Indicates Matter Stricken

Indicates New Matter

 

Committee Report

April 19, 2023

S. 96

Introduced by Senators Campsen, Davis, McElveen, Cromer, Kimpson and Hutto

 

S. Printed 04/19/23--H.

Read the first time February 16, 2023

 

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The committee on HOUSE Judiciary

To who was referred a Bill (S. 96) to amend the South Carolina Code of Laws by amending Section 50-21-10, relating to definitions for the equipment and operation of watercraft, so as to provide the, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

WESTON NEWTON for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

 

State Expenditure

This bill requires DNR to administer a boating safety course and allows for approval of additional boating safety education courses. A listing of approved courses must be provided on the department's website. DNR must provide a boating safety certificate to anyone who completes one of the courses, provides proof that he has a boating safety certificate or equivalency from another state, or has a license to operate a vessel or has received a merchant mariner credential by the United States Coast Guard.  Additionally, DNR must approve one or more boat rental safety education courses to be taken by persons renting a vessel, personal watercraft, or specialty propcraft from a business engaged in the renting of those items.  The boat rental safety certificate is valid for thirty days.

 

Currently, an individual under age sixteen must be accompanied by an adult in order to operate a personal watercraft, specialty propcraft, or vessel, and the adult is not required to have completed a boating safety program or any other similar education. Additionally, an individual under age sixteen may operate one of these vessels without an adult if the person completes a boating safety program or if the vessel is less than fifteen horsepower under current law.

 

This bill makes it is illegal for a person to operate a vessel powered by an engine of ten horsepower or greater, personal watercraft, or specialty propcraft without a boating safety certificate, with certain exceptions. Violations of this requirement are subject to a fine of $50 to $300. The bill provides exceptions to the new boating safety certificate requirements for an individual who:

(1) was born on or before July 1, 2007;

(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 boating safety certificate, or an equivalency, issued by another state in the nonresident's name;

(5) is operating a vessel, personal watercraft, or specialty propcraft from a business engaged in the renting of vessels, personal watercrafts, or specialty propcrafts and is in possession of a valid boat rental safety certificate issued in the person's name; 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 (4) of this subsection.

 

Department of Natural Resources. DNR anticipates that currently available online and in-person instructional resources for boating safety are adequate to meet the requirements of this bill. DNR also anticipates being able to manage any other responsibilities due to this bill within existing resources. Therefore, this bill will have no expenditure impact for DNR.

 

Judicial. This bill may impact the number of court cases for violations of the new boating safety certificate requirements. We anticipate that any increase in caseloads will be managed with existing resources.

 

State Revenue

The bill may impact General Fund, Other Funds, and local revenues from fines due to the new provision establishing a fine of $50 to $300 for violating the new provisions requiring a boating safety certificate to operate a boat. The bill specifies that no court costs, assessments, or surcharges may be assessed against a person who violates the provisions. As this is a new offense and the number of fines that will be assessed is unknown, the amount that may be generated is undetermined.

 

Local Expenditure

This bill may impact the number of court cases for violations of the new boating safety certificate requirements. We anticipate that any increase in caseloads will be managed with existing resources.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

to amend the South Carolina Code of Laws by amending Section 50-21-10, relating to Definitions for the equipment and operation of watercraft, so as to PROVIDE THE DEFINITION OF PERSONAL WATERCRAFT; by amending Section 50-21-90, relating to THE Boating safety and educational program, so as 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, RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-95, so as to PROVIDE THAT IT IS UNLAWFUL FOR A PERSON TO OPERATE CERTAIN WATERCRAFT ON THE WATERS OF THIS STATE WITHOUT HAVING POSSESSION OF A BOATING SAFETY CERTIFICATE, WITH CERTAIN EXCEPTIONS; TO REPEAL SECTION 50-21-870(A)(1), RELATING TO THE DEFINITION FOR THE TERM "PERSONAL WATERCRAFT"; AND TO REPEAL 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 (20) through (29) of the S.C. Code are amended to read:

 

    (20) "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.

    (21) "Reportable boating accident" means an accident, collision, or other casualty involving a vessel subject to this chapter which results in loss of life, injury which results in loss of consciousness, necessity for medical treatment, necessity to carry a person from the scene, disability which prevents the discharge of normal duties beyond the day of casualty, or actual physical damage to property including vessels in excess of the minimum amount set by the United States Coast Guard for reportable accidents.

