S 367 — Abandoned Vessels, Derelict Vessels, and Sunken Vessels

2025-2026 Bill 367 Text of Previous Version (Mar.(Feb.

19,20, 2025) - South Carolina Legislature Online South Carolina General Assembly126th Session, 2025-2026Bill 367Indicates Matter StrickenIndicates New Matter(Text matches printed bills.

Document has been reformatted to meet World Wide Web specifications.) Indicates  Matter  Stricken  Indicates  New  Matter    Committee  ReportA Marchbill 19,  2025TO  AMEND S.THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 50-21-200 SO AS TO PROVIDE THAT ABANDONED VESSELS, DERELICT VESSELS, AND SUNKEN VESSELS ARE DECLARED TO BE PUBLIC NUISANCES;

367   Introduced by Senator Campsen   S.

Printed 3/19/25--S.

Read the first time February 20, 2025   ________   The committee on Senate Fish, Game and Forestry To whom was referred a Bill (S.

367) to amend the South Carolina Code of Laws by adding Section 50-21-200 so as to provide that abandoned vessels, derelict vessels, and sunken vessels are declared to, etc., respectfully Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

      Amend the bill, as and if amended, SECTION 1, by striking Section 50-21-210(A)(1)(b) and inserting:

           (b) is wrecked, or junked, or in a state of disrepair;

Amend the bill further, SECTION 1, by striking Section 50-21-210(A)(2)(a) and inserting:

           (a) is wrecked, or junked, or in a state of disrepair;

Amend the bill further, SECTION 1, by striking Section 50-21-210(A)(3) and inserting:

       (3) "Junked" means substantially stripped of vessel components, or spaces on the vessel that are designed to be enclosed are open to the elements.

Amend the bill further, SECTION 1, by striking Section 50-21-240(A) and inserting:

    (A) The department, or a local law enforcement agency with jurisdiction, upon locating a vessel that is wrecked, or junked, or in a state of disrepair, must determine whether the vessel has a visible identifier.

       (1) If the vessel has a visible identifier, then the department or local law enforcement agency must:

           (a) post a derelict vessel notice that contains the information provided in subsection (B);

           (b) take reasonable steps within twenty-four hours of the posting of the notice to identify the registered owner, and if identified, must provide written notice to the registered owner's last known address, and notice by telephone or e-mail, if known to the department.

The notice must include, but is not limited to, the information provided on the derelict vessel notice and a brief description of the vessel's location;

and            (c) submit a derelict vessel report within twenty-four hours of the posting of the notice using the application or website maintained by the Department of Environmental Services under Section 50-21-290.

       (2) If the vessel does not have a visible identifier, then the department or local law enforcement agency must:

           (a) post an abandoned vessel notice that contains the information provided in subsection (C);

and            (b) submit an abandoned vessel report within twenty-four hours of the posting of the notice using the application or website maintained by the Department of Environmental Services under Section 50-21-290.

Amend the bill further, SECTION 1, by striking Section 50-21-250 and inserting:

    Section 50-21-250.

The department, or a local law enforcement agency with jurisdiction, must remove a derelict vessel notice if within fourteen days of the posting of the notice a responsible party provides a bona fide plan of removal to the department.

If the vessel remains wrecked, or junked, or in a state of disrepair thirty days from the date the notice was posted, then another derelict vessel notice must be posted on the vessel, and no additional bona fide plan of removal may be submitted.

Amend the bill further, SECTION 1, by striking Section 50-21-260(A) and inserting:

    (A) An abandoned vessel or a derelict vessel is subject to removal at any time by any person without liability to a responsible party.

A person who removes and disposes of an abandoned vessel or a derelict vessel may commence a civil action against a responsible party within one hundred eighty daysthree years of the removal and disposal to recover:

       (1) the cost of the removal and disposal;

and        (2) the attorney's fees and court costs incurred in bringing the action.

Amend the bill further, SECTION 1, by deleting Section 50-21-260(C) from the bill.

Amend the bill further, SECTION 1, by striking Section 50-21-270(B) and inserting:

    (B) A sunken vessel that remains in the waters of the State after the applicable time period for its removal by a responsible party expires is subject to removal at any time by any person without liability to a responsible party.

A person who removes and disposes of a sunken vessel after the expiration of the applicable time period may commence a civil action against a responsible party within one hundred eighty daysthree years of the removal and disposal to recover:

       (1) the cost of the removal and disposal;

and        (2) the attorney's fees and court costs incurred in bringing the action.

Amend the bill further, SECTION 1, by striking Sections 50-21-280 and 50-21-290 and inserting: