reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-180. Riding surfboard near fishing piers.

It shall be unlawful to ride a surfboard within one hundred yards of any fishing pier in Game Zone No. 7 and Georgetown County.
Anyone violating the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days.
HISTORY: 1993 Act No. 181, Section 1263; 2000 Act No. 245, Section 20.
Editor's Note
2000 Act No. 245, Section 20 redesignated Section 50-13-990 as Section 50-21-180.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-190. Abandoning watercraft or outboard motor; penalty; removal.

(A) It is unlawful to abandon a watercraft or outboard motor on the public lands or waters of this State or on private property without permission of the property owner. This section does not apply to persons who abandon a watercraft in an emergency for the safety of the persons onboard; however, after the emergency is over, the owner and operator of the abandoned watercraft shall make a bona fide attempt to recover the watercraft.
(B) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one thousand dollars nor more than five thousand dollars or imprisoned up to thirty days, or both. In addition, the owner must remove the abandoned watercraft within fourteen days of conviction. The magistrates and municipal courts are vested with jurisdiction for cases arising under this section.
(C) An abandoned watercraft as identified by the department may be removed at the risk and expense of the owner and disposed of by any governmental agency that has jurisdiction over the area where the abandoned watercraft is located.
(D) The department must conduct investigations of any watercraft subject to the provisions of this section to determine the status of the watercraft as abandoned. The department must send written notice and make additional reasonable efforts to notify the last known owner, if any, of the status of the watercraft. If efforts to notify fail, then the department must post a notice on the watercraft advising that the watercraft is abandoned. If the owner claims the watercraft within forty-five days of the date the notice is posted, the watercraft is not considered abandoned.
(E) A watercraft identified by the department as abandoned for at least ninety days may be claimed by any person or entity as abandoned property.
HISTORY: 2008 Act No. 321, Section 4, eff 6 months after approval (approved June 16, 2008); 2011 Act No. 21, Section 1, eff May 9, 2011.
Effect of Amendment
The 2011 amendment rewrote subsection (C); and added subsections (D) and (E).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-610. Regulations of Division as to construction, equipment, and other safety standards.

(1) The department may promulgate regulations which establish boat construction or associated equipment performance or other safety standards.
(2) In order that boatmen may pass from jurisdiction to jurisdiction in an unhindered manner:
(a) Regulations promulgated by the department which establish any boat construction or associated equipment, performance or other safety standard shall be identical to Federal Regulations for enforcement purposes except that regulations requiring the carrying or using of marine safety articles to meet uniquely hazardous conditions or circumstances within this State may be adopted; and if regulations for such safety articles are not disapproved by the United States Coast Guard, regulations shall not be in conflict with Federal requirements;
(b) Operational regulations and other equipment regulations such as for mufflers shall not be in conflict with Federal requirements.
HISTORY: 1962 Code Section 70-295.41; 1955 (49) 299; 1959 (51) 409; 1961 (52) 588; 1962 (52) 2186; 1970 (56) 2331; 1971 (57) 2012; 1972 (57) 2791; 1974 (58) 2678; 1993 Act No. 181, Section 1269.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-710. Placing of aids to navigation and regulatory markers; certain conduct prima facie evidence of negligence; prohibited acts.

(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 promulgate regulations for the uniform marking of the 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. 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 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) All no wake zones heretofore established are considered established pursuant to the authority of this section.
(G) 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 this chapter.
HISTORY: 1962 Code Section 70-295.43; 1972 (57) 2791; 1974 (58) 2678; 1993 Act No. 184, Section 249; 1993 Act No. 181, Section 1269; 1999 Act No. 124, Section 2.O; 2006 Act No. 289, Section 9.A; 2008 Act No. 321, Section 5, eff 6 months after approval (approved June 16, 2008).
Effect of Amendment
The 2008 amendment added subsection (F) relating to no wake zones and redesignated subsection (F) as subsection (G).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-810. Motorboat towing person on water skis or similar device to have observer or rear-view mirror.

