H*3116(Rat #0505, Act #0420 of 1996)  General Bill, By Cato and Meacham
 A Bill to amend Section 50-21-850, as amended, Code of Laws of South Carolina,
 1976, relating to the requirement that persons waterskiing, surfboarding, or
 riding similar objects must wear a ski belt or life preserver, so as to
 provide that persons waterskiing or riding any object being towed by a
 motorized watercraft must wear certain approved personal flotation devices,
 and to provide for persons exempt from the above provisions; to amend Section
 50-21-860, as amended, relating to restrictions on the use of airboats, so as
 to provide for specified areas where it is unlawful to operate airboats during
 certain hours; and to amend Section 5-7-140, relating to areas where the
 police jurisdiction and sanitation authority of municipalities bordering on
 the high-tide line of the Atlantic Ocean or the high-water mark of any other
 navigable body of water is extended, so as to provide that the corporate
 limits of such municipalities are extended over specified areas bordering the
 Atlantic Ocean or these bodies of water, and to provide that these
 municipalities have jurisdiction to punish individuals violating municipal
 ordinances in such areas.-amended title

   12/14/94  House  Prefiled
   12/14/94  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
   01/10/95  House  Introduced and read first time HJ-42
   01/10/95  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-42
   01/26/95  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs HJ-6
   02/01/95  House  Amended HJ-33
   02/01/95  House  Read second time HJ-33
   02/02/95  House  Read third time and sent to Senate HJ-33
   02/07/95  Senate Introduced and read first time SJ-18
   02/07/95  Senate Referred to Committee on Fish, Game and Forestry SJ-18
   04/17/96  Senate Committee report: Favorable Fish, Game and
                     Forestry SJ-15
   05/16/96  Senate Amended SJ-40
   05/16/96  Senate Read second time SJ-40
   05/16/96  Senate Ordered to third reading with notice of
                     amendments SJ-40
   05/22/96  Senate Amended SJ-17
   05/22/96  Senate Read third time and returned to House with
                     amendments SJ-17
   05/30/96  House  Senate amendment amended HJ-69
   05/30/96  House  Returned to Senate with amendments HJ-69
   05/30/96  Senate Concurred in House amendment and enrolled SJ-70
   06/13/96         Ratified R 505
   06/18/96         Signed By Governor
   06/18/96         Effective date 06/18/96
   07/02/96         Copies available
   07/02/96         Act No. 420

AN ACT TO AMEND SECTION 50-21-850, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT PERSONS WATERSKIING, SURFBOARDING, OR RIDING SIMILAR OBJECTS MUST WEAR A SKI BELT OR LIFE PRESERVER, SO AS TO PROVIDE THAT PERSONS WATERSKIING OR RIDING ANY OBJECT BEING TOWED BY A MOTORIZED WATERCRAFT MUST WEAR CERTAIN APPROVED PERSONAL FLOTATION DEVICES, AND TO PROVIDE FOR PERSONS EXEMPT FROM THE ABOVE PROVISIONS; TO AMEND SECTION 50-21-860, AS AMENDED, RELATING TO RESTRICTIONS ON THE USE OF AIRBOATS, SO AS TO PROVIDE FOR SPECIFIED AREAS WHERE IT IS UNLAWFUL TO OPERATE AIRBOATS DURING CERTAIN HOURS; AND TO AMEND SECTION 5-7-140, RELATING TO AREAS WHERE THE POLICE JURISDICTION AND SANITATION AUTHORITY OF MUNICIPALITIES BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR THE HIGH-WATER MARK OF ANY OTHER NAVIGABLE BODY OF WATER IS EXTENDED, SO AS TO PROVIDE THAT THE CORPORATE LIMITS OF SUCH MUNICIPALITIES ARE EXTENDED OVER SPECIFIED AREAS BORDERING THE ATLANTIC OCEAN OR THESE BODIES OF WATER, AND TO PROVIDE THAT THESE MUNICIPALITIES HAVE JURISDICTION TO PUNISH INDIVIDUALS VIOLATING MUNICIPAL ORDINANCES IN SUCH AREAS.

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

Use of personal flotation devices

SECTION 1. Section 50-21-850 of the 1976 Code, as last amended by Section 1269, Act 181 of 1993, is further amended to read:

"Section 50-21-850. (A) No person may water ski or ride on any object being towed by a motorized watercraft unless he is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it.

(B) The following persons are exempt from the requirements of this section:

(1) participants in scheduled water ski tournaments or shows sponsored by a recognized water ski club;

(2) persons holding ratings of first class or higher in the American Water Ski Association;

(3) windsurfers, surfboarders, and sailboarders."

Airboat use prohibited

SECTION 2. Section 50-21-860 of the 1976 Code, as last amended by Section 1269, Act 181 of 1993, is further amended to read:

"Section 50-21-860. As used in this section, `airboat' means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.

(A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-30, seaward.

(B) It is unlawful to operate an airboat on the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown and Horry Counties from one hour before legal sunset to one hour after legal sunrise and anytime during the season for hunting waterfowl.

(C) It is unlawful to operate an airboat on the waters of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree Rivers during the season for hunting waterfowl.

A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.

The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying, biological research programs, and private waters."

Corporate limits of municipalities; jurisdiction to punish violations

SECTION 3. Section 5-7-140 of the 1976 Code is amended to read:

"Section 5-7-140. (A) The corporate limits of any municipality bordering on the high-tide line of the Atlantic Ocean are extended to include all that area lying between the high-tide line and one mile seaward of the high-tide line. These areas are subject to all the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the area defined in this section.

(B) The corporate limits of any municipality bordering on the high-water mark of a navigable body of water (other than the Atlantic Ocean) are extended to include all that area lying between the high-water mark and the low-water mark. These areas are subject to all of the ordinances and regulations that may be applicable to the areas lying within the corporate limits of the municipality, and the municipal courts have jurisdiction to punish individuals violating the provisions of the municipal ordinances where the misdemeanor occurred in the areas defined in this section."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 18th day of June, 1996.