528 by liwenting

VIEWS: 5 PAGES: 33

									BIL:     528
TYP:     General Bill GB
INB:     Senate
IND:     19990224
PSP:     Gregory
SPO:     Gregory, Waldrep, Ravenel and Hutto
DDN:     l:\council\bills\gjk\20267djc99.doc
RBY:     House
COM:     Agriculture, Natural Resources and Environmental Affairs Com 20 HANR
LAD:     19990601
SUB:     Boating Reform and Safety Act of 1999, Watercraft, Boats; Natural
         Resources Department, operation provisions


HST:

Body     Date       Action Description                        Com     Leg Involved
______   ________   _______________________________________   _______ ____________
House    20000113   Recommitted to Committee                  20 HANR
House    19990603   Request for debate withdrawn
                    by Representative                                 Fleming
House    19990602   Request for debate withdrawn
                    by Representative                                 Tripp
House    19990601   Debate interrupted
House    19990601   Amended
House    19990527   Objection withdrawn by Representative             Littlejohn
House    19990527   Request for debate by Representative              Tripp
                                                                      Hawkins
                                                                      Witherspoon
                                                                      Sharpe
                                                                      Knotts
                                                                      Stuart
                                                                      Gamble
                                                                      Riser
                                                                      Dantzler
                                                                      Woodrum
                                                                      Hayes
                                                                      Barfield
                                                                      Davenport
                                                                      Phillips
                                                                      Rhoad
                                                                      Gourdine
                                                                      Ott
House    19990527   Objection by Representative                       Littlejohn
House    19990527   Request for debate withdrawn
                    by Representative                                 Kirsh
                                                                      Robinson
                                                                      McGee
House    19990526   Request for debate withdrawn
                         by Representative                                Simrill
House     19990526       Request for debate withdrawn
                         by Representative                                Davenport
House     19990520       Request for debate by Representative             McGee
                                                                          Kirsh
                                                                          Robinson
                                                                          Davenport
House     19990519       Debate interrupted
House     19990519       Request for debate by Representative             F. Smith
House     19990519       Request for debate withdrawn
                         by Representative                                Knotts
                                                                          Cato
                                                                          Tripp
House     19990518       Request for debate by Representative             Simrill
                                                                          Cato
                                                                          Tripp
                                                                          Fleming
                                                                          Knotts
House     19990512       Debate adjourned until
                         Tuesday, 19990518
House     19990511       Committee report: Favorable with       20 HANR
                         amendment
House     19990318       Introduced, read first time,           20 HANR
                         referred to Committee
Senate    19990317       Amended, read third time,
                         sent to House
Senate    19990316       Made Special Order
Senate    19990310       Read second time, ordered to
                         third reading with notice of
                         general amendments, carrying
                         over all amendments to third
                         reading
Senate    19990310       Committee amendment adopted
Senate    19990309       Committee report: Favorable with       07 SFGF
                         amendment
Senate    19990224       Introduced, read first time,           07 SFGF
                         referred to Committee



Printed Versions of This Bill


Ordered   Printed   on    19990309
Ordered   Printed   on    19990310
Ordered   Printed   on    19990317
Ordered   Printed   on    19990318
Ordered   Printed   on    19990511
Ordered   Printed   on    19990601
TXT:
 1   Indicates Matter Stricken
 2   Indicates New Matter
 3
 4
 5   AMENDED--NOT PRINTED IN THE HOUSE
 6   Amt. No. 1 (Doc. No. Council\GJK\Amend\20660DJC99.doc)
 7   Amt. No. 2 (Doc. No. Council\PSD\Amend\7561AC99.doc)
 8   June 1, 1999
 9
10                                                      S. 528
11
12    Introduced by Senators Gregory, Waldrep, Ravenel and Hutto
13
14 S. Printed 5/11/99--H.
15 Read the first time March 18, 1999.
16
17
18




     [528-1]
 1
 2
 3
 4
 5
 6
 7
 8
 9                       A BILL
10
11   TO AMEND TITLE 50, CODE OF LAWS OF SOUTH
12   CAROLINA, 1976, RELATING TO FISH, GAME, AND
13   WATERCRAFT, SO AS TO ENACT THE “SOUTH CAROLINA
14   BOATING REFORM AND SAFETY ACT OF 1999”; TO
15   AMEND SECTION 50-21-10, AS AMENDED, RELATING TO
16   THE EQUIPMENT AND OPERATION OF WATERCRAFT, SO
17   AS TO PROVIDE FOR DEFINITIONS; TO AMEND SECTION
18   50-21-110, AS AMENDED, RELATING TO NEGLIGENT
19   OPERATION OF BOATS OR SIMILAR DEVICES, SO AS TO
20   DEFINE NEGLIGENT OPERATION OF A WATERCRAFT
21   AND PROVIDE PENALTIES FOR VIOLATIONS; BY ADDING
22   SECTION 50-21-111 SO AS TO PROVIDE THAT NO PERSON
23   MAY OPERATE OR DIRECT THE OPERATION OF A
24   VESSEL OR USE WATER SKIS OR SIMILAR WATER
25   DEVICES WHILE UNDER THE INFLUENCE OF ALCOHOL,
26   DRUGS, OR ANY COMBINATION THEREOF, AND TO
27   PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND
28   SECTION 50-21-112, AS AMENDED, RELATING TO USE OF
29   A VESSEL OR WATER DEVICE, SO AS TO PROVIDE FOR
30   THE OFFENSE OF CAUSING INJURY OR DEATH WHILE
31   OPERATING A VESSEL OR USING A WATER DEVICE
32   WHILE UNDER THE INFLUENCE OF ALCOHOL OR
33   DRUGS, AND TO PROVIDE PENALTIES FOR VIOLATIONS;
34   BY ADDING SECTION 50-21-113 SO AS TO PROVIDE FOR
35   THE OFFENSE OF RECKLESS OPERATION OF A VESSEL
36   OR WATER DEVICE, AND TO PROVIDES PENALTIES; TO
37   AMEND SECTION 50-21-114, AS AMENDED, RELATING TO
38   OPERATION OF A VESSEL OR MANIPULATION OF A
39   WATER DEVICE WHILE UNDER THE INFLUENCE OF
40   ALCOHOL OR DRUGS, SO AS TO PROVIDE THAT A
41   PERSON ARRESTED FOR OPERATING A VESSEL OR
42   MANIPULATING A WATER DEVICE IN THE WATERS OF

     [528]                   1
 1   THIS STATE WHILE UNDER THE INFLUENCE OF
 2   ALCOHOL OR DRUGS IS CONSIDERED TO HAVE GIVEN
 3   HIS CONSENT TO ONE OR A COMBINATION OF
 4   CHEMICAL TESTS TO DETERMINE THE PRESENCE OF
 5   ALCOHOL OR DRUGS, AND TO PROVIDE PENALTIES FOR
 6   THE REFUSAL TO TAKE THE CHEMICAL TESTS
 7   REQUIRED BY THE ARRESTING OFFICER; TO AMEND
 8   SECTION 50-21-115, AS AMENDED, RELATING TO
 9   RECKLESS HOMICIDE BY OPERATION OF A BOAT, SO AS
10   TO     INCREASE    THE   PERMISSIBLE  TERM    OF
11   IMPRISONMENT FROM FIVE YEARS TO TEN YEARS; BY
12   ADDING SECTION 50-21-116 SO AS TO PROVIDE THAT A
13   PERSON MUST SUBMIT TO ONE OR A COMBINATION OF
14   TESTS WHEN THERE IS PROBABLE CAUSE TO BELIEVE
15   THAT A PERSON WHO VIOLATED OR IS UNDER ARREST
16   FOR OPERATING A WATERCRAFT WHILE UNDER THE
17   INFLUENCE OF ALCOHOL, DRUGS, OR A COMBINATION
18   OF ALCOHOL AND DRUGS; BY ADDING SECTION
19   50-21-117 SO AS TO PROVIDE FOR THE OFFENSES OF
20   OPERATING A VESSEL UNDER SUSPENSION AND USING
21   A WATER DEVICE UNDER SUSPENSION, AND TO
22   PROVIDE PENALTIES FOR VIOLATIONS; TO AMEND
23   SECTION 50-21-120, AS AMENDED, RELATING TO THE
24   DUTY OF A BOAT LIVERY, SO AS TO PROVIDE THAT THE
25   OWNER OF A BOAT LIVERY, HIS AGENT, AND
26   EMPLOYEES, MUST NOT PERMIT A VESSEL TO DEPART
27   FROM HIS PREMISES UNLESS IT IS IN SOUND AND SAFE
28   OPERATING CONDITION, HAVE A VALID REGISTRATION,
29   BE PROPERLY NUMBERED AND TITLED IN THIS STATE;
30   TO AMEND SECTION 50-21-130, AS AMENDED, RELATING
31   TO THE DUTIES OF VESSEL OPERATORS INVOLVED IN A
32   COLLISION, ACCIDENT, OR OTHER CASUALTY, SO AS TO
33   PROVIDE FOR THE OFFENSE OF FAILURE TO STOP WHEN
34   INJURY, GREAT BODILY INJURY, OR DEATH RESULTS
35   FROM A COLLISION, ACCIDENT, OR OTHER CASUALTY,
36   AND TO PROVIDE PENALTIES FOR VIOLATIONS; TO
37   AMEND SECTION 50-21-150, AS AMENDED, RELATING TO
38   PENALTIES FOR VIOLATIONS OF CHAPTER 21,TITLE 50,
39   SO AS TO PROVIDE FOR PENALTIES FOR VIOLATIONS OF
40   THE CHAPTER WHERE PENALTIES ARE NOT SPECIFIED;
41   TO AMEND SECTION 50-21-320, AS AMENDED, RELATING
42   TO VESSELS THAT NEED NOT BE NUMBERED, SO AS TO
43   PROVIDE WHEN CERTAIN VESSELS COVERED BY A

