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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.
This web page was last updated on January 28, 2021 at 11:14 AM