Current Status Introducing Body:House Bill Number:3837 Primary Sponsor:Cork Committee Number:20 Type of Legislation:GB Subject:Watercraft, detailed provisions Residing Body:House Current Committee:Agriculture, Natural Resources, and Environmental Affairs Companion Bill Number:834 Computer Document Number:BBM/9313.JM Introduced Date:Apr 11, 1991 Last History Body:House Last History Date:Apr 11, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Cork Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3837 House Apr 11, 1991 Introduced, read first time, 20
referred to Committee
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TO AMEND SECTION 50-21-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "MARINE MANUFACTURER", "MARINE DEALER", "CERTIFICATE OF NUMBER", AND "TEMPORARY CERTIFICATE OF NUMBER"; TO AMEND SECTION 50-21-40, RELATING TO THE ADMINISTRATION OF CHAPTER 21 OF TITLE 50 (EQUIPMENT AND OPERATION OF WATERCRAFT), SO AS TO DELETE REFERENCE TO THE DIVISION OF BOATING OF THE WILDLIFE AND MARINE RESOURCES DEPARTMENT; TO AMEND SECTION 50-21-150, RELATING TO PENALTIES FOR CERTAIN VIOLATIONS OF THE LAW ON THE EQUIPMENT AND OPERATION OF WATERCRAFT, PROVIDE FOR A MINIMUM FINE IN CASES WHERE A PENALTY IS NOT SPECIFIED AND TO INCREASE THE MAXIMUM FINE; TO AMEND SECTION 50-21-320, RELATING TO THE PROVISION THAT CERTAIN MARINE VESSELS NEED NOT BE NUMBERED, SO AS TO PROVIDE THAT ONE OF THE CONDITIONS UNDER WHICH A VESSEL NEED NOT BE NUMBERED OCCURS DURING THE USE OF A WATERCRAFT UNDER AUTHORITY OF A VALID TEMPORARY CERTIFICATE OF NUMBER ISSUED BY THE DEPARTMENT OF WILDLIFE AND MARINE RESOURCES OR ITS AUTHORIZED AGENT; TO AMEND THE 1976 CODE BY ADDING SECTION 50-21-345 SO AS TO AUTHORIZE THE DEPARTMENT TO ISSUE TEMPORARY CERTIFICATES OF NUMBER TO PERMIT THE USE OF WATERCRAFT WHILE APPLICATIONS FOR NUMBERS ARE BEING PROCESSED; TO AMEND SECTION 50-21-370, RELATING TO TERM AND RENEWAL OF CERTIFICATES UNDER THE LAW ON EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO ALLOW THE DEPARTMENT TO ISSUE A CERTIFICATE OF NUMBER FOR DEMONSTRATION AND TESTING PURPOSES TO A PERMITTED MARINE DEALER OR MARINE MANUFACTURER; TO AMEND SECTION 50-21-380, RELATING TO TRANSFER OF REGISTRATION UPON CHANGE OF OWNERSHIP OF A MOTORBOAT, SO AS TO SUBSTITUTE "WATERCRAFT" FOR "MOTORBOAT" AND ALLOW THE PURCHASER TO OPERATE THE WATERCRAFT FOR UP TO SIXTY DAYS, RATHER THAN THIRTY DAYS, ON A TEMPORARY BASIS; TO AMEND SECTION 50-21-390, RELATING TO THE TRANSFER, DESTRUCTION, ABANDONMENT, OR DOCUMENTATION OF A MARINE VESSEL, NOTICE, AND TERMINATION OF CERTIFICATE, SO AS TO DELETE CERTAIN PROVISIONS AND REQUIRE THE OWNER TO NOTIFY THE DEPARTMENT IN WRITING WITHIN TEN DAYS IF ANY REGISTERED WATERCRAFT IS ABANDONED, JUNKED, OR DESTROYED OR IS USED IN THE MANUFACTURE OR REMANUFACTURE OF ANOTHER WATERCRAFT; TO AMEND SECTION 50-23-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE LAW ON THE TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO FURTHER PROVIDE FOR THE DEFINITION OF "DEALER'S PERMIT", INCLUDING THE ADDITION OF PROVISIONS REGARDING A