No person shall operate a motorboat on any waters of this State for towing a person or persons on water skis, or an aquaplane, or similar device, unless there is in such motorboat a person, in addition to the operator, in a position to observe the progress of the person or persons being towed or such motorboat is equipped with a wide-angle rear-view mirror mounted in such a manner as to permit the operator of the motorboat to observe the progress of the person or persons being towed.
HISTORY: 1962 Code Section 70-295.51; 1955 (49) 299; 1959 (51) 409; 1993 Act No. 181, Section 1269.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-820. Water skiing, surfboarding, and similar activity prohibited during certain hours.

No person shall operate a vessel on any waters of this State towing a person or persons on water skis, aquaplane, a surfboard, or similar devices, nor shall any person be engaged in water skiing, aquaplaning, surfboarding, or similar activity at any time between the hours from sunset to sunrise.
HISTORY: 1962 Code Section 70-295.52; 1955 (49) 299; 1959 (51) 409; 1972 (57) 2791; 1993 Act No. 181, Section 1269.
Code Commissioner's Note
At the direction of the Code Commissioner, "be" was inserted before "engaged."
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-830. Exemptions.

The provisions of Sections 50-21-810 and 50-21-820 do not apply to a performer engaged in a professional exhibition or a person or persons engaged in an activity authorized under Section 50-21-1010.
HISTORY: 1962 Code Section 70-295.53; 1955 (49) 299; 1959 (51) 409; 1972 (57) 2791; 1993 Act No. 181, Section 1269.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-840. Certain conduct which endangers person on water skis, surfboard, or similar device prohibited.

No person shall operate or manipulate any vessel, tow rope or other device by which the direction or location of water skis, a surfboard, or similar device may be affected or controlled in such a way as to cause the water skis, surfboard, or similar device, or any person thereon to collide with or strike against any object or person.
HISTORY: 1962 Code Section 70-295.54; 1955 (49) 299; 1959 (51) 409; 1993 Act No. 181, Section 1269.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-850. Ski belt, life preserver, or similar equipment required; exceptions.

(A) No person may water ski or ride on any object being towed by a motorized watercraft unless he is wearing a United States Coast Guard approved personal flotation device, Type I, Type II, Type III, or Type V. Each personal flotation device must be fastened properly, in good and serviceable condition, and the proper size for the person wearing it.
(B) The following persons are exempt from the requirements of this section:
(1) participants in scheduled water ski tournaments or shows sponsored by a recognized water ski club;
(2) persons holding ratings of first class or higher in the American Water Ski Association;
(3) windsurfers, surfboarders, and sailboarders.
HISTORY: 1962 Code Section 70-295.55; 1955 (49) 299; 1961 (52) 588; 1984 Act No. 502, Section 1; 1993 Act No. 181, Section 1269; 1996 Act No. 420, Section 1.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-855. Enforcement of regulations affecting windsurfers and sailboarders.

Notwithstanding any other provision of law or Regulation 123.1 of the department, the department may not enforce any regulation requiring windsurfers and sailboarders to wear or carry personal flotation devices.
HISTORY: 1984 Act No. 502, Section 2; 1993 Act No. 181, Section 1269.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-860. Restrictions on use of airboats.

As used in this section, "airboat" means a watercraft propelled by air pressure caused by a motor mounted on the watercraft aboveboard.
(A) It is unlawful for a person to operate an airboat on the public waters of this State from the freshwater-saltwater dividing line, established by Section 50-17-30, seaward.
(B) It is unlawful to operate an airboat on the waters of the Waccamaw, the Great Pee Dee, the Little Pee Dee, the Black, and the Sampit Rivers in Georgetown and Horry Counties from one hour before legal sunset to one hour after legal sunrise and anytime during the season for hunting duck.
(C) It is unlawful to operate an airboat on the waters of that portion of Lake Marion and Santee Swamp west of the I-95 bridge upstream to the confluence of the Congaree and Wateree Rivers during the season for hunting waterfowl.
(D) It is unlawful to operate an airboat on the waters of the Broad River in Richland County from one hour before legal sunset to one hour after legal sunrise.
(E) It is unlawful to operate an airboat on the waters of Stevens Creek in Edgefield County from one hour before legal sunset to one hour after legal sunrise.
A person violating the provisions of this section, upon conviction, must be punished as provided by Section 50-1-130.
The provisions of this section do not apply to the operation of airboats by law enforcement, emergency medical, civil defense, noxious weed control, military personnel, state and federally approved wildlife banding, surveying, biological research programs, and private waters.
HISTORY: 1988 Act No. 430, Section 1; 1993 Act No. 181, Section 1269; 1996 Act No. 420, Section 2; 2022 Act No. 133 (H.3889), Section 1, eff April 11, 2022; 2023 Act No. 39 (H.3689), Section 1, eff May 16, 2023.
Effect of Amendment
2022 Act No. 133, Section 1, in (B), substituted "hunting duck" for "hunting waterfowl".
2023 Act No. 39, Section 1, inserted (D) and (E).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 21 - Equipment And Operation Of Watercraft › Section 50-21-1010. Regulation of regattas, races, and similar exhibitions.

