S.C. Code Ann. § 54-15-210 — SC Code / Title 54 / Chapter 15 / Section 54-15-210
SECTION 54-15-210. Pilots may not discontinue duties without permission.
Status: in_force

Except for reasons of health, satisfactory evidence of which shall be furnished to the South Carolina Commissioners of Pilotage when requested, no licensed pilot or apprentice shall discontinue to act nor absent himself at any time from the port and harbor to which he may belong for any period of time without first obtaining the permission of the group of pilots with whom he is associated or some authorized official of that group, and no permitted discontinuance or absence for a period of more than one month shall be valid without additionally obtaining in advance the written authorization of the South Carolina Commissioners of Pilotage. Any pilot or apprentice neglecting or refusing to comply with this requirement as to his presence and performance of duties in the port to which he belongs, may have, respectively, his license or his apprenticeship, as the case may be, either suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances. Effect of Amendment The 2006 amendment added "South Carolina" preceding "Commissioners" and made nonsubstantive language changes throughout.
S.C. Code Ann. § 54-9-40 — SC Code / Title 54 / Chapter 9 / Section 54-9-40
SECTION 54-9-40. Admissibility of articles of ship in evidence.
Status: in_force

On the prosecution or trial of any indictment under the provisions of this chapter a copy of the articles of the ship or vessel, authenticated by the affidavit of the captain, sworn to before any notary public or magistrate of this State, shall be admissible in evidence and shall be sufficient to establish the fact that any seaman whose name appears subscribed thereto has signed the agreement contained in such articles until the contrary be made to appear by proof.
S.C. Code Ann. § 54-17-20 — SC Code / Title 54 / Chapter 17 / Section 54-17-20
SECTION 54-17-20. Definitions.
Status: in_force

As used in this chapter: (1) "Commission" means the group of individuals comprising the Maritime Security Commission. (2) "Captain of the Port" means the United States Coast Guard officer designated by the Commandant of the Coast Guard to perform that function pursuant to Section 1.01-30 of Title 33, Code of Federal Regulations, whose role is further defined in Section 6.01-4 of that same title. (3) "District Commander" means the Coast Guard officer designated by the Commandant of the Coast Guard to command a Coast Guard district. District Commander refers to that district commander that incorporates South Carolina. (4) "Port" means a developed area of maritime commerce. (5) "Maritime area" means any area of water, land, or water and land bordering on the sea or any estuary, river, creek, or lake in or contiguous to the State of South Carolina, that is capable of approach by a vessel, excluding the land-side facilities of the South Carolina State Ports Authority. (6) "Safety zone" means a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels. It may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion. (7) "Security zone" means an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as may be necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States, or to secure the observance of the rights and obligations of the United States. The purpose of a security zone is to safeguard from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature (a) vessels, (b) harbors, (c) ports, and (d) waterfront facilities that are in the United States and its territories and waters, continental or insular, that are subject to the jurisdiction of the United States. (8) "Volunteer Port Security Force" means the volunteer organization composed of licensed mariners and private assets who: (a) facilitate discovery and proper reporting of suspicious activities and events observed on and about the waters of Charleston bar and harbor, and (b) provide assistance to those government authorities during Maritime Security Levels 2 and 3, as may be required. (9) "Memorandum of Agreement" means a document that must be executed by the Chairman of the Maritime Security Commission and the Attorney General of South Carolina on behalf of the State and the United States Navy, detailing fiduciary duties, potential liability, and federal support issues for a South Carolina Naval Militia and must be renewed every five years. (10) "Privileges" means that based upon title or membership, an individual is entitled to accommodations of the naval service and such recognition by other services of this State. However, privilege shall not be determined to be a monetary or fiscal "benefit", or information access regardless of other requirements.
S.C. Code Ann. § 54-15-270 — SC Code / Title 54 / Chapter 15 / Section 54-15-270
SECTION 54-15-270. Pilot requirements for vessels entering ports.
Status: in_force

All vessels entering into the pilotage area of a port for the purpose of entering the port, except United States vessels engaged in coastwise trade having on board a pilot licensed by the United States Coast Guard for that area and United States vessels under one hundred net registered tons, are required to receive on board for entering into, departing from, or shifting within the port, an amply licensed pilot offering to board. Effect of Amendment The 2006 amendment made a nonsubstantive language change.
S.C. Code Ann. § 54-3-230 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-230
SECTION 54-3-230. Foreign-trade zones.
Status: in_force

The South Carolina State Ports Authority is authorized to make application to the Foreign-Trade Zones Board for the purpose of establishing, operating, and maintaining foreign-trade zones in the State, under the act of Congress known as the Foreign-Trade Zones Act which provides for the establishment, operation and maintenance of foreign-trade zones in the United States. The South Carolina State Ports Authority shall select and describe the location of the zones for which application may be made and shall make such rules and regulations concerning the operation, maintenance and policing of them as may be necessary to insure compliance with the Foreign-Trade Zones Act and for other appropriate purposes. The South Carolina State Ports Authority shall have full power and authority to erect, maintain and operate or lease any structures or buildings or enclosures as may be necessary or proper for the establishing, operating, and maintaining of any such foreign-trade zones in the State of South Carolina. The authority granted to the South Carolina State Ports Authority confers the right and duty and power to do all things necessary and proper to achieve compliance with the Foreign-Trade Zone Act and to carry into effect the establishing, operating and maintaining of foreign-trade zones within the State.
S.C. Code Ann. § 54-5-100 — SC Code / Title 54 / Chapter 5 / Section 54-5-100
SECTION 54-5-100. Tax exemption of port and terminal utilities.
Status: in_force

All property acquired by any city of this State for the purpose of establishing, developing, maintaining or operating the port and terminal utilities of such city in pursuance of the provisions of this chapter shall be exempt from taxation so long as it shall be maintained and used for such purposes.
S.C. Code Ann. § 54-9-60 — SC Code / Title 54 / Chapter 9 / Section 54-9-60
SECTION 54-9-60. Procurers of seamen may not board vessels without permission.
Status: in_force

It shall not be lawful for any broker, shipping master or other person engaged in the business of procuring seamen for vessels, furnishing them with such seamen or making contracts for the services of such seaman to enter or attempt to go on board of any vessel lying at any port in any waters within the jurisdiction of this State, without having previously obtained the permission of the master or other person having the care, custody and control of such vessel. Any such person so entering any such vessel, without such permission, shall be guilty of a misdemeanor and shall, upon conviction, be punished by fine and imprisonment, at the discretion of the judge who tries the case, not to exceed three hundred dollars and three months' imprisonment.
S.C. Code Ann. § 54-5-70 — SC Code / Title 54 / Chapter 5 / Section 54-5-70
SECTION 54-5-70. Actions for injury or wrongful death from construction or operation of port or terminal facilities.
Status: in_force

Any person who sustains injuries to his person or whose property is damaged by the negligent construction, development, improvement, maintenance or operation of any wharf, dock, warehouse, building, right of way, terminal railway or other property under the control of any city or any commission of any city of over fifty thousand inhabitants in connection with the maintenance or operation of the port or terminal facilities of such city in this State may recover actual damages in an action against such city or such commission of such city for such injuries to his person or damage to his property as though he had been injured or his property had been damaged by the agency of a private corporation. But there shall be no recovery in any such action for an amount in excess of ten thousand dollars. Whenever the death of a person shall be caused by any injuries sustained under such circumstances and conditions as would have entitled the party so injured to recover damages under this section, if death had not ensued, then the right of action for such injuries and death shall survive to and may be enforced by the personal representative of such person in the same manner as is now provided by law for actions by administrators and executors when death results from personal injuries and such provisions of law shall be applicable to all such actions. But there shall be no recovery in any such action for an amount in excess of ten thousand dollars.
S.C. Code Ann. § 54-3-140 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-140
SECTION 54-3-140. Powers of Authority.
Status: in_force

In order to enable it to carry out the purposes of this chapter, the Authority: (1) Shall have the powers of a body corporate, including the power to sue and be sued, to make contracts and to adopt and use a common seal and alter it as may be deemed expedient; (2) May rent, lease, buy, own, acquire, mortgage and dispose of such property, real or personal, as the Authority may deem proper to carry out the purposes and provisions of this chapter, all or any of them; (3) May acquire, construct, maintain, equip and operate wharves, docks, ships, piers, quays, elevators, compresses, refrigeration storage plants, warehouses and other structures and any and all facilities needful for the convenient use of the same in the aid of commerce, including the dredging of approaches thereto and the construction of belt line roads and highways and bridges and causeways thereon and other bridges and causeways necessary or useful in connection therewith and shipyards, shipping facilities and transportation facilities incident thereto and useful or convenient for the use thereof, including terminal railroads; (4) May acquire, construct, maintain, operate and contract to operate in any of said counties airports, seaplane bases, naval bases and any other facilities necessary or useful in carrying out the purposes of this chapter and of the Authority; (5) Shall adopt an organizational structure for authority operations implemented by the executive director; (6) Shall establish an office for the transaction of its business in the city of Charleston and such other offices within and without the State as may be deemed by the board to be necessary or useful in carrying out the purposes of this chapter; (7) May create and operate such agencies and departments as the board may deem necessary or useful for the furtherance of any of the purposes of this chapter; (8) May pay all necessary costs and expenses involved in and incident to the formation and organization of the Authority and incident to the administration and operation thereof and all other costs and expenses reasonably necessary or expedient in carrying out and accomplishing the purposes of this chapter; (9) May apply for and accept loans and grants of money from any Federal agency for any and all of the purposes authorized in this chapter and expend such moneys in accordance with the directions and requirements attached thereto or imposed thereon by any such Federal agency and give such evidences of indebtedness as shall be required by any such Federal agency, except that no indebtedness of any kind incurred or created by the Authority shall constitute an indebtedness of the State, or any political subdivision thereof, and no such indebtedness shall involve or be secured by the faith, credit or taxing power of the State, or any political subdivision thereof; (10) May act as agent for the United States of America or any agency, department, corporation or instrumentality thereof, in any matter coming within the purposes or powers of the Authority; (11) May adopt, alter or repeal its own bylaws, rules and regulations governing the manner in which its business may be transacted and in which the powers granted to it may be enjoyed and may provide for the appointment of such committees, and the functions thereof, as the Authority may deem necessary or expedient in facilitating its business; (12) May do any and all other acts and things in this chapter authorized or required to be done, whether or not included in the general powers in this section mentioned; (13) May do any and all things necessary to accomplish the purposes of this chapter; and (14) May promulgate rules and regulations governing the use of or doing business on the Authority's property or facilities, including the adoption of safety standards and insurance coverage or proof of financial responsibility, and may provide for the licensing of persons, firms or corporations using or doing business on such property or facilities, and for license fees to cover the expense thereof. Licenses may be revoked after notice and hearing by the Authority for wilful breach of or failure to comply with such rules and regulations. But the Authority shall not engage in shipbuilding except upon the unanimous vote of its members. (15) Shall develop a long-range port development and capital financing plan, with a minimum twenty-year forecast period at the time of adoption that provides for the promotion, development, construction, equipping, maintaining, and operation of the state's harbors and seaports to maximize their economic benefit to the State, including, but not limited to, Charleston and Georgetown. The plan must be revised at least every five years, to reflect and account for changing conditions. The long-range plan must be submitted to the General Assembly; (16) Shall review port operations and proposals for future operations and construction to determine whether utilizing a public-private partnership to achieve the current or proposed operational goals and development is the most advantageous method to the State and would result in the most timely, economical, efficient, and successful fulfillment of the operational goals or completion of the development project; (17) Shall take all necessary steps it finds reasonable to establish rail access to port facilities in Charleston County by any Class I railway operating in Charleston County on the effective date of this item. The authority shall report annually to the General Assembly and the Governor on the status of efforts to establish rail access. Effect of Amendment The 2009 amendment, rewrote item (5) which formerly dealt with employment, dismissal and fixing the compensation of board employees; and added item (15) relating to development of a long-range port development and capital financing plan, item (16) relating to review of port operations and proposals for future operations and construction, and item (17) relating to rail access.
S.C. Code Ann. § 54-7-810 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-810
SECTION 54-7-810. Penalties.
Status: in_force

(A)(1) A person who violates any of the provisions of Section 54-7-650(G), 54-7-660, or 54-7-670 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than fifty dollars. If a person holds a hobby license issued under these sections, the license may be revoked by the institute. (2) Each day a violation continues constitutes a separate offense. (B)(1) A person who violates the terms of an exclusive license to utilize a submerged archaeological historic property or paleontological property for commercial salvage or other income producing purposes issued pursuant to Section 54-7-690 is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not more than ten thousand dollars or imprisonment for not more than one year, or both. If the person holds a license issued under that section, the license may be revoked by the institute. (2) Each day a violation continues constitutes a separate offense. Effect of Amendment The 2002 amendment deleted subsection (B) referring to hobby licenses under SECTION 54-7-680 and redesignated subsection (C) as subsection (B).
S.C. Code Ann. § 54-15-280 — SC Code / Title 54 / Chapter 15 / Section 54-15-280
SECTION 54-15-280. Unauthorized pilotage.
Status: in_force

No person shall be authorized or permitted to conduct and pilot any vessel, except those excepted in Section 54-15-270, over the bar, into, out of, or within the harbor of any port, unless the person shall be a then currently licensed pilot and no branch pilot shall be authorized to pilot any vessel with a deeper draft of water than his branch. Any person prohibited from pilotage who shall presume to pilot vessels in violation of this prohibition, shall be entitled to no fee, gratuity, or reward for so doing, shall pay the regular pilotage to the group of associated licensed pilots in the port and shall be subject to a fine of five hundred dollars or imprisonment for not more than thirty days. This prohibition shall not prevent any person from assisting any vessel in distress, provided the person shall deliver up the vessel to the first licensed pilot who shall offer to board. Effect of Amendment The 2006 amendment made nonsubstantive language changes.
S.C. Code Ann. § 54-7-620 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-620
SECTION 54-7-620. Definitions.
Status: reserved

As used in this article: (1) "Artifact", "artifactual item", or "artifactual material" means any object or assemblage of objects found in an archaeological context which yields or is likely to yield information of significance to the scientific study of human prehistory, history, or culture, and which have remained unclaimed for more than fifty years. (2) "Artifact recovery" means the recovery of artifactual material by hand or through excavation. (3) "Beneath or substantially beneath" means permanently or periodically covered, in whole or in part, by the territorial waters of the State. (4) "Commercial applicant" means an applicant for a license under this article for purposes other than those of a noncommercial applicant, such as commercial salvage or income-producing purposes. (5) "Complete paleontological specimen" means a fossil which is more than eighty percent intact and has recognizable diagnostic features for identification. (6) "Data" means any information related to the site of submerged archaeological historic property or submerged paleontological property which includes, without limitation, artifactual and/or paleontological material, remote sensing survey charts, magnetic tape records of positions, site maps, feature plans, photographs, measurements, and historical documentation. (7) "Data collection" means the accumulation of data through methods which do not include excavation. "Data collection" includes the collection of artifactual and/or paleontological material that is exposed or resting on, but not embedded in, submerged lands. (8) Reserved. (9) "Data recovery" means a systematic study carried out in accordance with a research plan which may include data collection, excavation, and artifact or fossil recovery. (10) "Day" means a twenty-four hour period beginning at 12:00 midnight. (11) "Debris field" means the area in which artifactual or paleontological materials associated with a site are found. (12) "Director" means the Director of the Institute or a designee of the director. (13) "Embedded" means firmly affixed in submerged lands such that the use of tools of excavation are required in order to move the bottom sediments to gain access to the submerged archaeological historic property or paleontological materials or any part of them. (14) "Excavation" means the process of moving, removing, or disturbing bottom sediments to expose submerged archaeological historic property or submerged paleontological materials. (15) "Field archaeologist" means a professional archaeologist selected by the licensee and approved by the institute to supervise operations under a license. The field archaeologist must hold an advanced academic degree with a specialization in underwater, nautical, or maritime archaeology and meet or exceed the Standards of the Secretary of the Interior (48 F.R. 44738-44739) and act pursuant to the criteria set forth by the South Carolina State Historic Preservation Office Guidelines and Standards for Archaeological Investigations. (16) "Field paleontologist" means a paleontologist selected by the licensee and approved by the museum to supervise operations under a license. (17) "Historic property" means a district, site, building, structure, or object significant in the prehistory, history, upland and underwater archaeology, architecture, engineering, and culture of the State, including artifacts, records, and remains related to the district, site, building, structure, or object. (18) "Immediate environment" means that area surrounding a submerged archaeological historic property or submerged paleontological site which, if disturbed, could result in substantive injury to the property, including, without limitation, the debris field. (19) "Institute" means the South Carolina Institute of Archaeology and Anthropology. (20) "Intensive survey" means a field and archival investigation of an area designed to gather and identify fully information about submerged archaeological historic properties sufficient to evaluate them in relation to National Register criteria of significance within specific historical contexts. It may also mean a field and archival investigation of an area designed to gather and identify fully information about submerged paleontological materials sufficient to evaluate them for geologic time period and species identification. Intensive survey may include data collection, test excavation, data recovery, and specimen recovery on a limited basis. (21) "Licensee" means any person or entity authorized to perform certain recovery operations from a submerged archaeological historic property or submerged paleontological property under the provisions of this article by the South Carolina Institute of Archaeology and Anthropology. It is not a proof of qualification to skin or scuba dive nor that a person is qualified to skin or scuba dive. (22) "Monitoring archaeologist" means an underwater archaeologist selected by the institute for the purpose of monitoring work activity under a license issued by the institute. (23) "Monitoring paleontologist" means a paleontologist or Natural History Curator selected by the museum commission for the purpose of monitoring work activity under a license issued by the institute. (24) "Museum Commission", "museum", "commission", and "State Museum" means the South Carolina Museum Commission authorized by this article as custodians of paleontological materials. (25) "National Register" means the National Register of Historic Places maintained by the Secretary of the United States Department of the Interior. (26) "Navigable waters" means all waters belonging to the State which are navigable in fact or were navigable in the past. The term includes rivers and streams in which the tide ebbs and flows. (27) "Noncommercial applicant" means a person seeking a license for the purpose of gathering scientific, historical, or architectural data for either: (a) public exhibition, interpretation, or preservation and not for the purpose of producing income, profit, or gain; or (b) mitigation of adverse effects of a proposed undertaking on submerged archaeological historic property or submerged paleontological property. (28) "Object" means a material thing produced or resulting from human activity which has functional, aesthetic, cultural, historical, or scientific value and which includes artifactual material. (29) "Paleontological materials", "materials", "specimen", "fossil", "fossil materials", or "paleontology materials" means any object or assemblage of objects found in a paleontological context including, but not limited to, plant and animal fossils such as bones, teeth, natural casts, molds, impressions, and other remains of prehistoric fauna which yield or are likely to yield information of significance to the scientific study or educational potential of the past. Faunal means fossilized plant and animal remains from past geologic periods including, but not limited to, molds, casts, bones, and teeth. (30) "Paleontological property" means paleontological material or any site which contains paleontological material. (31) "Paleontological recovery" or "fossil recovery" means the recovery of paleontological materials by hand or through excavation. (32) "Person" means an individual, partnership, corporation, association, organized group of persons, or any other legal entity. (33) "Preservation" means the identification, evaluation, recordation, documentation, curation, acquisition, protection, management, rehabilitation, restoration, stabilization, maintenance, and reconstruction of a submerged archaeological historic property or a submerged paleontological property. (34) "Primary scientific value" means any submerged archaeological historic property or submerged paleontological property which: (a) yields or may yield information of great importance or significance to state, regional, national or international history or prehistory. Significance may be judged by the potential of the property to provide information, its physical condition, the research questions it might answer, its educational or exhibit value, or its relationship to known archaeological and historical records and future research needs; or (b) is included in, or has been determined, or may be eligible for inclusion in the National Register of Historic Places. (35) "Reconnaissance survey" means a limited archival and field investigation, designed and accomplished in sufficient detail to make generalizations about the type, distribution, and value of an area's submerged archaeological historic properties or submerged paleontological sites, which may include data collection but may not include excavation, data recovery, or artifact recovery. (36) "Recreational value" means value related to an activity which the public engages in, or may engage in, for recreation or sport, including, but not limited to, scuba diving and fishing. (37) "Site" means: (a) the location of an event, a prehistoric or historic occupation or activity, or a building or structure including a shipwreck, whether standing, ruined, or vanished, and its debris field where the location itself maintains historical or archaeological value regardless of the value of any existing structure; (b) the location of an accumulation of paleontological material where the location itself maintains paleontological value. (38) "State" means the State of South Carolina. (39) "State Underwater Archaeologist" means a person appointed by the Director of the South Carolina Institute of Archaeology and Anthropology who administers this article. (40) "State Historic Preservation Officer" means the individual who administers the State Historic Preservation Program under the provisions of the National Historic Preservation Act of 1966. (41) "Structure" means a constructed work made up of interdependent and interrelated parts in a definite pattern of organization. (42) "Submerged" means beneath or substantially beneath the territorial waters of the State or submerged at mean low tide. (43) "Submerged archaeological historic property" means any site, vessel, structure, object, or remains which: (a) yields or is likely to yield information of significance to scientific study of human prehistory, history, or culture; and (b)(i) is embedded in or on submerged lands and has remained unclaimed for fifty years or longer; or (ii) is included in, or has been determined, or may be eligible for inclusion in the National Register of Historic Places. The term includes archaeological material which includes, but is not limited to, abandoned shipwrecks and their contents and individual assemblages of historic or prehistoric artifacts. (44) "Submerged lands" means lands beneath or substantially beneath the territorial waters of the State or which are submerged at mean low tide. (45) "Submerged paleontological property" means any object or assemblage of objects found in a paleontological context which yield or are likely to yield information of significance to the scientific study or educational potential of the past faunal diversity, past environments, geologic time, or other paleontological concerns. (46) "Substantive injury" means any action or influence which causes a change in the archaeological or paleontological context, the structural integrity, or the physical condition of a site as to render it more vulnerable to loss, damage, destruction, or diminution of historic or paleontological value. (47) "Territorial waters" means the navigable waters of the State, namely, all tidal waters within the boundaries of the State up to, but not above, the line of mean low tide and seaward to a line three geographical miles distant from the coastline of the State measured by reference to mean low tide elevation as defined in the Geneva Convention, Article 11, and such other waters of the State as may be included within the term "lands beneath navigable waters" as defined in the Federal Abandoned Shipwreck Act of 1987. (48) "Undertaking" means an activity by the institute or South Carolina Museum Commission that would otherwise require a license under this article. "Undertaking" does not include activities which, in the State Underwater Archaeologist's determination, must be conducted within sixty days in order to preserve submerged archaeological historic property or submerged paleontological property that is or may be of primary scientific value or of major archaeological, anthropological, or historic value and threatened with imminent destruction or substantial damage. Effect of Amendment The 2002 amendment, in paragraph (15), in the first sentence, substituted "a professional" for "an" and added the second sentence; in paragraph (39), substituted "State Underwater Archaeologist" for "State Archaeologist" and rewrote the paragraph; and, in paragraph (48), added "underwater" and made a nonsubstantive change.
S.C. Code Ann. § 54-15-140 — SC Code / Title 54 / Chapter 15 / Section 54-15-140
SECTION 54-15-140. Promulgation of regulations.
Status: in_force

