H 3837 Session 109 (1991-1992)
H 3837 General Bill, By Cork
A Bill 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, 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.
04/11/91 House Introduced and read first time HJ-12
04/11/91 House Referred to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-15
A BILL
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.
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