(1) The department may regulate the holding of regattas, races, marine parades, tournaments or exhibitions which, by their nature, circumstance or location will introduce extra or unusual hazards to the safety of life on any waters of this State. It shall adopt and may amend regulations concerning the safety of boats, motorboats and vessels and persons thereon, either observers or participants. Whenever a regatta, race, marine parade, tournament or exhibition is proposed to be held the person in charge thereof shall, at least thirty days prior thereto, file an application with the department for permission to hold such regatta, motorboat or other boat race, marine parade, tournament or exhibition. The application shall set forth the date, time and location where it is proposed to hold such regatta, race, marine parade, tournament or exhibition and such other information as the department may by regulation require and it shall not be conducted without written authorization of the department.
(2) The provisions of this section shall not exempt any person from compliance with applicable Federal law or regulation but nothing contained herein shall be construed to require the securing of a State permit pursuant to this section if a permit therefor has been obtained from an authorized agency of the United States.
HISTORY: 1962 Code Section 70-295.56; 1955 (49) 299; 1959 (51) 409; 1972 (57) 2791; 1993 Act No. 181, Section 1269.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-10. Marine dealer's permits.

Each entity desiring to be a marine dealer shall apply for a permit each year. A permit is valid from January first to December thirty-first. The permit cost is ten dollars. Applications for renewals must be received by December fifteenth each year. A marine dealer shall have an established place of business with a street address separate from a residence. A marine dealer shall have a valid business license and permit for each separate facility. A facility is separate if it is not within the same compound or has a separate street address. Marine dealers who sell new or used watercraft shall sell a minimum of ten watercraft or outboard motors a year in order to renew the permit. A dealer who fails to meet minimum requirements each year may request in writing a review of the permit and sales. After review of the dealer's records and after good cause has been shown by the dealer for not meeting the minimum requirements, the department may renew the permit for the calendar year. Permitted marine dealers may apply for demonstration numbers. Marine dealers permitted under this article consent to inspections of the business and its records during regular business hours by department personnel and other law enforcement officers. A dealer who fails to cooperate with department inspections forfeits his permit. A marine dealer permit is invalid when a change is made to one or more of the following:
(1) location address;
(2) federal employer identification number;
(3) South Carolina tax number;
(4) ownership; or
(5) business name.
HISTORY: 2008 Act No. 344, Section 4, eff six months after approval (approved June 11, 2008).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-12. Change in status forms required for trade-ins.

A permitted marine dealer that accepts any watercraft or outboard motor as a trade-in must obtain from the owner a completed change in status form indicating the trade-in. The dealer must submit the form to the department within thirty days in the manner prescribed.
HISTORY: 2018 Act No. 223 (H.4715), Section 6, eff January 1, 2020.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-15. Repealed by 2008 Act No. 344, Section 30, eff 6 months after approval (approved June 11, 2008).

Editor's Note
Former Section 50-23-15 was entitled "Review when dealer fails to meet minimum requirements for permit; renewal for good cause" and was derived from 1993 Act No. 128, Section 19.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-20. Watercraft titles; notification of transfer.

Any watercraft or outboard motor, or both, held or principally used in this State must be titled by the department. An owner of a watercraft or outboard motor titled in this State must notify the department within thirty days if ownership is transferred to another person, entity, or transferred out of state or otherwise disposed.
HISTORY: 1962 Code Section 70-295.102; 1971 (57) 915; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 6, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment rewrote this section, adding the sentence relating to notification of transfer of ownership.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-24. Boat liveries prohibited from leaving premises unless properly registered, numbered, and titled.