    (21)(22) "Serial number" means the identifying manufacturer's number affixed to a watercraft before November 2, 1972, and to outboard motors before, on, and after that date. The serial number of watercraft manufactured after November 1, 1972, is part of the hull identification number.

    (23) "Specialty propcraft" means a vessel that is similar in appearance and operation to a personal watercraft but is powered by an outboard or propeller-driven motor.

    (22)(24) "Temporary certificate of number" is a temporary registration assigned to a vessel to allow operation for a limited purpose.

    (23)(25) "Tender" means a small watercraft attendant to a larger vessel that meets United States Coast Guard requirements and is used solely for ferrying supplies or passengers and crew between its parent vessel and shore.

    (24)(26) "Use" means operate, navigate, or employ.

    (25)(27) "Vessel" means every description of watercraft, other than a seaplane regulated by the federal government, used or capable of being used as a means of transportation on water.

    (26)(28) "Water device" means a motorboat, boat, personal watercraft or vessel, water skis, an aquaplane, surfboard, or other similar device.

    (27)(29) "Waters of the State" means waters within the territorial limits of the State but not private lakes or ponds.

    (28)(30) "Watercraft" means any thing used or capable of being used as a means of transportation on the water but does not include: a seaplane regulated by the federal government, water skis, aquaplanes, surfboards, windsurfers, tubes, rafts, and similar devices or any thing that does not meet construction or operational requirements of the state or federal government for watercraft.

    (29)(31) "Wake surf" means to operate a vessel that is ballasted in the stern so as to create a wake that is, or is intended to be, surfed by another person.

 

SECTION 2.  Section 50-21-90 of the S.C. 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 safety education course and may approve of additional boating safety 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 safety education course administered or approved by the department;

       (2) a person who provides satisfactory proof to the department that the person was issued a boating safety 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.

    (C) The department must approve of one or more boat rental safety education courses to be taken by persons renting a vessel, personal watercraft, or specialty propcraft from businesses engaged in the renting of vessels, personal watercrafts, or specialty propcrafts. A person who completes a boat rental safety education course approved by the department must be issued a boat rental safety certificate in either electronic or physical form in the person's name. A boat rental safety certificate is valid for thirty days from the date of issuance and only while operating a vessel, personal watercraft, or specialty propcraft from a business engaged in the renting of vessels, personal watercrafts, or specialty propcrafts.

 

SECTION 3.  Article 1, Chapter 21, Title 50 of the S.C. 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, 2007;

       (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 boating safety certificate, or an equivalency, issued by another state in the nonresident's name;

       (5) is operating a vessel, personal watercraft, or specialty propcraft from a business engaged in the renting of vessels, personal watercrafts, or specialty propcrafts and is in possession of a valid boat rental safety certificate issued in the person's name; 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 (4) of this subsection.

    (B) A person who is adjudicated to be in violation of this section must be fined not less than fifty dollars and not more than three hundred dollars, no part of which may be suspended. No court costs, assessments, or surcharges may be assessed against a person who violates this section. A custodial arrest for a violation of this section must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of this section does not constitute a criminal offense and must not be included in the records maintained by the department or in the records maintained by SLED.

 

SECTION 4.  Section 50-21-870(A) of the S.C. Code is amended to read:

 

    (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) "Class 'A' boat" means a motorboat which is less than sixteen feet in length.

       (4)(2) "Floating device" includes kneeboards, aqua planes, surfboards, saucers, inner tubes, and other similar equipment.

 

SECTION 5.  Section 50-21-870(B)(9) and (10) of the S.C. Code are amended to read:

 

       (9)(a) operate a personal watercraft, specialty propcraft, or vessel if he is younger than 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 of them. However, a person younger than sixteen years of age may operate a personal watercraft, specialty propcraft, or vessel 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;

               (iii) anyone operating a vessel with less than fifteen horsepower engine will not be required to take the boating safety program.

           (b) It is unlawful for a person who has temporary or permanent responsibility for a child to knowingly or wilfully violate item (9) of subsection (B).

           (c) The Department of Natural Resources shall promulgate regulations relating to boating safety programs administered by the department or subject to its approval.

       (10) wake surf in excess of idle speed within two hundred feet of a moored vessel, wharf, dock, bulkhead, pier, or person in the water.

 

SECTION 6.  This act takes effect July 1, 2023.

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