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Printed Page 1730, Apr. 17
| Printed Page 1750, Apr. 17
| Consideration of Amendment No. 2 resumed.
Senator CORK explained Amendment No. 2.
Senator PASSAILAIGUE spoke on the amendment.
Having voted on the prevailing side, Senator PASSAILAIGUE moved to reconsider the vote whereby Amendment No. AA, proposed by Senator COURTNEY (3320R019.CTC), was adopted.
The motion to reconsider was adopted.
The question then was the adoption of Amendment No. AA.
Senator PASSAILAIGUE asked unanimous consent to make a motion to amend Amendment No. AA.
Senator CORK objected.
Senator PASSAILAIGUE spoke on Amendment No. AA.
Amendment No. AA was adopted.
Senator DRUMMOND asked unanimous consent to make a motion that when the Senate adjourns today, the Senate stand adjourned to meet Thursday, April 18, 1996, at 11:00 A.M., exclusively for the purpose of the orders of business numbers one through five, for the reading of any Bills which have received unanimous consent to be read, and for the purpose of the calculation of statewide days under Rule 34; and, further, that when the Senate stands adjourned on Thursday, that it stand adjourned to meet on Friday, April 19, 1996, at 11:00 A.M., under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up, and that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, April 23, 1996, at 12:00 Noon.
Senator McGILL spoke on the motion.
Senator McCONNELL spoke on the motion.
The motion was adopted.
The question then was the adoption of Amendment No. 2.
Senator CORK moved that the amendment be adopted.
Amendment No. 2 was adopted.
Senator CORK proposed the following Amendment No. 3 (3320R013.HAC), which was tabled:
Amend the committee report, as and if amended, page 3320-4, line 30, by inserting the following:
/(F) Notwithstanding the provisions of this section, a municipality is authorized to enact ordinances further regulating personal watercraft within its police jurisdiction including, but not limited to, regulations concerning the age or qualifications of the person operating the personal watercraft, the operation of the watercraft, the number of passengers permitted to ride on the watercraft, the size of the watercraft, the power of the watercraft, the ownership of the watercraft, the persons or companies which are in the business of renting such watercraft, and the total number of watercraft permitted to operate in any specified area or areas."/
Amend title to conform.
Senator CORK explained the amendment.
Senator PEELER spoke on the amendment.
Senator COURTNEY argued contra to the adoption of the amendment.
Senator COURTNEY moved to lay the amendment on the table.
The amendment was laid on the table.
Having voted on the prevailing side, Senator LANDER moved to reconsider the vote whereby Amendment No. 2, proposed by Senator CORK (3320R009.HAC), was adopted.
Senator CORK moved to table the motion to reconsider.
The motion to reconsider was laid on the table.
Senator CORK proposed the following Amendment No. 4 (3320R015.HAC), which was tabled:
Amend the committee report, as and if amended, page 3320-4, line 30, by inserting the following:
Amend title to conform.
Senator CORK explained the amendment.
Senator CORK moved that the amendment be adopted.
Senator COURTNEY moved to lay the amendment on the table.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Boan Bryan Courtney Elliott Fair Giese Hayes Holland Land Lander Leatherman Martin McConnell McGill Mescher O'Dell Passailaigue Peeler Reese Richter Rose Short Smith, G. Smith, J.V. Waldrep
Cork Courson Drummond Ford Glover Gregory Jackson Leventis Matthews Moore Patterson Russell
Ryberg Setzler Thomas Washington Wilson
The amendment was laid on the table.
Senator PASSAILAIGUE proposed the following Amendment No. 5 (3320R016.ELP), which was adopted:
Amend the committee report, as and if amended, page 3320-4, by adding after line 6 the following:
/(c) The Department of Natural Resources shall promulgate regulations relating to boating safety programs administered by the department or subject to its approval./
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
Senator PASSAILAIGUE proposed the following Amendment No. 8 (3320R020.ELP), which was adopted:
Amend the committee report, as and if amended, page 3320-3 by striking lines 3 through 7 and inserting in lieu thereof the following:
/(6) operate a personal watercraft, specialty propcraft, or vessel while upon the waters of this State in excess of idle speed within 50 feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within 100 yards of the Atlantic Ocean coast line;/.
Renumber sections to conform.
Amend title to conform.
Senator PASSAILAIGUE explained the amendment.
Senator PEELER moved that the amendment be adopted.
The amendment was adopted.
The question then was the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
Senator CORK proposed the following Amendment No. 9 (3320R021.HAC), which was ruled out of order:
Amend the committee report, as and if amended, page 3320-3, line 4, by striking / 50 / and inserting in lieu thereof the following:
/100/.
Amend title to conform.
Senator CORK explained the amendment.
Senator PASSAILAIGUE raised a Point of Order that Amendment No. 9 was out of order inasmuch as it was an amendment to the third degree.
The PRESIDENT sustained the Point of Order.
Amendment No. 9 was ruled out of order.