Neither the owner of a boat livery nor his agent or employees may permit any of his vessels to depart from his premises unless it is registered properly, numbered, and titled.
HISTORY: 1989 Act No. 190, Section 4; 1993 Act No. 181, Section 1270.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-30. Exemptions.

Watercraft documented by the United States Coast Guard or its predecessor or successor agency and water skis, aquaplanes, surfboards, windsurfers, and similar devices, and those watercraft propelled exclusively by human power are not required to be titled.
HISTORY: 1962 Code Section 70-295.103; 1971 (57) 915; 1989 Act No. 190, Section 5; 1993 Act No. 128, Section 17; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 7, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-35. Watercraft title issuance; tax payment proof required; exceptions.

(A) No title for a watercraft or outboard motor may be issued by the department if currently titled in this State or titled or registered in another state unless it is accompanied by a receipt from the applicant's appropriate county official stating payment of ad valorem taxes due for the tax year in which the ownership was initiated has been paid. Applications submitted more than one year after ownership was initiated must be accompanied by paid tax receipts for all subsequent years up to the date the application was accepted by the department.
(B) A title for a watercraft or outboard motor sold by a permitted marine dealer is exempt from the requirement for a paid tax receipt and may be titled by the department without the receipt indicating ad valorem taxes have been paid. The department must transmit daily a list of the titles and certificates of registration issued under this exemption to the respective county official for collection of ad valorem taxes.
(C) No receipt is required for a watercraft or outboard motor designated as exempt from ad valorem taxes by the appropriate county official, provided that each county makes such a determination when a watercraft or outboard motor is titled in their respective county.
HISTORY: 2018 Act No. 223 (H.4715), Section 7, eff January 1, 2020.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-40, 50-23-50. Repealed by 2008 Act No. 344, Section 30, eff 6 months after approval (approved June 11, 2008).

Editor's Note
Former Section 50-23-40 was entitled "Sale or purchase without certificate of title prohibited" and was derived from 1962 Code Section 70-295.104; 1971 (57) 915; 1993 Act No. 181, Section 1270.
Former Section 50-23-50 was entitled "Certificate as prerequisite to acquisition of right or title; recognition of right or title by courts" and was derived from 1962 Code Section 70-295.105; 1971 (57) 915; 1993 Act No. 181, Section 1270.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-55. Certificate of title as evidence of ownership; watercraft from other states.

(A) A certificate of title to a watercraft or outboard motor is prima facie evidence of ownership of a watercraft or outboard motor. All watercraft and outboard motors subject to the titling requirements of this chapter must be titled.
(B) No person may acquire a watercraft or outboard motor, subject to the titling requirements of this chapter, without obtaining a certificate of title or in the case of a new watercraft or outboard motor a manufacturer's or importer's statement of origin reflecting the person acquiring the watercraft or outboard motor as the original purchaser as provided in this chapter. In the case of watercraft or outboard motors from other jurisdictions that do not require titling, a bill of sale and proof of registration may be substituted for the title.
(C) No person may dispose of a watercraft or outboard motor subject to the titling provisions of this chapter without transferring to the person acquiring the watercraft or outboard motor a certificate of title reflecting the transfer of the watercraft or outboard motor. In the case of new watercraft, a manufacturer's statement of origin must be delivered to the purchaser. In the case of watercraft or outboard motors from other states or foreign jurisdictions, which do not title such watercraft or outboard motors, a bill of sale and proof of registration may be substituted.
HISTORY: 2008 Act No. 344, Section 8, eff six months after approval (approved June 11, 2008).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-65. Repealed by 2008 Act No. 344, Section 30, eff 6 months after approval (approved June 11, 2008).

Editor's Note
Former Section 50-23-65 was entitled "Marine dealer permit invalidated by certain alterations" and was derived from 1993 Act No. 128, Section 2.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-70. Fee for certificate of title; issuance of duplicates; volunteer rescue squad watercraft exception.

