South Carolina General Assembly
124th Session, 2021-2022

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Bill 497

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

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COMMITTEE REPORT

February 18, 2021

S. 497

Introduced by Senators Campsen, McElveen, Peeler and Gustafson

S. Printed 2/18/21--S.

Read the first time January 28, 2021.

            

THE COMMITTEE ON FISH, GAME AND FORESTRY

To whom was referred a Bill (S. 497) 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, 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 SECTION 3 in its entirety and inserting:

/    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;

(5)    is exempt pursuant to a regulation promulgated by the department; or

(6)    is accompanied by a person at least eighteen years old who:

(a)    is in possession of a South Carolina boating safety certificate issued by the department in the person's name; or

(b)    meets one of the criteria in items (1) through (5) of this subsection.

(B)    A person who violates this section commits a noncriminal offense and is subject to a civil fine of not less than fifty dollars and not more than three hundred dollars."        /

Renumber sections to conform.

Amend title to conform.

GEORGE E. CAMPSEN III for Committee.

            

A BILL

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.

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