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(127th General Assembly)
(Amended Substitute Senate Bill Number 271)
AN ACT
To amend sections 1541.31, 1547.14, 1547.24, 1547.99,
and
1548.032 and to enact sections
1547.072 and
1547.132 of the Revised Code to make
changes to
the laws governing watercraft, to revise the
Pymatuning Lake Compact, and to declare an
emergency.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 1541.31, 1547.14, 1547.24, 1547.99,
and
1548.032 be amended and sections 1547.072 and 1547.132 of the
Revised Code be
enacted to read as follows:
Sec. 1541.31. That the compact or agreement mentioned
below
and every article, matter, and thing therein is hereby
ratified
and approved and shall be and hereafter remain in force
agreeable
to the true tenor and intent thereof.
AGREEMENT BETWEEN THE COMMONWEALTH OF PENNSYLVANIA
AND THE STATE OF OHIO RE PYMATUNING LAKE
This agreement made and concluded between the commonwealth
of
Pennsylvania, acting by and through its lawfully authorized
agency, namely, the water and power resources board, as party of
the first part, and the state of Ohio, acting by and through its
lawfully authorized agency, namely, its conservation
commissioner,
as party of the second part,
Witnesseth:
Whereas, By act of assembly of Pennsylvania approved May 2,
1929, P. L. 1503, as amended by acts of May 5, 1931, P. O. 84,
April 24, 1933, P. L. 67, and July 9, 1935, P. L. 619, the
department of forests and waters of Pennsylvania, acting through
the water and power resources board, was authorized, inter alia,
to complete the work begun and continued under an act approved
July 25, 1913, P. L. 1270, entitled "An act providing for the
erection of a dam at the outlet of Pymatuning swamp, and the
establishment of a reservoir to conserve the waters thereof;
providing for the taking of land and materials necessary thereto;
vesting certain powers and duties in the water supply commission;
and making an appropriation", and did duly complete said work,
whereby there was created a lake or reservoir, now known and
hereinafter called Pymatuning Lake, extending in part across the
boundary line between said states of Ohio and Pennsylvania into
the state of Ohio, and
Whereas, The primary purposes of the project by which said
lake was created was to conserve water draining said swamp, all
of
which has its source in Pennsylvania, as well as control
floods
and regulate the flow of water in the Shenango and Beaver
rivers,
and secondary thereto, permit the water and the land
surrounding
the same to be used for fishing, hunting, recreation
and park
purposes, under such terms and conditions as the water
and power
resources board might determine, in such way or ways as
in the
opinion of the said board will not materially interfere
with the
primary purpose in said acts of assembly and
hereinbefore
specifically referred to, and
Whereas, In view of the fact that a certain part of the
lake
extends into the state of Ohio, whereby it is necessary and
desirable that the use of the lake for the secondary purposes,
namely, hunting, fishing, and recreational use, be uniformly
provided for, as well as to guard against inconvenience and
mischiefs which might hereafter arise from the uncertainty of
jurisdiction within and on said lake, to the end that the lake
may
be adequately policed and conflicts of jurisdiction for the
arrest
and punishment of offenders be avoided.
Now, then, therefore, in order that law and justice may in
all such cases be executed and take effect upon said lake from
shore to shore in all parts and places thereof where the lake is
a
boundary between said states, the said parties hereto do agree
for
and in behalf of their respective states in the manner
following:
1. General use. It is hereby agreed that the entire
Pymatuning lake or reservoir, subject to the primary use thereof
by the commonwealth of Pennsylvania for regulating the flow of
the
water in the Shenango and Beaver rivers as in paragraph 9
hereinafter more specifically mentioned, shall be open for
recreational use equally to the citizens of both contracting
parties, save as restricted as to hunting, fishing, and boating in
this agreement set forth, or hereafter mutually agreed upon by
both parties but no person shall be permitted to hunt or fish
therein or thereon unless the lawful holder of a fishing or
hunting license, authorizing the holder so to do,
issued by the
proper authorities of Pennsylvania or of Ohio.
