H*3320 Session 111 (1995-1996)
H*3320(Rat #0327, Act #0291 of 1996) General Bill, By Cooper, Cato,
C.D. Chamblee, P.B. Harris, Meacham, Stille, P.H. Thomas, Townsend, Tripp,
Trotter and Witherspoon
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
50-21-870, so as to enact the South Carolina Personal Watercraft and Boating
Safety Act of 1996 and to provide penalties for violations.-amended title
01/19/95 House Introduced and read first time HJ-5
01/19/95 House Referred to Committee on Judiciary HJ-5
01/26/95 House Recalled from Committee on Judiciary HJ-17
01/26/95 House Committed to Committee on Agriculture, Natural
Resources and Environmental Affairs HJ-17
03/22/95 House Committee report: Favorable Agriculture, Natural
Resources and Environmental Affairs HJ-2
03/28/95 House Objection by Rep. Simrill, Whatley, Hallman,
Harrell, Fulmer, A. Young, Knotts & Limehouse HJ-22
03/30/95 House Objection withdrawn by Rep. Harrell & A. Young HJ-27
04/05/95 House Read second time HJ-41
04/05/95 House Roll call Yeas-74 Nays-24 HJ-41
04/12/95 House Read third time and sent to Senate HJ-74
04/18/95 Senate Introduced and read first time SJ-23
04/18/95 Senate Referred to Committee on Fish, Game and Forestry SJ-23
03/13/96 Senate Committee report: Favorable with amendment Fish,
Game and Forestry SJ-7
03/28/96 Senate Special order SJ-20
04/10/96 Senate Read second time SJ-94
04/10/96 Senate Ordered to third reading with notice of
amendments SJ-94
04/17/96 Senate Amended SJ-21
04/17/96 Senate Read third time and returned to House with
amendments SJ-21
04/23/96 House Debate adjourned on Senate amendments until
Wednesday, April 24, 1996 HJ-80
04/24/96 House Senate amendment amended HJ-346
04/24/96 House Returned to Senate with amendments HJ-348
04/24/96 Senate Concurred in House amendment and enrolled SJ-52
04/30/96 Ratified R 327
05/06/96 Signed By Governor
05/06/96 Effective date 05/06/97 (this Act takes effect
one year after approval by the Governor)
05/29/96 Copies available
05/29/96 Act No. 291
(A291, R327, H3320)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 50-21-870, SO AS TO
ENACT THE SOUTH CAROLINA PERSONAL WATERCRAFT AND
BOATING SAFETY ACT OF 1996 AND TO PROVIDE PENALTIES
FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
Watercraft and Boating Safety Act of 1996 enacted
SECTION 1. Chapter 21, Title 50 of the 1976 Code is amended by
adding:
"Section 50-21-870. (A) As used in this section:
(1)(a) `Personal watercraft' means a boat less than sixteen feet in
length which:
(i) has an outboard motor or an inboard motor which uses an
internal combustion engine powering a water jet pump as its primary
source of motive propulsion;
(ii) is designed with the concept that the operator and passenger
ride on the outside surfaces of the vessel as opposed to riding inside the
vessel;
(iii) has the probability that the operator and passenger, in the
normal course of use, may fall overboard.
(b) Personal watercraft includes, without limitation, a vessel where
the operator and passenger ride on the outside surfaces of the vessel,
even if the primary source of motive propulsion is a propeller, and a
vessel commonly known as a `jet ski'.
(2) `Specialty propcraft' means a vessel which is similar in
appearance and operation to a personal watercraft but is powered by an
outboard or propeller-driven motor.
(3) `Class "A" boat' means a motorboat which is less
than sixteen feet in length.
(4) `Floating device' includes kneeboards, aqua planes, surfboards,
saucers, inner tubes, and other similar equipment.
(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 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;
(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) operate while upon the waters of this State a personal
watercraft, specialty propcraft, or vessel in a manner which unreasonably
or unnecessarily endangers life, limb, or property including, but not
limited to, weaving through congested vessel traffic, jumping the wake of
another vessel unreasonably or unnecessarily close to the other vessel or
when visibility around the other vessel is obstructed, and swerving at the
last possible moment to avoid collision;
(10) operate while upon the waters of this State a personal
watercraft, specialty propcraft, or vessel in a manner so as to leave the
water completely while crossing the wake of another vessel within two
hundred feet of the vessel creating the wake.
(11)(a) operate a personal watercraft, specialty propcraft, or vessel
if he is younger than 16 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 15 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 (11) 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.
(C) It is unlawful for a person who owns a personal watercraft,
specialty propcraft, or vessel, or who has charge over or control of a
personal watercraft, specialty propcraft, or vessel to authorize or
knowingly to permit the personal watercraft, specialty propcraft, or vessel
to be operated in violation of this section.
(D) A person who violates this section is guilty of a misdemeanor
and, upon conviction, must be fined not less than fifty dollars but no
more than three hundred dollars.
(E) This section does not apply to:
(1) the operation of personal watercraft, specialty propcraft, or
vessels by the following personnel while in the performance of their
official duties:
(a) law enforcement;
(b) emergency medical;
(c) civil defense;
(d) military;
(e) state and federally approved wildlife;
(f) those involved in biological research programs;
(2) activity on private waters;
(3) performers engaged in a professional exhibition or a person
preparing to participate or participating in an officially sanctioned regatta,
race, marine parade, tournament, or exhibition in an area and at a time
designated for that purpose."
Time effective
SECTION 2. This act takes effect one year after approval by the
Governor.
Approved the 6th day of May, 1996. |