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Indicates Matter Stricken
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Sponsors: Senators Campsen and Gregory
Document Path: l:\council\bills\gjk\20737sd06.doc
Companion/Similar bill(s): 4979
Introduced in the Senate on February 15, 2006
Introduced in the House on March 14, 2006
Currently residing in the House Committee on Agriculture, Natural Resources and Environmental Affairs
Summary: Uniform marking of waters
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 2/15/2006 Senate Introduced and read first time SJ-9 2/15/2006 Senate Referred to Committee on Fish, Game and Forestry SJ-9 3/2/2006 Senate Committee report: Favorable Fish, Game and Forestry SJ-14 3/3/2006 Scrivener's error corrected 3/8/2006 Senate Read second time SJ-34 3/9/2006 Senate Read third time and sent to House SJ-14 3/14/2006 House Introduced and read first time HJ-23 3/14/2006 House Referred to Committee on Agriculture, Natural Resources and Environmental Affairs HJ-23
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VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
March 2, 2006
S. Printed 3/2/06--S. [SEC 3/3/06 12:10 PM]
Read the first time February 15, 2006.
To whom was referred a Bill (S. 1146) to amend Section 50-21-710, as amended, Code of Laws of South Carolina, 1976, relating to the authority of the Department of Natural Resources to place, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
CHAUNCEY K. GREGORY for Committee.
TO AMEND SECTION 50-21-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE DEPARTMENT OF NATURAL RESOURCES TO PLACE AIDS TO NAVIGATION AND REGULATORY MARKERS IN THE WATERS OF THIS STATE UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE MANNER IN WHICH THE DEPARTMENT REGULATES THE UNIFORM MARKING OF THE WATERS OF THIS STATE AND THE OPERATION OF WATER DEVICES AND WATERCRAFT THROUGH THE USE OF REGULATORY MARKERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-21-710 of the 1976 Code, as last amended by Act 124 of 1999, 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 promulgate regulations for the uniform marking of the water areas in this waters of the State and may regulate the operation of all vessels, watercraft, and water devices through the placement of aids to navigation and regulatory markers. Such rules The regulations shall establish a marking system compatible with the system of aids to navigation prescribed by the United States Coast Guard or its successor agency. 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, watercraft, or water device 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, watercraft, or water device on the waters of this State in a manner other than that prescribed or permitted by regulatory markers.
(E) No person
shall may moor or fasten a vessel, watercraft, or water device 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 of this section 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) this chapter."
SECTION 2. This act takes effect upon approval by the Governor.
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