2. Arrest and prosecution of offenders. That each state
shall
enjoy and exercise a concurrent jurisdiction upon the water
(but
not upon the dry land), between the shores of said lake,
including
the islands therein, with respect to the arrest and
prosecution of
offenders, but in such sort that any boat or
vessel fastened to or
aground on the shore of either state shall
be considered
exclusively within the jurisdiction of said state;
but that all
capital and other offenses, trespasses, or damages
committed on or
over said lake, the judicial investigation and
determination
thereof shall be exclusively vested in the state
wherein the
offender or person charged with such offense shall be
first
apprehended, arrested, prosecuted, or first brought to
trial; it
being the intent of this agreement that an offender may
be pursued
and arrested anywhere on or over said lake or shores
thereof or
islands therein, regardless of the boundary lines, by
any peace
officers or persons of either state authorized to make
arrests,
whether the offenses be committed on or over any part of
the lake,
on the shores or islands therein, regardless of the
state in which
the place where the offense was committed lies.
3. Islands. All islands within the lake shall be
considered
as part of the state of Pennsylvania.
4. Pollution of water. The lake shall be forever
protected
against pollution of its waters by industrial trade
waste,
individual, or municipal sewage from shore or boat, and
the
discharge of any noxious or deleterious substance, liquid or
solid, into the waters of the lake which is or may become
inimical, or injurious, to public health or to animal or aquatic
life is hereby expressly forbidden.
No sewage may be discharged into the waters of the lake
except after complete treatment and then only upon permit first
approved by the health department of both states.
5. Boats and vessels Watercraft. No person shall operate any
watercraft propelled by a single motor, or any combination of
motors, that produces a horsepower rating in excess of ten twenty
horsepower on Pymatuning Lake, except a pontoon boat sixteen feet
in length or longer propelled by a single motor, or any
combination of motors, that produces a horsepower rating of twenty
horsepower or less and police or administration watercraft, the
number of
which shall be mutually agreed upon by the parties
hereto.
No person shall operate a watercraft without
first obtaining
a license from the respective state of which the
owner is a
resident under such regulations as each party to this
agreement
may now have or hereafter adopt. Provided nevertheless that
the
use of any type of watercraft equipped with a motor is expressly
limited and
restricted to that portion of the lake extending from
the main
dam near Jamestown northwardly to the causeway at or near
Linesville. Watercraft equipped with a
motor in excess of ten
a
twenty horsepower rating may be operated on said
lake so long as
such motor is not used, except for a pontoon boat that is sixteen
feet in length or longer.
No person shall ride or attempt to ride upon one or more
water skis, surfboards, towed inflatable devices, or similar
devices or use or operate any vessel watercraft to tow a person
thereon.
Nothing contained in this subdivision shall be interpreted
to
effect a change in the level or flow of water as determined or
fixed by the department of conservation and natural resources.
Any one who violates any of the provisions of this
subsection
or who operates any boat equipped with a motor on the
lake without
being authorized to do so under the provisions of
this
subdivision, shall, upon conviction thereof, be sentenced in
accordance with the applicable laws for the same or similar
violations within the prosecuting jurisdiction, provided that the
penalty for said violation shall not exceed a fine of five hundred
dollars or imprisonment for thirty days.
6. Fishing. Any person possessing a duly issued fishing
license by either state shall be permitted to fish anywhere on
the
entire lake (except such portion thereof as is closed to
fishing
by paragraph 8 hereof or such further portion as may
hereafter by
regulation be mutually agreed to by the parties
hereto), but no
fisher shall be entitled to fish from
the
shores of the state of
which the fisher is a nonresident
unless the fisher
complies with
the nonresident fishing license law of said state.
In order to permit the fish to fully propagate and develop,
no part of the lake shall be open for fishing until July 1, 1937,
and thereafter shall be closed in each year between December 10
and June 30.
Unless otherwise mutually agreed to by both parties hereto,
the creel, size, and season limits for the respective kinds of
fish caught shall be such as may hereafter be agreed upon between
the two states.
7. Reciprocal hunting rights. Reciprocal hunting rights
are
hereby granted to the licensed hunters of each state on the
water
of that portion of the lake, both in Pennsylvania and Ohio,
over
the area bounded on the south by an east and west line
crossing
the state boundary 0.5 of a mile north of Simons, Ohio,
and on the
north by a line drawn between the point at which the
Padanaram
road crosses the state boundary and a point formerly
known as the
Polleck bridge, but such reciprocal hunting rights
hereby granted
shall extend only to such wild migratory birds as
are covered by
the federal migratory bird treaty and federal laws
adopted
thereunder.
Hunting in such portions of the lake as are not included in
the area above described and designated shall be and remain under
the jurisdiction of the commonwealth of Pennsylvania.