DEALER WHO FAILS TO MEET MINIMUM REQUIREMENTS EACH YEAR; TO AMEND SECTION 50-23-60, AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATE OF TITLE FOR A WATERCRAFT OR OUTBOARD MOTOR, SO AS TO DELETE REFERENCE TO "DIVISION" AND REPLACE IT WITH "DEPARTMENT", REQUIRE THAT THE APPLICATION BE MADE WITHIN TWENTY DAYS OF THE DATE OF PURCHASE, MAKE REFERENCE TO MARINE DEALERS, REQUIRE THE DEALER TO MAIL OR DELIVER THE APPLICATION TO THE DEPARTMENT WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF THE SALE, PROVIDE THAT A DEALER, UPON TRANSFERRING A WATERCRAFT OR OUTBOARD MOTOR TO ANOTHER PERSON, OTHER THAN BY CREATION OF A SECURITY INTEREST, WITHIN THIRTY, RATHER THAN TWENTY, DAYS OF SALE SHALL EXECUTE THE ASSIGNMENT AND WARRANTY OF TITLE BY A DEALER, AND PROVIDE THAT DEALERS ARE NOT REQUIRED TO OBTAIN TITLES FOR NEW VESSELS AND OUTBOARD MOTORS HELD IN THEIR INVENTORY FOR SALE UNTIL THEY ARE SOLD OR EXCHANGED, SO LONG AS A PROPER MANUFACTURER'S OR IMPORTER'S CERTIFICATE IS HELD BY THE DEALER; TO AMEND SECTION 50-23-170, AS AMENDED, RELATING TO SERIAL NUMBERS FOR WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROHIBIT BEING IN POSSESSION OF A PARTICULAR WATERCRAFT OR OUTBOARD MOTOR UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-190, AS AMENDED, RELATING TO OPERATION OR TRANSFER OF WATERCRAFT OR MOTOR WITHOUT A CERTIFICATE, CERTAIN UNLAWFUL ACTS REGARDING WATERCRAFT AND MOTORS, AND FAILURE TO DELIVER OR SURRENDER A CERTIFICATE, SO AS TO PROHIBIT BEING IN POSSESSION OF CERTAIN WATERCRAFT OR OUTBOARD MOTORS UNDER CERTAIN CONDITIONS; TO AMEND SECTION 50-23-205, AS AMENDED, RELATING TO SEIZURE OF CERTAIN WATERCRAFT, NOTICE OF SEIZURE, AND DISPOSAL OF WATERCRAFT, SO AS TO ADD PROVISIONS REGARDING WHAT THE DEPARTMENT SHALL DO WHEN THE DEPARTMENT DETERMINES THE OWNER OF ANY SEIZED WATERCRAFT OR OUTBOARD MOTOR, INCLUDING PROVISIONS FOR FORFEITURE; AND TO AMEND SECTION 50-23-280, AS AMENDED, RELATING TO PENALTIES UNDER THE LAW ON TITLING OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE SPECIAL PENALTIES FOR ANY DEALER WHO VIOLATES THE PROVISIONS OF CHAPTER 23 OF TITLE 50, AND PROVIDE THAT ANY PERSON WHO UTTERS A FRAUDULENT CHECK TO THE DEPARTMENT FOR FEES, OR IS CONVICTED OF VIOLATING ANY PROVISION OF CHAPTER 23 OF TITLE 50, MAY BE DENIED FUTURE DEALER PERMITS BY THE DEPARTMENT.
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 four appropriately numbered items to read:
"( ) `Marine manufacturer' means any person engaged in the business of manufacturing watercraft or outboard motors for the purpose of sale or trade.
( ) `Marine dealer' means a person who buys, sells, exchanges, or services watercraft or outboard motors new or used on outright or conditional sale, bailment, lease, chattel mortgage, or otherwise, and who has an established place of business for the sale, trade, and display of the watercraft or outboard motors, or both, and is permitted by the department.
( ) `Certificate of number' means registration card.
( ) `Temporary certificate of number' means a designated copy of watercraft application."
SECTION 2. Section 50-21-40 of the 1976 Code is amended to read:
"Section 50-21-40. The administration of this chapter shall be is vested in the South Carolina Wildlife and Marine Resources Department, hereafter referred to as the `department'. which Department shall set up a Division of the Department known as the Division of Boating, hereinafter referred to as the "Division." The word `division', where it appears in this chapter, must be construed as a reference to the department."
SECTION 3. Section 50-21-150(2) of the 1976 Code is amended to read:
"(2) Any A person violating any provision of this chapter or any regulations adopted by the Division of Boating promulgated by the department pursuant to this chapter where the penalty is not specified shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be fined not less than twenty-five dollars nor not more than one two hundred dollars or be imprisoned for not more than thirty days for each violation."
SECTION 4. Section 50-21-320(1)(h) of the 1976 Code is amended to read:
"(h) When operating temporarily by virtue of visible evidence that a recent application for a certificate of number has been submitted. using a watercraft under authority of a valid temporary certificate of number issued by the department or its authorized agent."
SECTION 5. Article 3, Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-345. (A) The department may issue temporary certificates of number to permit the use of watercraft while applications for numbers are being processed. A temporary certificate is valid for a period not to exceed sixty days from the date of purchase of the watercraft or from the date of application for a number, whichever is earlier.
(B) When using a recently purchased watercraft under the authority of a temporary certificate of number, the operator shall carry a copy of the bill of sale on board as temporary proof of ownership.
(C) A temporary certificate of number shall not be issued for a watercraft which does not have a hull identification number (HIN) or expired Certificate of Number.
(D) Duplicate or updated temporary certificates of number or updated bills of sale are not valid for the purposes of this section.
(E) The number assigned to a temporary certificate of number shall not be displayed on the watercraft."
SECTION 6. Section 50-21-370 of the 1976 Code is amended by adding:
"The department may issue a certificate of number for demonstration and testing purposes to a permitted marine dealer or marine manufacturer. The certificate of number is valid from the date of issue to December thirty-first of each year or until a change in business ownership, a change of business name, relocation of the business, or the termination of the business, whichever occurs first. The registration must be clearly marked `dealer' or `manufacturer'."
SECTION 7. Section 50-21-380(A) of the 1976 Code is amended to read:
"(A) When the Upon transfer of ownership of a motorboat watercraft changes, the purchaser shall file an application for transfer of registration, together with the payment of a fee at a cost of three dollars, and a certificate of transfer must be awarded. Such The application for transfer must be made by the purchaser within twenty days from date of purchase. The purchaser may operate the motorboat watercraft for a period of thirty up to sixty days while the transfer of registration is being completed and may prove his ownership by producing the bill of sale or copy during the thirty-day period on a temporary certificate of number."
SECTION 8. Section 50-21-390(1) of the 1976 Code is amended to read:
"(1) The owner shall furnish the Division department written notice of the transfer of all or any part of his interest other than the creation of a security interest in a vessel numbered in this State pursuant to this section, or the destruction, abandonment or documentation of such the vessel within fifteen days thereof. Such The transfer, destruction, abandonment or documentation shall terminate terminates the certificate of number for such the vessel, except that, in the case of a transfer of a part interest which does not affect the owner's right to operate such the vessel, such the transfer shall does not terminate the certificate of number."
SECTION 9. Section 50-21-390 of the 1976 Code is amended by adding an appropriately numbered subsection to read:
"( ) The owner shall notify the department in writing within ten days if any registered watercraft is abandoned, junked, or destroyed or is used in the manufacture or remanufacture of another watercraft."
SECTION 10. Section 50-23-10(l) of the 1976 Code, as added by Act 190 of 1989, is amended to read:
"(l) `Dealer's permit' means a certificate issued by the department to recognize a properly licensed a marine business and to extend the privilege of using marine dealer registration numbers on boats or motors for demonstration purposes and assignment on appropriate documents. Any abuse of these privileges may result in termination of the dealer's permit. Any dealer who fails to meet minimum requirements each year may request in writing a review of the permit and sales. After review of the dealer's records and after good cause has been shown by the dealer for not meeting the minimum requirements, the department may renew the permit for the calendar year."
SECTION 11. Section 50-23-60(a) and (a)(1) of the 1976 Code are amended to read:
"(a) Every owner purchaser of a watercraft or outboard motor subject to titling which is required to be titled under the provisions of this chapter shall make application to the Division department within twenty days of the date of purchase for the issuance of a certificate of title for such the watercraft or outboard motor accompanied by the required fee and upon on the appropriate form or forms prescribed and furnished by the Division department. The application shall must be signed by the owner purchaser and shall must be sworn to before a notary public or other officer empowered to administer oaths. Every application for a certificate of the title shall must contain:
(1) The purchaser's name, residence and mail address of the owner street address or mailing address, and social security number;"
SECTION 12. Section 50-23-60(b) of the 1976 Code, as last amended by Act 190 of 1989, is further amended to read:
"(b) Every marine dealer selling or exchanging a watercraft or outboard motor subject to titling under this chapter shall make application to the department for a new title in the name of the purchaser before delivering the watercraft or outboard motor to the purchaser. The application must contain the name and address of any lienholder holding a security interest created or reserved at the time of sale and the date of his security agreement. It must be signed by the dealer showing the assigned dealer identification numbers, as well as by the owner, and the dealer shall mail or deliver the application to the department within twenty thirty days of the sale. However, marine dealers are not required to obtain titles for new vessels and outboard motors held in their inventory for sale until they are sold or exchanged, so long as a proper manufacturer's or importer's certificate, as required by Section 50-23-110, is held by the dealer."
SECTION 13. Section 50-23-60(c) of the 1976 Code is amended to read:
"(c) If a marine dealer buys or acquires a used watercraft or outboard motor for the purpose of resale and such the watercraft or outboard motor is already covered by a certificate of title which is surrendered to him by the owner or lienholder at the time of delivery of the watercraft or outboard motor, the marine dealer need not send the certificate to the Division department at that time. Upon transferring the watercraft or outboard motor to another person, other than by creation of a security interest, he shall within twenty thirty days of sale execute the assignment and warranty of title by a marine dealer, showing the name and address of the transferee and any lienholder and the date of his security agreement, in the spaces provided, on the certificate to the Division department with the transferee's application for a new certificate."
SECTION 14. Section 50-23-170(e) of the 1976 Code, as last amended by Act 190 of 1989, is further amended to read:
"(e) No person may destroy, remove, alter, cover, or deface the manufacturer's serial number, or plate bearing such serial number, or any serial number assigned by the department, on any watercraft or outboard motor, or be in possession of such watercraft or outboard motor, unless authorized in writing by the department."
SECTION 15. Section 50-23-190(a) of the 1976 Code, as last amended by Act 190 of 1989, is further amended to read:
"(a) be in possession of or operate on the waters in this State a watercraft, or an outboard motor, for which a certificate of title is required unless a certificate of title has been issued to the owner;"
SECTION 16. Section 50-23-190(b) of the 1976 Code is amended to read:
(b) be in possession of or operate on the waters in this State a watercraft, or an outboard motor, for which a certificate of title is required upon which the certificate of title has been canceled;"
SECTION 17. Section 50-23-205 of the 1976 Code, as last amended by Act 190 of 1989, is further amended by adding:
"When the department determines the owner of any seized watercraft or outboard motor, it shall notify the owner by certified mail giving the procedure, the location, and not less than thirty days from the date of the certified letter to remove the equipment from the department's storage facility. Failure to remove the watercraft or outboard motor by the date designated results in the forfeiture of the equipment to the department, which may use or dispose of the equipment according to this section."
SECTION 18. Section 50-23-280 of the 1976 Code, as last amended by Act 190 of 1989, is further amended by adding two new appropriately lettered subsections to read:
"( ) A dealer violating the provisions of this chapter is guilty of a misdemeanor and, upon conviction, for the first offense, must be fined two hundred dollars; for the second offense, five hundred dollars; and for the third and any subsequent offense, two thousand dollars and suspension of the permit for ninety days.
( ) A person who utters a fraudulent check to the department for fees, or is convicted of violating any provision of this chapter, may be denied future dealer permits by the department."
SECTION 19. This act takes effect upon approval by the Governor.