H*4110 Session 113 (1999-2000)
H*4110(Rat #0209, Act #0124 of 1999) General Bill, By Campsen
Similar(S 528)
A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
FISH, GAME AND WATERCRAFT, SO AS TO ENACT THE "SOUTH CAROLINA BOATING REFORM
AND SAFETY ACT OF 1999"; TO AMEND SECTION 50-21-10, AS AMENDED, RELATING TO
THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO PROVIDE FOR DEFINITIONS;
TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO NEGLIGENT OPERATION OF
BOATS OR SIMILAR DEVICES, SO AS TO DEFINE NEGLIGENT OPERATION OF A WATERCRAFT
AND PROVIDE PENALTIES FOR VIOLATIONS.-AMENDED SHORT TITLE
05/18/99 House Introduced, read first time, placed on calendar
without reference HJ-12
05/19/99 House Read second time HJ-79
05/20/99 House Read third time and sent to Senate HJ-16
05/20/99 Senate Introduced and read first time SJ-18
05/20/99 Senate Referred to Committee on Fish, Game and Forestry SJ-18
05/27/99 Senate Recalled from Committee on Fish, Game and
Forestry SJ-27
06/01/99 Senate Amended SJ-42
06/01/99 Senate Read second time SJ-42
06/01/99 Senate Unanimous consent for third reading on next
legislative day SJ-42
06/02/99 Senate Amended SJ-64
06/02/99 Senate Read third time and returned to House with
amendments SJ-64
06/03/99 House Senate amendment amended HJ-46
06/03/99 House Returned to Senate with amendments HJ-52
06/03/99 Senate Concurred in House amendment and enrolled SJ-81
06/24/99 Ratified R 209
07/02/99 Signed By Governor
07/02/99 Effective date 07/02/99
08/11/99 Copies available
08/11/99 Act No. 124
CORRECTED AND REPRINTED
(A124, R209, H4110)
AN ACT TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO FISH, GAME, AND WATERCRAFT, SO AS TO ENACT THE
"SOUTH CAROLINA BOATING REFORM AND SAFETY ACT OF 1999"; TO
AMEND SECTION 50-21-10, AS AMENDED,
RELATING TO THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO AS TO
PROVIDE FOR DEFINITIONS; TO AMEND SECTION 50-21-110, AS AMENDED, RELATING TO
NEGLIGENT OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO DEFINE
NEGLIGENT OPERATION OF A WATERCRAFT AND PROVIDE PENALTIES FOR
VIOLATIONS; BY ADDING SECTION 50-21-111 SO AS TO PROVIDE THAT NO
PERSON MAY OPERATE OR DIRECT THE OPERATION OF A VESSEL OR USE WATER
SKIS OR SIMILAR WATER DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL,
DRUGS, OR ANY COMBINATION THEREOF, AND TO PROVIDE PENALTIES FOR
VIOLATIONS; TO AMEND SECTION 50-21-112, AS AMENDED, RELATING TO USE
OF A VESSEL OR WATER DEVICE, SO AS TO PROVIDE FOR THE OFFENSE OF
CAUSING INJURY OR DEATH WHILE OPERATING A VESSEL OR USING A WATER
DEVICE WHILE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, AND TO
PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING SECTION 50-21-113 SO AS TO PROVIDE FOR THE
OFFENSE OF RECKLESS OPERATION OF A VESSEL OR WATER DEVICE, AND TO
PROVIDE PENALTIES; TO AMEND SECTION 50-21-114, AS AMENDED, RELATING TO
OPERATION OF A VESSEL OR MANIPULATION OF A WATER DEVICE WHILE UNDER
THE INFLUENCE OF ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A PERSON
ARRESTED FOR OPERATING A VESSEL OR MANIPULATING A WATER DEVICE IN
THE WATERS OF THIS STATE WHILE UNDER THE INFLUENCE OF ALCOHOL OR
DRUGS IS CONSIDERED TO HAVE GIVEN HIS CONSENT TO ONE OR A
COMBINATION OF CHEMICAL TESTS TO DETERMINE THE PRESENCE OF ALCOHOL
OR DRUGS, AND TO PROVIDE PENALTIES FOR THE REFUSAL TO TAKE THE
CHEMICAL TESTS REQUIRED BY THE ARRESTING OFFICER; TO AMEND SECTION
50-21-115, AS AMENDED, RELATING TO
RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS TO INCREASE THE
PERMISSIBLE TERM OF IMPRISONMENT FROM FIVE YEARS TO TEN YEARS; BY
ADDING SECTION 50-21-116 SO AS TO
PROVIDE THAT A PERSON MUST SUBMIT TO ONE OR A COMBINATION OF TESTS
WHEN THERE IS PROBABLE CAUSE TO BELIEVE THAT A PERSON WHO VIOLATED
OR IS UNDER ARREST FOR OPERATING A WATERCRAFT WHILE UNDER THE
INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION OF ALCOHOL AND DRUGS;
BY ADDING SECTION 50-21-117 SO AS TO
PROVIDE FOR THE OFFENSES OF OPERATING A VESSEL UNDER SUSPENSION AND
USING A WATER DEVICE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR
VIOLATIONS; TO AMEND SECTION 50-21-120, AS AMENDED, RELATING TO THE
DUTY OF A BOAT LIVERY, SO AS TO PROVIDE THAT THE OWNER OF A BOAT
LIVERY, HIS AGENT, AND EMPLOYEES, MUST NOT PERMIT A VESSEL TO DEPART
FROM HIS PREMISES UNLESS IT IS IN SOUND AND SAFE OPERATING CONDITION,
HAVE A VALID REGISTRATION, BE PROPERLY NUMBERED AND TITLED IN THIS
STATE; TO AMEND SECTION 50-21-130, AS
AMENDED, RELATING TO THE DUTIES OF VESSEL OPERATORS INVOLVED IN A
COLLISION, ACCIDENT, OR OTHER CASUALTY, SO AS TO PROVIDE FOR THE
OFFENSE OF FAILURE TO STOP WHEN INJURY, GREAT BODILY INJURY, OR DEATH
RESULTS FROM A COLLISION, ACCIDENT, OR OTHER CASUALTY, AND TO
PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND SECTION 50-21-150, AS AMENDED, RELATING TO
PENALTIES FOR VIOLATIONS OF CHAPTER 21, TITLE 50, SO AS TO PROVIDE FOR
PENALTIES FOR VIOLATIONS OF THE CHAPTER WHERE PENALTIES ARE NOT
SPECIFIED; TO AMEND SECTION 50-21-320, AS AMENDED, RELATING TO
VESSELS THAT NEED NOT BE NUMBERED, SO AS TO PROVIDE WHEN CERTAIN
VESSELS COVERED BY A CERTIFICATE OR NUMBER IN EFFECT THAT IS ISSUED
PURSUANT TO FEDERAL LAW OR A FEDERAL NUMBERING SYSTEM NEED NOT BE
NUMBERED IN THIS STATE; TO AMEND SECTION 50-21-710, AS AMENDED, RELATING TO AIDS
TO NAVIGATION, NEGLIGENT OPERATION, AND PROHIBITED ACTS, SO AS TO
PROVIDE THAT OPERATION OF ANY VESSEL WITHIN A PROHIBITED AREA IS
NEGLIGENT OPERATION; TO AMEND SECTION 50-21-870, AS AMENDED, RELATING TO
PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS TO DELETE CERTAIN
PROVISIONS; TO AMEND SECTION 50-23-70,
AS AMENDED, RELATING TO APPLICATION FOR CERTIFICATES OF TITLE, SO AS
TO INCREASE THE APPLICATION FEES AND PROVIDE FOR AN EXEMPTION FOR
WATERCRAFT PROPELLED BY HAND WITH OAR, PADDLE, OR SIMILAR DEVICE; TO
AMEND SECTION 50-23-220, RELATING TO
DEPOSIT AND USE OF FUNDS, SO AS TO PROVIDE THAT UP TO ONE-HALF OF THE
FEES COLLECTED UNDER THIS CHAPTER MAY BE USED FOR ENFORCEMENT OF
BOATING LAWS; TO AMEND TITLE 50 OF THE 1976 CODE BY NAMING CHAPTER 23,
TITLE 50, "WATERCRAFT AND OUTBOARD MOTORS", TO DESIGNATE
SECTIONS 50-23-10 THROUGH 50-23-290 AS ARTICLE 1, CHAPTER 23, TITLE
50 NAMED "TITLING", TO REDESIGNATE ARTICLE 3, CHAPTER 21, TITLE
50 AS ARTICLE 3, CHAPTER 23, TITLE 50 NAMED "NUMBERING", AND TO
DIRECT THE CODE COMMISSIONER TO RENUMBER THE CODE SECTIONS OF THE
EXISTING ARTICLE 3, CHAPTER 21, TITLE 50 AS ARTICLE 3, CHAPTER 23, TITLE 50;
TO REPEAL SECTIONS 50-21-390, 50-21-410 AND 50-23-10; TO AMEND CHAPTER 21, TITLE 50,
RELATING TO THE OPERATION OF WATERCRAFT, BY ADDING SECTION 50-21-133 SO AS TO ESTABLISH A NO WAKE
ZONE FROM NAUTICAL DAY MARKER NUMBER 125 AT COVE INLET TO THE
WESTERNMOST TIP OF SULLIVAN'S ISLAND, BY ADDING SECTION 50-21-138 SO AS TO ESTABLISH A NO WAKE
ZONE ON A CERTAIN PART OF LUCY POINT CREEK IN BEAUFORT COUNTY; BY
AMENDING SECTION 50-21-136, RELATING
TO NO WAKE ZONES ON CERTAIN CREEKS AND COVES ON HILTON HEAD ISLAND
SO AS TO FURTHER PROVIDE FOR NO WAKE ZONES ON CERTAIN CREEKS AND
COVES ON HILTON HEAD ISLAND; AND TO PROVIDE THAT THE DEPARTMENT OF
NATURAL RESOURCES MUST PROMULGATE REGULATIONS TO DEFINE
"WAKE" FOR PURPOSES OF ENFORCING "NO WAKE ZONE"
LAWS IN THIS STATE.
Be it enacted by the General Assembly of the State of South Carolina:
Sullivan's Island no wake zone
SECTION 1. The 1976 Code is amended by adding:
"Section 50-21-133. (A) There is
established a no wake zone to begin at Nautical Day Marker Number 125 at Cove Inlet running
to a line perpendicular to the westernmost tip of Sullivan's Island where the Intracoastal
Waterway joins the Charleston Harbor. These boundaries must be clearly marked by signs. The
signs must be designed and installed as specified by the department.
(B) A person violating the provisions of this section is guilty of a misdemeanor and, upon
conviction, must be punished by a fine of two hundred fifty dollars or imprisonment for a period
not exceeding ten days, or both. For a second or subsequent offense, the punishment is a fine of
five hundred dollars or imprisonment for a period not exceeding thirty days, or both."
South Carolina Boating and Safety Act of 1999
SECTION 2. A. This act may be cited as the "South Carolina Boating and Safety Act of
1999".
B. Section 50-21-10 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-21-10. As used in this title
unless the context clearly requires a different meaning:
(1) 'Associated equipment' does not include radio equipment and means:
(a) a system, part, or component of a boat as originally manufactured or a similar part or
component manufactured or sold for replacement, repair, or improvement of the system, part, or
component;
(b) an accessory or equipment for, or appurtenance to, a boat;
(c) a marine safety article, accessory, or equipment intended for use by a person on board a boat.
(2) 'Boat' means a vessel:
(a) manufactured or used for recreational or commercial use;
(b) leased, rented, or chartered for recreational or commercial use; or
(c) used to carry any passengers either for recreational or commercial purposes.
(3) 'Boat livery' means a business, which holds a vessel for rent, lease, or charter.
(4) 'Certificate of number' means the registration.
(5) 'Certificate of origin' means a document establishing the initial chain of ownership, such as
manufacturer's certificate of origin or statement of origin, importer's certificate of origin, and
builder's certification.
