S 882 Session 112 (1997-1998)
S 0882 General Bill, By Peeler, Giese and Gregory
Similar(H 4770)
A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING ARTICLE 10 SO AS TO
ESTABLISH A POINT SYSTEM FOR WATERCRAFT VIOLATIONS, TO PROVIDE FOR A PROCEDURE
FOR SUSPENSION OF WATERCRAFT PRIVILEGES OF A PERSON WHO ACCUMULATES A SPECIFIC
NUMBER OF POINTS, TO REQUIRE THE REPORTING OF WATERCRAFT CONVICTIONS TO THE
DEPARTMENT OF NATURAL RESOURCES, TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A
WATERCRAFT WHILE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATION.
12/15/97 Senate Prefiled
12/15/97 Senate Referred to Committee on Fish, Game and Forestry
01/14/98 Senate Introduced and read first time SJ-21
01/14/98 Senate Referred to Committee on Fish, Game and Forestry SJ-21
04/21/98 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-34
COMMITTEE REPORT
April 21, 1998
S. 882
Introduced by Senators Peeler, Gregory and Giese
S. Printed 4/21/98--S.
Read the first time January 14, 1998.
THE COMMITTEE ON FISH, GAME AND
FORESTRY
To whom was referred a Bill (S. 882), to amend Chapter 21, Title
50, Code of Laws of South Carolina, 1976, relating to watercraft
equipment and operation, etc., respectfully
REPORT:
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 all after the enacting
words and inserting:
/SECTION 1. Chapter 21 of Title 50 of the 1976 Code is
amended by adding:
" Article 10
Point System for Watercraft Violations
Section 50-21-900. The following point system is for violations of
provisions of watercraft and boating laws:
(1) operating personal watercraft after hours8
(2) negligent operation of a watercraft while under the influence
of alcohol or drugs in violation of Sections 50-21-110 or
50-21-112, or reckless homicide by operation of a boat in
violation of Section 50-12-115 . .18
(3) negligent or unsafe operation of a watercraft10
(4) violations of navigational or safety equipment6
(5) disregarding 'reduced speed zone' or 'no wake zone'4
(6) failure to report boating accident18
(7) obstructing public ramp or pier. . 8
(8) disregarding navigational safety marker8
(9) failure to stop for blue light or failure to cooperate18
(10) forged, removed, or altered serial or hull
identification numbers . . . . . . .18
(11) boating in a closed area . . . . .10
(12) buying or selling boat or motor without title10
(13) illegal possession of rifle in boat8
(14) exceeding idle speed within fifty feet of anchored vessel,
dock, pier, or person in water . . . 8
(15) towing skier without mirror or observer8
(16) personal watercraft jumping wake within two hundred
feet of a watercraft . . . . . . . . 8
(17) operation of watercraft by an individual under sixteen years
of age without completing boating safety course8
(18) violations of boat or watercraft laws not mentioned
specifically in this section with the exception of:
(a) improper display of registration or title sticker;
(b) failure to carry registration on board;
(c) operating with expired or no registration or title;
(d) failure to apply for registration or title;
(e) failure to notify department of change of address;6
(19) operation that endangers life, limb, or property as prohibited
by Section 50-21-870 . . . . . . .15
(20) reckless operation of a watercraft18.
Section 50-21-920. 'Conviction' as used in this article includes the
entry of a plea of guilty, the entry of a plea of nolo contendere, and
the forfeiture of bail or collateral deposited to secure a defendant's
appearance.
Section 50-21-930. Each time a person is convicted of a
watercraft and boating offense for which privilege points are
assigned, the department must assess those points against the person
convicted. For each calendar year that passes after assessed in which
the person assessed receives no points, the department must deduct
one-half of the accumulated points if the total number of points is
greater than three. If a person has three or fewer points at the end of
a calendar year in which no points were received, the department
shall reduce his point total to zero; however, a person's record must
not be less than zero points.
Section 50-21-940. The department shall suspend the boating and
watercraft privileges of a person who has accumulated eighteen or
more points for one year. Boating privileges include the operation of
watercraft or any other water conveyance. The suspension begins
thirty days after the department mails notice of the suspension. No
probationary authority is given to the department.
Section 50-21-950. (A) Upon determination that a person has
accumulated sufficient points to warrant suspension of privileges, the
department shall notify him in writing, return receipt requested, that
his privileges are suspended, as mandated by Section 50-21-940.
(B) The person, within thirty days after notice of suspension, may
request in writing a review under Article 3, Chapter 23 of Title 1, the
Administrative Procedures Act.
Section 50-21-960. After the expiration of the period of
suspension, the person's record shall be cleared of points and the
person starts anew with no points. Successful completion of a
Department of Natural Resources sanctioned boating course is
required in order to receive boating privileges again.
Section 50-21-970. The department shall administer and enforce
this article and may promulgate regulations necessary for its
administration with the article . Any law enforcement authority that
charges or prosecutes for watercraft or boating violations must report
convictions to the Department of Natural Resources no later than the
tenth day of the month following the convictions. The department
shall print and distribute instructions to all law enforcement agencies
departments and courts of jurisdiction explaining the reporting
requirements.
Section 50-21-975. Nothing contained in this article affects
mandatory suspension, revocation, or cancelation of watercraft and
boating privileges when the action is mandatory under other
provisions of law.
Section 50-21-980. A person who operates a watercraft while
under suspension is guilty of a misdemeanor and, upon conviction,
must be fined not less than two hundred dollars nor more than five
hundred dollars or imprisoned not more than thirty days and must
have his boating privileges suspended for an additional three years.