(A) The fee for a certificate of title for a watercraft is ten dollars, and the fee for a certificate of title for an outboard motor is ten dollars.
(B) If a certificate of number or decals are lost, destroyed, or become illegible, the department may issue a duplicate.
(C) The fee for providing a duplicate document or decal is five dollars.
(D) The provisions of this section requiring a fee do not apply to the watercraft owned by volunteer rescue squads used exclusively for the purpose of the squads.
(E) The department must not issue a duplicate document for a certificate of number decal, certificate of number card, outboard motor decal, or watercraft title decal if the department has notice that ad valorem taxes are due.
HISTORY: 1962 Code Section 70-295.107; 1971 (57) 915; 1977 Act No. 216, Section 2; 1984 Act No. 512, Part II, Section 54B; 1993 Act No. 181, Section 1270; 1999 Act No. 100, Part II, Section 64.E; 1999 Act No. 124, Section 2.R; 2008 Act No. 344, Section 10, eff six months after approval (approved June 11, 2008); 2018 Act No. 223 (H.4715), Section 2, eff January 1, 2020.
Code Commissioner's Note
At the direction of the Code Commissioner, the amendments to Section 50-23-70(A) by 1999 Act 100, Section 64.E, and Act 124, Section 2.R, were read together.
Effect of Amendment
The 2008 amendment rewrote subsection (A), raising the fee from five to ten dollars; added subsections (B) and (C) relating to duplicate certificates; and redesignated subsection (B) as subsection (D).
2018 Act No. 223, Section 2, added (E), prohibiting the department from issuing duplicate decals when ad valorem taxes are outstanding.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-80. Processing of applications and issuance of certificates; records to be kept by department; withholding issuance of certificate.

(A) The department shall file each application for certificate of title which is received by it, provided it is accompanied by the required fee and complies in all other respects with this chapter. When satisfied that the application is in proper form, that the applicant is the owner of the watercraft or outboard motor, and that there is no security interest in the watercraft or outboard motor not disclosed in the application, the department shall issue a certificate of title to the watercraft or outboard motor.
(B) The department shall maintain a record of all certificates of title issued by it:
(1) Under a distinctive title number assigned to a watercraft or outboard motor;
(2) Under the identification number awarded to a watercraft in accordance with the registration and numbering act of the state in which it is registered. If the State requires outboard motors to be registered separately, the department shall keep the motor registration numbers in its titling records;
(3) Alphabetically, under the name of the owner; and
(4) In the discretion of the department, in any other method it determines.
(C) All records of the department relating to the titling of watercraft or outboard motors shall be public records.
(D) If the department is not satisfied that the applicant for a certificate of title to a watercraft or outboard motor is the bona fide owner of such watercraft or outboard motor and that there is no security interest in it not disclosed in the application, the department shall withhold the issuance of a certificate of title until the applicant reasonably satisfies the department that the applicant is the owner of the watercraft or outboard motor and that there are no undisclosed security interests in it.
HISTORY: 1962 Code Section 70-295.108; 1971 (57) 915; 1993 Act No. 181, Section 1270.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-90. Contents of certificate; effect as evidence.

(a) Each certificate of title issued by the department shall contain:
(1) The date issued;
(2) The name and address of the owner;
(3) The names and addresses of any lienholders, in the order of priority as shown on the application or, if the application is based on a certificate of title, as shown on the certificate;
(4) The title number assigned to the watercraft or outboard motor;
(5) A description of the watercraft or outboard motor including its make, model, model year, or year of manufacture, horsepower, registration number, and manufacturer's serial number or, hull number assigned to the watercraft by the department, length, and the principal material used in construction;
(6) On the reverse side of the certificate, spaces for assignment of title by the owner or by the dealer and for a warranty that the signer is the owner and that there are no mortgages, liens or encumbrances on the watercraft or outboard motor except as are noted on the face of the certificate of title; and
(7) Any other data the department prescribes.
(b) A certificate of title issued by the department is prima facie evidence of the facts appearing on it.
HISTORY: 1962 Code Section 70-295.109; 1971 (57) 915; 1981 Act No. 94, Section 17; 1985 Act No. 47, Section 1; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 11, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment, in paragraph (a)(5), added "or outboard motor" and "horsepower,", substituted "model year, or" for "or year model," and moved it to precede "year of manufacture,", and deleted "if none, the builder's" preceding "hull number".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-100. Repealed by 2008 Act No. 344, Section 30, eff 6 months after approval (approved June 11, 2008).

