H*3287(Rat #0041, Act #0021 of 2011)  General Bill, By Hardwick and Hodges
 AN ACT TO AMEND SECTION 50-21-190, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE ABANDONMENT OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO
 PROVIDE THAT AN ABANDONED WATERCRAFT AS IDENTIFIED BY THE DEPARTMENT OF
 NATURAL RESOURCES MAY BE REMOVED AT THE RISK AND EXPENSE OF THE OWNER AND
 DISPOSED OF BY ANY GOVERNMENT AGENCY THAT HAS JURISDICTION OVER THE AREA WHERE
 THE ABANDONED WATERCRAFT IS LOCATED, TO PROVIDE THAT THE DEPARTMENT MUST
 CONDUCT AN INVESTIGATION OF A WATERCRAFT SUBJECT TO THIS PROVISION TO
 DETERMINE ITS STATUS AND ATTEMPT TO NOTIFY THE LAST KNOWN OWNER OF THE
 WATERCRAFT THAT IT HAS BEEN ABANDONED, AND TO PROVIDE THAT A WATERCRAFT
 ABANDONED FOR AT LEAST NINETY DAYS MAY BE CLAIMED BY ANY PERSON OR ENTITY AS
 ABANDONED PROPERTY. - ratified title

   01/12/11  House  Introduced and read first time (House Journal-page 19)
   01/12/11  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs
                     (House Journal-page 19)
   02/03/11  House  Member(s) request name added as sponsor: Hodges
   02/09/11  House  Committee report: Favorable with amendment
                     Agriculture, Natural Resources and Environmental
                     Affairs (House Journal-page 6)
   02/10/11  House  Amended (House Journal-page 24)
   02/10/11  House  Read second time (House Journal-page 24)
   02/10/11  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 25)
   02/11/11  House  Read third time and sent to Senate
                     (House Journal-page 1)
   02/15/11  Senate Introduced and read first time (Senate Journal-page 8)
   02/15/11  Senate Referred to Committee on Fish, Game and Forestry
                     (Senate Journal-page 8)
   03/17/11  Senate Committee report: Favorable with amendment Fish,
                     Game and Forestry (Senate Journal-page 10)
   03/24/11  Senate Committee Amendment Adopted (Senate Journal-page 31)
   03/30/11  Senate  Second Reading Failed (Senate Journal-page 38)
   03/30/11  Senate Roll call Ayes-3  Nays-31 (Senate Journal-page 38)
   03/31/11  Senate  Reconsider Vote Whereby Second Reading Failed
                     (Senate Journal-page 22)
   04/14/11  Senate Amended (Senate Journal-page 35)
   04/27/11  Senate Read second time (Senate Journal-page 27)
   04/27/11  Senate Roll call Ayes-33  Nays-3 (Senate Journal-page 27)
   04/28/11  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 15)
   05/04/11  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 39)
   05/04/11  House  Roll call Yeas-95  Nays-0 (House Journal-page 39)
   05/05/11         Ratified R 41
   05/09/11         Signed By Governor
   05/13/11         Effective date 05/09/11
   05/17/11         Act No. 21

(A21, R41, H3287)

AN ACT TO AMEND SECTION 50-21-190, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ABANDONMENT OF WATERCRAFT AND OUTBOARD MOTORS, SO AS TO PROVIDE THAT AN ABANDONED WATERCRAFT AS IDENTIFIED BY THE DEPARTMENT OF NATURAL RESOURCES MAY BE REMOVED AT THE RISK AND EXPENSE OF THE OWNER AND DISPOSED OF BY ANY GOVERNMENT AGENCY THAT HAS JURISDICTION OVER THE AREA WHERE THE ABANDONED WATERCRAFT IS LOCATED, TO PROVIDE THAT THE DEPARTMENT MUST CONDUCT AN INVESTIGATION OF A WATERCRAFT SUBJECT TO THIS PROVISION TO DETERMINE ITS STATUS AND ATTEMPT TO NOTIFY THE LAST KNOWN OWNER OF THE WATERCRAFT THAT IT HAS BEEN ABANDONED, AND TO PROVIDE THAT A WATERCRAFT ABANDONED FOR AT LEAST NINETY DAYS MAY BE CLAIMED BY ANY PERSON OR ENTITY AS ABANDONED PROPERTY.

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

Abandoned watercraft

SECTION    1.    Section 50-21-190 of the 1976 Code, as added by Act 321 of 2008, is amended to read:

"Section 50-21-190.        (A)    It is unlawful to abandon a watercraft or outboard motor on the public lands or waters of this State or on private property without permission of the property owner. This section does not apply to persons who abandon a watercraft in an emergency for the safety of the persons onboard; however, after the emergency is over, the owner and operator of the abandoned watercraft shall make a bona fide attempt to recover the watercraft.

(B)    A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned up to thirty days, or both. In addition, the owner must remove the abandoned watercraft within fourteen days of conviction. The magistrates and municipal courts are vested with jurisdiction for cases arising under this section.

(C)    An abandoned watercraft as identified by the department may be removed at the risk and expense of the owner and disposed of by any governmental agency that has jurisdiction over the area where the abandoned watercraft is located.

(D)    The department must conduct investigations of any watercraft subject to the provisions of this section to determine the status of the watercraft as abandoned. The department must send written notice and make additional reasonable efforts to notify the last known owner, if any, of the status of the watercraft. If efforts to notify fail, then the department must post a notice on the watercraft advising that the watercraft is abandoned. If the owner claims the watercraft within forty-five days of the date the notice is posted, the watercraft is not considered abandoned.

(E)    A watercraft identified by the department as abandoned for at least ninety days may be claimed by any person or entity as abandoned property."

Time effective

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

Ratified the 5th day of May, 2011.

Approved the 9th day of May, 2011.