Bill Text: OH HB594 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: To establish conditions for watercraft safety inspections.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-09-26 - To Transportation, Public Safety & Homeland Security [HB594 Detail]

Download: Ohio-2011-HB594-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 594

Representatives Damschroder, Murray 

Cosponsors: Representatives Antonio, Brenner, Celeste, Cera, Gardner, Gonzales, Hagan, R., McGregor, Okey, Pillich, Roegner, Smith, Wachtmann, Adams, J. 

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A BILL

To amend sections 1547.52 and 1547.521 of the Revised

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Code to establish conditions for watercraft safety

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inspections.

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

Section 1.  That sections 1547.52 and 1547.521 of the Revised	4
Code be amended to read as follows:	5

Sec. 1547.52.  (A) The division of watercraft shall be	6
administered by the chief of the division of watercraft. The chief	7
may adopt, amend, and rescind:	8

(1) Rules considered necessary by the chief to supplement the	9
identification, operation, titling, use, registration, and	10
numbering of watercraft or vessels as provided in this chapter and	11
Chapter 1548. of the Revised Code;	12

(2) Rules governing the navigation of vessels on waters in	13
this state, including, but not limited to, rules regarding	14
steering and sailing, the conduct of vessels in sight of one	15
another or in restricted visibility, lights and shapes of lights	16
used on vessels, and sound and light signals. As the chief	17
considers necessary, these navigational rules shall be consistent	18
with and equivalent to the regulations and interpretive rulings	19
governing inland waters adopted or issued under the "Inland	20
Navigational Rules Act of 1980," 94 Stat. 3415, 33 U.S.C.A. 151,	21
1604, 1605, 1608, 2001 to 2008, and 2071 to 2073.	22

(3) Rules governing the use, visitation, protection, and	23
administration of wild river areas, scenic river areas, and	24
recreational river areas;	25

(4) Rules governing vessel safety inspection checkpoints,	26
including procedures that comply with statutory and constitutional	27
provisions governing searches and seizures by law enforcement	28
officers;	29

(5) Rules establishing fees and charges for all of the	30
following:	31

(a) Boating skill development classes and other educational	32
classes;	33

(b) Law enforcement services provided at special events when	34
the services are in addition to normal enforcement duties;	35

(c) Inspections of vessels or motors conducted under this	36
chapter or Chapter 1548. of the Revised Code;	37

(d) The conducting of stream impact reviews of any planned or	38
proposed construction, modification, renovation, or development	39
project that may potentially impact a watercourse within a	40
designated wild, scenic, or recreational river area.	41

All rules adopted by the chief under division (A) of this	42
section shall be adopted in accordance with Chapter 119. of the	43
Revised Code and are subject to the prior approval of the director	44
of natural resources.	45

(B) The chief, with the approval of the director, may employ	46
such clerical and technical help as the chief considers necessary.	47

(C) The chief may designate license agents with the approval	48
of the director.	49

(D) The division is hereby designated as the agency to	50
administer the Ohio boating safety program and allocated federal	51
funds under, and the chief shall prepare and submit reports in	52
such form as may be required by, the "Federal Boat Safety Act of	53
1971," 85 Stat. 222, 46 U.S.C.A. 1475(a)(6), as amended.	54

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

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(1) Items related to or that promote boating safety,	56
including, but not limited to, pins, badges, books, bulletins,	57
maps, publications, calendars, and other educational articles;	58

(2) Artifacts pertaining to boating;

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(3) Confiscated or forfeited items;

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(4) Surplus equipment.

