As Reported by the Senate Transportation Committee

130th General Assembly
Regular Session
2013-2014
Am. Sub. H. B. No. 29


Representative Damschroder 

Cosponsors: Representatives Roegner, Gonzales, Cera, Huffman, Sears, Smith, Hood, Adams, J., Retherford, Perales, McGregor, Pillich, Johnson, Burkley, Hagan, C., Lynch, Patterson, Redfern, Scherer, Strahorn, Anielski, Antonio, Baker, Barborak, Beck, Blair, Blessing, Boose, Brenner, Brown, Buchy, Butler, Carney, DeVitis, Dovilla, Duffey, Green, Grossman, Hackett, Hagan, R., Hall, Hottinger, Kunze, Letson, Maag, McClain, Milkovich, O'Brien, Pelanda, Ramos, Rogers, Rosenberger, Schuring, Slaby, Sprague, Stebelton, Stinziano, Terhar, Thompson, Wachtmann, Winburn, Young Speaker Batchelder 

Senators Manning, Gardner, LaRose, Patton 



A BILL
To amend sections 1547.05, 1547.52, and 1547.521 of 1
the Revised Code to exempt persons holding certain 2
Coast Guard endorsements from the requirement to 3
complete a safe boater course or examination, to 4
establish conditions for watercraft safety 5
inspections, and to declare an emergency.6


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

       Section 1.  That sections 1547.05, 1547.52, and 1547.521 of 7
the Revised Code be amended to read as follows:8

       Sec. 1547.05. No(A) Except as provided in division (B) of 9
this section, no person born on or after January 1, 1982, shall 10
operate on the waters in this state a powercraft powered by more 11
than ten horsepower, unless the operator successfully has 12
completed either a safe boater course approved by the national 13
association of state boating law administrators or a proctored or 14
nonproctored proficiency examination that tests knowledge of 15
information included in the curriculum of such a course, and has 16
received a certificate as evidence of successful completion of the 17
course or examination.18

       (B) Division (A) of this section does not apply to an 19
individual who possesses valid merchant mariner credentials issued 20
by the United States coast guard in accordance with 46 C.F.R. 21
10.109 with at least one endorsement of master or operator as 22
defined in 46 C.F.R. 10.107. Such an individual, while operating 23
any recreational vessel on the waters in this state, shall carry 24
onboard documentation of the merchant mariner credentials and 25
required endorsements and shall present the documentation to a 26
watercraft officer or law enforcement officer upon request.27

       (C) No person shall permit a powercraft to be operated on the 28
waters in this state in violation of division (A) of this section.29

       Sec. 1547.52.  (A) The division of watercraft shall be 30
administered by the chief of the division of watercraft. The chief 31
may adopt, amend, and rescind:32

       (1) Rules considered necessary by the chief to supplement the 33
identification, operation, titling, use, registration, and 34
numbering of watercraft or vessels as provided in this chapter and 35
Chapter 1548. of the Revised Code;36

       (2) Rules governing the navigation of vessels on waters in 37
this state, including, but not limited to, rules regarding 38
steering and sailing, the conduct of vessels in sight of one 39
another or in restricted visibility, lights and shapes of lights 40
used on vessels, and sound and light signals. As the chief 41
considers necessary, these navigational rules shall be consistent 42
with and equivalent to the regulations and interpretive rulings 43
governing inland waters adopted or issued under the "Inland 44
Navigational Rules Act of 1980," 94 Stat. 3415, 33 U.S.C.A. 151, 45
1604, 1605, 1608, 2001 to 2008, and 2071 to 2073.46

       (3) Rules governing the use, visitation, protection, and 47
administration of wild river areas, scenic river areas, and 48
recreational river areas;49

        (4) Rules governing vessel safety inspection checkpoints, 50
including procedures that comply with statutory and constitutional 51
provisions governing searches and seizures by law enforcement 52
officers;53

       (5) Rules establishing fees and charges for all of the 54
following:55

       (a) Boating skill development classes and other educational 56
classes;57

       (b) Law enforcement services provided at special events when 58
the services are in addition to normal enforcement duties;59

       (c) Inspections of vessels or motors conducted under this 60
chapter or Chapter 1548. of the Revised Code;61

       (d) The conducting of stream impact reviews of any planned or 62
proposed construction, modification, renovation, or development 63
project that may potentially impact a watercourse within a 64
designated wild, scenic, or recreational river area.65

       All rules adopted by the chief under division (A) of this 66
section shall be adopted in accordance with Chapter 119. of the 67
Revised Code and are subject to the prior approval of the director 68
of natural resources.69

       (B) The chief, with the approval of the director, may employ 70
such clerical and technical help as the chief considers necessary.71

       (C) The chief may designate license agents with the approval 72
of the director.73

       (D) The division is hereby designated as the agency to 74
administer the Ohio boating safety program and allocated federal 75
funds under, and the chief shall prepare and submit reports in 76
such form as may be required by, the "Federal Boat Safety Act of 77
1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended.78