The South Carolina Commissioners of Pilotage for the Upper and Lower Coastal Areas shall promulgate regulations in accordance with the Administrative Procedures Act for the administration of pilotage within the ports of their respective areas. The regulations must include, but are not limited to: (1) the selection, training, and licensure of apprentice pilots; (2) the licensure and registration of pilots; (3) license and registration fees; (4) safe vessel movement; (5) reports of marine casualties and other dangerous situations; (6) discipline, including investigations and the suspension and revocation of pilot licenses; (7) pilotage charges and fees; (8) specific pilotage routes; (9) other matters affecting the safe and efficient administration of pilotage. Effect of Amendment The 2006 amendment, in the first sentence of the introductory paragraph, substituted "South Carolina Commissioners of Pilotage for the Upper and Lower Coastal Areas" for "Commissioners of Pilotage for the port to which they belong" and "the ports of their respective areas" for "that port"; and in item (8), "specific pilotage routes" for "geographic areas of commissioners' jurisdiction".
S.C. Code Ann. § 54-7-830 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-830
SECTION 54-7-830. Privately-owned land not subject to Article.
Status: in_force

Nothing in this article may be construed to limit or prohibit the use of privately-owned land by its owner or require the owner to obtain a license required by this article for any activity on his privately-owned land.
S.C. Code Ann. § 54-3-440 — SC Code / Title 54 / Chapter 3 / Article 5 / Section 54-3-440
SECTION 54-3-440. Authority may order improvements to facilities on petition.
Status: in_force

Upon the written petition of the city council of Charleston or of any of the patrons of any person owning or operating a wharf, warehouse or terminal facility for public uses or for hire, alleging that the plant or equipment in Charleston County of such person is inadequate or unsuited to the public need, the Authority shall fix a time and place for a hearing upon such petition and shall mail notice thereof to the parties in interest and give due public notice thereof at least one week prior to such hearing. Upon such hearing the Authority may, if it finds the wharf, warehouse or terminal facility to be inadequate or unsuited to the public need, order and prescribe such wharf, warehouse or terminal facility as shall be adequate and suitable and fix a time within which such person owning or operating the same shall construct such additions or improvements. Such person shall thereupon construct such additions or improvements to its plant or equipment within the time so fixed.
S.C. Code Ann. § 54-3-1340 — SC Code / Title 54 / Chapter 3 / Article 13 / Section 54-3-1340
SECTION 54-3-1340. Oversight report; performance review surveys.
Status: in_force

(A) The oversight report required by this article must at least contain: (1) a performance review of each member of the board during the previous two years; (2) a performance review of the State Ports Authority executive director; and (3) an evaluation of the actions of the board, sufficient to allow the members of the General Assembly to better judge whether these actions serve the best interests of the citizens of South Carolina, both individual and corporate. (B) To assist the commission in performing the performance reviews and evaluations required by this article, the commission may develop and distribute, as appropriate, an anonymous and confidential survey evaluating the board members and the executive director. At a minimum, the survey must include the following: (1) knowledge and application of substantive port issues; (2) the ability to perceive relevant issues; (3) absence of influence by political considerations; (4) absence of influence by identities of labor unions; (5) courtesy to all persons appearing before the board; (6) temperament and demeanor in general, preparation for hearings, and attentiveness during hearings; and (7) any other issue the commission deems appropriate.
S.C. Code Ann. § 54-3-190 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-190
SECTION 54-3-190. Lease or grant of property to United States; reimbursement for certain acquisition costs.
Status: in_force

The board of the Authority may assign, transfer, lease, convey, grant or donate to the United States of America, or to the appropriate agency or department thereof, any or all of the property of the Authority for any use by such grantee for any purpose included within the general purposes of this chapter, as stated in Section 54-3-130, such assignment, transfer, lease, conveyance, grant or donation to be upon such terms as the board of the Authority may deem advisable. In the event the United States of America should decide to undertake the acquisition, construction, equipment, maintenance or operation of the airports, seaplane bases, naval bases, wharves, piers, ships, refrigerator storage plants, warehouses, elevators, compresses, docks, shipyards, shipping and transportation facilities before referred to, including terminal railroads, roads, highways, causeways or bridges, and should itself decide to acquire the lands and properties necessarily needed in connection therewith by condemnation or otherwise, the board of the Authority may transfer and pay over to the United States of America, or to the appropriate agency or department thereof, such of the moneys belonging to the Authority as may be found needed or reasonably required by the United States of America to meet and pay the amount of judgments or condemnation, including costs, if any be taxed thereon, as may from time to time be rendered against the United States of America, or its appropriate agency, or as may be reasonably necessary to permit and allow the United States of America, or its appropriate agency, to acquire and become possessed of such lands and properties as are reasonably required for the construction and use of the facilities before referred to.
S.C. Code Ann. § 54-15-50 — SC Code / Title 54 / Chapter 15 / Section 54-15-50
SECTION 54-15-50. Board of examination for Upper Coastal Area; duties.
Status: in_force

The South Carolina Commissioners of Pilotage for the Upper Coastal Area and surrounding jurisdiction shall organize a board of examination to consist of three nautical men, at least one of whom shall be a full branch pilot of the port to which they belong. Each such board shall examine all applicants as to their competency to work or manage vessels and, generally, to discharge the duties of a pilot. No license or branch shall be granted to any person unless he receives a certificate of competency signed by a majority of such examining board. Effect of Amendment The 2006 amendment rewrote the first sentence.
S.C. Code Ann. § 54-15-240 — SC Code / Title 54 / Chapter 15 / Section 54-15-240
SECTION 54-15-240. Payment of pilots detained beyond time appointed.
Status: in_force

Every master of an outward bound vessel who shall engage a pilot for an appointed time of departure shall have his vessel in readiness for sailing at such time and every master of a vessel who shall detain a pilot beyond the time appointed so that he cannot proceed to sea although wind and weather should permit, shall pay for such detention in accordance with the published schedule of rates and fees provided for under the provisions of Section 54-15-290. Effect of Amendment The 2006 amendment made nonsubstantive language changes.
S.C. Code Ann. § 54-3-90 — SC Code / Title 54 / Chapter 3 / Article 1 / Section 54-3-90
SECTION 54-3-90. Conflict of interest transactions; burden of proof as to fairness; indirect interest of director; ratification of conflict of interest transaction.
Status: in_force

(A) A conflict of interest transaction is a transaction with the State Ports Authority in which a director has a direct or indirect interest. A conflict of interest transaction is not voidable by the authority solely because of the director's interest in the transaction if any one of the following is true: (1) the material facts of the transaction and the director's interest were disclosed or known to the board or a committee of the board, and the board or a committee of the board authorized, approved, or ratified the transaction; or (2) the transaction was fair to the authority and its customers. If item (1) has been accomplished, the burden of proving unfairness of any transaction covered by this section is on the party claiming unfairness. If item (1) has not been accomplished, the party seeking to uphold the transaction has the burden of proving fairness. (B) For purposes of this section, a director has an indirect interest in a transaction if: (1) another entity in which he has a material financial interest or in which he is a general partner is a party to the transaction; (2) another entity of which he is a director, officer, member, or trustee is a party to the transaction and the transaction is or should be considered by the board; or (3) another entity of which an immediate family member has a material financial interest or in which an immediate family member is a general partner, director, officer, member, or trustee is a party to the transaction and the transaction is or should be considered by the board. (C) For purposes of subsection (A)(1), a conflict of interest transaction is authorized, approved, or ratified if it receives the affirmative vote of a majority of the directors on the board of directors, or on the committee, who have no direct or indirect interest in the transaction, but a transaction may not be authorized, approved, or ratified under this section by a single director. If a majority of the directors who have no direct or indirect interest in the transaction vote to authorize, approve, or ratify the transaction, a quorum is present for the purpose of taking action under this section. The presence of, or a vote cast by, a director with a direct or indirect interest in the transaction does not affect the validity of any action taken under subsection (A)(1) if the transaction is otherwise authorized, approved, or ratified as provided in that subsection.
S.C. Code Ann. § 54-3-270 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-270
SECTION 54-3-270. Cooper River terminal facility environmental study and permitting; indemnification of Authority members for Cooper bridge funding.
Status: in_force

(A) The State Ports Authority is required to begin environmental impact studies and other required actions in regard to the permitting process to locate new terminal facilities on the west bank of the Cooper River at locations it determines appropriate and with a capacity in conformance with available land at the proposed location or locations. If the locations identified are on real property not owned by the State Ports Authority, the authority is also authorized to begin the process of acquiring such property. Upon completion of the permitting process, the State Ports Authority shall render a report to the General Assembly concerning the new terminal facilities which shall include a request for any state funding necessary to complete the projects and the form such funding is requested to take. The State Ports Authority must provide the General Assembly with a summary of criteria developed for use in delineating the needs, requirements, and specifications of port expansion. The permit application must be drawn in a manner that is comprehensive, fair, and open to all sites available on the west bank of the Cooper River, based on their particular attributes, and may not exclude or prejudice artificially or unreasonably the acceptance of any site. This subsection does not authorize or allow State Ports Authority activity on the east bank of the Cooper River or the Wando side of Daniel Island except for use as dredge spoil disposal sites. This joint resolution does not constitute approval for the State Ports Authority required by Section 54-3-260 of the 1976 Code. (B) The South Carolina Department of Transportation, the Public Railways Division of the Department of Commerce, and the State Infrastructure Bank are directed to explore all potential opportunities for federal funding of the infrastructure enhancements for port expansion on the western side of the Cooper River. (C) The State shall take appropriate steps to provide indemnification to the State Ports Authority board members from any personal liability related to their service on the board in regard to funding provided to the South Carolina Transportation Infrastructure Bank for the Cooper River Bridge. Effect of Amendment The 2002 amendment, in subsection (C), deleted "Budget and Control Board" following "State".
S.C. Code Ann. § 54-15-60 — SC Code / Title 54 / Chapter 15 / Section 54-15-60
SECTION 54-15-60. Board of examiners for Lower Coastal Area; examination and licensing of applicants.
Status: in_force

(A) The South Carolina Commissioners of Pilotage for the Lower Coastal Area and surrounding jurisdiction shall organize a board of examiners for the commission of three nautical men, at least one of whom must be licensed for the port under Sections 54-15-120 and 54-15-130. No one is eligible for examination by the board of examiners until he satisfactorily completes his apprenticeship for the port. (B) The board of examiners shall examine eligible applicants as to their competency to work or manage vessels and generally to discharge the duties of a pilot. Examinations for license are oral, written, and by demonstration. (C) No license or branch may be granted to a person unless he has received a certificate of his competency signed by a majority of the board of examiners. Effect of Amendment The 2006 amendment rewrote subsections (A) and (B).
S.C. Code Ann. § 54-3-80 — SC Code / Title 54 / Chapter 3 / Article 1 / Section 54-3-80
SECTION 54-3-80. Discharge of duties by members of board of directors.
Status: in_force

(A) A member of the board of directors shall discharge his duties as a director, including his duties as a member of a committee: (1) in good faith; (2) with the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (3) in a manner he reasonably believes to be in the best interests of the authority. As used in this chapter, best interests means a balancing of the following: (a) achieving the purposes of the authority as provided in Section 54-3-130; (b) preservation of the financial integrity of the State Ports Authority and its ongoing operations; (c) economic development and job attraction and retention; (d) consideration given to diminish or mitigate any negative effect port operations or expansion may have upon the environment, transportation infrastructure, and quality of life of residents in communities located near existing or proposed port facilities; and (e) exercise of the powers of the authority in accordance with good business practices and the requirements of applicable licenses, laws, and regulations. (B) In discharging his duties, a director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (1) one or more officers or employees of the State whom the director reasonably believes to be reliable and competent in the matters presented; (2) legal counsel, public accountants, or other persons as to matters the director reasonably believes are within the person's professional or expert competence; or (3) a committee of the board of directors of which he is not a member if the director reasonably believes the committee merits confidence. (C) A director is not acting in good faith if he has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (B) unwarranted. (D) Nothing in this article gives rise to a cause of action against a member of the board of directors or any decision of the board of directors regarding duties of the individual director or the board of directors concerning port operations or development. Wilful failure of the board or any individual member of the board to discharge his duties as required by this article may be considered by the Governor in determining whether to reappoint a board member or in the confirmation proceedings of that board member.
S.C. Code Ann. § 54-3-260 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-260
SECTION 54-3-260. Construction of terminal or railroad on Daniel Island.
Status: in_force

The authority must obtain the approval of the General Assembly prior to constructing a terminal or railroad on Daniel Island.
S.C. Code Ann. § 54-3-1030 — SC Code / Title 54 / Chapter 3 / Article 11 / Section 54-3-1030
SECTION 54-3-1030. State port construction fund.
Status: in_force

The Authority may accept contributions from all persons for the construction and equipping of port facilities and improvements in the ports of the State, and shall place all such contributions in a separate fund to be known as "the State port construction fund," and shall use such fund only for the purpose of engineering, constructing and equipping new port facilities and improving and enlarging existing port facilities.
S.C. Code Ann. § 54-17-60 — SC Code / Title 54 / Chapter 17 / Section 54-17-60
SECTION 54-17-60. Commission and Naval Militia activities coordinated with federal, state, and local agencies.
Status: in_force

The Maritime Security Commission and the Naval Militia must coordinate their activities with federal, state, and local agencies responsible for maritime homeland security and Naval Militia functions as they relate to this title. These agencies shall include, but are not limited to, the State Law Enforcement Division, the Departments of Natural Resources, Public Safety, and Transportation and the Military Department, and their several state agencies; state, county, and municipal police departments including marine police components; and the South Carolina Army and Air National Guard.
S.C. Code Ann. § 54-7-110 — SC Code / Title 54 / Chapter 7 / Article 1 / Section 54-7-110
SECTION 54-7-110. Caption to be added to certain films relating to the Hunley.
Status: in_force