     [528]                  2
 1   CERTIFICATE OR NUMBER IN EFFECT THAT IS ISSUED
 2   PURSUANT TO FEDERAL LAW OR A FEDERAL
 3   NUMBERING SYSTEM NEED NOT BE NUMBERED IN THIS
 4   STATE; TO AMEND SECTION 50-21-340, AS AMENDED,
 5   RELATING TO APPLICATIONS FOR NUMBER AND
 6   CERTIFICATE FOR MOTORBOATS, SO AS TO INCREASE
 7   THE APPLICATION FEE; TO AMEND SECTION 50-21-370,
 8   AS AMENDED, RELATING TO TEMPORARY CERTIFICATE
 9   OF NUMBER FOR RECENTLY PURCHASED WATERCRAFT,
10   SO AS TO PROVIDE THAT, WHEN USING A RECENTLY
11   PURCHASED WATERCRAFT UNDER AUTHORITY OF A
12   TEMPORARY CERTIFICATE OF NUMBER, THE OPERATOR
13   SHALL CARRY A COPY OF THE BILL OF SALE AND THE
14   TEMPORARY CERTIFICATE OF NUMBER ON BOARD AS
15   PROOF OF OWNERSHIP; TO AMEND SECTION 50-21-710,
16   AS AMENDED, RELATING TO AIDS TO NAVIGATION,
17   NEGLIGENT OPERATION, AND PROHIBITED ACTS, SO AS
18   TO PROVIDE THAT OPERATION OF ANY VESSEL WITHIN
19   A PROHIBITED AREA IS NEGLIGENT OPERATION; TO
20   AMEND SECTION 50-21-870, AS AMENDED, RELATING TO
21   PERSONAL WATERCRAFT AND BOATING SAFETY, SO AS
22   TO DELETE CERTAIN PROVISIONS; TO AMEND SECTION
23   50-23-15, RELATING TO PERMITTED MARINE DEALERS,
24   SO AS TO PROVIDE FOR INSPECTION OF PREMISES,
25   BOOKS, AND RECORDS, AND TO PROVIDE PENALTIES
26   FOR FAILURE TO ALLOW INSPECTIONS; TO AMEND
27   SECTION 50-23-70, AS AMENDED, RELATING TO
28   APPLICATION FOR CERTIFICATES OF TITLE, SO AS TO
29   INCREASE THE APPLICATION FEES AND PROVIDE FOR
30   AN EXEMPTION FOR WATERCRAFT PROPELLED BY
31   HAND WITH OAR, PADDLE, OR SIMILAR DEVICE; TO
32   AMEND SECTION 50-23-80, AS AMENDED, RELATING TO
33   PUBLIC RECORDS PERTAINING TO THE TITLED
34   OWNER‟S      PERSONAL   INFORMATION    AND   THE
35   MANUFACTURER‟S HULL AND IDENTIFICATION OR
36   SERIAL NUMBER FROM PUBLIC DISCLOSURE; TO
37   AMEND SECTION 50-23-190, AS AMENDED, RELATING TO
38   UNLAWFUL ACTS IN CONNECTION WITH WATERCRAFT,
39   SO AS TO PROVIDE THAT IT IS UNLAWFUL TO OPERATE
40   A WATERCRAFT WITHOUT DISPLAYING THE ISSUED
41   DECAL; TO AMEND SECTION 50-23-210, AS AMENDED,
42   RELATING      TO   CERTIFICATES  OF   TITLE   TO
43   WATERCRAFT, SO AS TO PROVIDE THAT THE

     [528]                  3
 1   DEPARTMENT OF NATURAL RESOURCES MAY REVOKE
 2   A CERTIFICATE OF TITLE UPON NOTICE AND THE
 3   OPPORTUNITY FOR A HEARING, AND THAT THE
 4   DEPARTMENT MAY SEIZE REVOKED CERTIFICATES
 5   THAT ARE NOT RETURNED TO THE DEPARTMENT; BY
 6   ADDING SECTION 50-23-215 SO AS TO PROVIDE THAT
 7   THE OWNER OF A VESSEL NUMBERED OR
 8   DOCUMENTED IN THIS STATE MUST FURNISH THE
 9   DEPARTMENT OF NATURAL RESOURCES WRITTEN
10   NOTICE OF THE TRANSFER OF HIS INTEREST IN A
11   VESSEL NUMBERED OR DOCUMENTED IN THIS STATE
12   WITHIN FIFTEEN DAYS OF THE DATE OF THE TRANSFER;
13   TO AMEND SECTION 50-23-220, RELATING TO DEPOSIT
14   AND USE OF FUNDS, SO AS TO PROVIDE THAT UP TO
15   ONE-HALF OF THE FEES COLLECTED UNDER THIS
16   CHAPTER MAY BE USED FOR ENFORCEMENT OF
17   BOATING LAWS; TO AMEND SECTION 50-23-280, AS
18   AMENDED, RELATING TO PENALTIES FOR VIOLATIONS
19   OF CHAPTER 23, TITLE 50, SO AS TO INCREASE THE
20   PENALTIES FOR CERTAIN OFFENSES; TO AMEND TITLE
21   50 OF THE 1976 CODE BY NAMING CHAPTER 23, TITLE 50,
22   “WATERCRAFT AND OUTBOARD MOTORS”, TO
23   DESIGNATE SECTIONS 50-23-10 THROUGH 50-23-290 AS
24   ARTICLE 1, CHAPTER 23, TITLE 50 NAMED “TITLING”, TO
25   REDESIGNATE ARTICLE 3, CHAPTER 21, TITLE 50 AS
26   ARTICLE 3, CHAPTER 23, TITLE 50 NAMED
27   “NUMBERING”,       AND   TO    DIRECT     THE     CODE
28   COMMISSIONER TO RENUMBER THE CODE SECTIONS OF
29   THE EXISTING ARTICLE 3, CHAPTER 21, TITLE 50 AS
30   ARTICLE 3, CHAPTER 23, TITLE 50; AND TO REPEAL
31   SECTIONS 50-21-390, 50-21-410, 50-23-10, 50-23-24, AND
32   50-23-50 OF THE 1976 CODE.
33     Amend Title To Conform
34
35   Be it enacted by the General Assembly of the State of South
36   Carolina:
37
38   SECTION 1. This act may be cited as the “South Carolina
39   Boating and Safety Act of 1999”.
40
41   SECTION 2. Section 50-21-10 of the 1976 Code, as last amended
42   by Act 181 of 1993, is further amended to read:


     [528]                         4
 1      “Section 50-21-10. As used in this chapter title unless the
 2   context clearly requires a different meaning:
 3         (1) „Vessel‟ means every description of watercraft, other
 4   than a seaplane on the water, used or capable of being used as a
 5   means of transportation on water. „Associated equipment‟ does not
 6   include radio equipment and means:
 7           (a) a system, part, or component of a boat as originally
 8   manufactured or a similar part or component manufactured or sold
 9   for replacement, repair, or improvement of the system, part, or
10   component;
11           (b) an accessory or equipment for, or appurtenance to, a
12   boat;
13           (c) a marine safety article, accessory, or equipment
14   intended for use by a person on board a boat.
15         (2) „Boat‟ means a vessel:
16           (a) manufactured or used primarily for noncommercial
17   recreational or commercial use;
18           (b) leased, rented, or chartered to another for the renters‟
19   noncommercial for recreational or commercial use; or
20           (c) engaged in the carrying of six or fewer used to carry
21   any passengers. either for recreational or commercial purposes.
22         (3) „Motor boat‟ means a vessel equipped with propulsion
23   machinery of any type whether or not the machinery is the
24   principal source of propulsion. „Boat livery‟ means a business,
25   which holds a vessel for rent, lease, or charter.
26         (4) „Associated equipment‟ does not include radio
27   equipment and means:
28           (a) a system, part, or component of a boat as originally
29   manufactured or a similar part or component manufactured or sold
30   for replacement, repair, or improvement of the system, part, or
31   component;
32           (b) an accessory or equipment for, or appurtenance to, a
33   boat;
34           (c) a marine safety article, accessory, or equipment
35   intended for use by a person on board a boat. „Certificate of
36   number‟ means the registration.
37         (5) „Owner‟ means a person, other than a lienholder, who
38   claims lawful possession of a vessel by virtue of legal title or
39   equitable interest in it which entitles him to possession.
40   „Certificate of origin‟ means a document establishing the initial
41   chain of ownership, such as manufacturer‟s certificate of origin or
42   statement of origin, importer‟s certificate of origin, and builder‟s
43   certification.

