Bill Text: SC S0497 | 2021-2022 | 124th General Assembly | Comm Sub
Bill Title: Boating safety and education program
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Engrossed - Dead) 2021-03-02 - Referred to Committee on Judiciary [S0497 Detail]
Download: South_Carolina-2021-S0497-Comm_Sub.html
COMMITTEE REPORT
February 18, 2021
S. 497
S. Printed 2/18/21--S.
Read the first time January 28, 2021.
To whom was referred a Bill (S. 497) to amend Section 50-21-90 of the 1976 Code, relating to the boating safety and educational program, to require the department of natural resources to issue a boating, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking SECTION 3 in its entirety and inserting:
/ SECTION 3. Article 1, Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-95. (A) It is unlawful for a person to operate upon the waters of this State a vessel powered by an engine of ten horsepower or greater, a personal watercraft, or a specialty propcraft without having possession of a South Carolina boating safety certificate issued by the department in the person's name, unless the person:
(1) was born on or before July 1, 2006;
(2) is in possession of a license to operate a vessel issued by the United States Coast Guard in the person's name, regardless of the expiration date on the license;
(3) is in possession of a merchant mariner credential issued by the United States Coast Guard in the person's name, regardless of the expiration date on the credential;
(4) is a nonresident in possession of a boater education certificate, or an equivalency, issued by another state in the nonresident's name;
(5) is exempt pursuant to a regulation promulgated by the department; or
(6) is accompanied by a person at least eighteen years old who:
(a) is in possession of a South Carolina boating safety certificate issued by the department in the person's name; or
(b) meets one of the criteria in items (1) through (5) of this subsection.
(B) A person who violates this section commits a noncriminal offense and is subject to a civil fine of not less than fifty dollars and not more than three hundred dollars." /
Renumber sections to conform.
Amend title to conform.
GEORGE E. CAMPSEN III for Committee.
A BILL
TO AMEND SECTION 50-21-90 OF THE 1976 CODE, RELATING TO THE BOATING SAFETY AND EDUCATIONAL PROGRAM, TO REQUIRE THE DEPARTMENT OF NATURAL RESOURCES TO ISSUE A BOATING SAFETY CERTIFICATE UPON THE COMPLETION OF CERTAIN REQUIREMENTS; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 50 OF THE 1976 CODE, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-95, TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO OPERATE CERTAIN WATERCRAFT ON THE WATERS OF THIS STATE WITHOUT HAVING POSSESSION OF A SOUTH CAROLINA BOATING SAFETY CERTIFICATE, WITH CERTAIN EXCEPTIONS, AND TO PROVIDE A PENALTY FOR A VIOLATION OF THIS PROVISION; TO DEFINE NECESSARY TERMS; TO DELETE SECTION 50-21-870(A)(1), RELATING TO THE DEFINITION FOR THE TERM "PERSONAL WATERCRAFT"; AND TO DELETE SECTION 50-21-870(B)(9), RELATING TO THE OPERATION OF CERTAIN WATERCRAFT BY PERSONS YOUNGER THAN SIXTEEN YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-21-10 of the 1976 Code is amended by adding an appropriately numbered new item to read:
"( ) 'Personal watercraft' means a vessel, usually less than sixteen feet in length, that uses an inboard, internal combustion engine powering a water jet pump as its primary source of propulsion and that is intended to be operated by a person sitting, standing, or kneeling on the vessel, rather than within the confines of the hull. Personal watercraft include a vessel commonly known as a 'jet ski'."
SECTION 2. Section 50-21-90 of the 1976 Code is amended to read:
"Section 50-21-90. (A) The department is hereby authorized to inaugurate a comprehensive boating safety and boating educational program, and to seek the cooperation of boatmen, the federal government and other states. The department must administer a boating education course and may approve of additional boating education courses. A list of approved courses must be provided on the department's website.
(B) The following persons must be provided a South Carolina boating safety certificate in both physical and electronic forms by the department:
(1) a person who successfully completes a boating education course administered or approved by the department;
(2) a person who provides satisfactory proof to the department that the person was issued a boater education certificate, or an equivalency, by another state; and
(3) a person who provides satisfactory proof to the department that the person was issued a license to operate a vessel by the United States Coast Guard or was issued a merchant mariner credential by the United States Coast Guard."
SECTION 3. Article 1, Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-95. (A) It is unlawful for a person to operate upon the waters of this State a vessel powered by an engine of ten horsepower or greater, a personal watercraft, or a specialty propcraft without having possession of a South Carolina boating safety certificate issued by the department in the person's name, unless the person:
(1) was born on or before July 1, 2006;
(2) is in possession of a license to operate a vessel issued by the United States Coast Guard in the person's name, regardless of the expiration date on the license;
(3) is in possession of a merchant mariner credential issued by the United States Coast Guard in the person's name, regardless of the expiration date on the credential;
(4) is a nonresident in possession of a boater education certificate, or an equivalency, issued by another state in the nonresident's name; or
(5) is exempt pursuant to a regulation promulgated by the department.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars and not more than three hundred dollars."
SECTION 4. Section 50-21-870(A)(1) of the 1976 Code is deleted.
SECTION 5. Section 50-21-870(B)(9) of the 1976 Code is deleted.
SECTION 6. This act takes effect July 1, 2022.