The Hunley Commission and the South Carolina Educational Television Commission on any film either makes relating to H. L. Hunley including, but not limited to, the recovery of the Hunley which is furnished to another party for other than a contractual fee shall insert in appropriate places at the bottom and end of the film a caption stating that the film taken by the Hunley Commission or the Educational Television Commission is "Provided courtesy of the Hunley Commission or the South Carolina Educational Television Commission and any person interested in making a donation for the preservation and exhibition of the Hunley may send it to The Hunley Commission, Post Office Box 142, Columbia, South Carolina 29202".
S.C. Code Ann. § 54-15-220 — SC Code / Title 54 / Chapter 15 / Section 54-15-220
SECTION 54-15-220. Pilot shall offer services to nearest vessel; exceptions.
Status: in_force

Every pilot cruising or standing out to sea shall offer his services first to the vessel nearest the bar unless specifically ordered to the contrary by the authorized official of the group of licensed pilots on duty at the time and except when he sees a more distant vessel in distress, in which event he shall aid the vessel in distress, if practicable. Any pilot neglecting or refusing to comply with this requirement as to his services may have his license suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances. However, nothing herein shall extend, or be construed to extend, to vessels of the description mentioned in Section 54-15-260, all of which vessels it shall be the duty of every pilot to avoid as much as possible, whenever they are known to or justly suspected by him. Effect of Amendment The 2006 amendment added "South Carolina" preceding "Commissioners" and made nonsubstantive language changes throughout.
S.C. Code Ann. § 54-3-850 — SC Code / Title 54 / Chapter 3 / Article 9 / Section 54-3-850
SECTION 54-3-850. Payment and disbursement of fees, harbor, or port charges, fines and penalties.
Status: in_force

All fees, harbor or port charges, fines and penalties collected under the provisions of this article shall be paid over to the Authority and be disbursed by it in paying the salaries of the harbor master and port wardens and such other officers as it may see fit to appoint to facilitate the discharge of the duties imposed by this article and such other expenses as may be incident to such duties. At the end of each fiscal year it shall keep on hand the sum of five thousand dollars as an operating fund, and shall turn over all funds in excess of five thousand dollars to the State port construction fund.
S.C. Code Ann. § 54-7-760 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-760
SECTION 54-7-760. Additional provisions pertaining to data recovery licenses.
Status: in_force

(A) The conditions established in this section for data recovery licenses apply in addition to the terms and conditions for all licenses established in Sections 54-7-670 through 54-7-730. (B)(1) An applicant may not be issued more than one license at a time for a single submerged archaeological historic property or submerged paleontological property unless the institute determines that the applicant is capable of carrying out all proposed activities in a manner satisfactory to the institute and that the licenses can be properly supervised and administered by the institute. (2) The institute may issue a data recovery license for an appropriate period not to exceed one year. The licensee may request in writing renewal of the license for the same additional period. Upon application and payment of an additional fee not later than thirty days before the expiration of the license, the institute may renew a license under which work has adhered to the license if the institute finds the renewal to be in the best interest of the State. (C)(1) In areas disturbed under license, all artifacts encountered must be recovered by the licensee, with the exception of large artifacts such as cannons, anchors, and hull remains which would require special handling, storage, and preservation. The licensee shall contact the institute when large artifacts or hull remains are involved. (2) In areas disturbed under license, all specimens encountered must be recovered by the licensee, with the exception of fragile fossils which would require special handling, storage, and preservation or complete or partial intact skeletal remains. The licensee shall immediately contact the museum if complete or partial intact skeletal remains are found if the fossil needs special handling to insure its preservation on excavation.
S.C. Code Ann. § 54-11-50 — SC Code / Title 54 / Chapter 11 / Section 54-11-50
SECTION 54-11-50. Destroying, damaging, or obstructing monuments or buildings of United States coast surveys.
Status: in_force

If any person shall wilfully and maliciously destroy or in any manner hurt, damage or obstruct or shall wilfully and maliciously cause or aid, assist, counsel or advise any other person or persons to destroy or in any manner to hurt, damage, injure or obstruct any signal, monument or building or any appendage thereto, used or constructed under and by virtue of the act of Congress of the United States passed February 10, 1807, entitled "An Act to Provide for Surveying the Coast of the United States," and the supplements thereto, he shall be liable to be indicted therefor and, on conviction, shall be imprisoned not less than one month or pay a fine not exceeding fifty dollars, or both, at the discretion of the court before which such conviction shall take place and shall be further liable to pay all expenses of repairing the same. And it shall not be competent for any person so offending to defend himself by pleading or giving in evidence that he was the owner or the agent or servant of the owner of the land where such damage was done or caused at the time it was caused or done.
S.C. Code Ann. § 54-3-105 — SC Code / Title 54 / Chapter 3 / Article 2 / Section 54-3-105
SECTION 54-3-105. Affirmative duty of Director of Port Operations for port of Georgetown.
Status: in_force

The Director of Port Operations for the port of Georgetown is charged with the affirmative duty to carry out the mission, policies, and direction of the authority for the port of Georgetown as established by the board of directors.
S.C. Code Ann. § 54-3-1050 — SC Code / Title 54 / Chapter 3 / Article 11 / Section 54-3-1050
SECTION 54-3-1050. Property of Authority exempt from taxation.
Status: in_force

The property of the Authority shall not be subject to any taxes or assessments thereon.
S.C. Code Ann. § 54-3-104 — SC Code / Title 54 / Chapter 3 / Article 2 / Section 54-3-104
SECTION 54-3-104. Director of Port Operations for port of Georgetown.
Status: in_force

The Executive Director of the Port Operations also shall employ a Director of Port Operations for the port of Georgetown. A person employed to this position shall possess practical and successful business and executive ability and must be knowledgeable in the field of port operations.
S.C. Code Ann. § 54-15-310 — SC Code / Title 54 / Chapter 15 / Section 54-15-310
SECTION 54-15-310. Designation of hearing officer or hearing panel; disciplinary proceedings.
Status: in_force

(A) The results of an investigation must be presented to the South Carolina Commissioners of Pilotage having jurisdiction. The commissioners, in accordance with the Administrative Procedures Act, may take disciplinary action authorized by Section 40-1-120. The commissioners may designate a hearing officer or hearing panel to conduct hearings or take other action as may be necessary under this section. (B) For the purpose of a disciplinary proceeding in accordance with the Administrative Procedures Act, the South Carolina Commissioners of Pilotage for the respective area may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the commissioners, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the commissioners, its hearing officer or panel, the South Carolina Commissioners of Pilotage having jurisdiction may apply to the Administrative Law Court for an order requiring the person to comply with the subpoena. Effect of Amendment The 2006 amendment rewrote this section.
S.C. Code Ann. § 54-5-10 — SC Code / Title 54 / Chapter 5 / Section 54-5-10
SECTION 54-5-10. Establishment and operation of port and terminal utilities.
Status: in_force

All cities of this State having a population of fifty thousand inhabitants or more, located upon a navigable stream, whether tidal or nontidal, may purchase or otherwise acquire, within or without or partly within and partly without the corporate limits of such cities, lands, water or riparian rights, wharves, docks, warehouses, buildings, rights of way and any other property for the purpose and with the right of establishing, constructing, developing, improving, maintaining and operating the port and terminal utilities of such cities in aid of the commerce and for the public use and benefit of such cities and their citizens, with the right to make any and all contracts, rules, rates and regulations necessary or incident to that end.
S.C. Code Ann. § 54-3-470 — SC Code / Title 54 / Chapter 3 / Article 5 / Section 54-3-470
SECTION 54-3-470. Appeals.
Status: in_force

A person may appeal from an order, ruling, or requirement of the authority pursuant to this article to the Administrative Law Court as provided in Sections 1-23-380(B) and 1-23-600(D). The appeal shall stay the execution of an order, ruling, or requirement. No fines or penalties imposed by the authority are operative or commence to run until the final determination of the appeal. Editor's Note 2006 Act No. 387, SECTION 53, provides as follows: "This act is intended to provide a uniform procedure for contested cases and appeals from administrative agencies and to the extent that a provision of this act conflicts with an existing statute or regulation, the provisions of this act are controlling." 2006 Act No. 387, SECTION 57, provides as follows: "This act takes effect on July 1, 2006, and applies to any actions pending on or after the effective date of the act. No pending or vested right, civil action, special proceeding, or appeal of a final administrative decision exists under the former law as of the effective date of this act, except for appeals of Department of Health and Environmental Control Ocean and Coastal Resource Management and Environmental Quality Control permits that are before the Administrative Law Court on the effective date of this act and petitions for judicial review that are pending before the circuit court. For those actions only, the department shall hear appeals from the administrative law judges and the circuit court shall hear pending petitions for judicial review in accordance with the former law. Thereafter, any appeal of those actions shall proceed as provided in this act for review. For all other actions pending on the effective date of this act, the action proceeds as provided in this act for review." Effect of Amendment The 2006 amendment rewrote this section to provide for appeals to the Administrative Law Court.
S.C. Code Ann. § 54-3-120 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-120
SECTION 54-3-120. Jurisdiction of Authority.
Status: in_force

The jurisdiction of the Authority in any of said harbors or seaports within the State shall extend over the waters and shores of such harbors or seaports and over that part of all tributary streams flowing into such harbors or seaports in which the tide ebbs and flows and shall extend to the outer edge of the outer bar at such harbors or seaports.
S.C. Code Ann. § 54-3-60 — SC Code / Title 54 / Chapter 3 / Article 1 / Section 54-3-60
SECTION 54-3-60. Board member qualifications.
Status: in_force

(A) Each member of the board, except for the Secretary of Transportation and the Secretary of Commerce, or their designees, must possess a four-year baccalaureate or more advanced degree from: (1) a recognized institution of higher learning requiring face-to-face contact between its students and instructors prior to completion of the academic program; (2) an institution of higher learning that has been accredited by a regional or national accrediting body; or (3) an institution of higher learning in this State chartered prior to 1962. (B) In addition to the requirements in subsection (A), each board member must possess a background of at least five years in any one or any combination of the following fields of expertise: (a) maritime shipping; (b) labor related to maritime shipping; (c) overland shipping by truck or rail, or both; (d) international commerce; (e) finance, economics, or statistics; (f) accounting; (g) engineering; (h) law; or (i) business management gained from serving as a chief executive officer, president, or managing director of a business or any upper level management position with a business that is equivalent in duties and responsibilities to the positions listed in this item. (C) When making appointments to the board, the Governor shall ensure that the diverse interests represented by the port are represented. To the greatest extent possible, the Governor shall ensure that the membership of the board includes a certified public accountant, a member representing port users such as manufacturers, shippers, and importers, a member representing the state's economic development interests, and a member who has served as a corporate chief executive officer. Consideration of these factors in making an appointment in no way creates a cause of action or basis for an employee grievance for a person appointed or for a person who fails to be appointed.
S.C. Code Ann. § 54-7-850 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-850
SECTION 54-7-850. Retention and use of license fees.
Status: in_force

All license fees received by the institute pursuant to this article may be retained without regard to the fiscal year of receipt and must be used only to implement this article.
S.C. Code Ann. § 54-3-840 — SC Code / Title 54 / Chapter 3 / Article 9 / Section 54-3-840
SECTION 54-3-840. Fees and harbor or port charges.
Status: in_force

The Authority may levy and collect from all vessels entering into and using the port of Charleston such fees and harbor or port charges, not inconsistent with the law, as, in its discretion, may be necessary to pay the harbor master and port wardens for the services required of them and to defray the necessary expenses attendant upon the execution of the duties devolved upon it under this article in relation to the regulations for the safety and convenience of vessels entering said port and waters, or any of them.
S.C. Code Ann. § 54-5-50 — SC Code / Title 54 / Chapter 5 / Section 54-5-50
SECTION 54-5-50. Vacancies.
Status: in_force

The mayor and alderman of any such city shall fill any vacancy occurring in the commission by appointment for the unexpired term, except in the case of the two members appointed by the Governor, in which event the vacancy shall be filled by the Governor.
S.C. Code Ann. § 54-7-820 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-820
SECTION 54-7-820. Retention and confidentiality of data; exemption from liability; discovery of human remains or grave sites; issuance of licenses and administration of article; waivers and variances.
Status: in_force

(A) The institute reserves the right to retain and distribute for research or educational purposes data provided to the institute under this article. All archaeological and paleontological records of the South Carolina Institute of Archaeology and Anthropology and the South Carolina Museum Commission pertaining to submerged archaeological historic properties and submerged paleontological properties including, but not limited to, actual locations of the properties or mandatory reports from licensed divers concerning locations of the properties or objects or materials recovered from such properties, are not considered public record for purposes of the Freedom of Information Act. These records may only be opened when the State Underwater Archaeologist considers that it is in the best interest of the State to allow access to the records upon good cause shown by the persons petitioning to open the records. (B) The State and the institute are not liable or responsible for any accident, injury, or other harm sustained by any person or loss, damage, or harm to any vessel, equipment, or property in any way connected or associated with activities conducted on or about submerged lands with or without a license. Licensees shall agree to protect, indemnify, and hold harmless the institute and the State against liabilities, suits, actions, claims, demands, losses, expenses, and costs of every kind incurred by, or asserted or imposed against, the institute or the State as a result of or in connection with the license. All money expended by the institute or the State as a result of these liabilities, suits, actions, claims, demands, losses, expenses, or costs, together with interest at a rate not to exceed the maximum interest rate permitted by law, is due and payable immediately and without notice by the licensee to the institute or the State, as appropriate. (C)(1) If, in the course of activity licensed under this article a person discovers human remains or an apparent grave site, the person shall: (a) leave the remains undisturbed unless the remains are a person who died in the course of diving operations or other immediate cause including, but not limited to, drowning, boating accident, or homicide; (b) immediately notify the State Underwater Archaeologist or a representative of the institute; and (c) suspend activity at the site until permitted to resume by the institute. (2) The State reserves the right to recover human remains for the purpose of study or reburial in accordance with any pertinent federal or state law. (D)(1) Except as may be otherwise specifically provided, the State Underwater Archaeologist is designated to issue licenses and otherwise administer this article. (2) The institute may establish from time to time detailed guidelines containing archeology standards, processing requirements, and other requirements or matters relating to the administration of this article. (E) The institute may waive or vary particular provisions of this article to the extent that the waiver or variance is not inconsistent with this article and if, in the written determination of the institute, the application of a provision of this article in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the article. Effect of Amendment The 2002 amendment, in subsections (A) and (C)(1)(b), substituted "State Underwater Archaeologist" for "State Archaeologist", in subsection (C)(1)(b), deleted "Deputy State Archaeologist for Underwater", and in subsection (D)(1) substituted "State Underwater Archaeologist" for "Deputy State Underwater Archaeologist for Underwater".
S.C. Code Ann. § 54-3-610 — SC Code / Title 54 / Chapter 3 / Article 7 / Section 54-3-610
SECTION 54-3-610. Powers of Authority as to erection or removal of wharves, docks, and other structures.
Status: in_force

The Authority may fix the lines along the bay and harbor of Charleston and the rivers and creeks flowing therein within which riparian owners may erect wharves, docks and other proper erections and fixtures for commercial, manufacturing or any other purposes. The Authority may cause the removal of any wharf, dock, wreck or other structure that may obstruct navigation or that may, in its opinion, be injurious to said bay, harbor, rivers or creeks, at the expense of the owner or the person causing the obstructions. But the rights of any owner of a wharf whose lines have heretofore been fixed by grant or by authority of State legislation are in no wise to be disturbed.
S.C. Code Ann. § 54-3-210 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-210
SECTION 54-3-210. Contracts with railroad employees.
Status: in_force

The Authority may make agreements as to the scale of wages, seniority and working conditions with locomotive engineers, locomotive firemen, switchmen and switch engine foremen and hostlers engaged in the operation of the terminal railroads provided for in Section 54-3-200 and the service and equipment pertinent thereto. And should the Authority exercise the power herein given then the Authority shall make such agreements with such employees in accordance with the act of Congress known as the Railway Labor Act (USC Title 45, Sections 151-163) as amended or as hereafter amended to the end that such agreements as to seniority and working conditions will obtain as to such employees and the standard rate of pay be provided as is in force relative to like employees of interstate railroads operating in the same territory with the terminal railroads authorized hereby.
S.C. Code Ann. § 54-15-160 — SC Code / Title 54 / Chapter 15 / Section 54-15-160
SECTION 54-15-160. Pilot ground for Charleston.
Status: in_force

The pilot ground of the bar of Charleston shall extend from the bar thirty miles eastward, southward, and northward. Pilot boats shall normally cruise in an area designated by the South Carolina Commissioners of Pilotage for the Lower Coastal Area. Effect of Amendment The 2006 amendment substituted "South Carolina Commissioners of Pilotage for the Lower Coastal Area" for "Commissioners of Pilotage for the port of Charleston".
S.C. Code Ann. § 54-5-110 — SC Code / Title 54 / Chapter 5 / Section 54-5-110
SECTION 54-5-110. Chapter is cumulative.
Status: in_force

The powers conferred by this chapter upon such cities of this State are, and shall be taken, deemed and construed to be, in addition to the powers otherwise enjoyed by such cities.
S.C. Code Ann. § 54-17-10 — SC Code / Title 54 / Chapter 17 / Section 54-17-10
SECTION 54-17-10. Short title.
Status: in_force

This chapter may be cited as the "South Carolina Maritime Security Act".
S.C. Code Ann. § 54-7-690 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-690
SECTION 54-7-690. Intensive survey and data recovery licenses; waiver; applications.
Status: in_force