     [528]                            5
 1        (6) „Waters of the State‟ means waters within the territorial
 2   limits of the State. „Dealer‟s permit‟ means a certificate issued by
 3   the department to a marine business to extend the privilege of
 4   using marine dealer registration numbers on boats or motors for
 5   demonstration or testing purposes and assignment on appropriate
 6   documents. Abuse of these privileges results in termination of the
 7   dealer‟s permit. A dealer who fails to meet minimum requirements
 8   each year may request in writing a review of the permit and sales.
 9   After review of the dealer‟s records and after good cause has been
10   shown by the dealer for not meeting the minimum requirements,
11   the department may renew the permit for the calendar year.
12        (7) „Person‟ means an individual, a partnership, a firm, a
13   corporation, an association, or other legal entity. „Department‟
14   means the South Carolina Department of Natural Resources.
15        (8) „Operator‟ means the person who operates or has charge
16   or command of the navigation or use of a vessel.
17        (9) „Passenger‟ means every person carried on board a
18   vessel other than:
19           (a) the owner or his representative;
20           (b) the operator;
21           (c) bona fide members of the crew engaged in the
22   business of the vessel who have contributed no consideration for
23   their carriage and who are paid for their services; or
24           (d) a guest on board a vessel which is being used
25   exclusively for pleasure purposes who has not contributed
26   consideration, directly or indirectly, for his carriage.
27        (8) „Hull identification number‟ means the letter and number
28   combination required by the United States Coast Guard or its
29   successor agency on all watercraft manufactured after November
30   1, 1972.
31        (10)(9) „Undocumented vessel‟ means a vessel which does
32   not have and is not required to have a valid marine document
33   issued by the United States Coast Guard or federal agency
34   successor to it. „Marina‟ means a facility which provides mooring
35   or dry storage for watercraft on a leased or rental basis.
36        (11)(10) „Marine dealer‟ means a person who engages
37   primarily or secondarily in the business of buying, selling,
38   exchanging, or servicing watercraft or outboard motors, new or
39   used, on outright or conditional sale, bailment, lease, chattel
40   mortgage, or otherwise, and who has an established place of
41   business for the sale, trade, and display of the watercraft or
42   outboard motors, or both. A marine dealer must have a proper
43   business license for each facility not under the same roof and shall

     [528]                            6
 1   sell a minimum of ten watercraft or outboard motors each calendar
 2   year to renew his permit. Exclusions must be for sale at organized
 3   marine dealer association boat shows. Each dealer shall apply to
 4   the department annually for a dealer‟s permit with a fee of ten
 5   dollars for each facility on forms prescribed by the department. A
 6   permit is valid for the calendar year and must be displayed in a
 7   prominent place for public view. Renewal applications must be
 8   received by December fifteenth each year. Permitted marine
 9   dealers are eligible for demonstration numbers. A marine dealer
10   licensed under this section shall consent to public or random
11   inspections of his or its business as provided in Section 50-23-185.
12   A dealer refusing the inspections forfeits his license immediately
13   and permanently.
14         (12)(11) „Reportable boating accident‟ means an accident,
15   collision, or other casualty involving a vessel subject to this
16   chapter which results in loss of life, injury which results in loss of
17   consciousness, necessity for medical treatment, necessity to carry
18   person from scene, disability which prevents the discharge of
19   normal duties beyond the day of casualty, or actual physical
20   damage to property, including vessels in excess of one hundred
21   dollars. „Marine manufacturer‟ means a person engaged in the
22   manufacturing of watercraft or outboard motors for sale or trade.
23         (13)(12) „Boat livery‟ means a business which holds a vessel
24   for renting, leasing, or charting. „Motor boat‟ means a vessel
25   equipped with propulsion machinery of any type whether or not
26   the machinery is the principal source of propulsion.
27         (14)(13) „Marine manufacturer‟ means a person engaged in
28   the manufacturing of watercraft or outboard motors for sale or
29   trade. „No Wake - Idle Speed‟ means a boating restricted area
30   established to protect the safety of the public and property. No
31   Wake - Idle Speed means that a vessel cannot proceed at a speed
32   greater than that speed which is necessary to maintain
33   steerageway.
34         (15)(14) „Marine dealer‟ means a person who buys, sells,
35   exchanges, or services watercraft or outboard motors, new or used,
36   on outright or conditional sale, bailment, lease, chattel mortgage,
37   or otherwise, has an established place of business for the sale,
38   trade, and display of the watercraft or outboard motors, or both,
39   and is permitted by the department. „Operate‟ means to navigate,
40   steer, or drive. It also includes the manipulation of moving water
41   skis, a moving aquaplane, a moving surfboard, or similar moving
42   device.


     [528]                             7
 1         (16)(15) „Certificate of number‟ means registration card.
 2   „Operator‟ means the person who operates or has charge or
 3   command of the navigation or use of a vessel or watercraft.
 4         (17)(16) „Temporary certificate of number‟ is a
 5   department-designated copy of a watercraft application. „Outboard
 6   motor‟ means a completely self-contained propulsion system,
 7   excluding the fuel supply which is used to propel a watercraft and
 8   which is detachable from the watercraft as a unit. No outboard
 9   motor of less than five horsepower or its equivalent is required to
10   be titled under this chapter.
11         (18)(17) „Hull identification number‟ means the letter and
12   number combination required by the United States Coast Guard or
13   its successor agency on all watercraft manufactured after
14   November 1, 1972. „Owner‟ means a person, other than a
15   lienholder, who claims lawful possession of a vessel by virtue of
16   legal title or equitable interest in it which entitled him to
17   possession.
18         (19)(18) „Serial      number‟      means       the    identifying
19   manufacturer‟s number affixed to a watercraft before November 2,
20   1972, and to outboard motors before, on, and after that date. The
21   serial number of watercraft manufactured after November 1, 1972,
22   is part of the hull identification number. „Passenger‟ means every
23   person carried on board a vessel other than:
24           (a) the owner or his representative;
25           (b) the operator;
26           (c) bona fide member of the crew engaged in the business
27   of the vessel who have contributed no consideration for their
28   carriage and who are paid for their services; or
29           (d) a guest on board a vessel, which is being used
30   exclusively for pleasure purposes, who has not contributed
31   consideration, directly or indirectly, for his carriage.
32         (20)(19) „Department‟ means the South Carolina Department
33   of Natural Resources. „Person‟ means an individual, a partnership,
34   a firm, a corporation, an association, or other legal entity.
35         (21)(20) „Reportable boating accident‟ means an accident,
36   collision, or other casualty involving a vessel subject to this
37   chapter which results in loss of life, injury which results in loss of
38   consciousness, necessity for medical treatment, necessity to carry a
39   person from the scene, disability which prevents the discharge of
40   normal duties beyond the day of casualty, or actual physical
41   damage to property including vessels in excess of five hundred
42   dollars.