Editor's Note
Former Section 50-23-100 was entitled "Certificates issued in duplicate" and was derived from 1962 Code Section 70-295.110; 1971 (57) 915; 1993 Act No. 181, Section 1270.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-110. Statement of origin.

(a) No dealer shall acquire a new watercraft or outboard motor without obtaining from the seller a manufacturer's or importer's statement of origin.
(b) No manufacturer, importer, dealer, or other person shall sell or otherwise dispose of a new watercraft or outboard motor to a dealer without delivering to the dealer a manufacturer's or importer's statement of origin.
(c) The manufacturer's or importer's statement of origin must be a uniform or standardized form prescribed by the department and must contain:
(1) for a watercraft, the description of watercraft including its make, year of manufacture, or model year, and manufacturer's hull identification number, length, and construction, for an outboard motor the description including its make, model, year of manufacture, or model year, manufacturer's serial number, and horsepower;
(2) certification of date of transfer of watercraft or outboard motor, and name and address of transferee;
(3) certification that this was a transfer of watercraft or outboard motor in ordinary trade and commerce;
(4) the signature and address of a representative of the transferor; and
(5) on the reverse side of each manufacturer's or importer's statement of origin an assignment form, including the name and address of the transferee, a certification that the watercraft or outboard motor is new, and a warranty that the title at the time of delivery is subject only to liens and encumbrances set forth and described in full in the assignment.
HISTORY: 1962 Code Section 70-295.111; 1971 (57) 915; 1989 Act No. 190, Section 8; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 12, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment substituted "statement of origin" for "certificate" throughout; in subsection (a), deleted "purchase or" preceding "acquire"; in subsection (b), deleted "for purposes of display and resale" preceding "without delivering"; and rewrote paragraph (c)(1).
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-120. Assignment and warranty of title; transferee or purchaser to obtain new certificate of title.

(a) The owner at the time of delivery of the watercraft or outboard motor shall execute the assignment and warranty of title to the transferee in the space provided on the back of the certificate of title. If the title is voided, due to a change, cancellation of an assignment on a title due to error, or failure of a purchase to materialize the owner, shall make application for a duplicate title within thirty days.
(b) The transferee or purchaser shall obtain a new certificate of title by application to the department accompanied by the required fee and upon the form or forms prescribed and furnished by the department. This application for certificate of title must be filed within thirty days after the delivery to him of the watercraft or outboard motor.
HISTORY: 1962 Code Section 70-295.112; 1971 (57) 915; 1979 Act No. 66, Section 3; 1989 Act No. 190, Section 9; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 13, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment, in subsection (a), in the second sentence substituted "If" for "In the event" and "thirty days" for "five days"; in subsection (b), in the second sentence substituted "thirty days" for "twenty days"; and deleted subsections (c) and (d) relating to liens and lienholders.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-125. Electronic transmission of information for watercraft title.

(A) In lieu of paper documents, the department is authorized to transmit and receive the following information through secure electronic means for a certificate of title:
(1) the title for a watercraft or outboard motor with any liens or security interests;
(2) to the first lienholder on the title, the addition of subsequent liens; and
(3) the discharge of a security interest or lien from a lienholder on the title.
The certificate of title record must contain the same information noted on a paper certificate of title. Upon receipt of the discharge of the final lien, a clear title must be printed and conveyed to the owner at the address on file with the department. The provisions of this section do not alter the priority of lienholders and encumbrances against a certificate of title. A duly certified copy of the department's electronic record of the lien is admissible in a civil, criminal, or administrative proceeding as evidence of existence of the lien.
(B) The department is authorized to collect an electronic transaction fee not to exceed five dollars for each transaction from commercial parties who transmit or retrieve data from the department pursuant to this section. The fee collected by the department is an official fee and must be used to defray the expenses of the electronic lien program.
(C) Notwithstanding Sections 37-2-202 and 37-3-202, commercial entities and lenders who transmit or receive data from the department pursuant to the provisions of this section may collect an electronic transfer fee not to exceed five dollars for each transaction from the owners of watercraft or outboard motors. A fee charged by the department related to a titled watercraft or outboard motor for the purposes of transmittal or retrieval of this data is deemed an official fee as referenced in Sections 37-2-202 and 37-3-202.
(D) All businesses and commercial lenders who are regularly engaged in the business or practice of selling watercraft or outboard motors as a licensed dealer pursuant to this chapter or in the business or practice of financing watercraft or outboard motors shall utilize the electronic lien system to transmit and retrieve electronic lien information. The department shall maintain contact information on its website for service providers utilizing an electronic interface between the department, lienholders, and sellers of watercraft or outboard motors. The department must establish procedures to ensure compliance with the use of the electronic lien system and provide for valid exceptions as determined by the department.
HISTORY: 2021 Act No. 78 (H.3884), Section 1, eff July 1, 2022.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-130. Transfer of ownership by operation of law; termination of ownership in accordance with security agreement.

