A boating and safety education bill being pushed by Lake Murray residents has caused some tension between legislators.

On May 11, state representatives again debated the bill to strengthen the state’s requirements for people to be eligible to drive boats. The two-hour debate led to two instances of filibustering and two attempts to adjourn the debate. Debate on the bill is set to continue May 16.

Debate over the bill – which would require individuals born after July 1, 2007, to take a safety course to be able to operate a vessel – continues as Gov. Henry McMaster elected to call back the Legislature for an overtime session following the close of the regular session last week. 

And while the impetus for the return was the need to install a new state comptroller (which happened in quick order with the appointment of Brian Gaines), and the session is set to be dominated by headline issues abortion, guns and bond reform, the overtime provides more time to discuss changing the boating safety law, but not too much. 

Multiple outlets have reported that House Speaker Murrell Smith doesn’t intend for the overtime to last past the end of May.

Debate now centers around a version of the bill sent back to the House by the Senate with three amendments:

• The first amendment was added by Rep. Brandon Guffey (R-Rock Hill) that changed the definition of engine to include an electric motor. 
• The second amendment was added by Rep Todd. Rutherford (D-Columbia). His amendment would exempt watercraft operators from having to carry proof that they have completed a Boating Safety Course.  Representative Chris Wooten shared with the Chronicle that if necessary these certifications can be pulled up on-site by DNR.
• The third amendment was added by Rep. Phillip Lowe (R-Florence) and would exempt hunters or fishermen from taking a Boating Safety Course. 

According to Randall Smith, the Lexington-based founder and chair of Boating Safety South Carolina, the Conference Committee came to the consensus that the safety of the boating public outweighed Lowe’s amendment. Smith added that his organization is only in support of including the addition of the electric motors amendment.

Upon the start of the last debate regarding the bill, Lowe made a motion to adjourn the debate until Jan. 9 of next year and asked for a roll call, but the House refused to adjourn the debate; he attempted this again later in the debate once again the House refused. 

Lowe proceeded to filibuster for the allotted time of one hour. During this time, he questioned whether the bill would make people safer and the cost, sharing stories and using a multitude of analogies and comparisons.

Rep. Russel Ott (D-Calhoun) asked if there was a motion he could make to stop Lowe from telling stories involving him.

This wasn’t the only moment of tension that occurred. Upon conceding his time, Lowe was questioned by Rep. Kathy Landing (R-Chalreston), who opened with the jab, “I'd say a lot of us have scrambled eggs for brains right now after listening to that.”

Landing questioned the relevancy of Lowe’s argument to have hunters and fisherman exempt, sharing a story of her son, who has a hunting license but no boating experience, even stating that it seems like Lowe was trying to kill the bill.

Ott shared that Lowe’s time on the podium was a comedic relief before taking a more solemn approach.

“I'm sure we all got a good laugh.” he said. “But I'll tell you who probably didn't get a good laugh, the Smith family that was sitting in the balcony had to leave, because they didn't want to sit there and listen to that, probably didn't think it was that funny.”

“The family, you know, that lost their son over 20 years ago and had been fighting for these types of reforms ever since,” he added.

Indeed, Smith has been an ardent advocate for boating safety since 1997, when his 11-year-old son, Drew, was killed by an impaired boater. He is the author of 1999’s Boating Safety and Reform Act, often referred to as Drew’s Law, which still governs boating safety in the state.

Smith has pushed hard for the proposed updates to the boating safety law to be made. 

Ott proceeded to tell the house and those in attendance that they are trying to save lives with this bill.

“Lowe’s actions today were over the top,” Smith said in a release. “His insensitivity was without exception. He reminded me of a child throwing a temper tantrum when he didn’t get his way.” 

 “I take extreme exception to his disrespect for not only my family, but all other families who have lost loved ones and have vigorously fought for this legislation,” he added.

The current state law requires anyone under the age of 16 to take a boater education course to operate a vessel 15 horsepower or greater by themselves; once a person turns 16, the course is no longer required.

The new bill applies to vessels 10 horsepower or greater and would not apply on private lakes or ponds. It would affect tourists and residents who wish to rent a vessel for the lake, but a short-course option would be available for such boaters, with the resulting certification being valid for 30 days.