     [528]                              8
 1         (22)(21) „Serial       number‟      means       the   identifying
 2   manufacturer‟s number affixed to a watercraft before November 2,
 3   1972, and to outboard motors before, on, and after that date. The
 4   serial number of watercraft manufactured after November 1, 1972,
 5   is part of the hull identification number.
 6         (23)(22) „Temporary certificate of number‟ is a temporary
 7   registration assigned to a vessel to allow operation for a limited
 8   purpose.
 9         (24)(23) „Undocumented vessel‟ means a vessel which does
10   not have and is not required to have a valid marine document
11   issued by the United States Coast Guard or federal agency
12   successor to it.
13         (25)(24) „Use‟ means operate, navigate, or employ.
14         (26)(25) „Vessel‟ means every description of watercraft,
15   other than a seaplane on the water, used or capable of being used
16   as a means of transportation on water.
17         (27)(26) „Water device‟ means a motorboat, boat, personal
18   watercraft or vessel, water skis, an aquaplane, surfboard, or other
19   similar device.
20         (28)(27) „Waters of the State‟ means waters within the
21   territorial limits of the State but not private lakes or ponds.”
22         (28) „Water craft‟ means any motorboat, boat, personal
23   watercraft or vessel. It does not include water skis, aquaplanes,
24   surfboards or other similar devices.
25
26   SECTION 3. Section 50-21-110 of the 1976 Code, as last
27   amended by Act 181 of 1993, is further amended to read:
28
29      “Section 50-21-110. (1)(A) No person may use operate any
30   motorboat, boat, or vessel, or manipulate any water skis,
31   aquaplane, surfboard, or similar water device in a negligent
32   manner so as to endanger the life, limb, or property of any person.
33        (2) No person may use any motorboat, boat, or vessel, or use
34   any water skis, aquaplane, surfboard, or similar device while under
35   the influence of alcohol, any narcotic drug, barbiturate, marijuana
36   or hallucinogen.
37        (3) Any person convicted of negligent operation of a vessel
38   or of operating a vessel while under the influence of intoxicating
39   liquids, narcotic drugs, barbiturates, or marijuana, in addition to
40   any other penalties, may be prohibited by the court having
41   jurisdiction of such violation, from operating any vessel on any
42   waters of this State for a period of not more than two years.


     [528]                              9
 1      (B) Negligent operation includes, but is not limited to,
 2   operating a water device at more than idle speed in a no wake
 3   zone, failing to maintain a proper lookout for other boats or
 4   persons, operating too fast for conditions on the water, or pulling a
 5   skier through a congested area.
 6      (C) A person who violates the provisions of this section is
 7   guilty of a misdemeanor and, upon conviction, must be fined not
 8   less than fifty nor more than two hundred dollars or imprisoned not
 9   more than thirty days for each violation.
10      (D) In addition to other penalties, the department shall require
11   any person who is convicted under this section three times within a
12   five-year period to attend and complete a boating safety education
13   program approved by the department. The person required to
14   attend the class shall reimburse the department for the expense of
15   the class. A person‟s privilege to operate a water device within
16   this State must be suspended until successful completion of the
17   required class.”
18
19   SECTION 4. The 1976 Code is amended by adding:
20
21      “Section 50-21-111. (A) A person who operates any water
22   device in such a manner as to indicate either a wilful or wanton
23   disregard for the safety of persons or property is guilty of reckless
24   operation.
25      (B) Reckless operation includes, but is not limited to, weaving
26   through congested vessel traffic at more than idle speed; or
27   crossing or jumping the wake of another vessel within two hundred
28   feet of that vessel; or crossing the path or wake of another vessel
29   when the visibility around the other vessel is obstructed; or
30   maintaining a collision course with another vessel or object and
31   swerving away in close proximity to the other vessel or object.
32      (C) A person who violates the provisions of this section is
33   guilty of a misdemeanor and, upon conviction, must be fined not
34   less than one hundred dollars nor more than two hundred dollars or
35   imprisoned for not more than thirty days.
36      (D) A person convicted of reckless operation, in addition to any
37   other penalties, shall be required by the department to attend and
38   complete a boating safety education program approved by the
39   department. The person required to attend the program shall
40   reimburse the department for the expense of the program. A
41   person‟s privilege to operate a water device within this State shall
42   be suspended until successful completion of the required program.


     [528]                            10
 1     A person‟s privilege to operate a water device within this State
 2   shall be suspended by the department for a period of ninety days
 3   upon conviction of a second offense of reckless operation of a
 4   water device within a five-year period. Following the ninety-day
 5   suspension, the person‟s privilege shall remain suspended until
 6   successful completion of a boating safety education program
 7   approved by the department. The person required to attend the
 8   program shall reimburse the department for the expense of the
 9   program.”
10
11   SECTION 5. Section 50-21-112 of the 1976 Code, as last
12   amended by Act 181 of 1993, is further amended to read:
13
14      “Section 50-21-112. (A) A person who, while under the
15   influence of alcohol, drugs, or the combination of alcohol and
16   drugs, operates, navigates, steers, or drives a moving vessel, or is
17   in actual physical control of a moving vessel, or manipulates any
18   moving water skis, moving aquaplane, moving surfboard, or
19   similar moving device upon the waters of this State and does any
20   act forbidden by law or neglects a duty imposed by law, which
21   proximately causes great bodily injury or death of a person other
22   than himself, is guilty of a felony and, upon conviction, must be
23   punished:
24        (1) by a fine of not less than five thousand dollars nor more
25   than ten thousand dollars and imprisonment for not less than thirty
26   days nor more than ten years when great bodily injury results;
27        (2) by a fine of not less than ten thousand dollars nor more
28   than twenty-five thousand dollars and imprisonment for not less
29   than one year nor more than ten years when death results.
30      (B) As used in subsection (A) “great bodily injury” means
31   bodily injury which creates a substantial risk of death or which
32   causes serious, permanent disfigurement or protracted loss or
33   impairment of the function of a bodily member or organ.
34      (C) A person who, while under the influence of alcohol, drugs,
35   or the combination of alcohol and drugs, operates, navigates,
36   steers, or drives a vessel, or is in actual physical control of a
37   moving vessel, or manipulates any moving water skis, moving
38   aquaplane, moving surfboard, or similar moving device upon the
39   waters of this State and does any act forbidden by law or neglects a
40   duty imposed by law, which act or neglect proximately causes
41   damage to property other than his own, or injury other than great
42   bodily injury to a person other than himself, is guilty of a
43   misdemeanor and, upon conviction, must be punished by a fine of

     [528]                            11
 1   not less than one hundred nor more than two hundred dollars or
 2   imprisonment for not more than thirty days.
 3      (D) The department must suspend the privilege of a person who
 4   is convicted or who pleads guilty or nolo contendere under this
 5   section to operate, navigate, steer, or drive a vessel or be in actual
 6   physical control of a moving vessel or manipulates any moving
 7   water skis, moving aquaplane, moving surfboard, or similar
 8   moving device on waters of this State for a period to include any
 9   term of imprisonment plus:
10         (1) three years in the case of death or great bodily injury; or
11         (2) one year in the case of property damage or injury other
12   than great bodily injury.
13      (E) A person who, while operating privileges are under
14   suspension, operates, navigates, steers, or drives a vessel or is in
15   actual physical control of a moving vessel or manipulates any
16   moving water skis, moving aquaplane, moving surfboard, or
17   similar moving device, on waters of this State is guilty of a
18   misdemeanor and, upon conviction, must be punished by a fine of
19   not less than one hundred dollars nor more than two hundred
20   dollars or imprisonment for not more than thirty days.
21      (A) It is unlawful for a person to operate a moving motorized
22   water device or water device undersail within this State while
23   under the:
24         (1) influence of alcohol to the extent that the person‟s
25   faculties to operate are materially and appreciably impaired;
26         (2) influence of any other drug or a combination of other
27   drugs or substances which cause impairment to the extent that the
28   person‟s faculties to operate are materially and appreciably
29   impaired; or
30         (3) combined influence of alcohol and any other drug or
31   drugs, or substances which cause impairment to the extent that the
32   person‟s faculties to operate are materially and appreciably
33   impaired.
34      For purposes of this section „drug‟ means illicit or licit drug, a
35   combination of licit or illicit drugs, a combination of alcohol and
36   an illicit drug, or a combination of alcohol and a licit drug.
37      (B) A person violating this section is guilty of a misdemeanor
38   and, upon conviction, must be punished:
39         (1) for a first offense, by a fine of two hundred dollars or
40   imprisonment for not less than forty-eight hours nor more than
41   thirty days. However, in lieu of the forty-eight hour minimum
42   imprisonment, the court may provide for forty-eight hours of
43   public service employment. The minimum forty-eight hour