Section 50-21-985. The points and penalties assessed under this
article are in addition to and not in lieu of any other civil remedies or
criminal penalties which may be assessed."
SECTION 2. The 1976 Code is amended by adding:
"Section 50-21-111. (A) Any person who operates a
watercraft in such a manner as to indicate either a wilful or wanton
disregard for the safety of persons or property is guilty of the crime
of reckless operation of a watercraft which shall be a misdemeanor.
(B) Any person committing the crime of reckless operation of a
watercraft, upon conviction, entry of a plea of guilty or nolo
contendere or forfeiture of bail, shall be punished by a fine of not less
than fifty dollars nor more than four hundred dollars or imprisoned
for not more than thirty days, or both.
(C) Any person convicted of reckless operation of a watercraft, in
addition to any other penalties, may be prohibited by the court having
jurisdiction of such violation, from operating any watercraft on any
waters of this State for a period of not more than two years."
SECTION 3. This act takes effect upon approval by the
Governor./
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR., for Committee.
A BILL
TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT
EQUIPMENT AND OPERATION, BY ADDING ARTICLE 10 SO
AS TO ESTABLISH A POINT SYSTEM FOR WATERCRAFT
VIOLATIONS, TO PROVIDE FOR A PROCEDURE FOR
SUSPENSION OF WATERCRAFT PRIVILEGES OF A PERSON
WHO ACCUMULATES A SPECIFIC NUMBER OF POINTS, TO
REQUIRE THE REPORTING OF WATERCRAFT CONVICTIONS
TO THE DEPARTMENT OF NATURAL RESOURCES, TO
MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A
WATERCRAFT WHILE UNDER SUSPENSION, AND TO
PROVIDE PENALTIES FOR VIOLATION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 21 of Title 50 of the 1976 Code is amended
by adding:
" Article 10
Point System for Watercraft Violations
Section 50-21-900. The following point system is for violations of
provisions of watercraft and boating laws:
(1) operating watercraft after hours8
(2) operation of a watercraft while under the influence
of alcohol or drugs. . .18
(3) negligent or unsafe operation of a watercraft10
(4) violations of navigational or safety equipment6
(5) disregarding 'reduced speed zone' or 'no wake zone'4
(6) improper display of registration or title sticker4
(7) failure to carry registration on board4
(8) operating with expired or no registration or title6
(9) failure to report boating accident18
(10) obstructing public ramp or pier8
(11) failure to apply for registration or title6
(12) failure to notify department of change of address4
(13) disregarding navigational safety marker8
(14) failure to stop for blue light or failure to cooperate18
(15) forged, removed, or altered serial or hull
identification numbers. .18
(16) boating in a closed area . . .10
(17) buying or selling boat or motor without title10
(18) illegal possession of rifle in boat8
(19) exceeding idle speed within fifty feet of anchored vessel,
dock, pier, or person in water8
(20) towing skier without mirror or observer8
(21) personal watercraft jumping wake within two hundred
feet of a watercraft. . . 8
(22) operation of watercraft without completing boating
safety course . . . . . . 8
(23) violations of boat or watercraft laws not
mentioned specifically in this section6
(24) operation that endangers life, limb, or property
as prohibited by Section 50-21-87015
Section 50-21-920. 'Conviction' as used in this article includes the
entry of a plea of guilty, the entry of a plea of nolo contendere, and
the forfeiture of bail or collateral deposited to secure a defendant's
appearance.
Section 50-21-930. Each time a person is convicted of a
watercraft and boating offense for which privilege points are
assigned, the department must assess those points against the person
convicted. For each calendar year that passes after assessed in which
the person assessed receives no points, the department must deduct
one-half of the accumulated points if the total number of points is
greater than three. If a person has three or fewer points at the end of
a calendar year in which no points were received, the department
shall reduce his point total to zero; however, a person's record must
not be less than zero points.
Section 50-21-940. The department shall suspend the boating and
watercraft privileges of a person who has accumulated eighteen or
more points for one year. Boating privileges include the operation of
watercraft or any other water conveyance. The suspension begins
thirty days after the department mails notice of the suspension. No
probationary authority is given to the department.
Section 50-21-950. (A) Upon determination that a person has
accumulated sufficient points to warrant suspension of privileges, the
department shall notify him in writing, return receipt requested, that
his privileges are suspended, as mandated by Section 50-21-940.
(B) The person, within thirty days after notice of suspension, may
request in writing a review under Article 3, Chapter 23 of Title 1, the
Administrative Procedures Act.
Section 50-21-960. After the expiration of the period of
suspension, the person's record shall be cleared of points and the
person starts anew with no points.
Section 50-21-970. The department shall administer and enforce
this article and may promulgate regulations necessary for its
administration with the article . Any law enforcement authority that
charges or prosecutes for watercraft or boating violations must report
convictions to the Department of Natural Resources no later than the
tenth day of the month following the convictions. The department
shall print and distribute instructions to all police departments and
courts of jurisdiction explaining the reporting requirements.
Section 50-21-975. Nothing contained in this article affects
mandatory suspension, revocation, or cancelation of watercraft and
boating privileges when the action is mandatory under other
provisions of law.
Section 50-21-980. A person who operates a watercraft while
under suspension is guilty of a misdemeanor and, upon conviction,
must be fined not less than two hundred dollars nor more than five
hundred dollars or imprisoned not more than thirty days and must
have his boating privileges suspended for an additional three years.
Section 50-21-985. The points and penalties assessed under this
article are in addition to and not in lieu of any other civil remedies or
criminal penalties which may be assessed."
SECTION 2. This act takes effect upon approval by the Governor.
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