Current Status Introducing Body:House Bill Number:3073 Primary Sponsor:Cooper Committee Number:07 Type of Legislation:GB Subject:Jet skis, provisions Residing Body:Senate Current Committee:Fish, Game & Forestry Computer Document Number:NO5/8728BD.93 Introduced Date:19930112 Date of Last Amendment:19930506 Last History Body:Senate Last History Date:19930511 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cooper Waldrop Chamblee Townsend Cato Gonzales Beatty P. Harris Stille Tucker Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 3073 Senate 19930511 Introduced, read first time, 07 referred to Committee 3073 House 19930507 Read third time, sent to Senate 3073 House 19930506 Amended, read second time, unanimous consent for third reading on Friday, May 7, 1993 3073 House 19930506 Reconsidered vote whereby read second time 3073 House 19930505 Amended, read second time 3073 House 19930429 Debate adjourned until Tuesday, May 4, 1993 3073 House 19930422 Committee Report: Favorable 20 with amendment 3073 House 19930223 Committed to Committee 20 3073 House 19930218 Debate adjourned until Tuesday, February 23, 1993 3073 House 19930211 Debate adjourned until Wednesday, February 17, 1993 3073 House 19930209 Committee Report: Favorable 25 with amendment 3073 House 19930112 Introduced, read first time, 25 referred to CommitteeView additional legislative information at the LPITS web site.
AMENDED
May 6, 1993
H. 3073
Introduced by REPS. Cooper, Waldrop, Chamblee, Townsend, Cato, Gonzales, Beatty, P. Harris, Stille and Tucker
S. Printed 5/6/93--H.
Read the first time January 12, 1993.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870 SO AS TO RESTRICT THE USE OF PERSONAL WATERCRAFT INCLUDING JET SKIS AND PROVIDE PENALTIES FOR VIOLATIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 50-21-870. (A) As used in this section:
(1)(a) `Personal watercraft' means a boat less than sixteen feet in length which:
(i) has an outboard motor or an inboard motor which uses an internal combustion engine powering a water jet pump as its primary source of motive propulsion;
(ii) is designed with the concept that the operator and passenger ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(iii) has the probability that the operator and passenger, in the normal course of use, may fall overboard.
(b) Personal watercraft includes, without limitation, a vessel where the operator and passenger ride on the outside surfaces of the vessel, even if the primary source of motive propulsion is a propeller, and a vessel commonly known as a `jet ski'.
(2) `Specialty propcraft' means a vessel which is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller driven motor.
(3) `Floating device' includes kneeboards, aqua planes, surfboards, saucers, inner tubes, and other similar equipment.
(B) No person may:
(1) operate, be in possession of, or give permission to operate a personal watercraft or specialty propcraft while upon the waters of this State unless each person aboard the personal watercraft or specialty propcraft is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it;
(2) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State after sunset or before sunrise without carrying and exhibiting an all-round white light visible at a minimum range of two miles and side lights visible at a minimum range of one mile;
(3) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;
(4) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a lanyard-type engine cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached to the operator, the operator's clothing, or a personal flotation device worn by the operator;
(5) operate or be in possession of while upon the waters of this State a personal watercraft or specialty propcraft which has been equipped by the manufacturer with a self-circling device if the self-circling device or the engine throttle has been altered in a way that would prohibit the self-circling device from operating in its intended manner;
(6) operate or be in possession of a personal watercraft or specialty propcraft while upon the waters of this State in excess of the no wake speed within twenty-five feet of a moored or an anchored vessel, wharf, dock, or pier or within fifty feet of a person in the water;
(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft or specialty propcraft, except while lawfully angling for, hunting, or trapping wildlife;
(8) tow a water skier or a person on a floating device with a personal watercraft or specialty propcraft unless the craft is equipped with a mirror which permits the operator to observe the person being towed, or carrying a person other than the operator who is in position to observe the person being towed. No person may tow a water skier or a floating device unless the person being towed is wearing a personal floatation device provided in item (1). Personal watercraft or specialty propcraft may be used to tow another vessel when rendering assistance;
(9) operate while upon the waters of this State a personal watercraft or specialty propcraft in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to the other vessel or when visibility around the other vessel is obstructed, and swerving at the last possible moment to avoid collision;
(10) operate while upon the waters of this State a personal watercraft or specialty propcraft in a manner so as to completely leave the water while crossing the wake of another vessel within fifty feet of the vessel creating the wake.
(C) It is unlawful for a person who owns a personal watercraft or specialty propcraft or who has charge over or control of a personal watercraft or specialty propcraft to authorize or knowingly to permit the personal watercraft or specialty propcraft to be operated in violation of this section.
(D) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned not more than thirty days.
(E) This section does not apply to:
(1) the operation of personal watercraft or specialty propcraft by the following personnel while in the performance of their official duties:
(a) law enforcement;
(b) emergency medical;
(c) civil defense;
(d) military;
(e) state and federally approved wildlife;
(f) those involved in biological research programs;
(2) activity on private waters;
(3) performers engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition in an area and at a time designated for that purpose."
SECTION 2. This act takes effect upon approval by the Governor.