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Sec. 1547.521.  (A) The law enforcement officers of the	62
division of watercraft shall be known as "state watercraft	63
officers." The chief of the division of watercraft and state	64
watercraft officers:	65

(1) Shall develop and conduct educational programs in vessel	66
safety, sanitation, and operation and in other related subjects	67
that the chief considers appropriate or necessary;	68

(2) Shall enforce this chapter and Chapter 1548. of the	69
Revised Code and rules adopted under them, and may enforce laws	70
prohibiting the dumping of refuse, trash, or litter into the	71
waters in this state and Chapters 2925. and 3719. of the Revised	72
Code on all waters in the state;	73

(3) On any lands owned, controlled, maintained, or	74
administered by the department of natural resources and on any	75
waters in this state, shall have the authority specified under	76
section 2935.03 of the Revised Code for peace officers of the	77
department of natural resources to keep the peace, to enforce all	78
laws and rules governing those lands and waters, and to make	79
arrests for violation of those laws and rules, provided that the	80
authority shall be exercised on lands or waters administered by	81
another division of the department only pursuant to an agreement	82
with the chief of that division or to a request for assistance by	83
an enforcement officer of that division in an emergency. The	84
jurisdiction of state watercraft officers shall be concurrent with	85
that of the peace officers of the county, township, or municipal	86
corporation in which the violation occurs.	87

(4) For the purpose of enforcing the laws and rules that they	88
have the authority to enforce, may stop, board, and conduct a	89
safety inspection of any vessel;	90

(5) May serve and execute any citation, summons, warrant, or	91
other process issued with respect to any law that they have the	92
authority to enforce.	93

(B)(1) Except as authorized by division (B)(2) of this	94
section, no state watercraft officer, law enforcement officer as	95
described in section 1547.63 of the Revised Code, or peace officer	96
of a county, township, or municipal corporation with concurrent	97
jurisdiction shall stop or board any vessel to conduct a safety	98
inspection of the vessel.	99

(2) A state watercraft officer, law enforcement officer as	100
described in section 1547.63 of the Revised Code, or peace officer	101
of a county, township, or municipal corporation with concurrent	102
jurisdiction may stop, board, and conduct a safety inspection of	103
any vessel for the purpose of enforcing the laws and rules that	104
the officer has the authority to enforce, if either of following	105
applies:	106

(a) The watercraft officer, law enforcement officer	107
authorized under section 1547.63 of the Revised Code, or peace	108
officer has a reasonable suspicion that the vessel, the vessel's	109
equipment, or the vessel's operator is in violation of this	110
chapter or rules adopted under it or is otherwise engaged in a	111
violation of a law of this state or an applicable ordinance of a	112
municipal corporation within the territorial jurisdiction of the	113
officer;	114

(b) The watercraft officer, law enforcement officer	115
authorized under section 1547.63 of the Revised Code, or peace	116
officer is conducting a vessel safety inspection in the course of	117
an authorized checkpoint operation in accordance with rules	118
adopted by the chief of the division of watercraft under section	119
1547.52 of the Revised Code.	120

(C) A state watercraft officer may render assistance to a	121
state or local law enforcement officer at the request of that	122
officer or may render assistance to a state or local law	123
enforcement officer in the event of an emergency.	124

State watercraft officers serving outside the division of	125
watercraft under this section or serving under the terms of a	126
mutual aid compact authorized under section 1501.02 of the Revised	127
Code shall be considered as performing services within their	128
regular employment for the purposes of compensation, pension or	129
indemnity fund rights, workers' compensation, and other rights or	130
benefits to which they may be entitled as incidents of their	131
regular employment.	132

State watercraft officers serving outside the division of	133
watercraft under this section or under a mutual aid compact retain	134
personal immunity from civil liability as specified in section	135
9.86 of the Revised Code and shall not be considered an employee	136
of a political subdivision for purposes of Chapter 2744. of the	137
Revised Code. A political subdivision that uses state watercraft	138
officers under this section or under the terms of a mutual aid	139
compact authorized under section 1501.02 of the Revised Code is	140
not subject to civil liability under Chapter 2744. of the Revised	141
Code as the result of any action or omission of any state	142
watercraft officer acting under this section or under a mutual aid	143
compact.	144

Section 2.  That existing sections 1547.52 and 1547.521 of	145
the Revised Code are hereby repealed.	146