(6) 'Dealer's permit' means a certificate issued by the department to a marine business to extend
the privilege of using marine dealer registration numbers on boats or motors for demonstration or
testing purposes and assignment on appropriate documents. Abuse of these privileges results in
termination of the dealer's permit. A 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.
(7) 'Department' means the South Carolina Department of Natural Resources.
(8) 'Hull identification number' means the letter and number combination required by the United
States Coast Guard or its successor agency on all watercraft manufactured after November 1,
1972.
(9) 'Marina' means a facility which provides mooring or dry storage for watercraft on a leased or
rental basis.
(10) 'Marine dealer' means a person who engages primarily or secondarily in the business of
buying, selling, exchanging, or servicing 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. A
marine dealer must have a proper business license for each facility not under the same roof and
shall sell a minimum of ten watercraft or outboard motors each calendar year to renew his permit.
Exclusions must be for sale at organized marine dealer association boat shows. Each dealer shall
apply to the department annually for a dealer's permit with a fee of ten dollars for each facility on
forms prescribed by the department. A permit is valid for the calendar year and must be
displayed in a prominent place for public view. Renewal applications must be received by
December fifteenth each year. Permitted marine dealers are eligible for demonstration numbers.
A marine dealer licensed under this section shall consent to public or random inspections of his
or its business as provided in Section 50-23-185.
A dealer refusing the inspections forfeits his license immediately and permanently.
(11) 'Marine manufacturer' means a person engaged in the manufacturing of watercraft or
outboard motors for sale or trade.
(12) 'Motor boat' means a vessel equipped with propulsion machinery of any type whether or not
the machinery is the principal source of propulsion.
(13) 'No Wake - Idle Speed' means a boating restricted area established to protect the safety of
the public and property. No Wake - Idle Speed means that a vessel cannot proceed at a speed
greater than that speed which is necessary to maintain steerageway.
(14) 'Operate' means to navigate, steer, or drive. It also includes the manipulation of moving
water skis, a moving aquaplane, a moving surfboard, or similar moving device.
(15) 'Operator' means the person who operates or has charge or command of the navigation or
use of a vessel or watercraft.
(16) 'Outboard motor' means a completely self-contained propulsion system, excluding the fuel
supply which is used to propel a watercraft and which is detachable from the watercraft as a unit.
No outboard motor of less than five horsepower or its equivalent is required to be titled under
this chapter.
(17) 'Owner' means a person, other than a lienholder, who claims lawful possession of a vessel
by virtue of legal title or equitable interest in it which entitled him to possession.
(18) 'Passenger' means every person carried on board a vessel other than:
(a) the owner or his representative;
(b) the operator;
(c) bona fide member of the crew engaged in the business of the vessel who has contributed no
consideration for their carriage and who is paid for his services; or
(d) a guest on board a vessel, which is being used exclusively for pleasure purposes, who has not
contributed consideration, directly or indirectly, for his carriage.
(19) 'Person' means an individual, a partnership, a firm, a corporation, an association, or other
legal entity.
(20) 'Reportable boating accident' means an accident, collision, or other casualty involving a
vessel subject to this chapter which results in loss of life, injury which results in loss of
consciousness, necessity for medical treatment, necessity to carry a person from the scene,
disability which prevents the discharge of normal duties beyond the day of casualty, or actual
physical damage to property including vessels in excess of five hundred dollars.
(21) 'Serial number' means the identifying manufacturer's number affixed to a watercraft before
November 2, 1972, and to outboard motors before, on, and after that date. The serial number of
watercraft manufactured after November 1, 1972, is part of the hull identification number.
(22) 'Temporary certificate of number' is a temporary registration assigned to a vessel to allow
operation for a limited purpose.
(23) 'Undocumented vessel' means a vessel which does not have and is not required to have a
valid marine document issued by the United States Coast Guard or federal agency successor to it.
(24) 'Use' means operate, navigate, or employ.
(25) 'Vessel' means every description of watercraft, other than a seaplane on the water, used or
capable of being used as a means of transportation on water.
(26) 'Water device' means a motorboat, boat, personal watercraft or vessel, water skis, an
aquaplane, surfboard, or other similar device.
(27) 'Waters of the State' means waters within the territorial limits of the State but not private
lakes or ponds.
(28) 'Watercraft' means any motorboat, boat, personal watercraft or vessel. It does not include
water skis, aquaplanes, surfboards, rowboats, canoes, kayaks, or other similar hand-propelled
devices."
C. Section 50-21-110 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-21-110. (A) No person may
operate any water device in a negligent manner.
(B) Negligent operation includes, but is not limited to, operating a water device at more than idle
speed in a no wake zone, failing to maintain a proper lookout for other boats or persons,
operating too fast for conditions on the water, racing, or pulling a skier through a designated
swimming area.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not less than fifty nor more than two hundred dollars or imprisoned not
more than thirty days for each violation.
(D) In addition to other penalties, the department shall require any person who is convicted
under this section three times within a five-year period to attend and complete a boating safety
education program approved by the department. The person required to attend the class shall
reimburse the department for the expense of the class. A person's privilege to operate a water
device within this State must be suspended until successful completion of the required
class."
D. The 1976 Code is amended by adding:
"Section 50-21-111. (A) A person who
operates any water device in such a manner as to indicate either a wilful or wanton disregard for
the safety of persons or property is guilty of reckless operation.
(B) Reckless operation includes, but is not limited to, weaving through congested vessel traffic
at more than idle speed; or jumping the wake of another vessel within two hundred feet of that
vessel; or crossing the path or wake of another vessel when the visibility around the other vessel
is obstructed; or maintaining a collision course with another vessel or object and swerving away
in close proximity to the other vessel or object.
(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon
conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or
imprisoned for not more than thirty days.
(D) A person convicted of reckless operation, in addition to any other penalties, shall be required
by the department to attend and complete a boating safety education program approved by the
department. The person required to attend the program shall reimburse the department for the
expense of the program. A person's privilege to operate a water device within this State shall be
suspended until successful completion of the required program.