(A) The institute may issue an intensive survey license or a data recovery license. Each license is exclusive to the applicant so that, for the duration of the license and any applicable exclusive interest period, the institute may not issue a license to any other person for the same location. (B) An intensive survey license may be issued to an applicant to carry out an intensive survey for the purpose of delineating the boundaries of a specific location which the applicant believes may contain submerged archaeological historic property or submerged paleontological property. (C) A data recovery license may be issued to an applicant to conduct data recovery on submerged archaeological historic property or submerged paleontological property if the applicant has submitted positive results of an intensive survey license which was previously issued by the institute for the same location. The results must include, as applicable: (1) documentary archival evidence, and if no documentary evidence is found, primary and secondary sources consulted must be listed; (2) electronic remote sensing data; and/or (3) artifactual or fossil specimen evidence recovered from a proven site context. (D) A person who seeks to excavate or disturb submerged archaeological historic property or submerged paleontological property shall apply for a license from the institute. Upon receiving a report of a submerged archaeological historic property or submerged paleontological property, the institute shall, within sixty days of receipt of the report, assess the property to determine its significance. (E) The institute may waive the requirement of a license under this article if the activity underlying the license is an undertaking that is subject to Section 106 of the National Historic Preservation Act and the applicant is complying with the provisions of that law and any corresponding regulations. (F) Applications for licenses must be made upon standard forms prescribed by the institute. Each application must include at least: (1) the precise position of the project location including a map of sufficient detail to enable the location to be accurately depicted on a standard marine navigational chart; (2) the depth of the project location; (3) the applicant's opinion based upon archival or archaeological research as to specific characteristics of the submerged archaeological historic property including, at a minimum and where applicable, size, age, type and identity, methods and materials of construction, and the general condition of the property. In the case of submerged paleontological property, the applicant's opinion based upon archival or paleontological research as to specific characteristics of the submerged paleontological material including, at a minimum and where applicable, size, geologic time period, type and identity, and the general condition of the fossils. The institute may also require the applicant to submit pertinent archival, archaeological, paleontological, and other research data utilized by the applicant as the basis of the applicant's opinion; (4) a proposed research plan which must conform to the standards of underwater archeology established by the institute and designed to recover relevant scientific, historical, architectural, paleontological or other data as well as artifacts. It must be in a form prescribed by the institute and detail the proposed techniques and methods of excavation, recovery, conservation, inventory, recordation, storage of recovered materials, dissemination of data, and the proposed starting date and length of time expected to be devoted to the work. The proposed research plan must also consist of: (a) a description of the proposed methodology, identification, documentation, or other treatment of submerged archaeological historic property or submerged paleontological property that identifies the project's goals, methods, and techniques, expected results, and the relationship of the expected results to other proposed activities or treatments; (b) a justification of the specific techniques and methods proposed to be used; (5) information regarding the personnel who will be performing the work. This information must include at least the following: (a) the name and address of the applicant; (b) the name and address of the field archaeologist who will be immediately supervising the work; (c) the names and addresses of all persons who will participate in the work; and (d) a listing for each individual, including the field archaeologist, of his relevant experience, training, and certifications in maritime archeology or related fields. (6) a listing of the proposed equipment to be used in the work or that will be available for use; (7) a copy of the applicant's most current financial statement and an explanation of the applicant's proposed resources financially to support the work; and (8) the appropriate license application fee.
S.C. Code Ann. § 54-3-620 — SC Code / Title 54 / Chapter 3 / Article 7 / Section 54-3-620
SECTION 54-3-620. Permit for construction of wharf or other obstruction.
Status: in_force

No person shall build or extend any wharf or other obstruction in or upon the waters of the bay or harbor of Charleston or the rivers or creeks flowing therein without first obtaining, in writing, from the Authority a permit for so doing, except when the lines of such wharf have been fixed by any grant or by authority of State legislation, under a penalty of twenty dollars for every day such wharf or obstruction shall remain.
S.C. Code Ann. § 54-3-420 — SC Code / Title 54 / Chapter 3 / Article 5 / Section 54-3-420
SECTION 54-3-420. Examination of facilities.
Status: in_force

The Authority may examine into all wharves, warehouses and terminal facilities, and the approaches thereto in Charleston County.
S.C. Code Ann. § 54-3-50 — SC Code / Title 54 / Chapter 3 / Article 1 / Section 54-3-50
SECTION 54-3-50. Removal by Governor.
Status: in_force

Members of the board of directors may be removed by the Governor pursuant to Section 1-3-240(C)(1), for a breach of duty required by Section 54-3-80, or for entering into a conflict of interest transaction prohibited by Section 54-3-90.
S.C. Code Ann. § 54-3-20 — SC Code / Title 54 / Chapter 3 / Article 1 / Section 54-3-20
SECTION 54-3-20. Appointment and terms of members; vacancies.
Status: in_force

(A) The members of the board, except for the Secretary of Transportation and the Secretary of Commerce, shall be appointed by the Governor, with the advice and consent of the Senate, for terms of five years each and until their successors shall have been appointed, screened, and qualified. In the event of a vacancy, however caused, a successor shall be appointed in the manner of original appointment for the unexpired term. (B) A candidate for appointment to the board may not be confirmed by the Senate or serve on the board, even in an interim capacity, until he is found qualified by possessing the abilities, the experience, and the minimum qualifications contained in Section 54-3-60. Effect of Amendment The 2009 amendment designated subsection (A), adding ", except for the Secretary of Transportation and the Secretary of Commerce" and ", screened," and substituting "five years" for "seven years"; and added subsection (B) relating to candidate qualifications.
S.C. Code Ann. § 54-3-1330 — SC Code / Title 54 / Chapter 3 / Article 13 / Section 54-3-1330
SECTION 54-3-1330. Cooperation by state agencies.
Status: in_force

State agencies must fully cooperate with requests from the commission for assistance in carrying out its responsibilities and duties as established in this article.
S.C. Code Ann. § 54-3-700 — SC Code / Title 54 / Chapter 3 / Article 8 / Section 54-3-700
SECTION 54-3-700. Sale of property; conditions and requirements.
Status: in_force

(A) The State Ports Authority has not had statutory responsibility to operate a marine terminal at Port Royal since September 21, 2004, and has ceased all marine operations at Port Royal. (B) The State Ports Authority is hereby directed to sell all its real and personal property at Port Royal as soon as practicable. The property must be marketed for sale in whole, or in parcels, at the discretion of the State Ports Authority. (C)(1)(a) The State Ports Authority, in its discretion, shall determine the manner of the sale. In no event shall terms of the sale extend beyond June 30, 2015, except as provided in subitems (b) and (c). The sale of the property in an amount permitted by item (3) shall satisfy the board's fiduciary duties to the authority and the authority's bondholders. (b) If the State Ports Authority has accepted a bona fide offer to purchase a parcel of the property, or an offer to purchase the property in whole, but the sale has not closed as of June 30, 2015, then the parcel that is the subject of the pending sale, or the property as a whole, shall not be transferred pursuant to item (2) on July 1, 2015. The State Ports Authority shall have until midnight on December 31, 2015, to close the sale. If the sale is not closed by midnight on December 31, 2015, then the parcel, or the property as a whole, shall be transferred pursuant to item (2). (c) If the State Ports Authority has received a bona fide offer for a parcel of the property, or for the property as a whole, within ninety days prior to June 30, 2015, the transfer of the parcel that is the subject of the offer, or the property as a whole, shall not be transferred pursuant to item (2) on July 1, 2015. The State Ports Authority shall have until midnight on December 31, 2015, to close the sale. If the sale is not closed by midnight on December 31, 2015, then the parcel, or the property as a whole, shall be transferred pursuant to item (2). (2)(a) Except as provided in subsection(C)(1)(b) and (c), on July 1, 2015, the property must be irrevocably transferred to the Division of General Services in the Department of Administration, as established by Act 121 of 2014, for sale at public auction. Upon the transfer of the property to General Services, the Department of Administration is vested with all of the board's fiduciary duties to the authority and the authority's bondholders. (b) Sale of the property pursuant to this section, and in an amount permitted by item (3), shall satisfy the board's fiduciary duties to the authority and the authority's bondholders. (3) The State Ports Authority and General Services may accept a sales price on any parcel of the property, or the property as a whole, that is equal to, or greater than, eighty percent of the appraised value of the property to be sold. General Services may deduct from the proceeds of the sale an amount equal to the actual costs incurred in conjunction with the sale of the property. The balance of the proceeds must be transmitted to the authority. The Town of Port Royal or Beaufort County, or a combination of the two, may purchase the property at a price within the parameters established in this item. (D) Any real or personal property at Port Royal which is to be sold must be appraised prior to the sale. The real property appraiser must be a State Certified General Real Estate Appraiser, a member of the Appraisal Institute (MAI), and must be knowledgeable in appraisal and in appraising closed industrial sites. The appraisal of the real property should include its future development opportunities and those of the surrounding properties, and give due consideration to the possible existence of adverse environmental conditions and structurally unsound improvements. The sale of the real property shall comply with all state laws and procedures. All proceeds from the sale of real and personal property at Port Royal must be retained by the State Ports Authority, except as provided in subsection (C)(3), and except that the Town of Port Royal may petition the State Fiscal Accountability Authority, or its successor entity, for a portion of the net proceeds from a sale and may be allocated a portion of these net proceeds in an amount not to exceed five percent of the net proceeds upon showing the allocation is necessary to pay for infrastructure needs directly associated with and necessitated by the closing of the port as Port Royal. These funds must be expended at the direction of the Town Council of Port Royal with the approval of the State Fiscal Accountability Authority, or its successor entity, solely for infrastructure, and shall have priority over all other expenditures except usual and necessary closing costs attributable to a sales contract. Effect of Amendment The 2009 amendment, in subsection (C), designated subparagraph (1), substituting "2009" for "2006" and making nonsubstantive changes, and added paragraph (2) relating to transfer of the property to the State Budget and Control Board; and, in subsection (D), added the fourth sentence relating to acceptance of a sale price, added "State" preceding "Budget and Control Board" in the sixth sentence, and made nonsubstantive changes throughout. 2014 Act No. 230, SECTION 1, rewrote the section.
S.C. Code Ann. § 54-11-10 — SC Code / Title 54 / Chapter 11 / Section 54-11-10
SECTION 54-11-10. Interfering with aids to navigation.
Status: in_force

Any person who (a) shall moor any vessel of any kind whatsoever or any raft or part of a raft to any buoy, beacon or daymark placed in the waters of this State by the authority of the United States lighthouse board, (b) shall in any manner hang on with any vessel or raft or part of a raft to any such buoy, beacon or daymark, (c) shall wilfully remove, damage or destroy any such buoy, beacon or daymark, (d) shall cut down, remove, damage or destroy any beacon erected on land in this State by the authority of the United States lighthouse board or (e) through unavoidable accident run down, drag from its position or in any way injure any such buoy, beacon or daymark and shall fail to give notice of having done so as soon as practicable to the lighthouse inspector or lighthouse engineer of the district in which such buoy, beacon or daymark may be located shall, for every such offense, be guilty of a misdemeanor and shall be punished by a fine not to exceed two hundred dollars or imprisonment not to exceed three months, or both, at the discretion of the court.
S.C. Code Ann. § 54-3-103 — SC Code / Title 54 / Chapter 3 / Article 2 / Section 54-3-103
SECTION 54-3-103. Approval of compensation of executive and division directors.
Status: in_force

Compensation for the executive director and division directors shall be approved by the board of directors in a public vote. For the purpose of this section, compensation includes, but is not limited to, annual salary, bonuses, severance, and vehicle allowances.
S.C. Code Ann. § 54-1-10 — SC Code / Title 54 / Chapter 1 / Section 54-1-10
SECTION 54-1-10. Charleston designated State port.
Status: in_force

The port of Charleston is hereby declared the State port of South Carolina. Nothing in this section contained shall be construed as in any wise intended to be prejudicial to any other port of the State.
S.C. Code Ann. § 54-3-70 — SC Code / Title 54 / Chapter 3 / Article 1 / Section 54-3-70
SECTION 54-3-70. Performance review of executive director.
Status: in_force

The board shall conduct an annual performance review of the executive director and submit a written report of its findings to the Governor and the General Assembly. A draft of the performance review must be submitted to the executive director, and the executive director must be provided an opportunity to be heard by the board of directors before the board submits the final draft to the Governor and the General Assembly.
S.C. Code Ann. § 54-3-220 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-220
SECTION 54-3-220. Connecting with or crossing other railroads.
Status: in_force

The Authority may with its terminal railroads connect with or cross any other railroad upon the payment of just compensation and receive, deliver to and transport the freight, passengers and cars of common carrier railroads as though it were an ordinary common carrier.
S.C. Code Ann. § 54-3-1020 — SC Code / Title 54 / Chapter 3 / Article 11 / Section 54-3-1020
SECTION 54-3-1020. Disbursement of funds; surplus.
Status: in_force

All funds of the Authority shall be deposited in a bank or banks to be designated by the Authority. Funds of the Authority shall be paid out only upon warrants signed by the treasurer of the Authority and countersigned by the chairman or the acting chairman. No warrants shall be drawn or issued disbursing any of the funds of the Authority except for a purpose authorized by this chapter and only when the account or expenditure for which they are to be given in payment has been audited and approved by the Authority. Any and all net revenues or earnings not necessary or desirable for the operation of its business shall be held subject to the further action of the General Assembly.
S.C. Code Ann. § 54-15-10 — SC Code / Title 54 / Chapter 15 / Section 54-15-10
SECTION 54-15-10. South Carolina Commissioners of Pilotage for the Upper and Lower Coastal Area; jurisdiction; regulations.
Status: in_force

Subject to Section 8501 of Title 46 of the United States Code, the South Carolina Commissioners of Pilotage for the Upper Coastal Area shall have jurisdiction over and shall regulate pilotage for the bars and harbors of South Carolina beginning at Little River, which is a boundary between South Carolina and North Carolina, to Cape Romain; the South Carolina Commissioners of Pilotage for the Lower Coastal Areas shall have jurisdiction over and shall regulate pilotage from Cape Romain to the South Carolina side of the Savannah River, which is a boundary between South Carolina and Georgia. Any bars, harbors, or ports that lie on or within these boundaries shall be subject to the aforementioned regulatory jurisdiction, but in consideration of the physical exigencies of each port, the commissioners having jurisdiction shall promulgate separate regulations for such respective ports. Effect of Amendment The 1995 amendment added the second undesignated paragraph to provide for terms of the Georgetown Pilotage Commission. The 2006 amendment rewrote this section.
S.C. Code Ann. § 54-15-170 — SC Code / Title 54 / Chapter 15 / Section 54-15-170
SECTION 54-15-170. Pilot boats at Charleston must be approved by commissioners.
Status: in_force

All boats used in the pilotage for the port and harbor of Charleston shall be entirely and absolutely subject to the inspection, direction, and approval of the South Carolina Commissioners of Pilotage for the Lower Coastal Area. Effect of Amendment The 2006 amendment substituted "South Carolina Commissioners of Pilotage for the Lower Coastal Area" for "Commissioners of Pilotage for the port of Charleston".
S.C. Code Ann. § 54-3-1300 — SC Code / Title 54 / Chapter 3 / Article 13 / Section 54-3-1300
SECTION 54-3-1300. Commission established; membership; factors considered in making appointments; officers and meetings.
Status: in_force

(A) There is hereby established a commission to be known as the Review and Oversight Commission on the South Carolina State Ports Authority, hereinafter referred to as the commission, which must exercise the powers and fulfill the duties described in this article. (B) The commission is composed of the following ten members: (1) from the Senate: (a) the Chairman of the Finance Committee or his designee; (b) the Chairman of the Judiciary Committee or his designee; (c) the Chairman of the Transportation Committee or his designee; and (d) two members appointed by the President of the Senate, one member upon the recommendation of the Senate Majority Leader and one member upon the recommendation of the Senate Minority Leader; (2) from the House of Representatives: (a) the Chairman of the Ways and Means Committee or his designee; (b) the Chairman of the Judiciary Committee or his designee; (c) the Chairman of the Labor, Commerce and Industry Committee, or his designee; and (d) two members of the House of Representatives appointed by the Speaker of the House of Representatives. (C) In making appointments to the commission, race, gender, and other demographic factors, such as residence in rural or urban areas, must be considered to assure nondiscrimination, inclusion, and representation to the greatest extent possible of all segments of the population of the State. (D) The commission must meet as soon as practicable after appointment and organize itself by electing one of its members as chairman and such other officers as the commission may consider necessary. Thereafter, the commission must meet as necessary to screen candidates for appointment to and at the call of the chairman or by a majority of the members. A quorum consists of six members. Effect of Amendment 2019 Act No. 1, SECTION 64, in (B)(1)(d), substituted "President of the Senate" for "President Pro Tempore".
S.C. Code Ann. § 54-7-740 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-740
SECTION 54-7-740. Additional provisions applicable to licenses issued by State Archaeologist.
Status: in_force

