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| Printed Page 1740, Apr. 17
| Ordered for consideration tomorrow.
Senator SALEEBY from the Committee on Judiciary submitted a favorable with amendment report on:
H. 4801 -- Rep. Meacham: A BILL TO AMEND SECTION 8-13-1356, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT A CANDIDATE FOR PUBLIC OFFICE FILE A STATEMENT OF ECONOMIC INTERESTS AT THE TIME THE CANDIDATE FILES A DECLARATION OF CANDIDACY OR A PETITION FOR NOMINATION AND OTHER FILING REQUIREMENTS, SO AS TO EXEMPT A PUBLIC OFFICIAL FROM THE PROVISIONS OF THIS SECTION IF HE HAS A CURRENT STATEMENT OF ECONOMIC INTERESTS ON FILE WITH HIS SUPERVISORY OFFICE REQUIRED BY SECTION 8-13-1140.
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4879 favorable:
H. 4879 -- Rep. Tucker: A CONCURRENT RESOLUTION DECLARING FRIDAY, APRIL 19, 1996, AS "SOUTH CAROLINA HOSPITAL ASSOCIATION DAY".
Courson Peeler Wilson Matthews Patterson Russell O'Dell Passailaigue Rose McGill
Ordered for consideration tomorrow.
Senator COURSON from the Committee on Invitations polled out H. 4881 favorable:
H. 4881 -- Reps. Spearman, Allison and Wells: A CONCURRENT RESOLUTION TO AUTHORIZE PALMETTO GIRLS STATE TO USE THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES ON THURSDAY, JUNE 13, 1996, AND FRIDAY, JUNE 14, 1996.
Courson Peeler Wilson Matthews Patterson Russell O'Dell Passailaigue Rose McGill
NOT VOTING
Ordered for consideration tomorrow.
S. 699 -- Senator Richter: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE
The House returned the Bill with amendments.
Senator MARTIN explained the amendment.
On motion of Senator MARTIN, the Senate nonconcurred in the House amendments and a message was sent to the House accordingly.
S. 1352 -- Senator Holland: A CONCURRENT RESOLUTION TO DIRECT THE DEPARTMENT OF TRANSPORTATION TO NAME A PORTION OF SOUTH CAROLINA HIGHWAY 34 FROM UNITED STATES HIGHWAY 1 AT CAMDEN TO THE LEE COUNTY LINE THE 34TH INFANTRY DIVISION OF WORLD WAR II MEMORIAL HIGHWAY.
Returned with concurrence.
Received as information.
S. 1353 -- Senators Washington, Alexander, Boan, Bryan, Cork, Courson, Courtney, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Hayes, Holland, Jackson, Land, Lander, Leatherman, Leventis, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Passailaigue, Patterson, Peeler, Rankin, Reese, Richter, Rose, Russell, Ryberg, Saleeby, Setzler, Short, Greg Smith, J. Verne Smith, Thomas, Waldrep and Wilson: A CONCURRENT RESOLUTION TO COMMEMORATE THE LIFE, ACHIEVEMENTS, AND THE HUMAN SPIRIT OF SECRETARY RONALD H. BROWN, A MAGNIFICENT PERSON AND 30TH U.S. SECRETARY OF COMMERCE, AND TO REFLECT UPON WHAT SECRETARY BROWN MEANT TO HIS COUNTRY, THE PEOPLE OF THE UNITED STATES, AND THE WORLD.
Returned with concurrence.
Received as information.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
H. 3320 -- Reps. Cooper, Witherspoon, Meacham, Chamblee, Tripp, P. Harris, Cato, Trotter, Thomas, Townsend and Stille: A BILL 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.
The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
Senator CORK proposed the following Amendment No. 2 (3320R009.HAC), which was adopted:
Amend the committee report, as and if amended, page 3320-3, line 4, by striking / 50 / and inserting in lieu thereof the following:
/200/.
Amend the committee report further, as and if amended, page 3320-3, by striking line 31 in its entirety and inserting in lieu thereof the following:
/two hundred feet of the vessel creating the wake./.
Amend title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
Senator PASSAILAIGUE spoke on the amendment.
Senator PASSAILAIGUE moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Elliott Fair Hayes Martin McConnell McGill
Mescher O'Dell Passailaigue Patterson Peeler Short
Cork Courtney Drummond Ford Giese Glover Holland Land Lander Leatherman Leventis Moore Reese Richter Rose Ryberg Saleeby Setzler Smith, G. Smith, J.V. Thomas Waldrep Washington Wilson
The Senate refused to table the amendment. The question then was the adoption of the amendment.
Senators PASSAILAIGUE and McGILL argued contra to the adoption of the amendment.
Senator COURTNEY spoke on the amendment.
On motion of Senator COURTNEY, with unanimous consent, Amendment No. AA-P1 and Amendment No. AA were taken up for immediate consideration.