A person's privilege to operate a water device within this State shall be suspended by the
department for a period of ninety days upon conviction of a second offense of reckless operation
of a water device within a five-year period. Following the ninety-day suspension, the person's
privilege shall remain suspended until successful completion of a boating safety education
program approved by the department. The person required to attend the program shall reimburse
the department for the expense of the program."
E. Section 50-21-112 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-21-112. (A) It is unlawful for
a person to operate a moving motorized water device or water device undersail upon the waters
of this State while under the:
(1) influence of alcohol to the extent that the person's faculties to operate are materially and
appreciably impaired;
(2) influence of any other drug or a combination of other drugs or substances which cause
impairment to the extent that the person's faculties to operate are materially and appreciably
impaired; or
(3) combined influence of alcohol and any other drug or drugs, or substances which cause
impairment to the extent that the person's faculties to operate are materially and appreciably
impaired.
For purposes of this section 'drug' means illicit or licit drug, a combination of licit or illicit drugs,
a combination of alcohol and an illicit drug, or a combination of alcohol and a licit drug.
(B) A person violating this section is guilty of a misdemeanor and, upon conviction, must be
punished:
(1) for a first offense, by a fine of two hundred dollars or imprisonment for not less than
forty-eight hours nor more than thirty days. However, in lieu of the forty-eight hour minimum
imprisonment, the court may provide for forty-eight hours of public service employment. The
minimum forty-eight hour imprisonment or public service employment must be served at a time
when it does not interfere with the offender's regular employment under terms and conditions, as
the court considers proper. However, the court may not compel an offender to perform public
service employment instead of the minimum sentence;
(2) for a second offense, by a fine of not less than two thousand dollars nor more than five
thousand dollars and imprisonment for not less than forty-eight hours nor more than one year.
However, the fine imposed by this item may not be suspended in an amount less than one
thousand dollars. Instead of service of imprisonment, the court may require that the individual
complete an appropriate term of public service employment of not less than ten days upon terms
and conditions the court considers proper. Upon imposition of a sentence of public service, the
defendant may apply to the court to be allowed to perform his public service in his county of
residence if he has been sentenced to public service in a county where he does not reside;
(3) for a third offense, by a fine of not less than three thousand five hundred dollars nor more
than six thousand dollars and imprisonment for not less than sixty days nor more than three
years.
(C) Any person convicted of operating a water device in violation of subsection (A), in addition
to any other penalties, must be prohibited by the department from operating any water device
within this State for six months for the first conviction, one year for the second conviction, and
two years for the third conviction. Only those violations, which occurred within ten years
including and immediately preceding the date of the last violation, shall constitute prior
violations within the meaning of this section.
A person whose privilege is suspended under the provisions of this section must be notified by
the department of the suspension and of the requirement to enroll in and successfully complete an
Alcohol and Drug Safety Action Program certified by the Department of Alcohol and Other Drug
Abuse Services prior to reinstatement of the privilege. An assessment of the extent and nature of
the alcohol and drug abuse problem, if any, of the applicant must be prepared and a plan of
education or treatment, or both, must be developed based upon the assessment. Entry into and
successful completion of the services, if such services are necessary, recommended in the plan of
education or treatment, or both, developed for the applicant is a mandatory requirement of the
restoration of privileges to the applicant. The Alcohol and Drug Safety Action Program shall
determine if the applicant has successfully completed the services. The Department of Alcohol
and Other Drug Abuse Services shall determine the cost of services provided by each certified
Alcohol and Drug Safety Action Program. Each applicant shall bear the cost of services
recommended in the applicant's plan of education or treatment. The cost of services must be
within the limits set forth in Section 56-5-2990(C). No applicant may be denied services
due to an inability to pay. Inability to pay for services may not be used as a factor in determining
if the applicant has successfully completed services. If the applicant has not successfully
completed the services as directed by the Alcohol and Drug Safety Action Program within one
year of enrollment, a hearing must be provided by the Alcohol and Drug Safety Action Program
and if further needed by the Department of Alcohol and Other Drug Abuse Services.
The department and the Department of Alcohol and Other Drug Abuse Services shall develop
procedures necessary for the communication of information pertaining to reinstating the
privilege, or otherwise. The procedures must be consistent with the confidentiality laws of this
State and the United States.
A person convicted under this section, in addition to any other penalties, shall be required by the
department to attend and complete a boating safety education program approved by the
department. The person required to attend the program shall reimburse the department for the
expense of the program. The person's privilege to operate a water device within this State shall
be suspended until successful completion of the required program.
(D) The suspension penalties assessed under this section are in addition to and not in lieu of any
other civil remedies or criminal penalties which may be assessed. No part of the minimum
sentences provided in this section may be suspended.
(E) For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo
contendere or forfeiture of bail, for the violation of any law or ordinance of this or any other state
or any municipality of this or any other state that prohibits any person from operating a vessel or
water device while under the influence of alcohol or drugs or a combination of both constitutes a
prior offense for the purpose of any prosecution for any subsequent violation of this section.
Only those offenses which occurred within a period of ten years including and immediately
preceding the date of the last offense constitutes prior offenses within the meaning of this
section."
F. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-113. (A) A person who,
while under the influence of alcohol, drugs, or the combination of alcohol and drugs operates a
moving water device, or is in actual control of a moving water device within this State and
causes great bodily injury or death of a person other than himself, is guilty of a felony and, upon
conviction, must be punished by a mandatory fine of not less than:
(1) five thousand dollars nor more than ten thousand dollars and mandatory imprisonment for
not less than thirty days nor more than fifteen years when great bodily injury results;
(2) ten thousand dollars nor more than twenty-five thousand dollars and mandatory
imprisonment for not less than one year nor more than twenty-five years when death results.
No part of the mandatory sentences required to be imposed by this section may be suspended,
and probation may not be granted for any portion.
(B) As used in subsection (A) 'great bodily injury' means bodily injury which creates a
substantial risk of death or which causes serious, permanent disfigurement or protracted loss or
impairment of the function of any bodily member or organ.