For each license issued by the State Underwater Archaeologist the following provisions also apply: (1)(a) The assignment of additional personnel or any change in the personnel from that scheduled in the application to perform the work is subject to prior approval by the institute in order to assure that the overall qualifications of the licensee are consistent with those originally considered by the institute in the issuance of the license. (b) The institute must be afforded at least ten business days to review the qualifications of proposed new personnel before approving their assignment. If the institute fails to respond within the ten-day period the new personnel are considered approved. (2)(a) At all times there must be a person designated by and acting for the licensee aboard any vessel or present at any phase of the work carried out under the license who is responsible for the work and the proper accounting of all artifacts and fossil specimens located or recovered and who must be familiar with and responsible for compliance with the terms and requirements of the license. (b) At all times the work must be under the immediate supervision of a professional field archaeologist with training or experience in maritime archeology that is acceptable to the institute or, where a paleontological property is involved, a field paleontologist or museum curator that is acceptable to the museum. (c) The monitoring archaeologist, if any, shall ensure that the field archaeologist complies with the research plan approved by the institute. (d) The monitoring paleontologist, if any, shall ensure that the field paleontologist complies with the research plan approved by the institute and museum. (e) Any disputes or differences of opinion between the field archaeologist and the monitoring archaeologist must be resolved by the monitoring archaeologist. (f) Disputes or differences of opinion between the field paleontologist and the monitoring paleontologist must be resolved by the monitoring paleontologist. (g) If a license contains monitoring provisions, the licensee shall act in accordance with the direction given by the monitoring archaeologist and/or monitoring paleontologist, especially with respect to: (i) methods of handling any artifact or fossil specimen so as to minimize any risk of loss, damage, substantive injury to, or deterioration of, the artifact or specimen; (ii) methods of preserving from damage, decay, or deterioration any artifact or fossil specimen by contact with air, light, or otherwise; (iii) methods of entering upon or dealing with any site so to avoid as much as possible any damage to the site; and (iv) methods of cataloguing, indexing, or recording any artifacts and/or fossil specimens found upon or in the vicinity of any site whether or not those artifacts or specimens are brought to the surface. (3)(a) Changes in financial support or equipment for the project from that listed on the license application must be approved by the institute. (b) The licensee shall notify the institute in writing of changes or proposed changes in financial support or equipment from that noted in the license application. The notice shall contain information regarding the change in the form and detail required by the institute. The institute must be afforded at least ten business days to review the changes before making a decision whether or not to approve them. If the institute fails to respond within the ten-day period, the changes are considered approved. (c) If the institute determines that changes or proposed changes in the financial support or the equipment for the project from that listed in the license application decrease materially the licensee's ability to carry out and complete the project in accordance with the research plan approved by the institute, the State Archaeologist may revoke the license. (4)(a) The institute may require that security be provided and maintained for sites where submerged archaeological historic property or submerged paleontological property are discovered that are sufficiently significant to warrant protection. (b) If the institute determines that a site warrants protection, the licensee is responsible for providing and maintaining security for the site. (c) The State is not responsible for marking or protecting a site except as the institute may determine to be desirable in the administration of this article. (5) During work carried out under a license granted by the institute, the applicant shall maintain logs of all activities related to the license on standard forms prescribed by the institute which must include: (a) a day log; (b) a survey log; (c) a diving log; (d) a photographic log; and (e) an artifact log, including a catalogue numbering system prescribed by the institute. (6)(a) The licensee may not use any means of survey or excavation that would destroy or substantially injure a submerged archaeological historic property or submerged paleontological property before its location has been documented. (b) The licensee may not use explosives, cutterhead dredges, draglines, clam dredges, airlifts, suction dredges, propwash deflectors, or other grossly destructive devices in any aspect of activities covered under a license without the prior written consent of the institute. (7)(a) Recovery of artifacts and/or fossils may be made only under the supervision of the monitoring archaeologist in accordance with the research plan approved by the institute. (b) Large artifacts such as cannons, anchors, and hull remains that have not been specified for recovery in the license may not be recovered unless the licensee has obtained specific written permission from the institute. (c) Before a division of artifacts and/or fossils in accordance with the method established at the issuance of the license, the licensee may not: (i) devise, bequeath, transfer, convey, or dispose of by any manner an artifact or fossil recovered under the authority of a license; or (ii) melt, render down, or in any way change the shape, character, or form of an artifact or fossil recovered under the authority of a license. (8)(a) The licensee is wholly responsible for transporting, storing, and stabilizing all artifacts and fossils raised under the license and for the costs associated with these activities. The licensee is wholly responsible for conserving all artifacts and/or fossils to which the licensee receives title in a division. (b) The licensee shall deliver by a safe means all artifacts and/or fossils recovered during each calendar month through the duration of the license to the conservation facility approved by the institute in accordance with Section 54-7-720(A)(1)(b) for secure storage until the artifacts and/or fossils are treated or disposed of in accordance with the license. The licensee shall ensure delivery of the artifacts and/or fossils to the conservation facility within a time that has been specified in the license. (c) Every artifact and fossil delivered for storage to the conservation facility must be catalogued on an inventory form. The inventory form shall indicate receipt of the artifacts and/or fossils through the signature of a person authorized by the facility to receive the artifacts and fossils from the licensee. One copy of the inventory must be retained by the licensee, one copy must be transmitted to the institute, and one copy must be kept with the artifacts and/or fossils at the conservation facility. (d) The institute may designate separate storage areas for artifacts and fossils which are bulky and of a comparatively low intrinsic historical, scientific, or educational value from those items of high intrinsic historical, scientific, or educational value. (e) While any artifact or fossil is in storage, the State may use whatever means appropriate to inspect, document, conserve, record, and analyze the artifact or fossil. (9)(a) The licensee shall comply fully with all applicable federal, state, or local safety regulations governing activities exercised under the privileges of the license. (b) The licensee shall agree to indemnify the State and the institute from liability in accordance with Section 54-7-820(B). (c) The licensee shall maintain adequate insurance coverage for workers' compensation and liability to cover all activities under the license. (10) The licensee shall remove all waste, refuse, rubbish, or litter from the submerged lands caused by the licensed activity. (11)(a) The licensee shall comply fully with all federal, state, and local laws and regulations which govern the activities exercised under the privileges of the license and shall apply for, receive, and fully comply with all necessary licenses and permits. (b) The licensee shall ensure that its operations are conducted in a manner so as not to impede navigation in existing federal or state navigation channels or to damage or destroy important natural areas, geologic formations, ecological preserves, or habitat areas. (12) In addition to any monitoring requirement that may be set forth in the license, a representative of the institute or, where paleontological property is involved, a representative of the museum may visit and be present at the location of operations carried out under a license including diving operations, storage, conservation, recordation, or any other aspect of the operations for which a license has been granted in order to ensure compliance with the license and this article. (13)(a) A representative of the institute or other designated state enforcement authority may at any time require the licensee to produce the license for examination. (b) A representative of the institute may examine all work done or being done under the license. (14) Licensees shall maintain records and file reports of activities as the institute specifies in the license. All records must be open to inspection by representatives of the institute or, where paleontological property is involved, representatives of the museum during reasonable working hours. (15) A license, or any part of a license, may not be assigned by the licensee to another person including a successor in interest of the licensee without the prior written consent of the institute. The work covered by a license may not be contracted or subcontracted by the licensee to any party not addressed by the license without the prior written consent of the institute. (16) The licensee shall retain full responsibility for the operations conducted under the license whether or not any of the work has been contracted or subcontracted. At all times there must be a person designated by the licensee aboard a vessel or present at any phase of the operation conducted under the privileges of the license who must be responsible for the work and who is familiar with the law, stipulations, and directives concerning the work and who is responsible for compliance with them in order to insure preservation of submerged archaeological historic property and/or submerged paleontological property. (17) The licensee shall prohibit its agents or employees from retaining any artifact and/or fossil specimens from a site. (18)(a) No applicant may be granted more than one exclusive license for the same time period. (b) To afford adequate protection for the interest of the State, it is the policy of the institute to limit the number of licenses granted to those that can be properly supervised, monitored, and administered by the authorized agents of the institute. Effect of Amendment The 2002 amendment, in the introductory paragraph, substituted "State Underwater Archaeologist" for "State Archaeologist".
S.C. Code Ann. § 54-3-117 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-117
SECTION 54-3-117. North Charleston container terminal.
Status: in_force

The authority shall take all action necessary to expeditiously complete construction of a container terminal in North Charleston.
S.C. Code Ann. § 54-3-1350 — SC Code / Title 54 / Chapter 3 / Article 13 / Section 54-3-1350
SECTION 54-3-1350. Documents relating to sale of real property owned by commission; confidentiality.
Status: in_force

In order to discharge their oversight responsibilities in regard to State Ports Authority operations and management, the commission may request and shall be provided within fifteen days after the request with any documents related to the sale or disposition or contemplated sale or disposition of any real property owned by the authority. The provisions of this section supersede any conflicting provisions contained in the Freedom of Information Act and these documents may be shared only with members of the commission, staff assigned to the commission, members of the General Assembly with whom the commission chooses to consult concerning the matter, or legal counsel employed by the Senate or the House of Representatives. These documents and the information contained in them must be kept confidential, and are not subject to public disclosure, or any other disclosure not permitted by the provisions of this section.
S.C. Code Ann. § 54-15-260 — SC Code / Title 54 / Chapter 15 / Section 54-15-260
SECTION 54-15-260. Duty of pilots during war or under special orders.
Status: in_force

In case of war no pilot shall bring in or furnish supplies to any armed vessel belonging to an enemy at war with the United States or carry out any armed vessel to that enemy, without being ordered to do so by the constituted authorities of the United States. Every pilot violating this section shall forfeit his license and be disqualified forever from acting as a pilot. If at any time the President of the United States or the Governor of the State shall prohibit the furnishing with supplies, or the bringing in or the carrying out of any vessel belonging to any nation or state or to a subject of any nation or state, every pilot shall comply with every prohibition, on pain of incurring the same penalty and punishment as for like offenses in time of war. Effect of Amendment The 2006 amendment, at the beginning of the second sentence, substituted "Every pilot violating this section" for "And every pilot herein in any wise offending" and made nonsubstantive changes throughout.
S.C. Code Ann. § 54-15-290 — SC Code / Title 54 / Chapter 15 / Section 54-15-290
SECTION 54-15-290. Rates and fees; publication.
Status: in_force

All rates and fees for all pilotage services for each port shall be fixed by the Commissioners of Pilotage for the port and the South Carolina Commissioners of Pilotage shall require the pilots to have printed and made available to all interested parties a published schedule of rates and fees. Effect of Amendment The 2006 amendment substituted South Carolina Commissioners of Pilotage" for "Commissioners".
S.C. Code Ann. § 54-15-80 — SC Code / Title 54 / Chapter 15 / Section 54-15-80
SECTION 54-15-80. Examination fee.
Status: in_force

The Commissioners of Pilotage for each area shall set by regulation a fee calculated to defray the expenses of examination, licensing, and issuing any certification under Chapter 15 of Title 54. Effect of Amendment The 2006 amendment substituted "area" for "port".
S.C. Code Ann. § 54-3-118 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-118
SECTION 54-3-118. Public-private partnerships to increase capital investments in port facilities.
Status: in_force

It is the intent of the General Assembly that the State Ports Authority board consider public-private partnerships with private investors that increase capital investments in port facilities and in the State of South Carolina. However, the board retains all authority associated with entering a public-private partnership on behalf of the port.
S.C. Code Ann. § 54-7-770 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-770
SECTION 54-7-770. Modification of licenses; property disposition agreements.
Status: in_force

Upon the written request of the licensee, or if considered necessary by the institute, the institute may issue a modification to the license that can add, delete, or modify provisions contained in the license if the modification is consistent with this article. (1) The institute may determine that with respect to a particular application for a data recovery license, it is in the best interest of the State to do either, or a combination of the following: (a) retain the state's title and control of all or a portion of recovered submerged archaeological historic property or submerged paleontological property; or (b) enter into a disposition agreement and convey the state's title to all or a portion of recovered submerged archaeological historic property or submerged paleontological property. (2)(a) A data recovery license issued by the institute also may include a disposition agreement that authorizes the state's conveyance of title to submerged archaeological historic property or submerged paleontological property, or a portion of the property, if: (i) the institute and the applicant have agreed upon a division of the artifacts and/or fossils expected to be recovered which may be in value, in kind, or a combination of both; and (ii) the applicant has agreed that its share of the division constitutes reasonable compensation for the recovery of artifacts and/or fossils to which the institute determines to retain the state's title. (b) The institute shall act as arbiter of the division of artifacts and fossils giving due consideration to the fair treatment of the applicant and acting in the best interest of the State which may include the desire to maintain the integrity of a collection as a whole. (c) The terms of a disposition agreement must include a provision that, except as provided in item (d) of this subsection, following the actual disposition of the artifacts and/or fossils, the licensee owns the artifacts and/or fossils free and clear of any interest of the institute or the State. (d) The terms of a disposition agreement may include: (i) an option or right of first refusal by the institute to purchase from the licensee after disposition of title one or more artifacts and/or fossils about which the institute has made a written determination to be of archaeological, anthropological, historical, recreational, or other public value to warrant reacquisition by the institute in certain circumstances; and (ii) the terms of additional compensation to be received by the licensee if, after recovery of the artifacts and/or fossils, the institute elects to retain title to more artifacts and/or fossils than as originally provided in the disposition agreement. (3) A representative of the institute or, where submerged paleontological property is involved, a representative of the museum, and the licensee shall inspect all artifacts and/or fossils recovered under the license within a reasonable time following recovery but in no event later than sixty days after the expiration of the license. (4) The institute and the licensee shall carry out the terms of disposition of artifacts as agreed upon in the license which will allow for a reasonable time for photography, study, research, and conservation of the artifacts and/or fossils. (5) The licensee is not entitled to claim any sum other than payment, if any, which may be provided for under the disposition agreement and is not entitled to claim reimbursement of expenses of data recovery. (6) For a commercial applicant for a data recovery license, the applicant, if licensed, must receive at least fifty percent of the artifacts and/or fossils recovered in value or in-kind.
S.C. Code Ann. § 54-7-670 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-670
SECTION 54-7-670. Hobby licenses; hobby divers, reports; restrictions.
Status: in_force

(A) A person desiring to conduct temporary, intermittent, recreational, small scale, noncommercial search and recovery of submerged archaeological historic property or submerged paleontological property shall apply for a hobby license from the institute. Any person collecting from state property such as river banks or beaches below the mean low watermark shall apply for a license. (B) A person desiring to apply for a hobby license shall submit a completed application on a standard form prescribed by the institute together with a license fee. A license fee of five dollars for residents of this State and ten dollars for nonresidents must be charged for a six-month hobby license. A license fee of eighteen dollars for residents of this State and thirty-six dollars for nonresidents must be charged for a two-year hobby license. (C) This nonexclusive statewide license may be granted optionally for a six-month or two-year period. (D) Licenses may be granted to individuals or members of an immediate family. (E) Hobby license holders may not exercise the privileges of their licenses in waters for which any type of exclusive license has been granted and is in effect or in waters for which such exclusive licenses become effective during the life of that exclusive license. (F) This section limits the recovery of objects or materials from submerged archaeological historic property and submerged paleontological property under a hobby license to a limited number of objects which can be recovered by hand. All powered mechanical dredging and lifting devices and buoyancy equipment except a personal flotation device of any sort are prohibited including, but not limited to, prop wash, air lift, water dredge, and pneumatically-operated lift bags under the license. (1) A person with a hobby license may collect from submerged lands of this State a reasonable number of artifactual items and/or complete and fragmented fossil specimens a day that: (a) are exposed or resting on the bottom sediments of submerged lands; and (b) do not require excavation to recover. (2) No artifactual or paleontological materials may be recovered from submerged lands of this State unless they can be obtained by hand. (3) No specimen may be recovered from a fossil specimen with joined or interrelated elements before contacting the museum. (G)(1) All persons who have collected objects in accordance with Section 54-7-670 shall furnish the institute with a report which is to include a list of the objects and a description of the places from which the objects were recovered. Hobby divers are also encouraged, but not required, to include photographs or drawings of artifacts recovered and rough sketch plans of the site or map of the location with the exception of shipwreck sites covered under item (2) of this subsection. Reports submitted under a two-year hobby license must be filed within ten days following the end of the calendar quarter in which the activities took place. All reports under this license must be filed with the institute prior to submitting application for renewal of a hobby license. The institute will not consider applications for renewal until all outstanding reports have been received. (2) No more than ten artifacts a day may be recovered from a shipwreck site. Divers may not destroy the integrity of the ship's structure by removing or moving timbers, fittings, fastenings, or machinery. Hobby divers who have recovered any artifacts from a shipwreck site must include in the report both a locational reference to the shipwreck site by locating the site on a topographic or hydrographic chart and a sketch map of the wreck site showing the location from where the artifacts were recovered in relation to the wreck. (3)(a) The institute shall review each list of objects and within sixty days from the receipt of the quarterly report release title to all artifacts reported. (b) Objects recovered that are not considered by the institute to be artifactual items may be retained by the persons who collected the objects. (c) If the institute has not acted by the end of the sixty days, title to the artifactual material recovered and listed on the hobby diver's report is automatically conveyed to the licensee. (d) If the institute has determined that the licensee has violated any of the terms of this article, the institute may require that the artifacts be turned over to the institute and revoke the license. (H)(1) All persons who have collected fossil specimens in accordance with Section 54-7-670 shall furnish the museum commission with a report, which must include a list of the fossils and a description of the places from which the fossils were recovered. Hobby divers are also encouraged, but not required, to include photographs or drawings of fossils and rough sketch plans of the site or map of the location. All reports submitted under a two-year hobby license must be filed within ten days following the end of the calendar quarter in which the activities took place. All reports under this license must be filed with the institute prior to submitting application for renewal of a hobby license. The institute will not consider applications for renewal until all outstanding reports have been received. (2)(a) The museum shall review each list of specimens and within sixty days from receipt of the quarterly report release title to all specimens reported. (b) Specimens recovered that are not considered by the museum to be paleontological material may be retained by the persons who collected the fossils. (c) If the museum has not acted by the end of the sixty days, title to the paleontological material recovered and listed on the quarterly report is automatically conveyed to the licensee. Effect of Amendment The 1992 amendment, in (3)(a) of subsection (G), substituted "artifacts" for "specimens". The 2002 amendment, in subsection (B), deleted the last sentence setting the license fee; in subsection (C), deleted the final clause of the first sentence and the second and third sentences dealing with renewals and weekend and two-day hobby licenses; rewrote subsection (D) to delete references to hobby and instructional licenses; and in subsections (G)(1) and (H)(1), deleted references to SECTION 54-7-680 and the licenses issued under it, rewrote the fourth sentences and added the fifth sentences.
S.C. Code Ann. § 54-3-245 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-245
SECTION 54-3-245. Seafood industrial port in Beaufort County.
Status: in_force

In addition to the powers granted previously to the State Ports Authority, the Authority may construct, equip and operate a seafood industrial port in Beaufort County or it may contract with any agency or political subdivision of the State of South Carolina for any or all of these purposes.
S.C. Code Ann. § 54-7-800 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-800
SECTION 54-7-800. License; suspension, revocation, or restoration; grounds for revocation; notice and hearing; appropriation of data and artifacts recovered as result of violation.
Status: in_force

(A) The institute may suspend operations under a license at any time for just cause if it has reason to believe that the terms and provisions of a license or other applicable law or regulation are being violated. Within ten days of the suspension, the State Underwater Archaeologist or his designee shall begin investigating the facts underlying a suspension. Upon conclusion of this investigation, the State Underwater Archaeologist shall issue a written determination recommending either that the license be restored or that the license be revoked. If the State Underwater Archaeologist recommends revocation of the license, then the license shall remain suspended until the matter is resolved as provided in this section. (B) The State Underwater Archaeologist may revoke a license for: (1) failure to begin work under the terms of the license within the first one-third of the period of the license; (2) failure to work diligently toward completion of the project after it has been started or failure to maintain a presence on the site if weather permits; (3) if a licensee knowingly makes or causes to be made a false statement or report that is material to an action taken by the institute; (4) failure to comply with any of the provisions of the license; (5) violation of this article or any other pertinent law or regulation; or (6) when a license has been issued based upon incorrect information, mistaken belief, or clerical error, or any other just cause as provided by this article. (C)(1) The institute shall serve a notice of intent to revoke a license upon the licensee with a brief statement of the reasons alleged. (2) The licensee may request a hearing within thirty days of receiving the notice by filing a written request for a hearing with the institute. (3) The hearing must be held in accordance with Article 3, Chapter 23, Title 1, the Administrative Procedures Act. (D) The institute or anyone authorized by the institute may appropriate any artifacts and data that have been collected or recovered as a result of a violation of this article. The appropriated artifactual materials must be managed, cared for, and administered by the institute and the appropriated paleontological materials must be managed, cared for, and administered by the museum until a hearing can be held. Effect of Amendment The 2002 amendment, in subsections (A) and (B), substituted "State Underwater Archaeologist" for "State Archaeologist".
S.C. Code Ann. § 54-3-155 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-155
SECTION 54-3-155. Sale of real property, building, terminals, or other permanent structures.
Status: in_force

Without prior approval from the State Fiscal Accountability Authority or the Department of Administration, as applicable, the authority may not sell any real property or any buildings, terminals, or other permanent structures, excluding equipment, appurtenant to real property that are or may be used to carry out the purposes of the authority as provided in Section 54-3-130.
S.C. Code Ann. § 54-3-810 — SC Code / Title 54 / Chapter 3 / Article 9 / Section 54-3-810
SECTION 54-3-810. Jurisdiction and powers of Authority over harbor and bay of Charleston.
Status: in_force

