House Amendment 1
H 3433 - Session 125 (2023-2024)
Saltwater privileges, suspension

The Committee on Agriculture, Natural Res. and Environmental Affairs proposes the following amendment (LC-3433.PH0002H):

Amend the bill, as and if amended, SECTION 2, by striking Section 50-5-2515 and inserting:

Section 50-5-2515.(A) Upon determination by the department that a person or entity has accumulated sufficient points to warrant the suspension of any saltwater privilege, the department must notify the person or entity in writing, return receipt requested, that his saltwater privilege has been suspended, and the person or entity must return all the suspended licenses, stamps, or permits in his name to the department within ten days.

(B) The person may, within thirty days after notice of suspension, request in writing a review, and upon receipt of the request, the department shall afford him a review. The department shall notify him of the date, time, and place of the review and the person shall have the right to have his attorney present with him.

(C) A person or entity whose privileges have been suspended may appeal the decision of the department under the Administrative Procedures Act.

Amend the bill further, by striking SECTION 4 and inserting:

SECTION X. Section 50-9-1150(B) and (C) of the S.C. Code is amended to read:

(B) The person may, within tenthirty days after notice of suspension, request in writing a review, and upon receipt of the request, the department shall afford him a review. The department shall notify him of the date, time, and place of the review and the person shall have the right to have his attorney present with him if he so desires.

(C) If the person requests a review, the suspension shall be held in abeyance until the day of the final disposition of his review by the department and if the suspension is upheld, the suspension shall commence on the eleventh day thereafter and end on the same day of the following year. The review by the department shall be limited to a determination of the validity of the violations and points assessed. No probationary authority is given to the department by discretion or otherwise.A person or entity whose privileges have been suspended may appeal the decision of the department under the Administrative Procedures Act.