No permanent blinds shall be erected anywhere on the lake
and
shores thereof, but this provision shall not be interpreted
as
forbidding the use of a boat as a blind temporarily moored to
or
grounded on the shore of the lake or islands thereof.
8. Wild game and fish sanctuaries. A. The game
commission of
the state of Pennsylvania, having established a
wild migratory
bird and game sanctuary or refuge in that part of
the lake located
southeast of the Pennsylvania railroad crossing,
it is expressly
agreed that nothing herein contained shall be
interpreted as
entitling the residents of either state, whether
licensed to fish
or hunt, or otherwise, to fish in, hunt,
trespass, or enter upon
said sanctuary for any
purpose whatsoever. Anyone so doing shall
become amenable to prosecution
therefor under the game laws of the
state of Pennsylvania
applicable to game refuges.
B. The conservation division of the department of
agriculture
of the state of Ohio, having established a fish
sanctuary and game
refuge in the following portion of the lake:
Being the southerly parts of lots Nos. 79 and 80, Richmond
township; all of lot No. 41, and all of lot No. 42, except the
westerly 1000 feet thereof, in Andover township, Ashtabula
county,
Ohio:
Beginning at a point in the west line of lot No. 79, that
is
1523 feet south of the north line of lot No. 79; also being
the
center line of Padanaram road; thence southerly along the
county
highway along the westerly side of lot No. 79, 1869.5 feet
to the
north line of Andover township; thence westerly along the
northerly line of Andover township, 939.7 feet to the northwest
corner of lot No. 41; thence southerly along the highway that
marks the westerly line of lot No. 41, 2809.8 feet to the north
line of lot No. 42; thence easterly along the north line of lot
No. 42, 1000 feet to a point; thence in a southerly direction
parallel to and 1000 feet easterly from the westerly line of lot
No. 42, 2734 feet, more or less, to the southerly line of lot No.
42; thence easterly along the said southerly line of lot No. 42,
5180.4 feet to the Ohio and Pennsylvania state line; thence
northerly along the said Ohio and Pennsylvania state line, 7297.6
feet, more or less, to a point that is 1523 feet southerly from
the north line of lot No. 80; thence in a westerly direction,
1523
feet southerly from and parallel to the north lines of lots
Nos.
79 and 80, 5260 feet, more or less, to the place of
beginning.
It is expressly agreed that nothing herein contained shall
be
interpreted as entitling the residents of either state,
whether
licensed to fish or otherwise, to fish in, hunt, trespass,
or
enter upon said sanctuary for any purpose whatsoever. Anyone
so
doing shall become amenable to prosecution therefor under the
laws
of the state of Ohio applicable thereto.
9. Reservation of Pennsylvania's right to the body of the
water. It is expressly agreed that nothing herein contained
shall
operate to deny, limit, or restrict the right of the water
and
power resources board of Pennsylvania, or any authority
established hereafter by said state to exercise such power, to at
any time now or hereafter, raise or draw off so much of the
waters
of the lake as in its sole judgment may be necessary to
maintain
or regulate the flow of the Shenango and Beaver rivers
in
furtherance of the primary purpose for which said lake was
established, and said water and power resources board shall,
without let or hindrance, have the full right irrespective of
other considerations, to release so much of the water as they may
deem proper to maintain the flow of the Shenango and Beaver
rivers, irrespective of its effect on the level of the lake or
use
thereof for other purposes.
Sec. 1547.072. No person shall operate or permit the
operation of a vessel on the waters in this state without
maintaining sufficient control to avoid an incident that results
in property damage, physical injury, loss of life, or any
combination of them.
Sec. 1547.132. (A) As used in this section, "public service"
means activities that include, but are not limited to, escorting
or patrolling special water events, traffic control, salvage,
firefighting, medical assistance, assisting disabled vessels, and
search and rescue.
(B) No person shall operate a vessel at a speed that creates
a wake within one hundred feet of a stationary law enforcement
vessel displaying at least one flashing, oscillating, or rotating
light conforming with 33 C.F.R. 88.11.
(C) No person shall operate a vessel at a speed that creates
a wake within one hundred feet of a vessel that is being used to
provide public service and that displays at least one flashing,
oscillating, or rotating light conforming with 33 C.F.R. 88.12.