The question then was the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Fish, Game and Forestry Committee proposed the following amendment (3320R007.HSP), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting in lieu thereof the following:
/
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-870, SO AS TO ENACT THE SOUTH CAROLINA PERSONAL WATERCRAFT AND BOATING SAFETY ACT OF 1996 AND TO PROVIDE PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 50, Chapter 21 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;
(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) `Class "A" boat' means a motorboat which is less than sixteen feet in length.
(4) `Floating device' includes kneeboards, aqua planes, surfboards, saucers, inner tubes, and other similar equipment.
(B) No person may:
(1) (a) 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.
(b) operate, be in possession of, or give permission to operate a Class "A" motor boat while upon the waters of this State unless each person under the age of twelve aboard the Class "A" motor boat 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; (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
(6) operate a personal watercraft, specialty propcraft, or vessel while upon the waters of this State in excess of idle speed within 50 feet of a moored or an anchored vessel, wharf, dock, bulkhead, pier, or a person in the water, or within 100 yards of the Atlantic Ocean coast line;
(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft, specialty propcraft, or 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 or specialty propcraft 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 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, specialty propcraft, or vessel 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, specialty propcraft, or vessel in a manner so as to leave the water completely while crossing the wake of another vessel within one hundred feet of the vessel creating the wake.
(11) (a) operate a personal watercraft, specialty propcraft, or vessel if he is younger than 16 years of age, unless accompanied by an adult, eighteen years or older, who is not under the influence of alcohol, drugs, or a combination of them. However, a person younger than sixteen years of age may operate a personal watercraft, specialty propcraft, or vessel (15 horsepower engine or less) without being accompanied by an adult if one or more of the following applies:
(i) the person completes a boating safety program as administered by the Department of Natural Resources; or
(ii) the person completes a boating safety program approved by the Department of Natural Resources.
(b) It is unlawful for a person who has temporary or permanent responsibility for a child to knowingly or willfully child to violate item (11) of subsection (B).
(C) It is unlawful for a person who owns a personal watercraft, specialty propcraft, or vessel, or who has charge over or control of a personal watercraft, specialty propcraft, or vessel to authorize or knowingly to permit the personal watercraft, specialty propcraft, or vessel 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 less than fifty dollars but no more than three hundred dollars.
(E) This section does not apply to:
(1) the operation of personal watercraft, specialty propcraft, or 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) 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 one year after approval by the Governor./
Amend title to conform.
There being no further amendments, the Bill was read the third time, passed and ordered returned to the House of Representatives with amendments.
The following Bill was read the third time and ordered sent to the House of Representatives:
(By prior motion of Senator ROSE)
S. 480 -- Senator Courtney: A BILL TO AMEND SECTION 38-71-200, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON DISCRIMINATION IN ACCIDENT AND HEALTH INSURANCE POLICIES AND BENEFITS FOR CERTAIN LICENSED SERVICES, SO AS TO INCLUDE SERVICES OF A LICENSED MASTER SOCIAL WORKER, LICENSED INDEPENDENT SOCIAL WORKER, LICENSED MARRIAGE AND FAMILY THERAPIST, LICENSED PROFESSIONAL COUNSELOR, OR PSYCHIATRIC CLINICAL NURSE SPECIALIST.
Senator MARTIN asked unanimous consent to take up the Bill for immediate consideration.
There was no objection.
On motion of Senator MARTIN, with unanimous consent, the Minority Report was withdrawn.
Senator MOORE objected to the uncontested Bills on the Statewide Calendar.
THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3624 -- Rep. Sharpe: A BILL TO AMEND TITLE 48, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ENVIRONMENTAL PROTECTION AND CONSERVATION, BY ADDING CHAPTER 57 SO AS TO ENACT THE SOUTH CAROLINA ENVIRONMENTAL AUDIT ACT OF 1995 SO AS TO DEFINE ENVIRONMENTAL AUDITS AND AUDIT REPORTS AND TO CREATE A PRIVILEGE WITH REGARD TO CONTENTS OF THESE REPORTS AND TO PROVIDE EXCEPTIONS.
Senator MOORE was recognized.
Senator McCONNELL asked unanimous consent to make a motion that the Bill be given a second reading with notice of general amendments, carrying over all amendments to third reading.
Senator LEVENTIS objected.
On motion of Senator MOORE, the Bill was carried over.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3083 -- Reps. Cromer, Baxley, Witherspoon, Vaughn, Riser, Allison, Meacham, Bailey, Haskins, Cato, Kirsh, Shissias, Stuart, Marchbanks, Gamble, Simrill, Cotty, Wilder, Stille, Walker, Tripp, Fulmer, Keyserling, Tucker, Knotts, Elliott, Wells, Fleming, Kelley, Richardson, Sandifer, Mason, Robinson and Whatley: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 7 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE STATE SENATE AND HOUSE OF REPRESENTATIVES, AND TO ARTICLE VI, SECTION 1, RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES.
Senator LEATHERMAN moved that the Joint Resolution be made a Special Order.
Senator PATTERSON raised a Point of Order under Rule 34B that the motion was out of order inasmuch as the Joint Resolution had not been on the Calendar for a minimum of six statewide legislative days.
The PRESIDENT sustained the Point of Order.
Printed Page 1730, Apr. 17
| Printed Page 1750, Apr. 17
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