     [528]                             12
 1   imprisonment or public service employment must be served at a
 2   time when it does not interfere with the offender‟s regular
 3   employment under terms and conditions, as the court considers
 4   proper. However, the court may not compel an offender to
 5   perform public service employment instead of the minimum
 6   sentence;
 7        (2) for a second offense, by a fine of not less than two
 8   thousand dollars nor more than five thousand dollars and
 9   imprisonment for not less than forty-eight hours nor more than one
10   year. However, the fine imposed by this item may not be
11   suspended in an amount less than one thousand dollars. Instead of
12   service of imprisonment, the court may require that the individual
13   complete an appropriate term of public service employment of not
14   less than ten days upon terms and conditions the court considers
15   proper. Upon imposition of a sentence of public service, the
16   defendant may apply to the court to be allowed to perform his
17   public service in his county of residence if he has been sentenced
18   to public service in a county where he does not reside;
19        (3) for a third offense, by a fine of not less than three
20   thousand five hundred dollars nor more than six thousand dollars
21   and imprisonment for not less than sixty days nor more than three
22   years.
23      (C) Any person convicted of operating a water device in
24   violation of subsection (A), in addition to any other penalties, must
25   be prohibited by the department from operating any water device
26   within this State for six months for the first conviction, one year
27   for the second conviction, and two years for the third conviction.
28   Only those violations, which occurred within ten years including
29   and immediately preceding the date of the last violation, shall
30   constitute prior violations within the meaning of this section.
31      A person whose privilege is suspended under the provisions of
32   this section must be notified by the department of the suspension
33   and of the requirement to enroll in and successfully complete an
34   Alcohol and Drug Safety Action Program certified by the
35   Department of Alcohol and Other Drug Abuse Services prior to
36   reinstatement of the privilege. An assessment of the degree extent
37   and nature of alcohol and drug abuse problem, if any, of the
38   applicant must be prepared and a plan of education or treatment, or
39   both, must be developed based upon the assessment. Entry into
40   and successful completion of the services, if such services are
41   necessary, recommended in the plan of education or treatment, or
42   both, developed for the applicant is a mandatory requirement of the
43   restoration of privileges to the applicant. The Alcohol and Drug

     [528]                            13
 1   Safety Action Program shall determine if the applicant has
 2   successfully completed the services. The Departmet of Alcohol
 3   and Other Drug Abuse Services shall determine the cost of
 4   services provided by each certified Alcohol and Drug Safety
 5   Action Program. Each applicant shall bear the cost of services
 6   recommended in the applicant‟s plan of education or treatment.
 7   The cost of services must be within the limits set forth in Section
 8   56-5-2990(C). No applicant may be denied services due to an
 9   inability to pay. Inability to pay for services may not be used as a
10   factor in determining if the applicant has successfully completed
11   services. If the applicant has not successfully completed the
12   services as directed by the Alcohol and Drug Safety Action
13   Program within one year of enrollment, a hearing must be provided
14   by the Alcohol and Drug Safety Action Program and if further
15   needed by the Department of Alcohol and Other Drug Abuse
16   Services.
17      The department and the Department of Alcohol and Other Drug
18   Abuse Services shall develop procedures necessary for the
19   communication of information pertaining to reinstating the
20   privilege, or otherwise. The procedures must be consistent with
21   the confidentiality laws of this State and the United States.
22      A person convicted under this section, in addition to any other
23   penalties, shall be required by the department to attend and
24   complete a boating safety education program approved by the
25   department. The person required to attend the program shall
26   reimburse the department for the expense of the program. The
27   person‟s privilege to operate a water device within this State shall
28   be suspended until successful completion of the required program.
29      (D) The suspension penalties assessed under this section are in
30   addition to and not in lieu of any other civil remedies or criminal
31   penalties which may be assessed. No part of the minimum
32   sentences provided in this section may be suspended.
33      (E) For the purposes of this chapter any conviction, entry of a
34   plea of guilty or of nolo contendere or forfeiture of bail, for the
35   violation of any law or ordinance of this or any other state or any
36   municipality of this or any other state that prohibits any person
37   from operating a vessel or water device while under the influence
38   of alcohol or drugs or a combination of both constitutes a prior
39   offense for the purpose of any prosecution for any subsequent
40   violation of this section. Only those offenses which occurred
41   within a period of ten years including and immediately preceding
42   the date of the last offense constitutes prior offenses within the
43   meaning of this section.”

     [528]                            14
 1
 2   SECTION 6. Chapter 21, Title 50 of the 1976 Code is amended
 3   by adding:
 4
 5      “Section 50-21-113. (A) A person who, while under the
 6   influence of alcohol, drugs, or the combination of alcohol and
 7   drugs operates a moving water device, or is in actual control of a
 8   moving water device within this State and causes great bodily
 9   injury or death of a person other than himself, is guilty of a felony
10   and, upon conviction, must be punished by a mandatory fine of not
11   less than:
12         (1) five thousand dollars nor more than ten thousand dollars
13   and mandatory imprisonment for not less than thirty days nor more
14   than fifteen years when great bodily injury results;
15         (2) ten thousand dollars nor more than twenty-five thousand
16   dollars and mandatory imprisonment for not less than one year nor
17   more than twenty-five years when death results.
18      No part of the mandatory sentences required to be imposed by
19   this section may be suspended, and probation may not be granted
20   for any portion.
21      (B) As used in subsection (A) „great bodily injury‟ means
22   bodily injury which creates a substantial risk of death or which
23   causes serious, permanent disfigurement or protracted loss or
24   impairment of the function of any bodily member or organ.
25      (C) A person who, while under the influence of alcohol, drugs,
26   or the combination of alcohol and drugs operates or is in actual
27   control of a moving a water device within this State and causes
28   damage to property other than his own, or injury other than great
29   bodily injury to a person other than himself, is guilty of a
30   misdemeanor and, upon conviction, must be punished by a fine of
31   not less than five hundred dollars or imprisonment for not more
32   than thirty days, or both.
33      (D) The department shall suspend the privilege of a person who
34   is convicted or who pleads guilty or nolo contendere under this
35   section to operate a water device or be in actual control of a
36   moving water device within this State for a period to include any
37   term of imprisonment plus:
38         (1) three years in the case of death or great bodily injury; or
39         (2) one year in the case of property damage or injury other
40   than great bodily injury.
41      (E) The suspensions under this section are in addition to and
42   not in lieu of any other civil remedies or criminal penalties.”
43

     [528]                            15
 1   SECTION 7. Section 50-21-114 of the 1976 Code, as last
 2   amended by Act 181 of 1993, is further amended to read:
 3
 4      “Section 50-21-114. (A)(1) A person who operates, navigates,
 5   steers, or drives a vessel, or is in actual physical control of a
 6   moving vessel, or manipulates any moving water skis, moving
 7   aquaplane, moving surfboard, or similar moving device, which is
 8   involved in a reportable boating accident or marine casualty upon
 9   the waters of this State, a water device is considered to have given
10   consent to a chemical test tests or analysis of his breath, blood, or
11   urine to determine the presence of alcohol, or drugs, or a
12   combination of both, if arrested for an offense arising out of acts
13   alleged to have been committed while the person was operating or
14   in physical control of a moving vessel directing the operation of a
15   water device while under the influence of alcohol, drugs, or a
16   combination of them both. A test given must be administered at
17   the direction of a the arresting law enforcement officer who has
18   apprehended a person for operating, navigating, steering, or
19   driving a vessel, or being in actual physical control of a moving
20   vessel, or manipulating any moving water skis, moving aquaplane,
21   moving surfboard, or similar moving device upon the waters of
22   this State while under the influence of alcohol, drugs, or a
23   combination of them. At the direction of the arresting officer, the
24   person first must be offered a breath test to determine the alcohol
25   concentration of his blood. If the person is physically unable to
26   provide an acceptable breath sample because he has an injured
27   mouth, is unconscious, dead, or for any other reason considered
28   acceptable by licensed medical personnel, a blood sample may be
29   taken. If the officer has reasonable grounds to believe the person
30   is under the influence of drugs other than alcohol, the officer may
31   order that a urine sample be taken for testing. If the breath
32   analysis reading is ten one-hundredths of one percent or above by
33   weight of alcohol in the person‟s blood, the officer may not require
34   additional tests of the person as provided in this chapter.
35        (2) The breath test must be administered by a person trained
36   and certified by the South Carolina Law Enforcement Division,
37   SLED, using methods approved by SLED. The arresting officer
38   may not administer the tests so long as it is done in conformity
39   with the standards set out by SLED. Blood and urine samples
40   must be taken by physicians licensed by the State Board of
41   Medical Examiners, registered nurses licensed by the State Board
42   of Nursing, or other medical personnel trained to take the samples
43   in a licensed medical facility. Blood samples or urine samples