(D) No person shall permit any vessel to be operated on the
waters in this state in violation of this section.
Sec. 1547.14. (A) Except on the waters of Lake Erie, the
Ohio River, or Lake Erie and
immediately connected harbors and
anchorage facilities bays, any person who rides
or attempts to
ride upon one or more water skis, surfboard, or similar device,
or
who engages or attempts to engage in barefoot skiing, and any
person who
operates a vessel towing a person riding or
attempting
to ride on one or more
water skis, surfboard, or
similar device,
or engaging or attempting to engage
in barefoot
skiing, shall
confine that activity to the water area within a
designated ski
zone on all bodies of water on which a
ski zone has
been
established.
(B) On all bodies of water designated as "open zone," that
is, having a
combined speed and ski zone where no specific
activity zones have been established, the activities described in
division (A) of this
section shall be confined to the open zone
areas where the activities are not specifically restricted by this
chapter and rules adopted under it.
(C) Divisions (A) and (B) of this section do not apply to an
activity described in division (A) of this section if the
vessel
involved in the activity is traveling at idle speed in
a
designated no wake zone and the activity is not being conducted
in any of the following areas:
(1) Within three hundred feet of a gas dock, marina, launch
ramp, or harbor entrance;
(2) Within a designated anchorage area, swim zone, boat swim
zone, or boat camping area;
(3) Under a bridge or within three hundred feet of a bridge
underpass;
(4) Any area designated as a no ski zone.
(D) No person shall operate or permit to be operated any
vessel
on the waters in
this state in violation of this
section.
Sec. 1547.24. No person shall operate or permit to be
operated any vessel
under eighteen feet in length while there is
present in the vessel any person
under ten years of age, not
wearing a coast guard approved type one, two, or
three, or five
personal flotation device in good and serviceable condition of
appropriate size securely attached to the person under ten years
of age.
Sec. 1547.99. (A) Whoever violates section 1547.91 of the
Revised Code is guilty of a felony of the fourth degree.
(B) Whoever violates division (F) of section 1547.08, section
1547.10, division (I) of
section 1547.111, section 1547.13, or
section 1547.66 of the
Revised Code is guilty of a misdemeanor of
the first degree.
(C) Whoever violates a provision of this chapter or a rule
adopted thereunder, for which no penalty is otherwise provided,
is
guilty of a minor misdemeanor.
(D) Whoever violates section 1547.07, 1547.132, or 1547.12 of
the
Revised Code without causing injury to persons or damage to
property is guilty of a misdemeanor of the fourth degree.
(E) Whoever violates section 1547.07, 1547.132, or 1547.12 of
the
Revised Code causing injury to persons or damage to property
is
guilty of a misdemeanor of the third degree.
(F) Whoever violates division (M) of section 1547.54,
division (G) of section 1547.30, or section 1547.131, 1547.25,
1547.33, 1547.38, 1547.39, 1547.40,
1547.65, 1547.69, or 1547.92
of the
Revised Code or a rule adopted under division (A)(2) of
section
1547.52 of the Revised Code is guilty of a misdemeanor of
the
fourth degree.
(G) Whoever violates section 1547.11 of the Revised Code
is
guilty of a misdemeanor of the first degree and shall be
punished
as provided in division (G)(1), (2), or (3) of this
section.
(1) Except as otherwise provided in division (G)(2) or (3)
of
this
section, the
court shall sentence the offender to a
jail
term
of
three consecutive days and may sentence
the
offender pursuant
to
section
2929.24 of the Revised
Code to a
longer
jail term. In
addition, the
court shall impose
upon the
offender a fine of not
less than one
hundred fifty nor
more than
one thousand dollars.
The court may suspend the execution of the mandatory
jail
term of three
consecutive days
that it is required
to impose by
division (G)(1) of this section if the court, in
lieu
of the
suspended
jail term, places the offender
under a community control
sanction pursuant to section
2929.25 of the Revised Code
and
requires the
offender to attend,
for three consecutive days, a
drivers'
intervention program that
is certified pursuant to
section
3793.10 of the Revised Code. The
court also may suspend
the
execution of any part of the mandatory
jail term of three
consecutive days
that it is
required to impose by division
(G)(1)
of this section if
the court
places the offender
under a community
control
sanction pursuant to section 2929.25 of the Revised Code
for
part
of the three
consecutive days; requires the offender to
attend,
for that part
of the three consecutive days, a drivers'
intervention program
that is certified pursuant to section 3793.10
of the Revised
Code; and sentences the offender to a
jail term
equal
to the remainder of the three consecutive days
that the
offender
does not spend attending the drivers'
intervention
program. The
court may require the offender, as a
condition of
community control, to
attend and
satisfactorily complete any
treatment or education
programs, in
addition to the required
attendance at a drivers'
intervention
program, that the operators
of the drivers'
intervention program
determine that the offender
should attend
and to report
periodically to the court on the
offender's progress
in the
programs. The court also may impose
any
other conditions of
community control on the offender that it
considers
necessary.
