penalty875
provided under this section for a violation of this chapter or a876
rule adopted under it that involves a powercraft powered by more877
than ten horsepower and that, in the opinion of the court,878
involves a threat to the safety of persons or property, shall879
order the offender to complete successfully a boating course880
approved by the national association of state boating law881
administrators before the offender is allowed to operate a882
powercraft powered by more than ten horsepower on the waters in883
this state. Violation of a court order entered under this884
division is punishable as contempt under Chapter 2705. of the885
Revised Code.886

       Sec. 4585.31.  As used in sections 4585.31 to 4585.34 of the887
Revised Code, "owner of any property" or "owner of the property"888
means an owner, lessee, or any other person entitled to possession889
of the property.890

       The owner of any property on which a watercraft or outboard891
motor valued at less than ten thousand dollars has been left for892
six months without permission may sell the watercraft or motor at893
public auction and recover histhe owner's maintenance or repair894
charges, including parts and labor charges and dockage or storage895
charges, if all of the following conditions are met:896

       (A) The owner of the property applies for a search of the897
records of the division of watercraft for the name and address of898
the owner of the watercraft or motor and for a search for any lien899
or mortgage thereon;.900

       (B) Upon receiving the results of the searches, the owner of901
the property sends notice by certified mail, return receipt902
requested, to:903

       (1) The last known address of the owner of the watercraft or904
motor, to remove the watercraft or motor;905

       (2) Any lienholder or mortgagee, stating where the906
watercraft or motor is located and any maintenance or repair907
charges, including parts and labor charges and dockage or storage908
charges. Unless the lienholder or mortgagee redeems the909
watercraft or motor within forty-five days after the return910
receipt is received by the sender, the lien or mortgage is911
invalid. The lienholder or mortgagee may, to the extent of his912
the lienholder's or mortgagee's previously secured interest,913
assert a claim for any amount deposited in the county treasury for914
the watercraft or motor pursuant to section 4585.33 of the Revised915
Code.916

       (C) The watercraft or motor remains unredeemed by the owner,917
lienholder, or mortgagee for forty-five days after the return918
receipts are recovered by the sender;.919

       (D) The owner of the property requests the chief of the920
division of watercraft or his designee, an appointee of the chief921
who shall be a watercraft dealer licensedcertified in accordance922
with section 1547.651547.543 of the Revised Code or an923
independent marine surveyor and appraiser, to appraise the924
watercraft or motor and secures from the the chief or his designee925
written confirmation that the fair market value of the watercraft926
or motor is less than ten thousand dollars. The chief or his927
designee shall make such appraisal when requested and shall give928
to the owner of the property written confirmation that the value929
has been correctly determined.930

       (E) The owner of the property advertises that the watercraft931
or motor will be sold at public auction. The advertisement of932
sale shall be published once a week for two consecutive weeks in933
the auction section of a newspaper of general circulation in the934
county where the watercraft or motor has been left without935
permission. The advertisement shall include a description of the936
watercraft or motor, the name of the owner, and the date, time,937
and place of the sale.938

       (F) An auction sale is conducted on the property where the939
watercraft or motor was left without permission of the owner of940
the property, at which the highest bidder is the purchaser of the941
watercraft or motor. The owner of the property shall provide a942
reasonable period of time prior to the sale for prospective943
purchasers to examine the watercraft or motor. The owner of the944
property may bid at the sale.945

       (G) Immediately after the auction sale, the owner of the946
property executes an affidavit in triplicate, on a form prescribed947
by the secretary of state and provided by the clerk of courts,948
stating:949

       (1) That the requirements of this section have been met;950

       (2) The length of time that the watercraft or motor was left951
on histhe owner's property without permission, as of the date of952
the auction sale;953

       (3) The expenses incurred by the owner of the property in954
connection with the watercraft or motor as of the date of the955
auction sale, including the expenses of conducting the sale and,956
if the property is operated as a place of storage for charge, any957
accrued dockage or storage charges and any maintenance or repair958
charges, including parts and labor charges;959

       (4) The name and address of the purchaser of the watercraft960
or motor at the auction sale and the amount of histhe purchaser's961
bid.962

       (H) Upon payment of the bid price by the purchaser, the963
owner of the property presents the affidavit in triplicate964
required by division (G) of this section, the written confirmation965
of value required by division (D) of this section, and the return966
receipts required by division (B) of this section to the purchaser967
of the watercraft or motor.968

       Section 2. That existing sections 1547.01, 1547.25, 1547.53,969
1547.531, 1547.54, 1547.542, 1547.57, 1547.99, and 4585.31 and970
section 1547.62 of the Revised Code are hereby repealed.971