     [528]                            16
 1   must be obtained and handled in accordance with procedures
 2   approved by SLED. No tests may be administered or samples
 3   taken unless the person has been informed that he does not have to
 4   take the test or give the samples but that his privilege to operate,
 5   navigate, steer, or drive a vessel, or be in actual physical control of
 6   a moving vessel, or manipulate any moving water skis, moving
 7   aquaplane, moving surfboard, or similar moving a water device
 8   must be suspended or denied for one hundred eighty days if he
 9   refuses to submit to the tests.
10         (3) A hospital, physician, qualified technician, chemist, or
11   registered nurse who takes samples or conducts the test or
12   participates in the process of taking the samples or conducting the
13   test in accordance with this section is not subject to a cause of
14   action for assault, battery, or any other cause contending that the
15   drawing of blood or taking of samples at the request of the arrested
16   person or a law enforcement officer was wrongful. This release
17   from liability does not reduce the standard of medical care required
18   of the person taking the samples or conducting the test. This
19   qualified release also applies to the employer of the person who
20   conducts the test or takes the samples. No person may be required
21   by the arresting officer, or by any other law enforcement officer, to
22   obtain or take any sample of blood or urine.
23         (4) The person tested or giving samples for testing may have
24   a qualified person of his own choosing conduct additional tests at
25   his expense and must be notified of that right. A person‟s failure
26   to request additional blood or urine tests is not admissible against
27   the person in a criminal trial. The failure or inability of the person
28   tested to obtain additional tests does not preclude the admission of
29   evidence relating to the tests or samples taken at the direction of
30   the law enforcement officer.
31         (5) The arresting officer shall provide reasonable assistance
32   to the person to contact a qualified person to conduct additional
33   tests.
34         (6) SLED shall administer the provisions of this subsection
35   and may promulgate regulations necessary to carry out its
36   provisions. The cost of the tests administered at the direction of
37   the law enforcement officer must be paid from the general fund of
38   the State. A fee of fifty dollars is assessed, at the time of the
39   sentencing, persons convicted of, pleading guilty or nolo
40   contendere to, or forfeiting bond for violating Section 50-21-112
41   or Section 50-12-113. This fee must be forwarded by the county
42   treasurer to the State Treasurer and credited to the general fund of


     [528]                             17
 1   the State to defray any costs incurred by SLED and individuals and
 2   institutions obtaining the samples forwarded to SLED.
 3      (B) In any criminal prosecution for a violation of Section
 4   50-21-112 where a test or tests were administered pursuant to this
 5   chapter, the amount of alcohol in the person‟s blood at the time of
 6   the alleged violation, as shown by chemical analysis of the
 7   person‟s breath or other body fluids, gives rise to the following
 8   inferences:
 9         (1) If there was at that time five one-hundredths of one
10   percent or less by weight of alcohol in the person‟s blood, it is
11   presumed conclusively that the person was not under the influence
12   of alcohol.
13         (2) If there was at that time in excess of five one-hundredths
14   of one percent but less than ten one-hundredths of one percent by
15   weight of alcohol in the person‟s blood, that fact does not give rise
16   to any inference that the person was or was not under the influence
17   of alcohol, but that fact may be considered with other competent
18   evidence in determining the guilt or innocence of the person.
19         (3) If there was at that time ten one-hundredths of one
20   percent or more by weight of alcohol in the person‟s blood, it may
21   be inferred that the person was under the influence of alcohol.
22      (C) The provisions of this section may not be construed as
23   limiting the introduction of other competent evidence bearing upon
24   the question of whether or not the person was under the influence
25   of alcohol, drugs, or a combination of them. Refusal, resistance,
26   obstruction, or opposition to testing pursuant to this section is
27   admissible as evidence at the trial of a person charged with the
28   offense that precipitated the request for testing.
29      (D) A person who is unconscious or otherwise in a condition
30   rendering him incapable of refusal is considered to be informed
31   and not to have withdrawn the consent provided by subsection (A).
32      (E) If a person under arrest refuses, upon the request of a law
33   enforcement officer, to submit to chemical tests provided in
34   subsection (A), none may be given, but the department, on the
35   basis of a report from the law enforcement officer that the arrested
36   person was operating, navigating, steering, or driving a vessel, or
37   was in actual physical control of a moving vessel, or was
38   manipulating any moving water skis, moving aquaplane, moving
39   surfboard, or similar moving a water device upon the waters of
40   within this State while under the influence of alcohol, drugs, or a
41   combination of them, and that the person had refused to submit to
42   the tests, shall must suspend his privilege to perform the activity
43   above-mentioned activities for one hundred eighty days. The one

     [528]                            18
 1   hundred eighty-day period of suspension begins with the day after
 2   the date of the notice required to be given, unless a hearing is
 3   requested as provided, in which case the one hundred eighty-day
 4   period begins with the day after the date of the order sustaining the
 5   suspension. The report of the arresting officer must include what
 6   grounds he had for believing the arrested person was conducting
 7   the above-mentioned activity while under the influence of alcohol,
 8   drugs, or a combination of them. If the arrested person took a
 9   chemical breath test but refused to provide a blood or urine
10   sample, the report of the arresting officer must include the officer‟s
11   grounds for believing the arrested person was under the influence
12   of drugs other than alcohol. If a person who refuses, upon the
13   request of a law enforcement officer, to submit to chemical tests as
14   provided in subsection (A), pleads guilty or nolo contendere to, or
15   forfeits bond for a violation of Section 50-21-112, within thirty
16   days of arrest, the period of the suspension under this section must
17   be canceled.
18      (F) Upon suspending the operating privilege of a person, the
19   department immediately shall notify the person in writing and
20   upon his request give him an opportunity for a hearing as provided
21   in Sections 50-9-1050(b) and 50-9-1060 Article 3, Chapter 23,
22   Title 1 of the 1976 Code. The review must be scheduled by the
23   department within twenty days after the receipt of the request
24   Administrative Law Judge Division in accordance with the
25   division‟s procedural rules. The scope of the hearing is limited to
26   the issues of whether the person was placed under arrest, whether
27   the person had been informed that he did not have to take the tests
28   but that his privilege to operate a vessel would be suspended or
29   denied if he refused to submit to the tests, and whether he refused
30   to submit to the tests upon request of the officer set out by the
31   Administrative Procedures Act and the division‟s procedural rules.
32   Upon review order of the administrative law judge, the department
33   either shall rescind its order of suspension or, if there is good
34   cause, continue the suspension of the privilege.
35      (G) If a boating accident or marine casualty involves a fatality,
36   the coroner having jurisdiction shall direct that a chemical blood
37   test be performed on the deceased, within forty-eight hours of
38   receiving notification of the death, shall direct that a chemical
39   blood test to determine blood alcohol concentration or the presence
40   of drugs, be performed on the deceased and that the results of the
41   test be recorded properly in the coroner‟s report.



     [528]                             19
 1     (H) The suspensions under this section are in addition to and
 2   not in lieu of any other civil remedies or civil penalties which may
 3   be assessed.”
 4
 5   SECTION 8. Section 50-21-115 of the 1976 Code, as last
 6   amended by Act 181 of 1993, is further amended to read:
 7
 8     “Section 50-21-115. When the death of any a person ensues
 9   within one year as a proximate result of injury received by the
10   operation of a boat in reckless disregard of the safety of others, the
11   person operating the boat shall be guilty of reckless homicide.
12   Any A person convicted of reckless homicide or any person who
13   enters a plea of guilty of reckless homicide and receives sentence
14   thereon shall be punished by a fine of fined not less than one
15   thousand dollars nor more than five thousand dollars or by
16   imprisonment imprisoned for not more than five ten years, or both.
17   Any A person convicted of reckless homicide, involuntary
18   manslaughter, manslaughter, or murder in the operation of a boat
19   shall be prohibited by the court having jurisdiction of such
20   violations from operating any boat in the waters of within this
21   State for a period of not more than five years.”
22
23   SECTION 9. Chapter 21, Title 50 of the 1976 Code is amended
24   by adding:
25
26      “Section 50-21-116. Notwithstanding any other provision of
27   law, a person must submit to either one or a combination of
28   chemical tests of his breath, blood, or urine for the purpose of
29   determining the presence of alcohol, drugs, or a combination of
30   alcohol and drugs, if there is probable cause to believe that the
31   person violated or is under arrest for a violation of Section
32   50-21-113.
33      The tests must be administered at the direction of a law
34   enforcement officer who has probable cause to believe that the
35   person violated or is under arrest for violation of Section
36   50-21-113. The administration of one test does not preclude the
37   administration of other tests. The resistance, obstruction, or
38   opposition to testing pursuant to this section is evidence admissible
39   at the trial of the offense which precipitated the requirement for
40   testing. A person who is tested or gives samples for testing may
41   have a qualified person of his choice conduct additional tests at his
42   expense and must be notified of that right. A person‟s request or


     [528]                             20
 1   failure to request additional blood or urine tests is not admissible
 2   against the person in the criminal trial.
 3      The provisions of Section 50-21-114, relating to the
 4   administration of tests to determine a person‟s alcohol
 5   concentration, additional tests at the person‟s expense, the
 6   availability of other evidence on the question of whether or not the
 7   person was under the influence of alcohol, drugs, or a combination
 8   of them, availability of test information to the person or his
 9   attorney, and the liability of medical institutions and person
10   administering the tests are applicable to this section and also
11   extend to the officer requesting the test, the State or its political
12   subdivisions, or governmental agency, or entity which employs the
13   officer making the request, and the agency, institution, or
14   employer, either governmental or private, of persons administering
15   the tests. Notwithstanding any other provision of law pertaining
16   to confidentiality of hospital records or other medical records,
17   information regarding tests performed pursuant to this section must
18   be released, upon subpoena, to a court, prosecuting attorney,
19   defense attorney, or law enforcement officer in connection with an
20   alleged violation of Section 50-21-113.”
21
22   SECTION 10. The 1976 Code is amended by adding:
23
24     “Section 50-21-117. (A) A person who operates any water
25   device while his privileges are suspended is guilty of a
26   misdemeanor and, upon conviction, must be fined two hundred
27   dollars or imprisoned for thirty days for the first violation; for a
28   second violation must be fined five hundred dollars and
29   imprisoned for sixty consecutive days; and for a third or
30   subsequent violation must be imprisoned for not less than ninety
31   days nor more than six months, no portion of which may be
32   suspended by the trial judge.
33     (B) If the privileges of the person convicted were suspended
34   pursuant to the provisions of Section 50-21-112 or 50-21-113, he
35   must be punished as follows and no part of the minimum sentence
36   may be suspended:
37        (1) for a first offense, imprisoned for not less than ten nor
38   more than thirty days;
39        (2) for a second offense, imprisoned for not less than sixty
40   days nor more than six months;
41        (3) for a third and subsequent offense, not less than six
42   months nor more than three years.