(a) If the ownership of a watercraft or outboard motor is transferred by operation of law, such as by inheritance, devise or bequest, order in bankruptcy, insolvency, replevin, or execution sale, or satisfaction of mechanic's lien, or repossession upon default in performance of the terms of a security agreement, the transferee shall, except as provided in subsection (b), promptly mail or deliver to the department the last certificate of title, if available, or the manufacturer's or importer's statement of origin, or, if that is not possible, satisfactory proof of the transfer of ownership, and his application for a new certificate of title accompanied by the required fee, and upon the appropriate form or forms prescribed and furnished by the department.
(b) If the ownership of a watercraft or outboard motor is terminated in accordance with the terms of a security agreement by a lienholder named in the certificate of title, the transferee shall promptly mail or deliver to the department the last certificate of title, his application for a new title accompanied by the required fee and upon the form or forms prescribed and furnished by the department, and an affidavit by the lienholder or his authorized representative, setting forth the facts entitling him to possession and ownership of the watercraft or outboard motor, together with a copy of the journal entry, court order or instrument upon which such claim of possession and ownership is founded. If the lienholder cannot produce such proof of ownership, he may submit such evidence as he has with his application to the department, and the department may, if it finds the evidence to be satisfactory proof of ownership, issue a new certificate of title.
(c) If a lienholder succeeds to the interest of an owner in a watercraft or outboard motor by operation of law and holds such watercraft or outboard motor for resale, he need not secure a new certificate of title thereto but, upon transfer to another person, shall promptly mail or deliver to the transferee or to the department the certificate, affidavit and such other documents as the department may require.
HISTORY: 1962 Code Section 70-295.113; 1971 (57) 915; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 14, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment, in subsection (a), substituted "certificate of origin" for "certificate".
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-135. Repealed by 2008 Act No. 344, Section 30, eff 6 months after approval (approved June 11, 2008).

Editor's Note
Former Section 50-23-135 was entitled "Notice of possession of abandoned, junked, or similar watercraft" and was derived from 1989 Act No. 190, Section 10; 1993 Act No. 181, Section 1270.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-150. Lost, stolen, or mutilated certificate; issuance of duplicate certificate.

(a) If a certificate of title is lost, stolen, mutilated or destroyed or becomes illegible, the first lienholder or, if none, the owner or legal representative of the owner named in the certificate, as shown by the records of the department, may obtain a duplicate by application to the department, furnishing such information concerning the original certificate and the circumstances of its loss, mutilation or destruction as may be required by the department.
(b) The duplicate certificate of title shall be a certified copy plainly marked "duplicate" across its face. It shall be mailed to the first lienholder named in it or, if none, to the owner.
(c) In case an original certificate of title is mutilated or rendered illegible, such mutilated or illegible certificate shall be returned to the department with the application for a duplicate.
(d) In the event a lost or stolen original certificate of title for which a duplicate has been issued is recovered, it shall be surrendered promptly to the department for cancellation.
HISTORY: 1962 Code Section 70-295.115; 1971 (57) 915; 1993 Act No. 181, Section 1270.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-160. Repealed by 2008 Act No. 344, Section 30, eff 6 months after approval (approved June 11, 2008).

