H 4770 General Bill, By Witherspoon, Battle, T. Brown, Clyburn, Dantzler, 
Davenport, Edge, Harrison, J. Hines, Keegan, Kelley, Koon, Limehouse, 
Littlejohn, Mack, Mason, W. McLeod, Miller, Quinn, Riser, Sheheen, R. Smith, 
Walker and Whatley

Similar(S 882)
 A BILL TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING ARTICLE 10 SO AS TO
 ESTABLISH A POINT SYSTEM FOR WATERCRAFT VIOLATIONS, TO PROVIDE FOR A PROCEDURE
 FOR SUSPENSION OF WATERCRAFT PRIVILEGES OF A PERSON WHO ACCUMULATES A SPECIFIC
 NUMBER OF POINTS, TO REQUIRE THE REPORTING OF WATERCRAFT CONVICTIONS TO THE
 DEPARTMENT OF NATURAL RESOURCES, TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A
 WATERCRAFT WHILE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATION.

   03/05/98  House  Introduced and read first time HJ-6
   03/05/98  House  Referred to Committee on Judiciary HJ-6
   03/19/98  House  Recalled from Committee on Judiciary HJ-42
   03/19/98  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-42

A BILL

TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING ARTICLE 10 SO AS TO ESTABLISH A POINT SYSTEM FOR WATERCRAFT VIOLATIONS, TO PROVIDE FOR A PROCEDURE FOR SUSPENSION OF WATERCRAFT PRIVILEGES OF A PERSON WHO ACCUMULATES A SPECIFIC NUMBER OF POINTS, TO REQUIRE THE REPORTING OF WATERCRAFT CONVICTIONS TO THE DEPARTMENT OF NATURAL RESOURCES, TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A WATERCRAFT WHILE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Chapter 21 of Title 50 of the 1976 Code is amended by adding:

"Article 10

Section 50-21-900. The following point system is for violations of provisions of watercraft and boating laws:

(1) operating personal watercraft after hours8

(2) operation of a watercraft while under the influence

of alcohol or drugs . . . . . . . .18

(3) negligent or unsafe operation of a watercraft10

(4) violations of navigational or safety equipment4

(5) disregarding 'reduced speed zone' or 'no wake zone'4

(6) improper display of registration or title sticker2

(7) failure to carry registration on board2

(8) operating with expired or no registration or title4

(9) failure to report boating accident18

(10) obstructing public ramp or pier. . 4

(11) failure to apply for registration or title4

(12) failure to notify department of change of address4

(13) failure to stop for blue light or failure to cooperate18

(14) forged, removed, or altered serial or hull

identification numbers . . . . . . .18

(15) boating in a closed area . . . . . 8

(16) buying or selling boat or motor without title10

(17) exceeding idle speed within fifty feet of anchored vessel,

dock, pier, or person in water . . . 4

(18) towing skier without mirror or observer6

(19) personal watercraft jumping wake within two hundred

feet of a watercraft . . . . . . . . 8

(20) operation of watercraft without completing boating

safety course. . . . . . . . . . . . 8

(21) violations of boat or watercraft laws not

mentioned specifically in this section6

(22) operation that endangers life, limb, or property

as prohibited by Section 50-21-870.15

Section 50-21-920. 'Conviction' as used in this article includes the entry of a plea of guilty, the entry of a plea of nolo contendere, and the forfeiture of bail or collateral deposited to secure a defendant's appearance.

Section 50-21-930. Each time a person is convicted of a watercraft and boating offense for which privilege points are assigned, the department must assess those points against the person convicted. For each calendar year that passes after assessed in which the person assessed receives no points, the department must deduct one-half of the accumulated points if the total number of points is greater than three. If a person has three or fewer points at the end of a calendar year in which no points were received, the department shall reduce his point total to zero; however, a person's record must not be less than zero points.

Section 50-21-940. The department shall suspend the boating and watercraft privileges of a person who has accumulated eighteen or more points for one year. Boating privileges include the operation of watercraft or any other water conveyance. The suspension begins thirty days after the department mails notice of the suspension. No probationary authority is given to the department.

Section 50-21-950. (A) Upon determination that a person has accumulated sufficient points to warrant suspension of privileges, the department shall notify him in writing, return receipt requested, that his privileges are suspended, as mandated by Section 50-21-940.

(B) The person, within thirty days after notice of suspension, may request in writing a review under Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.

Section 50-21-960. After the expiration of the period of suspension, the person's record shall be cleared of points and the person starts anew with no points.

Section 50-21-970. The department shall administer and enforce this article and may promulgate regulations necessary for its administration with the article. Any law enforcement authority that charges or prosecutes for watercraft or boating violations must report convictions to the Department of Natural Resources no later than the tenth day of the month following the convictions. The department shall print and distribute instructions to all police departments and courts of jurisdiction explaining the reporting requirements.

Section 50-21-975. Nothing contained in this article affects mandatory suspension, revocation, or cancelation of watercraft and boating privileges when the action is mandatory under other provisions of law.

Section 50-21-980. A person who operates a watercraft while under suspension is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days and must have his boating privileges suspended for an additional three years.

Section 50-21-985. The points and penalties assessed under this article are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed."

SECTION 2. This act takes effect upon approval by the Governor.