The South Carolina State Ports Authority shall have jurisdiction over the harbor and bay of Charleston and the rivers and creeks flowing therein, may preserve peace and good order in said bay and harbor and shall make such regulations as it may see fit, not repugnant to the laws of the land, for the regulation and government of vessels entering said port and waters so as to provide for their safe and convenient use thereof and for the protection and preservation of said bay, harbor, rivers and creeks from injury by means of deposit of ballast and other materials, the creation of obstructions or for any other cause whatsoever, with authority to prescribe such penalties for the violation of such regulations as it may deem adequate; provided, that such penalty shall not exceed the sum of five hundred dollars for each offense, together with the expense of removing such obstructions or interferences with navigation. The solicitor of the circuit shall enforce such penalties upon the information and at the request of the Authority.
S.C. Code Ann. § 54-7-750 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-750
SECTION 54-7-750. Additional provisions pertaining to intensive survey licenses.
Status: reserved

(A) The conditions set forth in this section for intensive survey licenses apply in addition to the terms and conditions for all licenses. (B)(1) The institute may issue an intensive survey license for up to a defined one square mile area. (2)(a) The institute may issue an intensive survey license for up to ninety days. (b) The licensee may request in writing renewal of the license for one additional period of up to ninety days. Upon application and payment to the institute of an additional fee in the same amount as the initial fee no later than fifteen days before the expiration of the license, the institute may renew a license under which the work has adhered to the license if the institute finds the renewal to be in the best interest of the State. (c)(i) Upon written request and payment to the institute of an additional fee in the same amount as the initial fee, at any time throughout the duration of a license, the licensee may reserve intensive survey rights in the square mile sections immediately surrounding and contiguous to the license area. Unless specifically approved in writing by the institute, the licensee may not carry out any activity in the reserved area until the institute's issuance of an additional license for the reserved area. (ii) The institute may issue an additional intensive survey license for the requested reserved area without any subsequent additional fee if the institute has determined that the licensee has adhered to the terms of the initial license. (C) With a minimum of disturbance to the site the licensee shall: (1) identify the source of anomalies; (2) delineate the extent of the site; and (3) evaluate the potential characteristics and significance of the submerged archaeological historic property or submerged paleontological property in consultation with the monitoring archaeologist or other representative of the institute or museum. (D) The licensee may not recover artifacts and/or fossil materials other than a limited number of small diagnostic artifactual and fossil materials that are useful in dating the site or in otherwise determining site significance. (E) If the institute determines that the licensee has carried out the intensive survey in compliance with the license and this article, the institute may: (1) retain the state's title and control of those artifactual and fossil items that the institute considers to be of primary scientific value or of major archaeological, anthropological, historical, paleontological, recreational, or other public value; and (2) release the state's title to those artifactual and fossil items the institute does not consider to be of primary scientific value or of major archaeological, anthropological, historical, recreational, or other public value. (F)(1)(a) Unless waived in writing by the licensee, the licensee has an exclusive interest for data recovery purposes in the intensive survey license area for one hundred eighty days from the expiration date of the license. The licensee must apply for a data recovery license in accordance with the provisions of this article within the one hundred eighty-day period in order to exercise the licensee's exclusive interest. (b) If the licensee has reserved intensive survey rights in areas immediately surrounding and contiguous to the licensed one square mile section, then, unless waived in writing by the licensee, the licensee has an exclusive interest for data recovery purposes in those reserved areas, if an intensive survey has been conducted in those areas, for one hundred eighty days from the expiration of a license related to those areas that has been issued to the licensee. The licensee shall apply for a data recovery license in accordance with the provisions of this article within the one hundred eighty-day period in order to exercise the licensee's exclusive interest. (2) If the institute does not receive the data recovery license application for the surveyed area within the one hundred eighty-day period or the extended period, the institute may then accept license applications from other persons.
S.C. Code Ann. § 54-7-840 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-840
SECTION 54-7-840. Educational program; underwater archaeologist on staff of institute.
Status: in_force

The institute shall: (1) establish and maintain an educational program for the training of interested members of the public in the identification, recordation, and registration of submerged archaeological historic property and certify those who have successfully completed such training; and (2) ensure that at least one member of the staff of the institute is qualified by training and experience in the field of underwater archaeology.
S.C. Code Ann. § 54-7-10 — SC Code / Title 54 / Chapter 7 / Article 1 / Section 54-7-10
SECTION 54-7-10. Custody and notice of unclaimed stranded goods.
Status: in_force

If any ship, vessel, goods or effects shall be stranded or cast on shore and no person appears to claim the goods which shall be so saved, the local magistrate shall take them into his custody or possession and, as soon as may be, give notice and a schedule in writing of the different articles to the county treasurer, keeping a copy thereof, and deliver safely all such goods and effects to such treasurer or his order who shall be responsible for them and who shall give public notice thereof in a newspaper of general circulation in the county for at least sixty days, if no claim should be made.
S.C. Code Ann. § 54-3-1310 — SC Code / Title 54 / Chapter 3 / Article 13 / Section 54-3-1310
SECTION 54-3-1310. Powers and duties.
Status: in_force

The commission has the following powers and duties: (A) To screen each person appointed to serve on the board: (1) in screening candidates and making its findings, the commission must give due consideration to: (a) ability, area of expertise, dedication, compassion, common sense, and integrity of each candidate; and (b) the impact that each candidate would have on the racial and gender composition of the commission, and each candidate's impact on other demographic factors represented on the commission, such as residence in rural or urban areas, to assure nondiscrimination to the greatest extent possible of all segments of the population of the State; (2) to determine if each candidate is qualified and meets the requirements provided by law to serve as a member of the Board of Directors of the State Ports Authority, make findings concerning whether each candidate is qualified, and deliver its findings to the Clerk of the Senate, the Clerk of the House of Representatives, and the Senate Transportation Committee for confirmation. (B) To conduct an oversight review of the authority and its operations at least once every two years: (1) the oversight reviews must consider whether the authority is promoting, developing, constructing, equipping, maintaining, and operating the harbors and seaports of this State in an efficient, effective manner in accordance with all applicable laws and regulations. The oversight reviews also must include an analysis of the performance of the executive director. In performing this analysis, the commission must consider the report required pursuant to Section 54-3-70 in addition to other information collected concerning the executive director's performance; (a) a draft of a board member's and executive director's performance review and the evaluations of the actions of the board, must be submitted to the appropriate party, and that party must be allowed an opportunity to be heard before the commission conducting the oversight review by the performance review or evaluation, as the case may be, is final; (b) the final performance review of a board member must be made a part of the member's record for consideration if the member seeks reappointment to the board; (2) a written report of the findings from each oversight review must be published in the journals of both houses and made available on the General Assembly's Internet website and transmitted to the Governor and the board. (C) To review and evaluate the complete list of the properties on Daniel and Thomas (St. Thomas) Islands transmitted to the commission. The commission must recommend to the Department of Administration or State Fiscal Accountability Authority, as appropriate, whether to approve the sale or sell, as appropriate, any or all of the real property the authority owns on Daniel Island and Thomas (St. Thomas) Island pursuant to Section 54-3-119. (D) Undertake any additional reviews, studies, or evaluations as it considers necessary.
S.C. Code Ann. § 54-3-630 — SC Code / Title 54 / Chapter 3 / Article 7 / Section 54-3-630
SECTION 54-3-630. Penalty for building wharves or other obstructions beyond limits without authority.
Status: in_force

No person shall build any wharf or other obstruction beyond the lines so fixed by the Authority except when the lines of such wharf have heretofore been fixed by grant or by authority of State legislation. Any person so doing shall pay the sum of twenty dollars for every such offense and shall moreover be fined in the sum of twenty dollars for every day such wharf or other obstruction shall remain.
S.C. Code Ann. § 54-5-40 — SC Code / Title 54 / Chapter 5 / Section 54-5-40
SECTION 54-5-40. Organization of commission.
Status: in_force

The persons so elected, designated or appointed to such office shall qualify by taking the oath taken by the election officers of any such city. The mayor of such city shall notify the persons elected as members of the port utilities commission within ten days after the result of any election is declared and promptly call a meeting for the purpose of organizing the commission. At the first meeting of the port utilities commission of any such city after each election for commissioners it shall organize by election from among the commissioners one to act as chairman of the commission. A secretary shall, as soon as possible, be appointed and shall serve for such period and be paid such salary as may be determined by the commission and until such appointment the clerk of any such city shall act as secretary of the commission.
S.C. Code Ann. § 54-3-102 — SC Code / Title 54 / Chapter 3 / Article 2 / Section 54-3-102
SECTION 54-3-102. Duties of executive director; appointment of division directors and staff.
Status: in_force

(A) The executive director is charged with the affirmative duty to carry out the mission, policies, and direction of the authority as established by the board of directors. He must represent the authority in its dealings with other state agencies, local governments, special districts, and the federal government. (B) The executive director shall appoint a director for each division contained in the organizational structure established by the board of directors, who shall serve at the pleasure of the executive director. (C) For each division established by the organizational structure created by the board, the executive director must employ personnel and prescribe their duties, powers, and functions as he considers necessary and as may be authorized or directed by the board of directors.
S.C. Code Ann. § 54-7-700 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-700
SECTION 54-7-700. Excavation or disturbance of submerged archaeological historic and submerged paleontological property; exclusive license.
Status: in_force

(A) The institute may issue an exclusive license for the excavation or disturbance of submerged archaeological historic property and submerged paleontological property on submerged lands over which the State has sovereign control to any person or entity for the time and under the conditions as the institute considers appropriate. After an agreement has been entered into pursuant to Section 54-7-650(B), licenses may be issued if the institute determines that: (1) issuance of the license is in the best interests of the State; and (2) the applicant has completed an application which includes a research plan that meets standards established by the institute regarding professional qualifications, techniques, and methodology for recovery and dissemination of data and proper conservation of information and materials. (B) The institute may not issue an exclusive license to a person or entity seeking title to a submerged archaeological historic property or submerged paleontological property or a portion of such property, or to a person or entity seeking to utilize a submerged archaeological historic property or submerged paleontological property for commercial salvage or other income-producing purposes, unless: (1) issuance of a license is consistent with the purposes of subsection (A)(2) of this section; (2) the applicant has provided the institute with some form of assurance acceptable to the institute that the project will be carried out and completed in accordance with the research plan approved by the institute; and (3) the institute finds one or more of the following conditions met: (a) the property to be excavated or disturbed is, in the opinion of the institute, threatened with imminent destruction or substantial damage by natural factors or by human factors unrelated to the commercial excavation or disturbance of the submerged archaeological historic property or submerged paleontological property in question; (b) the submerged archaeological historic property or submerged paleontological property is not, in the opinion of the institute, of primary scientific value, of major archaeological, anthropological, historical, recreational, or other public value; (c) the proposed disturbance will be minor in scale and will produce information relevant to the goals of the South Carolina Institute of Archaeology and Anthropology or the South Carolina Museum Commission regarding the management and preservation of submerged archaeological historic property and submerged paleontological property; or (d) that the subject property of the license will not be excavated by any other person in the foreseeable future and that property will remain submerged until that time. (C) The institute may apply the requirements of subsection (B) of this section to all noncommercial applicants. (D)(1) The institute may require a licensee to assist in defraying the cost of the institute's and/or museum's review, administration, and supervision of the license. (2) The application fee for an intensive survey license is fifty dollars for residents and one hundred dollars for nonresidents. The application fee for a data recovery license is five hundred dollars for residents and one thousand dollars for nonresidents. (3) The institute reserves the right to waive the license application fee, in whole or in part, if the institute considers it appropriate in order to adjust the reasonableness of the fee as a proportion of the potential value and risk in undertaking the licensed project to the anticipated costs of the institute to review, supervise, and administer the license. (4) The license application fee must be refunded if the institute rejects a license application.
S.C. Code Ann. § 54-11-40 — SC Code / Title 54 / Chapter 11 / Section 54-11-40
SECTION 54-11-40. Lien on cost of repairs or replacements of navigational aids.
Status: in_force

The cost of repairing or replacing any such buoy, beacon or daymark which may have been misplaced, damaged or destroyed by any vessel or raft whatsoever having been made fast to any such buoy, beacon or daymark shall, when it shall be legally ascertained, be a lien upon such vessel or raft and may be recovered against such vessel or raft and the owner thereof in an action of debt in any court of competent jurisdiction in this State.
S.C. Code Ann. § 54-5-60 — SC Code / Title 54 / Chapter 5 / Section 54-5-60
SECTION 54-5-60. Powers of commission.
Status: in_force

The port utilities commission of any such city may in its name carry out on behalf of such city the intent and purposes of the provisions of Section 54-5-10 and to that end may exercise all the rights, powers and privileges conferred upon such cities in Section 54-5-10. But the commission shall have no power to contract debts except as provided in Section 54-5-80. The commission may adopt a seal and may sue and be sued in any of the courts of this State by the name: The port utilities commission of _ (naming the city). It may require an exact payment of such rates and charges as in the discretion of the commission it is deemed wise to establish from time to time, giving such public notice thereof as it may determine to be reasonable, and may change or modify such rates and charges as circumstances may seem to the commission to warrant.
S.C. Code Ann. § 54-7-650 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-650
SECTION 54-7-650. Licenses to conduct activities affecting submerged archaeological historic or paleontological properties; recovered property.
Status: in_force

(A) A person desiring to conduct activities pursuant to this article in the course of which submerged archaeological historic properties or paleontological properties may be removed, displaced, or destroyed shall apply to the institute for a license to conduct the activity. If the institute finds that the granting of the license is in the best interests of the State, it may grant it for the time and under the conditions the institute considers appropriate to this article. (B) The institute may enter into agreements with licensees for the disposition of recovered submerged archaeological historic property and submerged paleontological property. (C) The disposition may include division of the recovered property with the licensee. (D) The division may be in value or in kind, with the institute acting as arbiter of the division in the best interests of the State and giving due consideration to the fair treatment of the licensee. Any agreement entered into by the institute must provide for the licensee to receive reasonable compensation for any recovered submerged archaeological historic property or submerged paleontological property claimed and turned over to the State. (E) No license is required of the institute or, where submerged paleontological property is involved, the South Carolina Museum Commission, which may conduct any undertakings provided for by this article. All recovered submerged archaeological historic property and submerged paleontological property belong to the State. (F) Any persons desiring to recover anything of value other than submerged archaeological historic property or submerged paleontological property must obtain permission from the Department of Administration under the terms the department determines. (G) A person may not knowingly recover, collect, excavate, or disturb a submerged archaeological historic property or submerged paleontological property on submerged lands over which the State has sovereign control without a license from the institute. (H) The institute shall issue and administer licenses for any activity involving the recovering, collecting, excavation, or disturbance of submerged archaeological historic property and submerged paleontological property on submerged lands over which the State has sovereign control.
S.C. Code Ann. § 54-15-100 — SC Code / Title 54 / Chapter 15 / Section 54-15-100
SECTION 54-15-100. Apprentices for Lower Coastal Area.
Status: in_force

Apprentices for the Lower Coastal Area are taken only by pilots licensed under Sections 54-15-120 and 54-15-130 for the port and must be approved and certified by the South Carolina Commissioners of Pilotage for the Lower Coastal Area. They must not be under eighteen years of age, must be a graduate of an accredited four-year college or shall hold an unlimited ocean third mate's license, must have 20/20 visual acuity uncorrected or corrected by contact lens, must have good color vision evidenced by ability to distinguish colors by means of a test accepted by the United States Coast Guard, must have good natural hearing, and must have other physical and mental qualifications required by the South Carolina Commissioners of Pilotage for the Lower Coastal Area. Satisfactory certificates of the requirements of this section must be filed with the South Carolina Commissioners of Pilotage for the Lower Coastal Area before the applicant may be accepted as an apprentice. Effect of Amendment The 2006 amendment substituted "Lower Coastal Area" for "Port of Charleston" and "port" and added "South Carolina" preceding "Commissioners of Pilotage" throughout.
S.C. Code Ann. § 54-13-30 — SC Code / Title 54 / Chapter 13 / Section 54-13-30
SECTION 54-13-30. Trespassing on privately owned docks unlawful; posting of notice.
Status: in_force

It shall be unlawful, except as provided herein, for any person to trespass upon or attach a boat or other device to any privately owned dock erected along the shores of any public or private waters within this State. Provided, however, that no person shall be convicted under this chapter unless the owner of such dock has posted a notice in a conspicuous place thereon stating that "Trespassing on this Dock is Prohibited by Law." Any person violating the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than twenty-five dollars nor more than one hundred dollars.
S.C. Code Ann. § 54-3-410 — SC Code / Title 54 / Chapter 3 / Article 5 / Section 54-3-410
SECTION 54-3-410. Authority shall have general supervision of wharves, warehouses, and terminal facilities.
Status: in_force

The Authority shall have general supervision in the port of Charleston of all wharves, warehouses and terminal facilities of all transmitting and transporting corporations and of all wharves, warehouses and terminal facilities of persons engaged in business as public warehousemen or wharfingers and shall examine them and keep itself informed as to their condition and the manner in which they are operated, with reference to the security and accommodation of the public and the compliance with all provisions of law applicable thereto.
S.C. Code Ann. § 54-15-340 — SC Code / Title 54 / Chapter 15 / Section 54-15-340
SECTION 54-15-340. Collection of costs and fines.
Status: in_force

(A) In an order issued in resolution of a disciplinary proceeding before the South Carolina Commissioners of Pilotage having jurisdiction, a pilot found in violation of this chapter may be directed to pay a sum not to exceed the reasonable costs of investigation, inspection, and prosecution of the case in addition to other sanctions. (B) A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, is prima facie evidence of reasonable costs. (C) Failure to make timely payment in accordance with the order results in the collection of costs in accordance with Title 40, Chapter 1. (D) The South Carolina Commissioners of Pilotage having jurisdiction may conditionally renew or reinstate for a maximum of one year the license of an individual who demonstrates financial hardship and who enters into a formal agreement to reimburse the Commissioners of Pilotage within that one-year period for the unpaid costs. (E) All costs and fines imposed pursuant to this chapter are due and payable immediately upon imposition or at the time indicated by final order of the Commissioners of Pilotage. Unless the costs and fines are paid within sixty days after the order becomes final, the order becomes a judgment and may be collected in any manner provided in Title 40, Chapter 1. The South Carolina Commissioners of Pilotage may collect costs and attorney's fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid. Effect of Amendment The 2006 amendment rewrote this section.
S.C. Code Ann. § 54-5-90 — SC Code / Title 54 / Chapter 5 / Section 54-5-90
SECTION 54-5-90. Monthly financial statement.
Status: in_force

The port utilities commission of any such city shall make a full statement to the city council of such city at the end of each month of its receipts, disbursements and outstanding accounts of all kinds for the preceding month.
S.C. Code Ann. § 54-3-170 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-170
SECTION 54-3-170. Use of certain State property.
Status: in_force