     [528]                            21
 1     (C) A person who is convicted under the provisions of
 2   subsection (A) must have his privileges suspended for an
 3   additional three years by the department.
 4     (D) The suspension penalties assessed under this section are in
 5   addition to and not in lieu of any other civil remedies or criminal
 6   penalties which may be assessed.”
 7
 8   SECTION 11. Section 50-21-120 of the 1976 Code, as last
 9   amended by Act 181 of 1993, is further amended to read:
10
11      “Section 50-21-120. Neither the owner, his agent, or
12   employees of a boat livery nor his agent or employees operating in
13   this State shall permit any of his vessels vessel to depart from his
14   premises unless it shall be is in sound and safe operating condition,
15   have a valid registration, be is properly numbered and has been is
16   provided, either by the owner or the renter, with the equipment
17   required pursuant to Section 50-21-610 and any rules and
18   regulations made pursuant thereto; and the owner of a boat livery
19   shall be liable for such damage or injury which may result directly
20   from his failure to meet the requirements of this paragraph;
21   provided, however, that readily identifiable livery boats of less
22   than twenty-six feet in length leased or rented to another for the
23   latter‟s noncommercial use for less than seven days may have the
24   registration certificate retained ashore by the owner or his
25   representative.
26      The owner of a vessel shall be liable for any injury or damage
27   occasioned by the negligent operation of such vessel whether such
28   the negligence consists of a violation of the provisions of the
29   statutes of this State or neglecting to observe such the ordinary
30   care in such the operation as the rules regulations of common law
31   require. The owner shall not be liable, however, unless such the
32   vessel is being used with his or her express or implied consent or is
33   in the possession of any a person or organization legally
34   responsible therefor. It shall be presumed that such the vessel is
35   being operated with the knowledge and consent of the owner if, at
36   the time of the injury or damage, it is under control of a member of
37   the owner‟s household. Nothing contained herein shall be
38   construed to relieve any other person from any liability which he
39   would otherwise have. Provided, the owner of a boat livery shall
40   not be liable as an owner as provided in this paragraph, and in case
41   of any negligent injury or damage occasioned by the operation of a
42   vessel rented or hired from a boat livery, the operator of the vessel
43   shall be liable as owner thereof.”

     [528]                            22
 1
 2   SECTION 12. Section 50-21-130 of the 1976 Code, as last
 3   amended by Act 181 of 1993, is further amended to read:
 4
 5      “Section 50-21-130. (1)(A) It shall be is the duty of the
 6   operator of a vessel involved in a collision, accident, or other
 7   casualty, so far as if he can do so without serious danger to his own
 8   vessel, crew, passengers, and guests, to render assistance as may
 9   be practical or necessary to other persons affected by the collision,
10   accident, or other casualty including personal injury or property
11   damage such assistance as may be practicable and as may be
12   necessary in order to save them from or minimize any danger
13   caused by the collision, accident, or other casualty, and also to give
14   his name, address, and identification of his vessel in writing to any
15   person injured and to the owner of any property damaged in the
16   collision, accident, or other casualty. A person who fails to stop or
17   to comply with the requirements of this section, is guilty of:
18         (1) a misdemeanor, when personal injury or property
19   damage results but great bodily injury or death does not result;
20   and, upon conviction, must be imprisoned not less than thirty days
21   nor more than one year or fined not less than one hundred dollars
22   nor more than five thousand dollars, or both;
23         (2) a felony when great bodily injury results and, upon
24   conviction, must be imprisoned not less than thirty days nor more
25   than ten years and fined not less than five thousand dollars nor
26   more than ten thousand dollars; or
27         (3) a felony when death results and, upon conviction, must
28   be imprisoned not less than one year nor more than twenty-five
29   years and fined not less than ten thousand dollars nor more than
30   twenty-five thousand dollars.
31      (2)(B) Any person who complies with subsection (1) of this
32   section or who gratuitously and in good faith renders assistance at
33   the scene of a vessel collision, accident, or other casualty without
34   objection of any person assisted, shall not be held liable for any
35   civil damages as a result of the rendering of assistance or for any
36   act or omission in providing or arranging salvage, towage, medical
37   treatment, or other assistance where the assisting person acts as an
38   ordinary, reasonably prudent man would have acted under the
39   same or similar circumstances.
40      (3)(C) In the case of a reportable accident, the operator or
41   owner of any vessel involved shall file with the appropriate agency
42   of the State wherein the accident occurred a full description of the
43   accident with the department, including such any information as

     [528]                             23
 1   the agency department may, by regulation, require. If the operator
 2   or owner is incapable of making such the report, the investigating
 3   officer shall submit such the report.
 4      (4)(D) Any such The report shall be without prejudice, shall be
 5   for the information of the department, and shall not be open to
 6   public inspection. Provided, however, the report shall be made
 7   available upon written request to any person injured or damaged or
 8   to any person alleged to have caused injury or damage in the
 9   accident, or to his attorney. The fact that such report has been
10   made shall be admissible in evidence solely to show compliance
11   with this section but no such report nor any part thereof nor any
12   statement contained therein shall be admissible as evidence for any
13   purpose in any civil trial. An insured may not be reimbursed for
14   property lost until he files a report in compliance with this section.
15      (5)(E) The department shall make regulations to administer a
16   State Casualty Reporting System which shall be in conformity
17   with that established by the United States Coast Guard.
18      (F) The department must suspend the privileges of a person
19   convicted under this section for:
20        (1) two years if the operator of a vessel is convicted of not
21   rendering assistance to persons affected in a collision, accident, or
22   other casualty;
23        (2) one year if the operator of a vessel is convicted of not
24   reporting a boating accident;
25        (3) a person‟s privilege to operate a watercraft shall not be
26   reinstated until the person attends and completes a boating safety
27   education program approved by the department. The person
28   required to attend the class shall reimburse the department for the
29   expense of the program.
30      (G) The suspension penalties assessed under this section are in
31   addition to and not in lieu of any other civil remedies or criminal
32   penalties which may be assessed.”
33
34   SECTION 13. Section 50-21-150 of the 1976 Code, as last
35   amended by Act 181 of 1993, is further amended to read:
36
37      “Section 50-21-150. (A) A person who violates a provision of
38   Section 50-21-110 or the implementing regulations is guilty of a
39   misdemeanor and, upon conviction, must be fined not less than
40   fifty nor more than two hundred dollars or imprisoned not more
41   than thirty days for each violation.
42      (B) A person who violates this chapter or regulations
43   promulgated by the department pursuant to it where the penalty is

     [528]                             24
 1   not specified is guilty of a misdemeanor and, upon conviction,
 2   must be fined not less than twenty-five nor more than two hundred
 3   dollars or imprisoned not more than thirty days for each violation.”
 4
 5   SECTION 14. Section 50-21-320(A)(1) of the 1976 Code, as
 6   last amended by Act 181 of 1993, is further amended to read:
 7
 8      “(1) covered by a certificate of number in effect which has been
 9   issued to it pursuant to federal law or a federally approved
10   numbering system of another state. However, this vessel must not
11   be used on the waters of this State for more than ninety sixty
12   consecutive days;”
13
14   SECTION 15. Section 50-21-710 of the 1976 Code, as last
15   amended by Act 181 of 1993, is further amended to read:
16
17      “Section 50-21-710. (1)(A) As used in this section:
18        (a)(1) „Aids to navigation‟ means any device designed or
19   intended to assist a navigator to determine his position or safe
20   course or to warn him of danger or obstructions to navigation.
21        (b)(2) „Regulatory markers‟ means any device which
22   indicates to a vessel operator the existence of dangerous areas as
23   well as those which are intended to restrict or control, such as
24   speed zones and areas dedicated to a particular use or to provide
25   general information and directions. This includes bathing markers,
26   speed zone markers, information markers, danger zone markers,
27   boat keep out areas, mooring buoys, wharves, docks, obstructions
28   or hazards to navigation and any activity, object, or construction in
29   the waters of the State.
30        (2)(B) The department may make rules for the uniform
31   marking of the water areas in this State through the placement of
32   aids to navigation and regulatory markers. Such rules shall
33   establish a marking system compatible with the system of aids to
34   navigation prescribed by the United States Coast Guard. No city,
35   county, or person shall mark or obstruct the waters of this State in
36   any manner so as to endanger the operation of watercraft or
37   conflict with the marking system prescribed by the department.
38        (3)(C) The operation of any vessel within a prohibited areas
39   area that are is marked shall be prima facie evidence of negligent
40   operation unless the seriousness of the operation within a
41   prohibited area constitutes reckless operation.