(2) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to one violation of
section
1547.11 of the Revised Code, of a municipal ordinance
relating to
operating a watercraft or manipulating any water skis,
aquaplane,
or similar device while under the influence of alcohol,
a drug of
abuse, or
a combination of
them, of a municipal ordinance
relating
to operating a watercraft
or manipulating any water
skis,
aquaplane, or similar device with
a prohibited
concentration of
alcohol, a controlled substance, or a metabolite of a controlled
substance in the
whole blood,
blood
serum or plasma, breath, or
urine, of division
(A)(1) of
section
2903.06 of the Revised Code,
or of division
(A)(2), (3),
or (4) of
section 2903.06 of the
Revised Code
or
section
2903.06 or
2903.07 of the Revised Code
as
they existed prior to March 23,
2000, in a case in which
the jury
or judge found that the offender
was under the influence
of
alcohol, a drug of abuse, or
a combination of them, the
court
shall
sentence the offender to a
jail term
of
ten
consecutive
days
and may sentence the offender pursuant to
section
2929.24 of
the
Revised Code to a longer
jail term. In
addition,
the court shall
impose upon the
offender a fine of not
less than
one hundred fifty
nor more than
one thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(3) If, within
six years of the offense, the offender
has
been convicted of or pleaded guilty to more than one violation
identified in
division (G)(2) of this section,
the court shall
sentence the offender to a
jail term
of thirty
consecutive days
and may sentence the
offender to a longer
jail
term
of not more
than one
year. In addition, the
court
shall impose upon the
offender a
fine of not less than one
hundred
fifty nor more than
one
thousand dollars.
In addition to any other sentence that it imposes upon the
offender, the court may require the offender to attend a drivers'
intervention program that is certified pursuant to section
3793.10
of the Revised Code.
(4) Upon a showing that
serving a jail term
would seriously
affect
the ability of an offender sentenced
pursuant to division
(G)(1),
(2), or (3) of this section to
continue the offender's
employment,
the court may authorize that
the offender be granted
work release
after the
offender has served the
mandatory jail term
of three, ten,
or
thirty consecutive days
that the court is
required
by division (G)(1), (2), or (3) of this section to
impose. No
court shall authorize work release
during the
mandatory
jail term of
three, ten, or thirty consecutive days
that the
court
is required by division (G)(1), (2),
or (3) of
this section
to
impose. The duration of the work
release shall
not exceed the
time
necessary each day for the
offender to
commute to and from
the
place of employment and the
place
in which the jail term is served
and the
time
actually spent under employment.
(5) Notwithstanding any section of the Revised Code that
authorizes the suspension of the imposition or execution of a
sentence or the placement of an offender in any treatment program
in lieu of
being imprisoned or serving a jail term,
no court shall
suspend the
mandatory jail term of ten or thirty
consecutive days
required to be imposed by
division (G)(2) or (3) of this section
or place an offender who
is
sentenced pursuant to division (G)(2)
or (3) of this section
in
any treatment program in lieu of
being
imprisoned or
serving a jail term until after the
offender has
served the
mandatory jail term of ten or thirty consecutive days
required to be imposed pursuant to division (G)(2)
or
(3) of this
section. Notwithstanding any section of the
Revised
Code that
authorizes the suspension of the imposition or
execution
of a
sentence or the placement of an offender in any
treatment
program
in lieu of
being imprisoned or serving a jail
term, no court,
except as
specifically
authorized by division
(G)(1) of this
section, shall
suspend the
mandatory jail term of
three
consecutive days
required to be
imposed by
division (G)(1) of this
section or place an offender
who is
sentenced pursuant to division
(G)(1) of this section in
any
treatment program in lieu of
imprisonment until after the
offender
has served the
mandatory
jail term of three consecutive days
required to
be imposed
pursuant to division (G)(1) of
this
section.
