Current Status Bill Number:882 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980114 Primary Sponsor:Peeler All Sponsors:Peeler, Gregory and Giese Drafted Document Number:gjk\20889sd.98 Companion Bill Number:4770 Residing Body:Senate Subject:Watercraft violations, point system established for; Natural Resources Department
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980421 Committee report: Favorable with 07 SFGF
amendment
Senate 19980114 Introduced, read first time, 07 SFGF
referred to Committee
Senate 19971215 Prefiled, referred to Committee 07 SFGF
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COMMITTEE REPORT
April 21, 1998
S. 882
S. Printed 4/21/98--S.
Read the first time January 14, 1998.
To whom was referred a Bill (S. 882), to amend Chapter 21, Title 50, Code of Laws of South Carolina, 1976, relating to watercraft equipment and operation, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 21 of Title 50 of the 1976 Code is amended by adding:
Section 50-21-900. The following point system is for violations of provisions of watercraft and boating laws:
(1) operating personal watercraft after hours8
(2) negligent operation of a watercraft while under the influence of alcohol or drugs in violation of Sections 50-21-110 or 50-21-112, or reckless homicide by operation of a boat in violation of Section 50-12-115 . .18
(3) negligent or unsafe operation of a watercraft10
(4) violations of navigational or safety equipment6
(5) disregarding 'reduced speed zone' or 'no wake zone'4
(6) failure to report boating accident18
(7) obstructing public ramp or pier. . 8
(8) disregarding navigational safety marker8
(9) failure to stop for blue light or failure to cooperate18
(10) forged, removed, or altered serial or hull
identification numbers . . . . . . .18
(11) boating in a closed area . . . . .10
(12) buying or selling boat or motor without title10
(13) illegal possession of rifle in boat8
(14) exceeding idle speed within fifty feet of anchored vessel,
dock, pier, or person in water . . . 8
(15) towing skier without mirror or observer8
(16) personal watercraft jumping wake within two hundred
feet of a watercraft . . . . . . . . 8
(17) operation of watercraft by an individual under sixteen years of age without completing boating safety course8
(18) violations of boat or watercraft laws not mentioned specifically in this section with the exception of:
(a) improper display of registration or title sticker;
(b) failure to carry registration on board;
(c) operating with expired or no registration or title;
(d) failure to apply for registration or title;
(e) failure to notify department of change of address;6
(19) operation that endangers life, limb, or property as prohibited by Section 50-21-870 . . . . . . .15
(20) reckless operation of a watercraft18.
Section 50-21-920. 'Conviction' as used in this article includes the entry of a plea of guilty, the entry of a plea of nolo contendere, and the forfeiture of bail or collateral deposited to secure a defendant's appearance.
Section 50-21-930. Each time a person is convicted of a watercraft and boating offense for which privilege points are assigned, the department must assess those points against the person convicted. For each calendar year that passes after assessed in which the person assessed receives no points, the department must deduct one-half of the accumulated points if the total number of points is greater than three. If a person has three or fewer points at the end of a calendar year in which no points were received, the department shall reduce his point total to zero; however, a person's record must not be less than zero points.
Section 50-21-940. The department shall suspend the boating and watercraft privileges of a person who has accumulated eighteen or more points for one year. Boating privileges include the operation of watercraft or any other water conveyance. The suspension begins thirty days after the department mails notice of the suspension. No probationary authority is given to the department.
Section 50-21-950. (A) Upon determination that a person has accumulated sufficient points to warrant suspension of privileges, the department shall notify him in writing, return receipt requested, that his privileges are suspended, as mandated by Section 50-21-940.
(B) The person, within thirty days after notice of suspension, may request in writing a review under Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
Section 50-21-960. After the expiration of the period of suspension, the person's record shall be cleared of points and the person starts anew with no points. Successful completion of a Department of Natural Resources sanctioned boating course is required in order to receive boating privileges again.
Section 50-21-970. The department shall administer and enforce this article and may promulgate regulations necessary for its administration with the article. Any law enforcement authority that charges or prosecutes for watercraft or boating violations must report convictions to the Department of Natural Resources no later than the tenth day of the month following the convictions. The department shall print and distribute instructions to all law enforcement agencies departments and courts of jurisdiction explaining the reporting requirements.
Section 50-21-975. Nothing contained in this article affects mandatory suspension, revocation, or cancelation of watercraft and boating privileges when the action is mandatory under other provisions of law.
Section 50-21-980. A person who operates a watercraft while under suspension is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days and must have his boating privileges suspended for an additional three years.
Section 50-21-985. The points and penalties assessed under this article are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed."
SECTION 2. The 1976 Code is amended by adding:
"Section 50-21-111. (A) Any person who operates a watercraft in such a manner as to indicate either a wilful or wanton disregard for the safety of persons or property is guilty of the crime of reckless operation of a watercraft which shall be a misdemeanor.
