Senate Amendment RFH-1
S 96 - Session 125 (2023-2024)
Boating safety and education program
View Vote History

Senator Campsen proposes the following amendment (SFGF-96.BC0023S):

Amend the bill, as and if amended, SECTION 2, by striking Section 50-21-90(B) and inserting:

 (B) The following persons must be issued a South Carolina boating safety certificate in both physical and electronic forms by the department:

  (1) a person who successfully completes a boating safety education course administered or approved by the department;

  (2) a person who provides satisfactory proof to the department that the person was issued a boating safety certificate, or an equivalency, by another state; and

  (3) a person who provides satisfactory proof to the department that the person was issued a license to operate a vessel by the United States Coast Guard or was issued a merchant mariner credential by the United States Coast Guard.

Amend the bill further, SECTION 2, by striking Section 50-21-90(D) and inserting:

(D) The department must maintain a database of all persons issued a South Carolina boating safety certificate. 

Amend the bill further, SECTION 3, by striking Section 50-21-95(A) and inserting:

(A)  It is unlawful for a person to operate upon the waters of this State a vessel powered by an engine of ten horsepower or greater or equivalent to ten horsepower or greater, a personal watercraft, or a specialty propcraft unless the person:

  (1) was born on or before July 1, 2007;

  (2) is in possession of a South Carolina boating safety certificate issued in the person's name or is documented by the department as having been issued a South Carolina boating safety certificate;

  (3) is in possession of a license to operate a vessel issued by the United States Coast Guard in the person's name, regardless of the expiration date on the license;

  (4) is in possession of a merchant mariner credential issued by the United States Coast Guard in the person's name, regardless of the expiration date on the credential;

  (5) is a nonresident in possession of a boating safety certificate, or an equivalency, issued by another state in the nonresident's name;

  (6) is operating a vessel, personal watercraft, or specialty propcraft from a business engaged in the renting of vessels, personal watercrafts, or specialty propcrafts and is in possession of a valid boat rental safety certificate issued in the person's name; or

  (7) is accompanied by a person at least eighteen years old who meets one of the criteria in items (1) through (5) of this subsection.

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Amend the bill further, by striking SECTION 6 and inserting:

SECTION 6.This act takes effect sixty days after approval by the Governor.