S 0087 General Bill, By Bryant
 A BILL TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
 ADDING ARTICLE 14, RELATING TO THE OPERATION OF MOTORBOATS ON LAKE HARTWELL,
 TO PROVIDE NOISE CONTROL REQUIREMENTS ON MOTORBOATS OPERATING ON LAKE HARTWELL
 AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS ARTICLE.

   11/29/06  Senate Prefiled
   11/29/06  Senate Referred to Committee on Fish, Game and Forestry
   01/09/07  Senate Introduced and read first time SJ-64
   01/09/07  Senate Referred to Committee on Fish, Game and Forestry SJ-64

TO AMEND CHAPTER 25, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 14, RELATING TO THE OPERATION OF MOTORBOATS ON LAKE HARTWELL, TO PROVIDE NOISE CONTROL REQUIREMENTS ON MOTORBOATS OPERATING ON LAKE HARTWELL AND TO PROVIDE PENALTIES FOR A VIOLATION OF THIS ARTICLE.

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

SECTION    1.    Chapter 25, Title 50 of the 1976 Code is amended by adding:

"Article 14

Section 50-25-1410.    A motorboat operating on Lake Hartwell shall comply with the following noise control requirements:

(1)    Motorboats with inboard-outboard propulsion machinery shall exhaust through the propeller.

(2)    Inboard motorboats with 'V'-drives-jets or propeller propulsion machinery with exhaust through the transom shall be water cooled with a steady stream of water and exhaust underwater while under way or exhaust through an automotive type sealed (baffle) muffler for each exhaust stack, with exhaust openings not to exceed four inches in diameter. Boats with original propulsion machinery made before 1970 are exempt from the requirements of this item.

(3)    Motorboats and their propulsion machinery, which exhaust over the transom, shall exhaust through an automotive sealed (baffle) type muffler for each exhaust stack, with exhaust openings not to exceed four inches in diameter. Glass pack mufflers, resonators and above water open exhausts are prohibited for such motorboats. Baffle inserts are prohibited on all inboard boats.

(4)    Motorboats with outboard propulsion machinery shall exhaust under water at all times unless designed or modified to exhaust above water and comply with the provisions of item (3) of this section.

Section 50-25-1420.    The motorboats competing in a regatta, boat race, marine parade, tournament or exhibition, approved as provided in Section 50-21-1010, shall be exempt from the provisions of this article. Exceptions may also be granted during designated hours for pretrial runs and for trial runs for speed records immediately following the event.

Section 50-25-1430.    The operator of any motorboat who violates any provisions of this article is guilty of a misdemeanor and, upon conviction, shall be fined for a first offense not less than one hundred dollars nor more than four hundred dollars or imprisoned for not more than thirty days. For a second offense, the punishment shall be a fine of not less than two hundred dollars nor more than four hundred or imprisonment for not more than thirty days. For a third or subsequent offense, the punishment shall be a fine of not less than one thousand dollars nor more than five thousand dollars or imprisonment for not more than six months, or both."

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