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H. 4633
STATUS INFORMATION
General Bill
Sponsors: Reps. Ceips, Limehouse, Altman, Battle, Clark, Davenport, Duncan, Emory, Harrison, Keegan, Leach, Lloyd, Mahaffey, Martin, Sinclair, G.R. Smith and Young
Document Path: l:\council\bills\gjk\20867sd04.doc
Introduced in the House on January 28, 2004
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Abandoned watercraft, disposal provisions
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/28/2004 House Introduced and read first time HJ-45
1/28/2004 House Referred to Committee on Agriculture, Natural Resources
and Environmental Affairs HJ-45
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-21-185 SO AS TO AUTHORIZE A COUNTY OR MUNICIPALITY TO TAKE CERTAIN ACTION TO REMOVE ABANDONED OR DERELICT WATERCRAFT FROM WATERS UNDER ITS JURISDICTION, TO ESTABLISH PROCEDURES TO BE FOLLOWED IN CONJUNCTION WITH THE REMOVAL, AND TO PROVIDE THAT THESE ABANDONED OR DERELICT WATERCRAFTS ARE FORFEITED TO THE COUNTY OR MUNICIPALITY UNDER CERTAIN CIRCUMSTANCES FOR DISPOSAL PURPOSES; AND TO ADD SECTION 50-21-190 SO AS TO MAKE IT UNLAWFUL TO ABANDON ANY WATERCRAFT ON THE SALT WATERS OF THIS STATE, TO PROVIDE PENALTIES FOR VIOLATIONS, AND TO PERMIT A COUNTY OR MUNICIPALITY TO REGULATE THE ANCHORING OR MOORING OF VESSELS ON ANY SALT WATER WITHIN ITS JURISDICTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-185. (A) A county or municipality may take action to remove abandoned or derelict watercraft from waters under its jurisdiction and from adjacent intertidal lands in compliance with the provisions of this section.
(B) For purposes of this section:
(1) 'Abandoned watercraft' means a vessel which is aground, at anchor, or moored except lawfully at a dock and which is unattended for a period of thirty days.
(2) 'Derelict watercraft' means one which is unseaworthy and is aground or if floating at anchor or moored is in danger of sinking.
(C) If a county or municipal law enforcement officer discovers watercraft which he has reason to believe is abandoned or derelict, he may place a notice on the watercraft giving the owner thirty days to move the watercraft to a private dock, marina, or Coast Guard-approved mooring ground or remove it from the water and notify the county or municipality of doing so. The county or municipality shall mail a copy of the notice to the last known address of the owner by United States mail, return receipt requested. An owner who does not remove the watercraft in accordance with the notice is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars and not more than five hundred dollars or imprisoned for not more than thirty days. Each period of thirty days or portion thereof the watercraft is not moved after notice constitutes a separate offense.
(D) If the owner cannot be located or if the watercraft is not moved within thirty days, the county or municipality shall place a notice in a local newspaper of general circulation describing the watercraft and allowing anyone claiming an interest in the watercraft fifteen days to come forward and claim the watercraft and move it to a marina, private dock, or Coast Guard-approved anchorage or remove it from the water.
(E) If the owner cannot be located and no party comes forward to claim an interest in the watercraft or in the event that the owner of the watercraft or one claiming an interest, refuses to or is unable to comply with the provisions of this section, the watercraft is declared forfeited in the county or municipality which may dispose of it in any environmentally sound manner.
(F) The county or municipality acting under this section may recover costs for removal by initiating an action in a court of competent jurisdiction against the owner or the person who abandoned the vessel.
(G) Nothing in section shall alter the rights of salvagers under federal or state salvage laws."
SECTION 2. Chapter 21, Title 50 of the 1976 Code is amended by adding:
"Section 50-21-190. (A) It is unlawful to abandon any watercraft on the salt waters of this State or on adjacent tidal lands. However, it is not unlawful to abandon ship in time of emergency for the protection of life or safety, except that the captain and crew of any such vessel shall make all reasonable efforts to recover the vessel once the emergency is passed.
(B) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred fifty dollars nor more than five hundred dollars or imprisoned for not more than thirty days.
(C) Nothing in section shall alter the rights of salvagers under federal or state salvage laws."
SECTION 3. This act takes effect upon approval by the Governor.
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