The Authority may take, exclusively occupy, use and possess, in so far as may be necessary for carrying out the provisions of this chapter, any areas of land owned by the State and within the counties of Beaufort, Charleston and Georgetown, not in use for State purposes, including swamps and overflowed lands, bottoms of streams, lakes, rivers, bays, the sea and arms thereof and other waters of the State and the riparian rights thereto pertaining. When so taken and occupied, due notice of such taking and occupancy having been filed with the Secretary of State, such areas of land are hereby granted to and shall be the property of the Authority. For the purposes of this section, the meaning of the term "use" shall include the removal of material from and the placing of material on any such land. In case it shall be held by any court of competent jurisdiction that there are any lands owned by the State which may not be so granted, then the provisions of this section shall continue in full force and effect as to all other lands owned by the State. The provisions of this section are subject to all laws and regulations of the United States with respect to navigable waters.
S.C. Code Ann. § 54-13-10 — SC Code / Title 54 / Chapter 13 / Section 54-13-10
SECTION 54-13-10. "Privately owned dock" defined.
Status: in_force

For the purpose of this chapter, a privately owned dock is defined as any dock which is constructed on or appurtenant to property on which the person constructing the dock owns a leasehold interest in or title to or has obtained permission, express or implied, from the title owner to construct the dock.
S.C. Code Ann. § 54-7-790 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-790
SECTION 54-7-790. License not required of institute or of museum.
Status: in_force

(A) A license is not required of the institute for any undertaking otherwise requiring a license under this article. (B) A license is not required of the museum for any undertaking involving paleontological property otherwise required under this article.
S.C. Code Ann. § 54-3-1040 — SC Code / Title 54 / Chapter 3 / Article 11 / Section 54-3-1040
SECTION 54-3-1040. Annual financial statement.
Status: in_force

At least once each year the authority shall furnish the Governor, the Chairmen of the Senate Transportation Committee and the House of Representatives Ways and Means Committee and conspicuously post on the authority's Internet website, a complete detailed statement of all monies received and disbursed by the authority during the preceding year. Such statement also shall show the several sources from which such funds were received and the balance on hand at the time of publishing the statement and shall show the complete financial condition of the authority. Effect of Amendment The 2009 amendment substituted "furnish the Governor, the Chairmen of the Senate Transportation Committee, and the House of Representatives Ways and Means Committee, and conspicuously post on the authority's Internet website," for "publish once in some newspaper published in Charleston County" and made nonsubstantive changes throughout.
S.C. Code Ann. § 54-15-30 — SC Code / Title 54 / Chapter 15 / Section 54-15-30
SECTION 54-15-30. South Carolina Commissioners of Pilotage for the Upper Coastal Region; election of officers.
Status: in_force

The South Carolina Commissioners of Pilotage for the Upper Coastal Area shall elect annually from among its body a chairman and a secretary. The officers shall serve until their successors have been duly elected. But no branch or licensed pilot for Georgetown shall be elected or serve as chairman. Effect of Amendment The 2006 amendment in the first sentence substituted "South Carolina Commissioners of Pilotage for the Upper Coastal Region" for "Commissioners of Pilotage for the port of Georgetown" and "elect annually" for ", from time to time, elect"; at the end of the second sentence deleted "by the board of commissioners of pilotage" and in the third sentence deleted "the port of" preceding "Georgetown" and "of such board" following "chairman".
S.C. Code Ann. § 54-9-10 — SC Code / Title 54 / Chapter 9 / Section 54-9-10
SECTION 54-9-10. Harboring deserting seamen or enticing them to desert.
Status: in_force

Any person who shall be convicted of harboring deserting seamen or of inveigling or procuring them to desert any service for which they have engaged or disregard any article into which they have entered shall be held guilty of a misdemeanor and, upon trial and conviction, shall be punished by fine and imprisonment, at the discretion of the judge, not to exceed three hundred dollars' fine and three months' imprisonment. Upon a second conviction the person so offending, if the keeper of a public or lodging house for seamen, in addition to the penalty before provided, shall forfeit his license.
S.C. Code Ann. § 54-3-1360 — SC Code / Title 54 / Chapter 3 / Article 13 / Section 54-3-1360
SECTION 54-3-1360. Mileage, subsistence, and per diem; reimbursement of certain expenses.
Status: in_force

(A) Commission members are entitled to such mileage, subsistence, and per diem as authorized by law for members of boards, committees, and commissions while in the performance of the duties for which appointed. These expenses shall be paid by the State Ports Authority. (B) The State Ports Authority must pay for all reasonable expenses associated with the commission's duties to screen appointees to the authority's board and conduct oversight as required by this article.
S.C. Code Ann. § 54-9-20 — SC Code / Title 54 / Chapter 9 / Section 54-9-20
SECTION 54-9-20. Magistrate may order search for harbored, secreted, or detained seamen.
Status: in_force

In case any such seamen or any boy apprenticed on board any ship or vessel shall be harbored, secreted or detained, any magistrate, upon complaint on oath made by the master of such ship, or on his behalf, may inquire into the matter and, if he shall see fit, by warrant under his hand and seal, cause search to be made into any place wherein such seaman or apprentice may be harbored or secreted and cause such seaman or apprentice to be restored to the master of such ship.
S.C. Code Ann. § 54-3-830 — SC Code / Title 54 / Chapter 3 / Article 9 / Section 54-3-830
SECTION 54-3-830. Harbor master and port wardens.
Status: in_force

The Authority may elect or appoint annually a harbor master and such number of port wardens as in its discretion is necessary for the bay and harbor of Charleston and the rivers and creeks flowing therein and may define and assign the duties of such harbor master and port wardens under the rules and regulations for the government of vessels within or entering into said harbor and waters, or any of them, and for their safe and convenient use of said waters and may regulate their compensation, with power to remove them, or any of them, at its discretion.
S.C. Code Ann. § 54-9-50 — SC Code / Title 54 / Chapter 9 / Section 54-9-50
SECTION 54-9-50. Evidence of masters of vessels or other transient persons may be taken de bene esse.
Status: in_force

When any prosecution shall be commenced against any person under the provisions of this chapter providing for the punishment of harboring seamen who have deserted and it shall appear to the magistrate before whom the prosecution was commenced that the testimony of any master of a vessel or other transient person will be important on such trial, such magistrate may, after five days' notice to the party accused, summon such witness before some judge of the court of general sessions or the recorder of the city court of Charleston to appear and give evidence in the matter. Thereafter such witness shall be examined, with the right to the party accused to examine or cross-examine such witness as in trials in open court, and the judge or recorder shall certify and seal up such evidence, to be used on the trial of the cause in the same manner as if it had been given orally on such trial. But such testimony shall in no case be used unless it shall appear, by the affidavit of the magistrate before whom prosecution shall have been commenced, that such witness is not at the time of such trial within the jurisdiction of the State.
S.C. Code Ann. § 54-1-20 — SC Code / Title 54 / Chapter 1 / Section 54-1-20
SECTION 54-1-20. Discharge of oil or any oil product from vessel in harbor.
Status: in_force

It shall be unlawful for any person, his agent, servant or employee in charge of or having custody of any vessel entering or while within any harbor in this State to discharge or permit to be discharged from any such vessel any seepage or refuse of fuel oil or any other oil product. Any violation of this section shall be a misdemeanor and upon conviction thereof shall be subject to a fine not exceeding five hundred dollars. If such fine is not paid it shall be a lien on the vessel over which such person had control prior to all other liens except State taxes and shall be enforceable as other liens are by the laws of this State. The port commissioner or other officer or person in charge of or having supervision over vessels entering the ports of this State shall see that the provisions of this section are enforced.
S.C. Code Ann. § 54-13-40 — SC Code / Title 54 / Chapter 13 / Section 54-13-40
SECTION 54-13-40. Certain rights not affected.
Status: in_force

This chapter shall not be construed to prevent or to interfere with the right of any person, governmental body, commission or agency, and the licensees and franchisees thereof, from regulating or controlling any activities on the waters and appurtenant lands under the jurisdiction of such person, governmental body, commission or agency, and the licensees and franchisees thereof. No vested property right shall accrue under this chapter to any person in derogation of the ownership or rights of any person, the public, any governmental body, commission or agency, and the licensees and franchisees thereof.
S.C. Code Ann. § 54-15-120 — SC Code / Title 54 / Chapter 15 / Section 54-15-120
SECTION 54-15-120. Prerequisites to licensing in Lower Coastal Area.
Status: in_force

(A) An apprentice in the Lower Coastal Area shall serve three years before being eligible to take an examination for the initial short branch license. During an apprenticeship, licensed pilots shall take an apprentice on board all types of vessels, so that the apprentice may become thoroughly competent for the discharge of piloting duties. An apprentice successively shall hold a: (1) first branch license with a tonnage restriction in service six months before being eligible to take an examination for the second branch license; (2) second branch license with no tonnage restriction in service six months before being eligible for the third branch license; (3) the third branch license in service one year before being eligible to take an examination for the fourth branch license; (4) fourth branch license in service one year before being eligible to take an examination for a full license or branch. The South Carolina Commissioners of Pilotage for the Lower Coastal Area shall establish in regulation the tonnages and draft restrictions for each short branch license. (B) In determining qualifications for apprentices, the South Carolina Commissioners of Pilotage may consider previous maritime experience in the port as defined by regulation. No apprentice, however, may be granted a license until the number of pilots falls below the number set by the South Carolina Commissioners of Pilotage for the port through regulations promulgated in accordance with the Administrative Procedures Act. (C) If two or more apprentices are eligible to offer for examination at the same time, the seniority of securing a license must be determined by the proficiency of the respective apprentices, established at the examination. (D) In accordance with regulations promulgated by the South Carolina Commissioners of Pilotage for the port, apprentices for the port may be granted emergency or temporary licenses if necessary. Effect of Amendment The 1998 amendment revised the levels an apprentice must obtain before licensure. The 2006 amendment, in subsection (A), in the first sentence and in the last undesignated paragraph substituted "Lower Coastal Area" for "port of Charleston"; and, in the last undesignated paragraph of subsection (A) and in Subsection (B), added "South Carolina" preceding "Commissioners of Pilotage".
S.C. Code Ann. § 54-15-230 — SC Code / Title 54 / Chapter 15 / Section 54-15-230
SECTION 54-15-230. Pilot shall remain on vessel if required.
Status: in_force

A licensed pilot, if required by the master or commander of a vessel, shall remain on board while the vessel is at anchor. Any pilot neglecting or refusing to comply with a request to remain on board may have his license suspended or revoked by the South Carolina Commissioners of Pilotage, depending on their judgment of the circumstances. Effect of Amendment The 2006 amendment added "South Carolina" preceding "Commissioners" and made nonsubstantive language changes throughout.
S.C. Code Ann. § 54-7-60 — SC Code / Title 54 / Chapter 7 / Article 1 / Section 54-7-60
SECTION 54-7-60. Restoration of goods taken from vessel; reward; penalty for offering for sale.
Status: in_force

If any person shall offer or expose for sale any goods or effects whatsoever belonging to any ship or vessel lost, stranded or cast on shore as aforesaid and unlawfully taken away or reasonably suspected to have been, the person to whom such goods or effects shall be so offered for sale or any magistrate may stop and seize such goods and effects and if the person who shall have offered them for sale or some other person in his behalf shall not, within ten days next after such seizure, make out to the satisfaction of such magistrate that he became honestly possessed of them, such goods and effects shall, by order of such magistrate, be forthwith delivered over to and for the use of the owner thereof, on proof of his claim and the payment of a reasonable reward, not exceeding five per cent on the value, to be ascertained by such magistrate, to the person who shall seize them. And he who offered such goods and effects for sale as aforesaid shall forfeit and pay to the owner twice the value of such goods, to be recovered according to law.
S.C. Code Ann. § 54-15-40 — SC Code / Title 54 / Chapter 15 / Section 54-15-40
SECTION 54-15-40. South Carolina Commissioners for the Lower Coastal Area; members; terms; vacancies.
Status: in_force

There is created the South Carolina Commissioners of Pilotage for the Lower Coastal Area composed of eight members, one of whom is the Chairman of the South Carolina State Ports Authority, ex officio, or a board member designated by the chairman, one of whom is the president of the International Longshoremen's Association Local 1422 or his designee, ex officio, and one of whom is a pilot licensed under Sections 54-15-90, 54-15-120, and 54-15-130, and one of whom is recommended by the Beaufort County Legislative Delegation from its maritime community and one by the Jasper County Legislative Delegation from its maritime community to be appointed by the Governor. The remaining members are appointed by the Governor upon the recommendation of the Charleston County Legislative Delegation from lists of nominations for the offices submitted to the delegation by the Greater Charleston Chamber of Commerce, the Maritime Association of the Port of Charleston, and the Propeller Club of the Port of Charleston. The terms of office of the commissioners are for three years and until their successors are appointed and qualified, except that of the members first appointed, one shall serve for one year, one shall serve for two years, and one shall serve for three years. The member representative of the pilots licensed under Sections 54-15-120 and 54-15-130 has a three-year term. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. The above appointments must be made as each term of the present commissioners expires. Effect of Amendment The 1994 amendment in the first sentence, increased the membership of the Commissioners of Pilotage from "five" to "six"; and added following the word "ex officio" the words ", one of whom is the president of the International Longshoremen's Association Local 1442 or his designee, ex officio,". The 2006 amendment rewrote the first sentence.
S.C. Code Ann. § 54-3-1320 — SC Code / Title 54 / Chapter 3 / Article 13 / Section 54-3-1320
SECTION 54-3-1320. Waiver of qualifications for board candidate.
Status: in_force

The commission by a two-thirds vote of its membership, may waive the requirements of Section 54-3-60(A) and (B) for a candidate for the Board of Directors of the State Ports Authority.
S.C. Code Ann. § 54-7-30 — SC Code / Title 54 / Chapter 7 / Article 1 / Section 54-7-30
SECTION 54-7-30. Repelling entry into stranded vessels; carrying away saved goods.
Status: in_force

Any person, not empowered, who shall enter or try to enter forcibly on board any ship or vessel stranded or cast away or in distress or molest in the preservation thereof may be repelled by force. And any person who shall carry away or secrete any goods and effects saved as aforesaid shall forfeit and pay treble the value, to be recovered by the owner of such goods or his agent in any court of competent jurisdiction in this State.
S.C. Code Ann. § 54-9-70 — SC Code / Title 54 / Chapter 9 / Section 54-9-70
SECTION 54-9-70. Master may arrest procurers boarding without permission.
Status: in_force

The master or other person having the command of any such vessel or the care, custody and control thereof may seize and arrest all persons while so offending and take them before any magistrate, to be committed or bound over to appear as in other cases of misdemeanor.
S.C. Code Ann. § 54-15-360 — SC Code / Title 54 / Chapter 15 / Section 54-15-360
SECTION 54-15-360. Owners and operators also liable.
Status: in_force

When a pilot boards a vessel he becomes a servant of the vessel and its owner and operator. Nothing in this chapter exempts the vessel, its owner, or operator from liability for damage or loss occasioned by the ship to a person or property on the ground that the ship was piloted by a pilot licensed by the State, or the damage or loss was occasioned by the error, omission, fault, or neglect of a pilot licensed by the State. Effect of Amendment The 2006 amendment deleted "(1)" preceding "the ship was piloted" and "(2)" preceding "the damage or loss".
S.C. Code Ann. § 54-3-110 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-110
SECTION 54-3-110. Improvement of certain harbors or seaports.
Status: in_force

Through the authority the State may engage in promoting, developing, constructing, equipping, maintaining, and operating the harbors or seaports within the State, namely Charleston, Georgetown, and Jasper, and works of internal improvement incident thereto, including the acquisition or construction, maintenance, and operation at such seaports of harbor watercraft and terminal railroads, as well as other kinds of terminal facilities, and belt line roads or highways and bridges thereon and other bridges and causeways necessary or useful in connection therewith. Effect of Amendment The 2009 amendment substituted "Jasper" for "Port Royal".
S.C. Code Ann. § 54-7-610 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-610
SECTION 54-7-610. Short title.
Status: in_force

This article may be cited as the South Carolina Underwater Antiquities Act of 1991.
S.C. Code Ann. § 54-3-430 — SC Code / Title 54 / Chapter 3 / Article 5 / Section 54-3-430
SECTION 54-3-430. Requiring repair or improvement of facilities.
Status: in_force

Whenever in the judgment of the Authority it shall appear that repairs are necessary upon any such wharves, warehouses or terminal facilities or that any additions, improvements or enlargements in such wharves, warehouses or terminal facilities or any change in the mode of operating and constructing such business is reasonable and expedient in order to promote the security, convenience and accommodation of the public or to provide facilities required by the business offering at the port of Charleston, the Authority shall give information in writing to the owners or operators of such wharves, warehouses and terminal facilities of the improvements, changes, enlargements and betterments which it judges to be proper and if the owners or operators of such wharves, warehouses and terminal facilities shall fail within sixty days to adopt the suggestion of the Authority, the Authority shall take such legal proceedings as it may deem expedient.
S.C. Code Ann. § 54-15-320 — SC Code / Title 54 / Chapter 15 / Section 54-15-320
SECTION 54-15-320. Discipline of licensees.
Status: in_force

(A) Upon a determination by the South Carolina Commissioners of Pilotage for the respective area that one or more of the grounds for discipline exists, the Commissioners of Pilotage having jurisdiction may: (1) issue a public reprimand; (2) impose a fine not to exceed five hundred dollars; (3) place a licensee on probation or restrict or suspend the individual's license for a definite or indefinite time and prescribe conditions to be met during probation, restriction, or suspension including, but not limited to, satisfactory completion of additional education or of a supervisory period; (4) revoke the license permanently or for a period specified by the South Carolina Commissioners of Pilotage for the respective area before the pilot shall be eligible to re-apply. (B) A decision by the Commissioners of Pilotage having jurisdiction to discipline a licensee as authorized under this section must be by a majority vote of the total membership of the Commissioners of Pilotage serving at the time the vote is taken. (C) A final order of the South Carolina Commissioners of Pilotage having jurisdiction disciplining a licensee under this section is public information. (D) Upon a determination by the Commissioners of Pilotage having jurisdiction that discipline is not appropriate, the Commissioners of Pilotage may issue a nondisciplinary letter of caution. Effect of Amendment The 1993 amendment added the last sentence, pertaining to review by an administrative law judge. The 2006 amendment rewrote this section.
S.C. Code Ann. § 54-3-115 — SC Code / Title 54 / Chapter 3 / Article 3 / Section 54-3-115
SECTION 54-3-115. Development of port in Jasper County.
Status: in_force