Editor's Note
Former Section 50-23-160 was entitled "Cancellation of certificate when watercraft or outboard motor is destroyed" and was derived from 1962 Code Section 70-295.116; 1971 (57) 915; 1993 Act No. 181, Section 1270.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-180. Stolen or converted watercraft or outboard motor; records of reports of theft or conversion; notification of recovery.

(a) Every law enforcement agency, peace officer, owner, or insurer in the State, having knowledge of a stolen or converted watercraft or outboard motor, immediately shall furnish the department with full information concerning the theft or conversion.
(b) The department, whenever it receives a report of the theft or conversion of a watercraft or outboard motor, shall make a record of it, including the make of the stolen or converted watercraft or outboard motor and its hull number or serial number, and shall file the same in the numerical order of the hull number or serial number with the index records of the watercraft or outboard motors of such make. The department shall prepare a report listing watercraft and outboard motors stolen and recovered as disclosed by the reports submitted to it, to be distributed as it deems advisable.
(c) In the event of the recovery of a stolen or converted watercraft or outboard motor, the owner or insurer immediately shall notify the department in writing.
(d) Law enforcement agencies shall notify the department of recovery of any stolen watercraft or outboard motor immediately.
HISTORY: 1962 Code Section 70-295.118; 1971 (57) 915; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 16, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment, in subsection (a), added "law enforcement agency," and ", owner, or insured"; in subsection (b), in the first sentence substituted "hull number or" for "manufacturer's or assigned" in two places preceding "serial number"; in subsection (c), added "or insurer" and at the end substituted "in writing" for ", who shall remove the record of the theft or conversion from its file" added subsection (d) relating to notification of recovery by law enforcement agencies; and made nonsubstantive language changes throughout.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-185. Inspection of watercraft related facilities.

Any law enforcement officer may inspect a junkyard, scrap metal processing facility, salvage yard, marina, repair shop, boat yard, dry dock, licensed business buying, selling, displaying, trading watercraft or outboard motors, new and used or parts of watercraft and outboard motors, or both, parking lots, and public garages or any other person dealing with salvaged watercraft or outboard motors or parts of them.
The physical inspection must be conducted while an employee or owner is present and must be for the purpose of locating stolen watercraft or outboard motors, investigating the titling or registration of watercraft or outboard motors wrecked or dismantled.
HISTORY: 1989 Act No. 190, Section 12; 1993 Act No. 181, Section 1270.
2023 South Carolina Code of Laws › Title 50 - Fish, Game and Watercraft › Chapter 23 - Watercraft And Outboard Motors › Section 50-23-190. Unlawful acts; possession, operation, or transfer without certificate; failure to surrender certificate; improper disposal of rejected or defective hull or motor.

No person may:
(1) be in possession of or operate on the waters of this State a watercraft or an outboard motor for which a certificate of title is required unless a certificate of title has been issued to the owner;
(2) be in possession of or operate on the waters of this State a watercraft or an outboard motor for which a certificate of title is required upon which the certificate of title has been canceled;
(3) be in possession of or operate on the waters of this State a sailboat or outboard motor required to be titled without properly displaying the title decal;
(4) sell, transfer, or otherwise dispose of a watercraft or an outboard motor without delivering to the purchaser or transferee a certificate of title or a manufacturer's or importer's statement of origin assigned to the purchaser or transferee as required by this chapter;
(5) fail to surrender to the department a certificate of title upon cancellation of the title by the department for a valid reason set forth in this chapter or regulations adopted pursuant to it; or
(6) dispose of a rejected or defective watercraft hull or outboard motor in the manufacturing process except by upgrading the hull to meet United States Coast Guard requirements or destroying the hull or outboard motor.
HISTORY: 1962 Code Section 70-295.119; 1971 (57) 915; 1989 Act No. 190, Section 13; 1993 Act No. 128, Section 12; 1993 Act No. 181, Section 1270; 2008 Act No. 344, Section 17, eff six months after approval (approved June 11, 2008).
Effect of Amendment
The 2008 amendment added item (3) relating to sailboats and outboard motors required to be titled; redesignated items (3) to (5) as items (4) to (6); and, in item (4), substituted "statement of origin" for "certificate".