OAG 1994-001.

• Case Date: February 18, 1994
• Court: Ohio

Ohio Attorney General Opinions 1994. OAG 1994-001. February 18, 1994OPINION NO. 1994-001David D. Sturtz Inspector General 77 South High Street Columbus, Ohio 43215 Dear Inspector General Sturtz: You have requested an opinion regarding the purposes for which moneys in the waterways safety fund may be expended. The waterways safety fund has been created in the state treasury by R.C. 1547.75, and is administered by the Division of Watercraft within the Department of Natural Resources (DNR). Your request presents the following questions concerning the use of moneys in that fund:

1. Is the Waterways Safety Fund a dedicated fund which is to be used solely for the benefit of Ohio's recreational boaters?

2. [Do] the Department of Natural Resources and its Director have the authority to use monies from the Waterways Safety Fund for Dredging?

3. [Do] the Department of Natural Resources and its Director have the authority to use monies appropriated from the Waterways Safety Fund for the specific use of dredging streams flowing through and from a private home owner's property into a state maintained lake or stream? In particular, can dredging be used to benefit the private home owner and confer a tangible improvement which is realized solely by that home owner and not the citizens of Ohio?

4. [Do] the Department of Natural Resources and its Director have the authority to use monies appropriated for dredging for uses other than dredging Ohio's lakes and streams? In particular, can the Department use such appropriated monies to enhance fish habitats, build park areas with sediment, build or acquire picnic tables and use dredge personnel for snow removal, mowing grass, painting and building refuse cans?

Waterways Safety Fund Expenditures

Created pursuant to R.C. 1547.75, the waterways safety fund comprises various watercraft licensing and registration fees that the Chief of the Division of Watercraft collects under R.C. Chapter 1547 (watercraft and waterways). See R.C. 1547.55. This fund also comprises fines, forfeitures, and penalties arising from particular categories of prosecutions, convictions, confiscations, and other actions commenced by DNR law enforcement officers or state watercraft officers. See R.C. 1547.79. The purposes for which moneys in the watercraft safety fund may be expended are set forth in R.C. 1547.55, R.C. 1547.67, R.C. 1547.68, R.C. 1547.71, and R.C. 1547.72. R.C. 1547.55 authorizes the use of moneys in that fund to pay all expenses for salaries, operation, and administration of the Division of Watercraft; for publishing statutes and rules concerning watercraft, for publications that are solely for the purpose of providing education in watercraft safety, sanitation, or operation, and for other educational devices for that purpose; and to make payments to the Division of Parks and Recreation, the Division of Wildlife, conservancy districts, and political subdivisions of the state as provided in R.C. 1547.56.(fn1) R.C. 1547.55 also provides that "[n]o moneys paid into the [waterways safety] fund shall be used or paid out for any purposes other than those for which the fund is appropriated." R.C. 1547.67 authorizes the Division of Watercraft, with the approval of the Director of Natural Resources, to expend such funds as are appropriated by the General Assembly for the purpose of assisting political subdivisions, conservancy districts, and state departments to establish or maintain and operate a marine patrol for the purpose of enforcing R.C. Chapter 1547 and administrative rules promulgated under that chapter. R.C. 1547.67 further provides that such moneys from the waterways safety fund "as determined to be necessary by the division of watercraft not to exceed ten per cent of all moneys accruing to the fund" may be expended for the foregoing purpose. Moneys that are thus allocated under R.C. 1547.67 may be used "for the purchase, maintenance, and operation of vessels and marine equipment, educational materials, and personnel salaries, necessary for enforcement of [R.C. Chapter 1547] and rules adopted under it, and to provide for the public safety." Id. R.C. 1547.68 authorizes similar appropriations by the General Assembly for expenditure by the Division of Watercraft, with the approval of the Director of Natural Resources, to assist political subdivisions, conservancy districts, state departments, or nonprofit organizations in establishing or participating in boating safety education programs. Moneys in the waterways safety fund "determined to be necessary by the division but not to exceed ten per cent of all moneys accruing to the fund" may also be expended for that purpose. Id. Moneys that are thus allocated under R.C. 1547.68 may be used "for personnel salaries and training, materials, supplies, equipment, and related expenses needed to conduct boating education programs." R.C...