The authority shall take all action necessary to expeditiously develop a port in Jasper County in accordance with the Intergovernmental Agreement for Development of a Jasper Ocean Terminal on the Savannah River within the State of South Carolina that was entered into between the South Carolina State Ports Authority, the Georgia Ports Authority, and the Georgia Department of Transportation dated on January 27, 2008. In determining whether the development of a Jasper Port is proceeding in an expeditious manner, the board must consider whether timelines or benchmarks included in either the Intergovernmental Agreement or amendments to it or other agreement with a partner to develop the port have been or will be met in a timely manner. A determination that a delay in the planning or construction of the port is reasonable must be based on an objective analysis of all available empirical data and expert opinion, as well as a comparison of the construction timelines of ports of similar size and expected capacity. If it is determined that a partner to an agreement to develop the port is not meeting its obligations that will result in the port not being developed in an expeditious manner, then the authority must take all available and necessary action to compel the partner to meet its obligations and, if necessary, terminate the agreement and transfer to Jasper County the assets and right to develop the port. The authority also shall take all action necessary and as may be requested from time to time by the committees in the House of Representatives and the Senate in connection with the State of South Carolina and the State of Georgia to enter into an Interstate Compact to operate a Jasper Port on or before December 31, 2010, as such compact is generally outlined in the Intergovernmental Agreement. In connection with the development of a port in Jasper County, the authority shall make specific inquiries regarding the merits of using private capital to finance the construction of that port to a greater extent than historically has been used by the South Carolina State Ports Authority in connection with their existing port operations.
S.C. Code Ann. § 54-7-720 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-720
SECTION 54-7-720. Exclusive license; delayed issuance or denial ; reconsideration.
Status: in_force

(A)(1) The institute may approve an exclusive license application from a commercial applicant but delay issuance of the license until the following conditions have been satisfied within a time period determined by the institute: (a) the applicant has designated and, if required, placed into escrow the costs associated with the institute's monitoring of the work undertaken, if monitoring is required by the institute; (b) the applicant has identified and received the institute's approval of the facility proposed to conduct conservation of any recovered artifacts and fossils needing stabilization or articulation; (c) in the case of a data recovery license, the institute and the applicant have agreed upon all issues of disposition and title to submerged archaeological historic property or submerged paleontological property which may be recovered by the applicant; (d) the applicant has furnished the institute with a form of assurance acceptable to the institute and adequate to guarantee that if work under the license is interrupted or abandoned, the necessary archaeological and/or paleontological fieldwork, analysis, report preparation, conservation, and curation will be carried out in accordance with the research plan approved by the institute. This assurance may be in the form of escrowed funds, a letter of credit, a performance bond, or other type of assurance acceptable to the institute. The type and amount of assurance may be negotiated between the applicant and the institute, but the amount normally must be a sum equal to at least one-third the amount budgeted and approved by the institute for field recovery, unless a lesser amount is determined by the institute to be acceptable; and (e) any other condition that the institute considers necessary to protect the integrity of submerged archaeological historic property or submerged paleontological property. (2) The requirements of item (1) of this subsection also apply to noncommercial applicants for exclusive licenses who are seeking title to submerged archaeological historic property or submerged paleontological property, other than an agency or unit of the State. (B) If the institute determines not to issue a license, the institute shall issue a written notice of denial. (C)(1) An applicant may request reconsideration of a denial by submitting a written request to the institute which must be received within thirty days following the date of the institute's denial notice. The request for reconsideration must address each reason for the denial and provide documentation supporting reasons for reconsideration of the issues. (2) Any person aggrieved by the decision of the institute may request an institute hearing. (3) The hearing must be held and the institute's final decision issued within sixty days of the date of the hearing.
S.C. Code Ann. § 54-15-20 — SC Code / Title 54 / Chapter 15 / Section 54-15-20
SECTION 54-15-20. South Carolina Commissioners of Pilotage for the Upper Coastal Area; appointment of members; terms; vacancies.
Status: in_force

(A) The South Carolina Commissioners of Pilotage for the Upper Coastal Area must be appointed by the Governor, upon the recommendation of a majority of the Legislative Delegation of Georgetown County and shall serve for three years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term. (B) The South Carolina Commissioners of Pilotage for the Upper Coastal Area shall consist of eight persons appointed as provided by this chapter, one of whom is the Chairman of the South Carolina State Ports Authority or a board member designated by the chairman, ex officio, one of whom is the President of the International Longshoremen's Association Local or his designee, ex officio, and one of whom is a pilot licensed for the Port of Georgetown under Section 54-15-90, appointed by the Governor upon the recommendation of the licensed pilots. The remaining five members are appointed by the Governor upon the recommendation of the Georgetown County Legislative Delegation. The terms of office of the commissioners are for three years and until their successors are appointed except for the members first appointed. The member representative of the pilots licensed under Section 54-15-90 shall serve a three-year term. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment to fill the unexpired term. The above appointments must be made as each term of the present commissioners expires. Effect of Amendment The 2006 amendment rewrote this section. The 2013 amendment designated paragraphs (A) and (B); substituted "eight" for "six" and inserted "and" preceding "one of whom" in the first sentence of paragraph (B); substituted "five" for "three" and deleted "from lists of nominations for the offices submitted to the delegation from the Chamber of Commerce and the Propeller Club of the Port of Georgetown" following "Delegation" in the second sentence of paragraph (B); and substituted "for" for "of" following "except" and deleted ", one shall serve for one year, one shall serve for two years, and one shall serve for three years" following "appointed" in the third sentence of paragraph (B).
S.C. Code Ann. § 54-3-860 — SC Code / Title 54 / Chapter 3 / Article 9 / Section 54-3-860
SECTION 54-3-860. Authority shall report annually to General Assembly.
Status: in_force

The Authority shall annually report to the General Assembly the amounts received for fees, harbor or port charges, fines and penalties and the disbursement thereof and also generally its acts and doings under this article.
S.C. Code Ann. § 54-17-50 — SC Code / Title 54 / Chapter 17 / Section 54-17-50
SECTION 54-17-50. Purpose of Naval Militia; command; divisions; rights of personnel; joint service task force.
Status: in_force

(A) The Naval Militia is an organized, structured, trained, and certified volunteer state maritime force that is regionally aligned to enable appropriate augmentation of federal, state, county, and municipal forces and may be engaged in any federal response to the threat of terrorism and to the needs of maritime homeland security. This militia is naval in nature and functions as a federally-recognized state force pursuant to Title 10 of the United States Code and a Memorandum of Agreement that must be in effect between the United States Navy and the State prior to the Naval Militia becoming operational. (B) The Commander of the South Carolina Naval Militia must be appointed by the commission, commissioned by the Governor, and shall serve at the pleasure of the commission. The Maritime Security Commission shall promulgate regulations to be approved by the General Assembly pursuant to the Administrative Procedures Act that set forth the command structure of the Naval Militia and establish the rank of the commander. The commander will propose to the commission other commissions and appointments in accordance with commission regulations. (C) Divisions of the Naval Militia will include a division that consists of members of the United States Navy, Marine Corps, and Coast Guard Reserve (federal service takes priority). In addition, the Naval Militia must include a division that consists of the Merchant Marine. The Merchant Marine division shall consist of Coast Guard-licensed or certificated merchant mariners whose regular occupation is service on board Coast Guard-regulated commercial vessels that normally operate in or from the maritime areas of South Carolina and which are enrolled as units of the Volunteer Port Security Force. The Merchant Marine division also shall include other professional mariners who have volunteered for service in this militia and who are licensed or certificated by the Coast Guard as merchant mariners. The Naval Militia also shall include a staff element and a support division. (D) Naval Militia personnel are entitled to all appropriate honors, courtesies, and privileges provided under state law to state military organizations. Authority shall be exercised pursuant to mission requirement and in accordance with rules adopted by the commission. (E) Within the South Carolina Naval Militia, a joint service task force is authorized whose purpose is to determine and coordinate regional security missions relating to those waterways shared with contiguous states and to provide federal and regional interoperability advice and assistance to the commission. This task force shall be appointed and assigned pursuant to rules adopted by the commission.
S.C. Code Ann. § 54-7-815 — SC Code / Title 54 / Chapter 7 / Article 5 / Section 54-7-815
SECTION 54-7-815. Excavation or salvage of certain sunken warships unlawful.
Status: in_force

Notwithstanding any other provision of law, no person may excavate or salvage any sunken warship submerged in the waters of the Atlantic ocean within three miles of the South Carolina coast where there are, or it is believed that there are, human remains without the approval of the State Department of Administration. A person violating this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or sentenced to a term of imprisonment not to exceed five years, or both.
S.C. Code Ann. § 54-6-10 — SC Code / Title 54 / Chapter 6 / Section 54-6-10
SECTION 54-6-10. Savannah River Maritime Commission; membership; period of existence.
Status: in_force

(A) In addition to the above provisions of this joint resolution, a commission to be known as the Savannah River Maritime Commission is hereby established to represent this State in all matters pertaining to the navigability, depth, dredging, wastewater and sludge disposal, and related collateral issues in regard to the use of the Savannah River as a waterway for ocean-going container or commerce vessels. The commission as an instrumentality of this State is empowered to negotiate on behalf of the State of South Carolina and enter into agreements with the State of Georgia, the United States Army Corps of Engineers, and other involved parties in regard to the above which bind the State of South Carolina; provided, however, that any such agreements which require state funding are subject to the funding being provided by the General Assembly in a general or supplemental appropriations act or in a bond bill. (B) The commission shall be composed of twelve members as follows: (1) the Governor or his designee; (2) the Speaker of the House of Representatives or his designee; (3) the President of the Senate or his designee; (4) the Attorney General of South Carolina or his designee; (5) the Chairman of the Board of Health and Environmental Control to serve ex officio or his designee; (6) the Chairman of the Board of Natural Resources to serve ex officio or his designee; (7) the Chairman of the State Ports Authority to serve ex officio or his designee; (8) the Chairman of the Senate Finance Committee or his designee; (9) the Chairman of the Senate Transportation Committee or his designee; (10) the Chairman of the House Ways and Means Committee or his designee; (11) the Chairman of the House Education and Public Works Committee or his designee; and (12) one resident of Jasper County appointed by the Jasper County Council to serve at the pleasure of the council. The Governor or his designee shall serve as chairman of the commission. (C) Any state, county, or municipal officeholder named or designated to serve on the commission shall serve ex officio. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to serve on this commission as the designee of an appointing official. (D) Professional and clerical services for the commission must be provided by the staff of the Attorney General's office and supplemented by the staffs of other public officials serving on the commission as required by the commission. (E) Members serving on the commission shall receive such mileage, subsistence, and per diem as is provided by law for members of state boards, commissions, and committees when engaged in the exercise of their duties as members of the commission to be paid from their approved accounts or the approved accounts of their appointing authority. (F) Except as provided below, nothing in this section shall supersede the authority of other state agencies, departments, or instrumentalities including the Department of Natural Resources, the Department of Health and Environmental Control, or the State Ports Authority to exercise all powers, duties, and functions within their responsibilities as provided by law. However, on an interstate basis and specifically in regard to the State of Georgia, the responsibilities granted to the Savannah River Maritime Commission in this joint resolution supersede any other concurrent responsibilities of a particular state agency or department. Any requirements for permitting and constructing new terminal facilities on the Savannah River in Jasper County are declared not to be the responsibility of this commission, except as they may relate to this state's responsibility for the navigability or depth of the South Carolina portion of the Savannah River. (G) The Savannah River Maritime Commission established herein shall exist for a period of twenty-five years after the effective date of this joint resolution and may be continued for additional periods as provided by the General Assembly by law. Effect of Amendment 2019 Act No. 1, SECTION 65, in (B)(3), substituted "President of the Senate" for "President Pro Tempore of the Senate".
S.C. Code Ann. § 54-3-820 — SC Code / Title 54 / Chapter 3 / Article 9 / Section 54-3-820
SECTION 54-3-820. Deposit of excavated material.
Status: in_force

When any dredging or excavation shall be done in said bay and harbor or rivers and creeks or the docks thereon, the material excavated shall be deposited only at such place or places as may be designated by the Authority, under such penalty not exceeding the amount prescribed in Section 54-3-810, as the Authority shall prescribe. The Authority shall prosecute for fines and penalties under this section.
S.C. Code Ann. § 54-3-460 — SC Code / Title 54 / Chapter 3 / Article 5 / Section 54-3-460
SECTION 54-3-460. Penalties for violations.
Status: in_force

If any person having a wharf, warehouse or terminal facility used for public purposes in Charleston County shall be guilty of a violation of the rules and regulations provided and prescribed by the Authority, such person owning or operating such wharf, warehouse or terminal facility shall incur a penalty for each offense of not less than one hundred dollars nor more than three hundred dollars, to be fixed by the presiding judge. An action for the recovery of such penalty shall be in any court of competent jurisdiction in the State where such violation has occurred or wrong has been perpetrated.
S.C. Code Ann. § 54-3-101 — SC Code / Title 54 / Chapter 3 / Article 2 / Section 54-3-101
SECTION 54-3-101. Executive Director of Port Operations.
Status: in_force

The board of directors shall employ an Executive Director of Port Operations who shall serve at the pleasure of the board. A person employed to this position shall possess practical and successful business and executive ability and must be knowledgeable in the field of port operations.
S.C. Code Ann. § 54-15-90 — SC Code / Title 54 / Chapter 15 / Section 54-15-90
SECTION 54-15-90. Apprentices for Upper Coastal Area.
Status: in_force

Apprentices for the Upper Coastal Area must be taken by full branch pilots only with the approval of the South Carolina Commissioners of Pilotage Upper Coastal Area and shall serve two years in Georgetown before receiving an initial short branch license. An apprentice must be taken on board vessels of every description so that the apprentice may become completely competent to discharge required duties. After holding an initial short branch license for one year, an apprentice shall receive a second branch license, which the apprentice must hold in service for one year, at the end of which the apprentice may receive a full branch or license. The South Carolina Commissioners of Pilotage for the Upper Coastal Area shall establish in regulation the tonnage and draft restrictions for each short branch license. Effect of Amendment The 1998 amendment altered the short branch license requirements and restrictions. The 2006 amendment in the first sentence substituted "Apprentices for the Upper Coastal Area" for "Apprentices for ports other than Charleston, which are governed by Sections 54-15-100 and 54-15-120," and "South Carolina Commissioners of Pilotage Upper Coastal Area" for "respective boards of Commissioners of Pilotage", and deleted "and one year in Port Royal" following "Georgetown"; and in the fourth sentence substituted "South carolina Commissioners of Pilotage for the Upper Coastal Area" for "Commissioners of Pilotage for the ports of Georgetown and Port Royal jointly".
S.C. Code Ann. § 54-7-100 — SC Code / Title 54 / Chapter 7 / Article 1 / Section 54-7-100
SECTION 54-7-100. Hunley Commission established; coordinates exempt from disclosure.
Status: in_force

(A) A committee of nine members of the "Hunley Commission" shall be appointed, three of whom must be members of the House of Representatives to be appointed by the Speaker, three of whom must be members of the Senate to be appointed by the President of the Senate, and three members to be appointed by the Governor. The committee shall make a study of the law regarding the rights to the salvage of the Hunley and any claim that a person or entity may assert with regard to ownership or control of the vessel. The committee is authorized to negotiate with appropriate representatives of the United States government concerning the recovery, curation, siting, and exhibition of the H.L. Hunley. Provided, inasmuch as actual locations or geographical coordinates of submerged archaeological historic properties are now exempt from disclosure as public records pursuant to Section 54-7-820(A), the geographical coordinates of the Hunley's location, regardless of the custodian, upon receipt from the Navy or receipt otherwise are expressly made exempt from disclosure pursuant to the Freedom of Information Act or any other law and no remedy for the disclosure of such coordinates exists pursuant to the Freedom of Information Act; and provided further, that with respect to the Hunley project, as described herein, the applicable duties and responsibilities contained in Article 5, Chapter 7 of this title shall be vested in the Hunley Commission; and provided further, that with respect to the Hunley project that the Hunley Commission shall be exempt from compliance with the provisions of Chapter 35, Title 11. However, the committee may not negotiate any agreement which would result in the siting outside South Carolina of any remains, not claimed by direct descendants, found in the Hunley or which would relinquish South Carolina's claim of title to the Hunley unless perpetual siting of the submarine in South Carolina is assured by the federal government in the agreement. (B) The committee shall make recommendations regarding the appropriate method of preservation of this historic vessel and is also authorized to direct the Attorney General on behalf of South Carolina to take appropriate steps to enforce and protect the rights of the State of South Carolina to the salvage of the Hunley and to defend the State against claims regarding this vessel. The committee shall submit a recommendation for an appropriate site in South Carolina for the permanent display and exhibition of the H.L. Hunley to the General Assembly for its review and approval. (C) The committee members shall not receive the subsistence, mileage, and per diem as may be provided by law for members of boards, committees, and commissions. Effect of Amendment The 1996 amendment revised the second paragraph of this section. The 2013 amendment, in the first paragraph, changed the committee membership from nine to ten, added the second sentence relating to the Lieutenant Governor, and made other nonsubstantive changes. 2019 Act No. 1, SECTION 94, inserted the paragraph designators; and in (A), in the first sentence, substituted "committee of nine members" for "committee of ten members" and "President of the Senate" for "President Pro Tempore", and deleted the second sentence, which related to the tenth member of the commission being the Lieutenant Governor or his designee.
S.C. Code Ann. § 54-5-20 — SC Code / Title 54 / Chapter 5 / Section 54-5-20
SECTION 54-5-20. Port utilities commissions; commissioners; terms.
Status: in_force

For the purpose of exercising the power vested in such city under the provisions of Section 54-5-10, there is hereby created for each such city a commission which shall be known as the port utilities commission of __________ (naming the city). This commission shall be composed of nine members and their successors in office who shall, as commissioners, serve in such capacity without compensation. Five of such commissioners shall be voted for by the qualified registered electors as herein provided. Two of such commissioners so elected shall serve until the next ensuing general election for such city and three of such commissioners so elected shall serve until the second next general election of such city. The commissioners who shall serve for the short and long terms shall be determined according to the number of votes received by such commissioners, respectively, the commissioners receiving the highest number of votes, respectively, to serve for the long term and the other commissioners to serve for the short term. Whenever a tie vote shall have resulted in such election, the respective terms of those commissioners so tying shall be determined by lot cast in the presence of the election commissioners as a whole. The term of office of each commissioner elected by the qualified electors after the first term herein provided for shall be eight years. The remaining four commissioners shall be the mayor of such city, ex officio, the chairman of the committee on railroads of the city council of such city, ex officio, and two commissioners who shall be appointed by the Governor and who shall hold office for a term of two years.