Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.4319 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000111 Primary Sponsor:Battle All Sponsors:Battle, Whipper, Jennings Drafted Document Number:l:\council\bills\swb\5005djc00.doc Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:No wake zone declared on state lands subject to flooding when covered by floodwaters; Natural Resources, Watercraft History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000111 Introduced, read first time, 20 HANR referred to Committee House 19991201 Prefiled, referred to Committee 20 HANR Versions of This Bill
TO AMEND ARTICLE 1, CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EQUIPMENT AND THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO PROVIDE THAT ALL LANDS SUBJECT TO FLOODING AND FLOOD PLAINS IN THIS STATE ARE A NO WAKE ZONE WHEN COVERED BY FLOODWATERS AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-133. (A) For purposes of this section:
(1) 'Flood' or 'flooding' means an overflowing of water from a body of water onto land that is normally dry.
(2) 'Floodwater' or 'floodwaters' means the water of a flood other than a flood tide from an incoming or rising tide between the usual low water mark and usual high water mark of the Atlantic Ocean and bodies of water usually and normally subject to a normal incoming or rising tide of the Atlantic Ocean.
(3) 'Flood plain' or 'flood plains' means lands or plains bordering a river, stream, or other body of water that is subject to flooding or covered by floodwater.
(4) 'No wake zone' means all lands subject to flooding and flood plains in this State when covered by floodwater.
(B) It is unlawful to operate a watercraft so as to create a wake in a no wake zone.
(C) Any person violating this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period not exceeding ten days, or both, for a first offense or a fine of five hundred dollars or imprisonment for a period not exceeding thirty days, or both, for a second or subsequent offense. It is no defense for a violation of this section that the boundaries of a no wake zone were not posted by signs or otherwise marked."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Wednesday, December 9, 2009 at 9:28 A.M.