Senator COURTNEY proposed the following Amendment No. AA-P1 (3320R018.CTC), which was adopted:
Amend the amendment by Senator Courtney referenced as 3320R019.CTC, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 50-21-340 of the 1976 Code is amended to read:
"Section 50-21-340. The owner of each motorboat requiring numbering by this chapter shall must file an application for a number with the department on forms approved by it the department. The application shall must be signed by the owner of the motorboat. Upon receipt of the application in approved form, the department shall must enter the same
SECTION 2. 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 or an inboard internal combustion motor powering a water jet pump or propeller as its primary source of motive propulsion; and
(ii) is designed with the concept that the operator ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(2) `Motorized vessel' means a boat with an engine of greater than fifteen horse power;
(3) `Floating device' includes kneeboards, aquaplanes, surfboards, saucers, inner tubes, and other similar equipment.
(B) No person may, while upon the waters of this State:
(1) operate, be in possession of, or give permission to operate a personal watercraft unless each person aboard the personal watercraft 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 after sunset or before sunrise;
(3) operate or be in possession of a personal watercraft unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;
(4) operate or be in possession of a personal watercraft 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 a personal watercraft 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 motorized vessel in excess of idle speed within one hundred feet of a moored or an
(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft or motorized vessel, 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 unless the watercraft is equipped with a wide-angled 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 flotation device as provided in item (1). A personal watercraft may be used to tow another vessel when rendering assistance;
(9) operate a personal watercraft or motorized vessel in a manner which unreasonably or unnecessarily endangers life, limb, or property including, but not limited to, weaving through congested vessel traffic, or crossing the wake of another vessel within one hundred feet of the vessel creating the wake;
(10) operate a personal watercraft or motorized vessel if the person is under sixteen years of age, unless accompanied by an adult eighteen years or older who is not under the influence of alcohol, drugs, or a combination thereof. However, a person under sixteen years of age may operate a personal watercraft or motorized vessel without being accompanied by an adult if the person has completed a boating safety program administered or approved by the Department of Natural Resources.
(C) It is unlawful for a person who owns a personal watercraft or motorized vessel, or who has charge over or control of a personal watercraft or motorized vessel, to authorize or knowingly to permit the personal watercraft or motorized vessel to be operated in violation of the provisions of this section. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than three hundred dollars or imprisoned for not more than thirty days.
(D) This section does not apply to:
(1) the operation of personal watercraft or motorized vessels by the following personnel while in the performance of their official duties:
(a) law enforcement;
(b) emergency medical;
(c) civil defense;
(d) military;
(f) those involved in biological research programs;
(2) boating activity on private waters; or
(3) a performer 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 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator COURTNEY moved that the amendment be adopted.
The amendment was adopted.
Senator COURTNEY proposed the following Amendment No. AA (3320R019.CTC), which was adopted, as amended:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 50-21-340 of the 1976 Code is amended to read:
"Section 50-21-340. The owner of each motorboat requiring numbering by this chapter shall must file an application for a number with the department on forms approved by it the department. The application shall must be signed by the owner of the motorboat. Upon receipt of the application in approved form, the department shall must enter the same application upon the records of its office and issue to the applicant a certificate of number stating the number awarded assigned to the motorboat and the name and address of the owner. The certificate of number shall must be pocket size."
SECTION 2. 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 or an inboard internal combustion motor powering a water jet pump or propeller as its primary source of motive propulsion; and
(ii) is designed with the concept that the operator ride on the outside surfaces of the vessel as opposed to riding inside the vessel;
(3) `Floating device' includes kneeboards, aquaplanes, surfboards, saucers, inner tubes, and other similar equipment.
(B) No person may, while upon the waters of this State:
(1) operate, be in possession of, or give permission to operate a personal watercraft unless each person aboard the personal watercraft 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 after sunset or before sunrise;
(3) operate or be in possession of a personal watercraft unless it is equipped with a self-circling device or a lanyard-type engine cutoff switch;
(4) operate or be in possession of a personal watercraft 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 a personal watercraft 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 motorized vessel in excess of idle speed within one hundred feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within one hundred yards of the Atlantic Ocean coast line;
(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft or motorized vessel, 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 unless the watercraft is equipped with a wide-angled 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 flotation device as provided in item (1). A personal watercraft may be used to tow another vessel when rendering assistance;
(10) operate a personal watercraft or motorized vessel if the person is under sixteen years of age, unless accompanied by an adult eighteen years or older who is not under the influence of alcohol, drugs, or a combination thereof. However, a person under sixteen years of age may operate a personal watercraft or motorized vessel without being accompanied by an adult if the person has completed a boating safety program administered or approved by the Department of Natural Resources.
(C) It is unlawful for a person who owns a personal watercraft or motorized vessel, or who has charge over or control of a personal watercraft or motorized vessel, to authorize or knowingly to permit the personal watercraft or motorized vessel to be operated in violation of the provisions of this section. A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than three hundred dollars or imprisoned for not more than thirty days.
(D) This section does not apply to:
(1) the operation of personal watercraft or motorized vessels 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) boating activity on private waters; or
(3) a performer 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 3. This act takes effect upon approval by the Governor./
Amend title to conform.
Senator COURTNEY explained the amendment.
Senator COURTNEY moved that the amendment be adopted.
Printed Page 1722, Apr. 17
| Printed Page 1740, Apr. 17
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