Senators DAVIS and CAMPSEN propose the following amendment (SM BOATING PILOT PROGRAM):

Amend the bill, as and if amended, Part IB, Section 117, GENERAL PROVISIONS, page 551, after line 36, by adding an appropriately numbered new proviso to read:

/ (A) Of the funds appropriated to the Department of Natural Resources, there is established a pilot program within the department named the Public/Private Partnerships - Boating Safety. The pilot program shall administer a boating education course and increase overall boater safety and boater safety education. A list of approved courses must be provided on the department's website. 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.

(B)A person may not 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 accompanied by a person at least 18 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 paragraph.

(C)The d epartment shall partner with motorboat rental businesses to ensure that:

(1) a motorboat, including a personal watercraft, is not rented or leased to any person for operation on the waters of the state unless the renter or lessee has a valid watercraft operator's permit or is an exempt operator and is 18 years of age or older;

(2) the motorboat rental business lists on each motorboat rental or lease agreement the name and age of each operator who is authorized to operate the motorboat or personal watercraft. The renter or lessee of the motorboat must ensure that only listed authorized operators operate the motorboat or personal watercraft;

(3) the motorboat rental business provides each authorized operator (a) a summary of this provision together with any other relevant laws, regulations, and rules governing operation of motorboats and personal watercraft in the state and (b) instructions for safe operation. Each authorized operator must review the summary provided under this paragraph and must either successfully complete a boating education course administered or approved by the department; provide satisfactory proof to the motorboat rental business that the person was issued a boater education certificate, or an equivalency, by another state; or provide satisfactory proof to the motorboat rental business 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 before the motorboat or personal watercraft leaves the motorboat rental business premises; and

(4) that the motorboat rental business provides a United States Coast Guard (USCG) approved wearable personal flotation device with a USCG label indicating it either is approved for or does not prohibit use with personal watercraft or water-skiing and any other required safety equipment to all persons who rent a personal watercraft at no additional cost.

(D)A person who violates this provision shall be fined by the department not less than fifty dollars and not more than three hundred dollars, no part of which may be suspended. Revenues from fines under this provision must be retained by the department for support of the pilot program and boater safety. No court costs, assessments, or surcharges may be assessed against a person who violates this provision. A custodial arrest for a violation of this provision 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 provision 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. /

Amend sections, totals and title to conform.