(C) A person who, while under the influence of alcohol, drugs, or the combination of alcohol
and drugs operates or is in actual control of a moving water device within this State and causes
damage to property other than his own, or injury other than great bodily injury to a person other
than himself, is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not
less than five hundred dollars or imprisonment for not more than thirty days, or both.
(D) The department shall suspend the privilege of a person who is convicted or who pleads
guilty or nolo contendere under this section to operate a water device or be in actual control of a
moving water device within this State for a period to include any term of imprisonment plus:
(1) three years in the case of death or great bodily injury; or
(2) one year in the case of property damage or injury other than great bodily injury.
(E) The suspensions under this section are in addition to and not in lieu of any other civil
remedies or criminal penalties."
G. Section 50-21-114 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-21-114. (A)(1) A person who
operates a water device is considered to have given consent to chemical tests or analysis of his
breath, blood, or urine to determine the presence of alcohol, drugs, or a combination of both, if
arrested for an offense arising out of acts alleged to have been committed while the person was
operating or directing the operation of a water device while under the influence of alcohol, drugs,
or a combination of both. A test given must be administered at the direction of the arresting law
enforcement officer. At the direction of the arresting officer, the person first must be offered a
breath test to determine the alcohol concentration of his blood. If the person is physically unable
to provide an acceptable breath sample because he has an injured mouth, is unconscious for any
other reason considered acceptable by licensed medical personnel, a blood sample may be taken.
If the officer has reasonable grounds to believe the person is under the influence of drugs other
than alcohol, the officer may order that a urine sample be taken for testing. If the breath analysis
reading is ten one-hundredths of one percent or above by weight of alcohol in the person's blood,
the officer may not require additional tests of the person as provided in this chapter.
(2) The breath test must be administered by a person trained and certified by the South Carolina
Law Enforcement Division, SLED, using methods approved by SLED. The arresting officer may
administer the tests so long as it is done in conformity with the standards set out by SLED.
Blood and urine samples must be taken by physicians licensed by the State Board of Medical
Examiners, registered nurses licensed by the State Board of Nursing, or other medical personnel
trained to take the samples in a licensed medical facility. Blood samples or urine samples must
be obtained and handled in accordance with procedures approved by SLED. No tests may be
administered or samples taken unless the person has been informed that he does not have to take
the test or give the samples, but that his privilege to operate a water device must be suspended or
denied for one hundred eighty days if he refuses to submit to the tests.
(3) A hospital, physician, qualified technician, chemist, or registered nurse who takes samples or
conducts the test or participates in the process of taking the samples or conducting the test in
accordance with this section is not subject to a cause of action for assault, battery, or any other
cause contending that the drawing of blood or taking of samples at the request of the arrested
person or a law enforcement officer was wrongful. This release from liability does not reduce the
standard of medical care required of the person taking the samples or conducting the test. This
qualified release also applies to the employer of the person who conducts the test or takes the
samples. No person may be required by the arresting officer, or by any other law enforcement
officer, to obtain or take any sample of blood or urine.
(4) The person tested or giving samples for testing may have a qualified person of his own
choosing conduct additional tests at his expense and must be notified of that right. A person's
failure to request additional blood or urine tests is not admissible against the person in a criminal
trial. The failure or inability of the person tested to obtain additional tests does not preclude the
admission of evidence relating to the tests or samples taken at the direction of the law
enforcement officer.
(5) The arresting officer shall provide reasonable assistance to the person to contact a qualified
person to conduct additional tests.
(6) SLED shall administer the provisions of this subsection and may promulgate regulations
necessary to carry out its provisions. The cost of the tests administered at the direction of the law
enforcement officer must be paid from the general fund of the State. A fee of fifty dollars is
assessed, at the time of the sentencing, persons convicted of, pleading guilty or nolo contendere
to, or forfeiting bond for violating Section 50-21-112 or Section 50-12-113. This fee must be forwarded by the
county treasurer to the State Treasurer and credited to the general fund of the State to defray any
costs incurred by SLED and individuals and institutions obtaining the samples forwarded to
SLED.
(B) In any criminal prosecution where a test or tests were administered pursuant to this chapter,
the amount of alcohol in the person's blood at the time of the alleged violation, as shown by
chemical analysis of the person's breath or other body fluids, gives rise to the following
inferences:
(1) If there was at that time five one-hundredths of one percent or less by weight of alcohol in
the person's blood, it is presumed conclusively that the person was not under the influence of
alcohol.
(2) If there was at that time in excess of five one-hundredths of one percent but less than ten
one-hundredths of one percent by weight of alcohol in the person's blood, that fact does not give
rise to any inference that the person was or was not under the influence of alcohol, but that fact
may be considered with other competent evidence in determining the guilt or innocence of the
person.
(3) If there was at that time ten one-hundredths of one percent or more by weight of alcohol in
the person's blood, it may be inferred that the person was under the influence of alcohol.
(C) The provisions of this section may not be construed as limiting the introduction of other
competent evidence bearing upon the question of whether or not the person was under the
influence of alcohol, drugs, or a combination of them. Refusal, resistance, obstruction, or
opposition to testing pursuant to this section is admissible as evidence at the trial of a person
charged with the offense that precipitated the request for testing.
(D) A person who is unconscious or otherwise in a condition rendering him incapable of refusal
is considered to be informed and not to have withdrawn the consent provided by subsection (A).
(E) If a person under arrest refuses, upon the request of a law enforcement officer, to submit to
chemical tests provided in subsection (A), none may be given, but the department, on the basis of
a report from the law enforcement officer that the arrested person was operating a water device
within this State while under the influence of alcohol, drugs, or a combination of them, and that
the person had refused to submit to the tests, must suspend his privilege to perform the
above-mentioned activities for one hundred eighty days. The one hundred eighty-day period of
suspension begins with the day after the date of the notice required to be given, unless a hearing
is requested as provided, in which case the one hundred eighty-day period begins with the day
after the date of the order sustaining the suspension. The report of the arresting officer must
include what grounds he had for believing the arrested person was conducting the
above-mentioned activity while under the influence of alcohol, drugs, or a combination of them.