     [528]                            25
 1        (4)(D) It shall be unlawful for a person to operate a vessel on
 2   the waters of this State in a manner other than that prescribed or
 3   permitted by regulatory markers.
 4        (5)(E) No person shall moor or fasten a vessel to or willfully
 5   wilfully damage, tamper, remove, obstruct, or interfere with any
 6   aid to navigation or regulatory marker established pursuant to this
 7   chapter.
 8        (6)(F) A person who violates a provision or regulation
 9   promulgated pursuant to this section is guilty of a misdemeanor
10   and, upon conviction, must be punished as provided in Section
11   50-21-150(2).”
12
13   SECTION 16. Section 50-21-870(B) of the 1976 Code, as added
14   by Act 291 of 1996, is amended to read:
15
16      “(B) No person may:
17         (1)(a) operate, be in possession of, or give permission to
18   operate a personal watercraft or specialty propcraft while upon the
19   waters of this State unless each person aboard the personal
20   watercraft or specialty propcraft is wearing a United States Coast
21   Guard approved personal flotation device, Type I, Type II, Type
22   III, or Type V.;
23            (b) operate, be in possession of, or give permission to
24   operate a Class „A‟ motor boat while upon the waters of this State
25   unless each person under the age of twelve aboard the Class „A‟
26   motor boat is wearing a United States Coast Guard approved
27   personal flotation device, Type I, Type II, Type III, or Type V.;
28      Each personal flotation device must be fastened properly, in
29   good and serviceable condition, and the proper size for the person
30   wearing it;
31         (2) operate or be in possession of a personal watercraft or
32   specialty propcraft while upon the waters of this State after sunset
33   or before sunrise;
34         (3) operate or be in possession of a personal watercraft or
35   specialty propcraft while upon the waters of this State unless it is
36   equipped with a self-circling device or a lanyard-type engine cutoff
37   switch;
38         (4) operate or be in possession of while upon the waters of
39   this State a personal watercraft or specialty propcraft which has
40   been equipped by the manufacturer with a lanyard-type engine
41   cutoff switch unless the lanyard and the switch are operational and
42   unless the lanyard is attached to the operator, the operator‟s
43   clothing, or a personal flotation device worn by the operator;

     [528]                            26
 1         (5) operate or be in possession of while upon the waters of
 2   this State a personal watercraft or specialty propcraft which has
 3   been equipped by the manufacturer with a self-circling device if
 4   the self-circling device or the engine throttle has been altered in a
 5   way that would prohibit the self-circling device from operating in
 6   its intended manner;
 7         (6) operate a personal watercraft, specialty propcraft, or
 8   vessel while upon the waters of this State in excess of idle speed
 9   within 50 fifty feet of a moored or an anchored vessel, wharf,
10   dock, bulkhead, pier, or a person in the water, or within 100 one
11   hundred yards of the Atlantic Ocean coast line;
12         (7) chase, harass, molest, worry, or disturb wildlife with a
13   personal watercraft, specialty propcraft, or vessel except while
14   lawfully angling for, hunting, or trapping wildlife;
15         (8) tow a water skier or a person on a floating device with a
16   personal watercraft or specialty propcraft unless the watercraft is
17   equipped with a wide-angled mirror which permits the operator to
18   observe the person being towed or carrying a person other than the
19   operator who is in position to observe the person being towed. No
20   person may tow a water skier or a floating device unless the person
21   being towed is wearing a personal flotation device as provided in
22   item (1). A personal watercraft or specialty propcraft may be used
23   to tow another vessel when rendering assistance;
24         (9) operate while upon the waters of this State a personal
25   watercraft, specialty propcraft, or vessel in a manner which
26   unreasonably or unnecessarily endangers life, limb, or property
27   including, but not limited to, weaving through congested vessel
28   traffic, jumping the wake of another vessel unreasonably or
29   unnecessarily close to the other vessel or when visibility around
30   the other vessel is obstructed, and swerving at the last possible
31   moment to avoid collision;
32         (10) operate while upon the waters of this State a personal
33   watercraft, specialty propcraft, or vessel in a manner so as to leave
34   the water completely while crossing the wake of another vessel
35   within two hundred feet of the vessel creating the wake.
36         (11)(a) operate a personal watercraft, specialty propcraft, or
37   vessel if he is younger than 16 sixteen years of age, unless
38   accompanied by an adult, eighteen years or older, who is not under
39   the influence of alcohol, drugs, or a combination of them.
40   However, a person younger than sixteen years of age may operate
41   a personal watercraft, specialty propcraft, or vessel without being
42   accompanied by an adult if one or more of the following applies:


     [528]                            27
 1           ( i) the person completes a boating safety program as
 2   administered by the Department of Natural Resources; or
 3           ( ii) the person completes a boating safety program
 4   approved by the Department of Natural Resources.;
 5           (iii) anyone operating a vessel with less than 15 fifteen
 6   horsepower engine will not be required to take the boating safety
 7   program.
 8        (b) It is unlawful for a person who has temporary or
 9   permanent responsibility for a child to knowingly or wilfully
10   violate item (11)(9) of subsection (B).
11        (c) The Department of Natural Resources shall promulgate
12   regulations relating to boating safety programs administered by the
13   department or subject to its approval.”
14
15   SECTION 17. Section 50-21-870(B)(6) of the 1976 Code is
16   amended to read:
17
18     “(6) operate a personal watercraft, specialty propcraft, or vessel
19   while upon the waters of this State in excess of idle speed within
20   50 feet of a moored or an anchored vessel, wharf, dock, bulkhead,
21   pier, or a person in the water, or within 100 yards of the Atlantic
22   Ocean coast line;. The prohibitions contained in this item (6) do
23   not apply to an unoccupied, moored vessel or watercraft;”
24
25   SECTION 18. Section 50-23-70(A) of the 1976 Code, as
26   amended by Act 181 of 1993, is further amended to read:
27
28      “(A) A fee of three dollars shall accompany is required for each
29   application for a certificate of title, as required by the provisions of
30   this chapter, with the exception of except for those applications for
31   duplicates of certificates of title for which must be accompanied by
32   a the fee of is one dollar. Any watercraft which is propelled by
33   land hand with oar, paddle, or similar device shall not require a
34   certificate of title unless the owner requests such a certificate.”
35
36   SECTION 19. Section 50-23-220 of the 1976 Code, as last
37   amended by Act 181 of 1993, is further amended to read:
38
39     “Section 50-23-220. All fees received and money collected
40   under the provisions of this chapter must be deposited in the State
41   Treasury and set apart in a special fund. Appropriations from this
42   fund must be used for the expenses of the department in


     [528]                              28
 1   administering the provisions of this chapter or for any purpose
 2   related to the mission of the department.
 3      All fees received and money collected under the provisions of
 4   this chapter must be deposited in the State Treasury and set apart
 5   in a special fund. Appropriations from this fund must be used for
 6   the expenses of the department in administering the provisions of
 7   this chapter or for any purpose related to the mission of the
 8   department.”
 9
10   SECTION 20. Chapter 23, Title 50 of the 1976 Code is
11   designated and named “Watercraft and Outboard Motors”.
12   Sections 50-23-10 through and inclusive of 50-23-290 are
13   designated Article 1, Chapter 23, Title 50, and named “Titling of
14   Watercraft and Outboard Motors”. Article 3, Chapter 21, Title 50
15   of the 1976 Code is redesignated as Article 3, Chapter 23, Title 50
16   and named “Numbering”. The Code Commissioner is directed to
17   renumber the sections of Article 3, Chapter 21, Title 50 in a
18   manner consistent with the intent of this section.
19
20   SECTION 21. Sections 50-21-390, 50-21-410, and 50-23-10 are
21   repealed.
22
23   SECTION 22. This act takes effect upon approval by the
24   Governor. Rights and liabilities, and cases and appeals arising or
25   pending under the law prior to the effective date of this act, are
26   saved.
27                              ----XX----




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