On January 28, 2025, South Carolina introduced Senate Bill 26, a legislative measure aimed at enhancing watercraft insurance requirements in the state. The bill seeks to address safety concerns on South Carolina's waterways by mandating that operators of watercraft exceeding seventy horsepower, as well as personal watercraft and specialty propcraft, maintain valid insurance coverage.
Key provisions of the bill include a requirement for owners to certify their insurance status to the Department of Natural Resources. Notably, insurance companies are not obligated to provide proof of insurance if coverage is included in a homeowner's policy, nor are they required to notify the department of any lapses in coverage. This aspect has raised questions about the accountability of insurance providers and the potential for uninsured watercraft to operate on state waters.
The bill establishes a rebuttable presumption of uninsured status if proof of insurance is not presented following an accident. This means that in the event of an incident, the burden of proof shifts to the owner to demonstrate that they had the required insurance at the time of the accident. Penalties for non-compliance escalate with repeated offenses, ranging from fines of $50 to $1,000 and potential imprisonment for serious violations.
The implications of Senate Bill 26 extend beyond regulatory compliance; it aims to bolster boater safety and training programs funded by the fines collected from violations. This could lead to improved safety measures on the water, potentially reducing accidents and fatalities associated with uninsured watercraft operation.
Debate surrounding the bill has highlighted concerns about its enforcement and the potential burden it places on boat owners. Critics argue that the requirement for insurance could disproportionately affect lower-income individuals who may struggle to afford coverage. Proponents, however, emphasize the necessity of insurance to protect all waterway users and promote responsible boating practices.
As the bill progresses through the legislative process, its future remains uncertain. Stakeholders are closely monitoring discussions, as the outcome could significantly impact boating regulations and safety initiatives in South Carolina. If approved, the bill will take effect immediately upon the Governor's signature, marking a pivotal step in the state's approach to watercraft safety and insurance accountability.