(F) Upon suspending the operating privilege of a person, the department immediately shall
notify the person in writing and upon his request give him an opportunity for a hearing as
provided in Article 3, Chapter 23, Title 1 of the 1976 Code. The review must be scheduled by
the Administrative Law Judge Division in accordance with the division's procedural rules. The
scope of the hearing is limited to the issues set out by the Administrative Procedures Act and the
division's procedural rules. Upon order of the administrative law judge, the department either
shall rescind its order of suspension or continue the suspension of the privilege.
(G) If a boating accident or marine casualty involves a fatality, the coroner having jurisdiction
shall direct that a chemical blood test be performed on the deceased, within forty-eight hours of
receiving notification of the death, to determine blood alcohol concentration or the presence of
drugs, and that the results of the test be recorded properly in the coroner's report.
(H) The suspensions under this section are in addition to and not in lieu of any other civil
remedies or civil penalties which may be assessed."
H. Section 50-21-115 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-21-115. When the death of a
person ensues within one year as a proximate result of injury received by the operation of a boat
in reckless disregard of the safety of others, the person operating the boat shall be guilty of
reckless homicide. A person convicted of reckless homicide or a person who enters a plea of
guilty of reckless homicide and receives sentence thereon shall be fined not less than one
thousand dollars nor more than five thousand dollars or imprisoned for not more than ten years,
or both. A person convicted of reckless homicide, involuntary manslaughter, manslaughter, or
murder in the operation of a boat shall be prohibited by the court having jurisdiction of such
violations from operating any boat within this State for a period of not more than five
years."
I. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-116. Notwithstanding any
other provision of law, a person must submit to either one or a combination of chemical tests of
his breath, blood, or urine for the purpose of determining the presence of alcohol, drugs, or a
combination of alcohol and drugs, if there is probable cause to believe that the person violated or
is under arrest for a violation of Section 50-21-113.
The tests must be administered at the direction of a law enforcement officer who has probable
cause to believe that the person violated or is under arrest for violation of Section 50-21-113. The administration of one test does not
preclude the administration of other tests. The resistance, obstruction, or opposition to testing
pursuant to this section is evidence admissible at the trial of the offense which precipitated the
requirement for testing. A person who is tested or gives samples for testing may have a qualified
person of his choice conduct additional tests at his expense and must be notified of that right. A
person's request or failure to request additional blood or urine tests is not admissible against the
person in the criminal trial.
The provisions of Section 50-21-114, relating to
the administration of tests to determine a person's alcohol concentration, additional tests at the
person's expense, the availability of other evidence on the question of whether or not the person
was under the influence of alcohol, drugs, or a combination of them, availability of test
information to the person or his attorney, and the liability of medical institutions and person
administering the tests are applicable to this section and also extend to the officer requesting the
test, the State or its political subdivisions, or governmental agency, or entity which employs the
officer making the request, and the agency, institution, or employer, either governmental or
private, of persons administering the tests. Notwithstanding any other provision of law
pertaining to confidentiality of hospital records or other medical records, information regarding
tests performed pursuant to this section must be released, upon subpoena, to a court, prosecuting
attorney, defense attorney, or law enforcement officer in connection with an alleged violation of
Section 50-21-113."
J. The 1976 Code is amended by adding:
"Section 50-21-117. (A) A person who
operates any water device while his privileges are suspended is guilty of a misdemeanor and,
upon conviction, must be fined two hundred dollars or imprisoned for thirty days for the first
violation; for a second violation must be fined five hundred dollars and imprisoned for sixty
consecutive days; and for a third or subsequent violation must be imprisoned for not less than
ninety days nor more than six months, no portion of which may be suspended by the trial judge.
(B) If the privileges of the person convicted were suspended pursuant to the provisions of
Section 50-21-112 or 50-21-113, he must be punished as follows and no
part of the minimum sentence may be suspended:
(1) for a first offense, imprisoned for not less than ten nor more than thirty days;
(2) for a second offense, imprisoned for not less than sixty days nor more than six months;
(3) for a third and subsequent offense, not less than six months nor more than three years.
(C) A person who is convicted under the provisions of subsection (A) must have his privileges
suspended for an additional three years by the department.
(D) The suspension penalties assessed under this section are in addition to and not in lieu of any
other civil remedies or criminal penalties which may be assessed."
K. Section 50-21-120 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-21-120. Neither the owner,
his agent, or employees of a boat livery operating in this State shall permit any vessel to depart
from his premises unless it is in sound and safe operating condition, have a valid registration, is
properly numbered and is provided, either by the owner or the renter, with the equipment
required pursuant to Section 50-21-610 and any
regulations made pursuant thereto; and the owner of a boat livery shall be liable for damage or
injury which may result directly from his failure to meet the requirements of this paragraph;
provided, however, that readily identifiable livery boats of less than twenty-six feet in length
leased or rented to another for the latter's noncommercial use for less than seven days may have
the registration certificate retained ashore by the owner or his representative.
The owner of a vessel shall be liable for any injury or damage occasioned by the negligent
operation of such vessel whether the negligence consists of a violation of the provisions of the
statutes of this State or neglecting to observe the ordinary care in the operation as the regulations
of common law require. The owner shall not be liable, however, unless the vessel is being used
with his express or implied consent or is in the possession of a person or organization legally
responsible therefor. It shall be presumed that the vessel is being operated with the knowledge
and consent of the owner if, at the time of the injury or damage, it is under control of a member
of the owner's household. Nothing contained herein shall be construed to relieve any other
person from any liability which he would otherwise have. Provided, the owner of a boat livery
shall not be liable as an owner as provided in this paragraph, and in case of any negligent injury
or damage occasioned by the operation of a vessel rented or hired from a boat livery, the operator
of the vessel shall be liable as owner thereof."
L. Section 50-21-130 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-21-130. (A) It is the duty of
the operator of a vessel involved in a collision, accident, or other casualty, if he can do so without
serious danger to his own vessel, crew, passengers, and guests, to render assistance as may be
practical or necessary to persons affected by the collision, accident, or other casualty including
personal injury or property damage and also to give his name, address, and identification of his
vessel in writing to any person injured and to the owner of any property damaged in the collision,
accident, or other casualty. A person who fails to stop or to comply with the requirements of this
section, is guilty of:
(1) a misdemeanor, when personal injury or property damage results but great bodily injury or
death does not result; and, upon conviction, must be imprisoned not less than thirty days nor
more than one year or fined not less than one hundred dollars nor more than five thousand
dollars, or both;
(2) a felony when great bodily injury results and, upon conviction, must be imprisoned not less
than thirty days nor more than ten years and fined not less than five thousand dollars nor more
than ten thousand dollars; or
(3) a felony when death results and, upon conviction, must be imprisoned not less than one year
nor more than twenty-five years and fined not less than ten thousand dollars nor more than
twenty-five thousand dollars.
(B) Any person who complies with subsection (1) of this section or who gratuitously and in
good faith renders assistance at the scene of a vessel collision, accident, or other casualty shall
not be liable for any civil damages as a result of the rendering of assistance or for any act or
omission in providing or arranging salvage, towage, medical treatment, or other assistance.
(C) In the case of a reportable accident, the operator or owner of any vessel involved shall file a
full description of the accident with the department, including any information the department
may require. If the operator or owner is incapable of making the report, the investigating officer
shall submit the report.
(D) The report shall be without prejudice, shall be for the information of the department, and
shall not be open to public inspection. Provided, however, the report shall be made available to
any person injured or damaged or to any person alleged to have caused injury or damage in the
accident, or to his attorney. The fact that such report has been made shall be admissible in
evidence solely to show compliance with this section but no such report nor any part thereof nor
any statement contained therein shall be admissible as evidence for any purpose in any civil trial.
An insured may not be reimbursed for property lost until he files a report in compliance with this
section.
(E) The department shall administer a State Casualty Reporting System which shall be in
conformity with that established by the United States Coast Guard.
(F) The department must suspend the privileges of a person convicted under this section for:
(1) two years if the operator of a vessel is convicted of not rendering assistance to persons
affected in a collision, accident, or other casualty;
(2) one year if the operator of a vessel is convicted of not reporting a boating accident;
(3) a person's privilege to operate a watercraft shall not be reinstated until the person attends and
completes a boating safety education program approved by the department. The person required
to attend the class shall reimburse the department for the expense of the program.
(G) The suspension penalties assessed under this section are in addition to and not in lieu of any
other civil remedies or criminal penalties which may be assessed."
M. Section 50-21-150 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-21-150. A person who
violates this chapter or regulations promulgated by the department pursuant to it where the
penalty is not specified is guilty of a misdemeanor and, upon conviction, must be fined not less
than twenty-five nor more than two hundred dollars or imprisoned not more than thirty days for
each violation."
N. Section 50-21-320(A)(1) of the 1976 Code,
as last amended by Act 181 of 1993, is further amended to read:
"(1) covered by a certificate of number in effect which has been issued to it pursuant to
federal law or a federally approved numbering system of another state. However, this vessel
must not be used on the waters of this State for more than sixty consecutive days;"
O. Section 50-21-710 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-21-710. (A) As used in this
section:
(1) 'Aids to navigation' means any device designed or intended to assist a navigator to determine
his position or safe course or to warn him of danger or obstructions to navigation.
(2) 'Regulatory markers' means any device which indicates to a vessel operator the existence of
dangerous areas as well as those which are intended to restrict or control, such as speed zones
and areas dedicated to a particular use or to provide general information and directions. This
includes bathing markers, speed zone markers, information markers, danger zone markers, boat
keep out areas, mooring buoys, wharves, docks, obstructions or hazards to navigation and any
activity, object, or construction in the waters of the State.
(B) The department may make rules for the uniform marking of the water areas in this State
through the placement of aids to navigation and regulatory markers. Such rules shall establish a
marking system compatible with the system of aids to navigation prescribed by the United States
Coast Guard. No city, county, or person shall mark or obstruct the waters of this State in any
manner so as to endanger the operation of watercraft or conflict with the marking system
prescribed by the department.
(C) The operation of any vessel within a prohibited area is negligent operation unless the
seriousness of the operation within a prohibited area constitutes reckless operation.
(D) It shall be unlawful for a person to operate a vessel on the waters of this State in a manner
other than that prescribed or permitted by regulatory markers.
(E) No person shall moor or fasten a vessel to or wilfully damage, tamper, remove, obstruct, or
interfere with any aid to navigation or regulatory marker established pursuant to this chapter.
(F) A person who violates a provision or regulation promulgated pursuant to this section is
guilty of a misdemeanor and, upon conviction, must be punished as provided in Section 50-21-150(2)."
P. Section 50-21-870(B) of the 1976 Code, as
added by Act 291 of 1996, is amended to read:
"(B) No person may:
(1)(a) operate, be in possession of, or give permission to operate a personal watercraft or
specialty propcraft while upon the waters of this State unless each person aboard the personal
watercraft or specialty propcraft is wearing a United States Coast Guard approved personal
flotation device, Type I, Type II, Type III, or Type V;
(b) operate, be in possession of, or give permission to operate a Class 'A' motor boat while upon
the waters of this State unless each person under the age of twelve aboard the Class 'A' motor
boat 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;
(2) operate or be in possession of a personal watercraft or specialty propcraft while upon the
waters of this State after sunset or before sunrise;
(3) operate or be in possession of a personal watercraft or specialty propcraft while upon the
waters of this State unless it is equipped with a self-circling device or a lanyard-type engine
cutoff switch;
(4) operate or be in possession of while upon the waters of this State a personal watercraft or
specialty propcraft which has been equipped by the manufacturer with a lanyard-type engine
cutoff switch unless the lanyard and the switch are operational and unless the lanyard is attached
to the operator, the operator's clothing, or a personal flotation device worn by the operator;
(5) operate or be in possession of while upon the waters of this State a personal watercraft or
specialty propcraft which has been equipped by the manufacturer with a self-circling device if the
self-circling device or the engine throttle has been altered in a way that would prohibit the
self-circling device from operating in its intended manner;
(6) operate a personal watercraft, specialty propcraft, or vessel while upon the waters of this
State in excess of idle speed within fifty feet of a moored or an anchored vessel, wharf, dock,
bulkhead, pier, or a person in the water, or within one hundred yards of the Atlantic Ocean coast
line;
(7) chase, harass, molest, worry, or disturb wildlife with a personal watercraft, specialty
propcraft, or vessel except while lawfully angling for, hunting, or trapping wildlife;
(8) tow a water skier or a person on a floating device with a personal watercraft or specialty
propcraft unless the watercraft is equipped with a wide-angled mirror which permits the operator
to observe the person being towed or carrying a person other than the operator who is in position
to observe the person being towed. No person may tow a water skier or a floating device unless
the person being towed is wearing a personal flotation device as provided in item (1). A personal
watercraft or specialty propcraft may be used to tow another vessel when rendering assistance;
(9)(a) operate a personal watercraft, specialty propcraft, or vessel if he is younger than sixteen
years of age, unless accompanied by an adult, eighteen years or older, who is not under the
influence of alcohol, drugs, or a combination of them. However, a person younger than sixteen
years of age may operate a personal watercraft, specialty propcraft, or vessel without being
accompanied by an adult if one or more of the following applies:
(i) the person completes a boating safety program as administered by the Department of Natural
Resources; or
(ii) the person completes a boating safety program approved by the Department of Natural
Resources;
(iii) anyone operating a vessel with less than fifteen horsepower engine will not be required to
take the boating safety program.