(B) Any person committing the crime of reckless operation of a watercraft, upon conviction, entry of a plea of guilty or nolo contendere or forfeiture of bail, shall be punished by a fine of not less than fifty dollars nor more than four hundred dollars or imprisoned for not more than thirty days, or both.
(C) Any person convicted of reckless operation of a watercraft, in addition to any other penalties, may be prohibited by the court having jurisdiction of such violation, from operating any watercraft on any waters of this State for a period of not more than two years."
SECTION 3. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
HARVEY S. PEELER, JR., for Committee.
TO AMEND CHAPTER 21, TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO WATERCRAFT EQUIPMENT AND OPERATION, BY ADDING ARTICLE 10 SO AS TO ESTABLISH A POINT SYSTEM FOR WATERCRAFT VIOLATIONS, TO PROVIDE FOR A PROCEDURE FOR SUSPENSION OF WATERCRAFT PRIVILEGES OF A PERSON WHO ACCUMULATES A SPECIFIC NUMBER OF POINTS, TO REQUIRE THE REPORTING OF WATERCRAFT CONVICTIONS TO THE DEPARTMENT OF NATURAL RESOURCES, TO MAKE IT UNLAWFUL FOR A PERSON TO OPERATE A WATERCRAFT WHILE UNDER SUSPENSION, AND TO PROVIDE PENALTIES FOR VIOLATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 21 of Title 50 of the 1976 Code is amended by adding:
Section 50-21-900. The following point system is for violations of provisions of watercraft and boating laws:
(1) operating watercraft after hours8
(2) operation of a watercraft while under the influence
of alcohol or drugs. . .18
(3) negligent or unsafe operation of a watercraft10
(4) violations of navigational or safety equipment6
(5) disregarding 'reduced speed zone' or 'no wake zone'4
(6) improper display of registration or title sticker4
(7) failure to carry registration on board4
(8) operating with expired or no registration or title6
(9) failure to report boating accident18
(10) obstructing public ramp or pier8
(11) failure to apply for registration or title6
(12) failure to notify department of change of address4
(13) disregarding navigational safety marker8
(14) failure to stop for blue light or failure to cooperate18
(15) forged, removed, or altered serial or hull
identification numbers. .18
(16) boating in a closed area . . .10
(17) buying or selling boat or motor without title10
(18) illegal possession of rifle in boat8
(19) exceeding idle speed within fifty feet of anchored vessel,
dock, pier, or person in water8
(20) towing skier without mirror or observer8
(21) personal watercraft jumping wake within two hundred
feet of a watercraft. . . 8
(22) operation of watercraft without completing boating
safety course . . . . . . 8
(23) violations of boat or watercraft laws not
mentioned specifically in this section6
(24) operation that endangers life, limb, or property
as prohibited by Section 50-21-87015
Section 50-21-920. 'Conviction' as used in this article includes the entry of a plea of guilty, the entry of a plea of nolo contendere, and the forfeiture of bail or collateral deposited to secure a defendant's appearance.
Section 50-21-930. Each time a person is convicted of a watercraft and boating offense for which privilege points are assigned, the department must assess those points against the person convicted. For each calendar year that passes after assessed in which the person assessed receives no points, the department must deduct one-half of the accumulated points if the total number of points is greater than three. If a person has three or fewer points at the end of a calendar year in which no points were received, the department shall reduce his point total to zero; however, a person's record must not be less than zero points.
Section 50-21-940. The department shall suspend the boating and watercraft privileges of a person who has accumulated eighteen or more points for one year. Boating privileges include the operation of watercraft or any other water conveyance. The suspension begins thirty days after the department mails notice of the suspension. No probationary authority is given to the department.
Section 50-21-950. (A) Upon determination that a person has accumulated sufficient points to warrant suspension of privileges, the department shall notify him in writing, return receipt requested, that his privileges are suspended, as mandated by Section 50-21-940.
(B) The person, within thirty days after notice of suspension, may request in writing a review under Article 3, Chapter 23 of Title 1, the Administrative Procedures Act.
Section 50-21-960. After the expiration of the period of suspension, the person's record shall be cleared of points and the person starts anew with no points.
Section 50-21-970. The department shall administer and enforce this article and may promulgate regulations necessary for its administration with the article. Any law enforcement authority that charges or prosecutes for watercraft or boating violations must report convictions to the Department of Natural Resources no later than the tenth day of the month following the convictions. The department shall print and distribute instructions to all police departments and courts of jurisdiction explaining the reporting requirements.
Section 50-21-975. Nothing contained in this article affects mandatory suspension, revocation, or cancelation of watercraft and boating privileges when the action is mandatory under other provisions of law.
Section 50-21-980. A person who operates a watercraft while under suspension is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned not more than thirty days and must have his boating privileges suspended for an additional three years.
Section 50-21-985. The points and penalties assessed under this article are in addition to and not in lieu of any other civil remedies or criminal penalties which may be assessed."
SECTION 2. This act takes effect upon approval by the Governor.