       (E) The chief may sell any of the following:79

       (1) Items related to or that promote boating safety, 80
including, but not limited to, pins, badges, books, bulletins, 81
maps, publications, calendars, and other educational articles;82

       (2) Artifacts pertaining to boating;83

       (3) Confiscated or forfeited items;84

       (4) Surplus equipment.85

       Sec. 1547.521.  (A) The law enforcement officers of the 86
division of watercraft shall be known as "state watercraft 87
officers." The chief of the division of watercraft and state 88
watercraft officers:89

       (1) Shall develop and conduct educational programs in vessel 90
safety, sanitation, and operation and in other related subjects 91
that the chief considers appropriate or necessary;92

       (2) Shall enforce this chapter and Chapter 1548. of the 93
Revised Code and rules adopted under them, and may enforce laws 94
prohibiting the dumping of refuse, trash, or litter into the 95
waters in this state and Chapters 2925. and 3719. of the Revised 96
Code on all waters in the state;97

       (3) On any lands owned, controlled, maintained, or 98
administered by the department of natural resources and on any 99
waters in this state, shall have the authority specified under 100
section 2935.03 of the Revised Code for peace officers of the 101
department of natural resources to keep the peace, to enforce all 102
laws and rules governing those lands and waters, and to make 103
arrests for violation of those laws and rules, provided that the 104
authority shall be exercised on lands or waters administered by 105
another division of the department only pursuant to an agreement 106
with the chief of that division or to a request for assistance by 107
an enforcement officer of that division in an emergency. The 108
jurisdiction of state watercraft officers shall be concurrent with 109
that of the peace officers of the county, township, or municipal 110
corporation in which the violation occurs.111

       (4) For the purpose of enforcing the laws and rules that they 112
have the authority to enforce, may stop, board, and conduct a 113
safety inspection of any vessel;114

       (5) May serve and execute any citation, summons, warrant, or 115
other process issued with respect to any law that they have the 116
authority to enforce.117

       (B)(1) Except as authorized by division (B)(2) of this 118
section, no state watercraft officer or other law enforcement 119
officer as described in section 1547.63 of the Revised Code shall 120
stop or board any vessel solely for the purpose of conducting a 121
safety inspection of the vessel unless the owner or operator 122
voluntarily requests the watercraft officer or other law 123
enforcement officer to conduct a safety inspection of the vessel.124

       (2) A state watercraft officer or other law enforcement 125
officer as described in section 1547.63 of the Revised Code may 126
stop, board, and conduct a safety inspection of any vessel for the 127
purpose of enforcing the laws and rules that the officer has the 128
authority to enforce under this chapter, if either of the 129
following applies:130

       (a) The watercraft officer or law enforcement officer 131
authorized under section 1547.63 of the Revised Code has a 132
reasonable suspicion that the vessel, the vessel's equipment, or 133
the vessel's operator is in violation of this chapter or rules 134
adopted under it or is otherwise engaged in a violation of a law 135
of this state or a local ordinance, resolution, rule, or 136
regulation adopted in compliance with the provisions of this 137
chapter within the territorial jurisdiction of the officer;138

       (b) The watercraft officer or law enforcement officer 139
authorized under section 1547.63 of the Revised Code is conducting 140
a vessel safety inspection in the course of an authorized 141
checkpoint operation in accordance with rules adopted by the chief 142
of the division of watercraft under section 1547.52 of the Revised 143
Code.144

       (C) A state watercraft officer may render assistance to a 145
state or local law enforcement officer at the request of that 146
officer or may render assistance to a state or local law 147
enforcement officer in the event of an emergency.148

       State watercraft officers serving outside the division of 149
watercraft under this section or serving under the terms of a 150
mutual aid compact authorized under section 1501.02 of the Revised 151
Code shall be considered as performing services within their 152
regular employment for the purposes of compensation, pension or 153
indemnity fund rights, workers' compensation, and other rights or 154
benefits to which they may be entitled as incidents of their 155
regular employment.156

       State watercraft officers serving outside the division of 157
watercraft under this section or under a mutual aid compact retain 158
personal immunity from civil liability as specified in section 159
9.86 of the Revised Code and shall not be considered an employee 160
of a political subdivision for purposes of Chapter 2744. of the 161
Revised Code. A political subdivision that uses state watercraft 162
officers under this section or under the terms of a mutual aid 163
compact authorized under section 1501.02 of the Revised Code is 164
not subject to civil liability under Chapter 2744. of the Revised 165
Code as the result of any action or omission of any state 166
watercraft officer acting under this section or under a mutual aid 167
compact.168

       Section 2.  That existing sections 1547.05, 1547.52, and 169
1547.521 of the Revised Code are hereby repealed.170

       Section 3. This act is hereby declared to be an emergency 171
measure necessary for the immediate preservation of the public 172
peace, health, and safety. The reason for such necessity is that 173
boaters using the waters of this state urgently need the support 174
and protection afforded by this act during the current boating 175
season. Therefore, this act shall go into immediate effect.176