(b) It is unlawful for a person who has temporary or permanent responsibility for a child to
knowingly or wilfully violate item (9) of subsection (B).
(c) The Department of Natural Resources shall promulgate regulations relating to boating safety
programs administered by the department or subject to its approval."
Q. Section 50-21-870(B)(6) of the 1976 Code
is amended to read:
"(6) operate a personal watercraft, specialty propcraft, or vessel while upon the waters of
this State in excess of idle speed within 50 feet of a moored or an anchored vessel, wharf, dock,
bulkhead, pier, or a person in the water, or within 100 yards of the Atlantic Ocean coast line.
The prohibitions contained in this item (6) do not apply to an unoccupied, moored vessel or
watercraft;"
R. Section 50-23-70(A) of the 1976 Code, as
amended by Act 181 of 1993, is further amended to read:
"(A) A fee of three dollars is required for each application for a certificate of title, except
for those applications for duplicates for which the fee is one dollar. Any watercraft which is
propelled by hand with oar, paddle, or similar device shall not require a certificate of title unless
the owner requests such a certificate."
S. Section 50-23-220 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 50-23-220. All fees received and
money collected under the provisions of this chapter must be deposited in the State Treasury and
set apart in a special fund. Appropriations from this fund must be used for the expenses of the
department in administering the provisions of this chapter or for any purpose related to the
mission of the department."
T. Chapter 23, Title 50 of the 1976 Code is designated and named "Watercraft and
Outboard Motors". Sections 50-23-10
through and inclusive of 50-23-290 are
designated Article 1, Chapter 23, Title 50, and named "Titling of Watercraft and Outboard
Motors". Article 3, Chapter 21, Title 50 of the 1976 Code is redesignated as Article 3,
Chapter 23, Title 50 and named "Numbering". The Code Commissioner is directed
to renumber the sections of Article 3, Chapter 21, Title 50 in a manner consistent with the intent
of this section.
U. Sections 50-21-390, 50-21-410, and 50-23-10 of the 1976 Code are repealed.
V. This section takes effect upon approval by the Governor. Rights and liabilities, and cases
and appeals arising or pending under the law prior to the effective date of this act, are saved.
No wake zone on Lucy Point Creek
SECTION 3. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-138. There is established a
no wake zone on that portion of Lucy Point Creek in Beaufort County lying between N Lat. 032°
28.50' W Long. 080° 37.10' and N 32° 28.75' Long. 080° 36.90'. These boundaries must be
clearly marked with signs. The signs must be designed and installed by the department."
No wake zones on Hilton Head Island
SECTION 4. Section 50-21-136(A) of the 1976
Code is amended to read:
"(A) There are established no wake zones on the following creeks and coves on Hilton
Head Island in Beaufort County:
Broad Creek, to begin at the end of the existing no wake zone at Palmetto Bay Marina, running
upstream in an easterly direction to the Cross Island Parkway Bridge, including all waters to the
high tide line; to begin 50 feet downstream of the Broad Creek Marina, running in a northwest to
southeast direction to the low tide lines that bound its channel, to 50 feet upstream of Nautical
Day Marker Number 10, running in a southwest to northeast direction to 550 feet east of a dock
located at 63 River Club Drive (Lot 3) to the low tide lines that bound its channel; to begin 50
feet downstream of the Long Cove docks, running in a north to south direction to the low tide
lines that bound its channel, to 50 feet upstream of the Long Cove docks, running in a north to
south direction to the low tide lines that bound its channel; and to begin at Nautical Day Marker
Number 19, running upstream in a northeasterly direction to the headwaters of Broad Creek,
including all waters to the high tide line.
Old House Creek;
Bear Creek (also known as Park Creek);
Lawton Creek;
Jarvis Creek;
Braddock Cove;
Calibogue Creek (also known as Baynard Cove);
Folly Creek;
Fish Haul Creek (also known as Coggin Creek);
Point Comfort Creek;
Jenkins Creek;
Skull Creek between Nautical Day Marker Number 13 and Nautical Day Marker Number 14.
There is also established a no wake zone between one hundred yards north of Nautical Day
Marker Number 40 and Nautical Day Marker Number 41 on the New River in Beaufort County.
The no wake zone boundaries must be marked clearly with signs. The signs must be designed
and installed as specified by the department."
Department to promulgate regulations defining "wake" for "no wake
zones"
SECTION 5. The department must promulgate regulations to define "wake" for
purposes of enforcing "no wake zone" laws in this State. The definition for
"wake" as promulgated by the department may vary from location to location
throughout the State to meet the safety needs of varying conditions in various locations.
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Ratified the 24th day of June, 1999.
Approved the 2nd day of July, 1999.
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