South Carolina H 3729: Abuse or neglect, mandated reporting

Bill Text

2025-2026 Bill 3729 Text of Previous Version (Jan. 29, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3729

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
50-21-107 SO AS TO DEFINE TERMS, TO PROVIDE THAT OWNERS OF WATERCRAFT OF AT 
LEAST SIXTEEN FEET IN LEngTH MUST CARRY LIABILITY INSURANCE OF AT LEAST FIFTY THOUSAND 
DOLLARS OF COVERAGE PER OCCURRENCE, TO PROVIDE PENALTIES, AND TO PROVIDE FOR 
THE COLLECTION OF FINES.

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Article 1, Chapter 21, Title 50 of the S.C. Code is amended 
by adding:

 Section 
50-21-107. (A) For the purposes of this section:

 (1) "Acceptable 
electronic format" means an electronic image produced on a person's cellular 
phone or other portable electronic device that displays all of the information 
in a policy declaration or other documentation as clearly as a paper policy 
declaration or other documentation.

 (2) "Proof 
of insurance" shall consist of a policy declaration page or other 
documentation, or a copy of a policy declaration page or other documentation, 
available in an acceptable electronic format that can be carried on a 
watercraft, that reflects the watercraft coverage furnished to an insured by an 
insurance company. The presentment of proof of insurance in an acceptable 
electronic format does not:

 (a) authorize 
a search of any other content of an electronic device without a search warrant 
or probable cause; or

 (b) expand 
or restrict the authority of a law enforcement officer to conduct a search or 
investigation.

 (B) It 
shall be unlawful for the owner of a watercraft of at least sixteen feet in 
length that is titled in this State or is documented by the United States Coast 
Guard with a hailing port located in this State to allow the operation of the 
watercraft on the waters of this State unless it is covered by a liability 
insurance policy that has been issued by an insurance company. The insurance 
policy must provide at least fifty thousand dollars of combined liability 
coverage for bodily injury to others, or the destruction of the property of 
others, resulting from any one occurrence.

 (C) Each 
applicant for a watercraft title and registration, and each applicant for a 
registration renewal, of a watercraft of at least sixteen feet in length shall 
certify to the department that the watercraft is covered by an insurance policy 
that meets the requirements of this section.

 (D) Insurance 
companies shall not be required to provide proof of insurance that may be 
conveniently carried if the insurance coverage is provided as part of a 
homeowner's insurance policy. Insurance companies are not required to notify 
the department of any lapse or cancelation in insurance coverage.

 (E)(1) If a watercraft of at least 
sixteen feet in length is involved in an accident on the waters of this State, 
then failure to present proof of insurance coverage that meets the requirements 
of this section creates a rebuttable presumption that the watercraft is 
uninsured.

 (2) Upon 
a showing that liability coverage required by this section was in effect at the 
time of an accident, a judge may dismiss a charge imposed under this section, 
and the penalties may not be imposed. However, if the operator of a watercraft 
of at least sixteen feet in length is involved in an accident on the waters of 
this State and the watercraft is not insured as required by this section, then 
the owner of the watercraft, shall be deemed guilty of a misdemeanor.

 (F) A 
person who violates the provisions of this section:

 (1) for 
a first offense, must be fined not less than fifty dollars and not more than 
two hundred fifty dollars;

 (2) for 
a second offense, must be fined not less than two hundred fifty dollars and not 
more than five hundred dollars; and

 (3) for 
a third or subsequent offense, must be fined not less than five hundred dollars 
and not more than one thousand dollars, imprisoned for up to one year, or both.

 (G) All 
fines collected pursuant to this section shall be deposited into the general 
fund and credited to the department for the purpose of establishing, 
maintaining, and operating a program for boater training and boater safety 
throughout the State.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on January 29, 2025 at 12:21 PM