(6) As used in division (G) of this section, "jail term" and
"mandatory jail term" have the same meanings as in section 2929.01
of the Revised Code.
(H) Whoever violates section 1547.304 of the Revised Code
is
guilty of a misdemeanor of the fourth degree and also shall be
assessed any costs incurred by the state or a county, township,
municipal corporation, or other political subdivision in
disposing
of an abandoned junk vessel or outboard motor, less any
money
accruing to the state, county, township, municipal
corporation, or
other political subdivision from that
disposal.
(I) Whoever violates division (B) or (C) of section
1547.49
of the Revised Code is guilty of a minor misdemeanor.
(J) Whoever violates section 1547.31 of the Revised Code is
guilty of a
misdemeanor of the fourth degree on a first offense.
On each subsequent
offense, the person is guilty of a misdemeanor
of the third degree.
(K) Whoever violates section 1547.05 or 1547.051 of the
Revised Code is guilty
of a misdemeanor of the fourth degree if
the violation is not related to a
collision, injury to a person,
or damage to property and a misdemeanor of the
third degree if the
violation is related to a collision, injury to a person,
or damage
to property.
(L) The sentencing court, in addition to the penalty
provided
under this section for a violation of this chapter or a
rule
adopted under it
that involves a powercraft powered by more
than
ten horsepower and that, in
the opinion of the court,
involves a
threat to the safety of persons or
property, shall
order the
offender to complete successfully a boating course
approved by the
national association of state boating law
administrators
before
the offender is allowed to operate a
powercraft powered by more
than
ten horsepower on the waters in
this state. Violation of a
court order
entered under this
division is punishable as contempt
under Chapter
2705. of the
Revised Code.
Sec. 1548.032. (A)(1) If a person who is not an electronic
watercraft dealer owns a watercraft or outboard motor for which a
physical
certificate of title
has not been issued by a clerk of a
court of
common pleas and the person sells the watercraft or
outboard motor to a watercraft dealer registered under section
1547.543 of the Revised Code, the person is not required to
obtain
a physical certificate of title to the watercraft or outboard
motor in
order to transfer ownership to the dealer. The person
shall
present the dealer, in a manner approved by the chief of the
division of watercraft,
with sufficient proof of the person's
identity
and
complete and sign a form prescribed by the chief
attesting to
the person's identity and assigning the
watercraft or
outboard motor to the
dealer. Except as otherwise provided in this
section, the watercraft dealer shall present the assignment form
to any clerk of a court of common pleas together with an
application for a certificate of title and payment of the fees
prescribed by section 1548.10 of the Revised Code.
In a case in which an electronic certificate of title has
been issued and either the buyer or seller of the watercraft or
outboard motor is an electronic watercraft dealer, the electronic
watercraft dealer
instead may inform a
clerk of a court of common
pleas via electronic means of
the sale
of
the watercraft or
outboard motor and assignment of ownership of the watercraft or
outboard motor. The clerk shall enter the information relating to
the
assignment into
the automated title processing system,
and
ownership
of the
watercraft or outboard motor passes to the
applicant when the clerk
enters this
information into the
system.
The dealer is not required to
obtain
a physical certificate of
title to the watercraft or outboard motor in the dealer's
name.
(2) A clerk shall charge and collect from a dealer a fee of
five
dollars for
each watercraft or outboard motor assignment sent
by the dealer to the clerk under
division (A)(1) of this section.
The fee shall
be distributed in
accordance with section
1548.10 of
the Revised Code.
(B) If a person who is not an electronic watercraft
dealer
owns a watercraft or outboard motor for which a physical
certificate of
title has
not been issued by a clerk of a court of
common pleas
and the person sells the
watercraft or outboard motor
to a person who is not a watercraft dealer registered under
section 1547.543 of the Revised Code, the
person shall obtain a
physical certificate of title to the watercraft or outboard motor
in order to
transfer ownership of the watercraft or outboard motor
to
that person.
SECTION 2. That existing sections 1541.31, 1547.14, 1547.24,
1547.99,
and
1548.032 of the Revised Code are hereby repealed.
SECTION 3. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity lies in
the fact that the 2008 boating season will be starting soon, and
it is imperative that uniform requirements be in place for the
entirety of the boating season. Therefore, this act shall go into
immediate effect.
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