reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-20. Appointment and terms of members; vacancies.

(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.
HISTORY: 1962 Code Section 54-2; 1952 Code Section 54-2; 1942 (42) 1535; 1957 (50) 30; 2009 Act No. 73, Section 1, eff June 16, 2009.
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.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-30. Organization; officers; meetings.

The board shall elect one of its members to serve as chairman who shall serve for a term of two years in this capacity and may not serve more than three consecutive full two-year terms as chairman. The board also shall elect one member to serve as vice chairman, and one member to serve as secretary. The board shall meet upon the call of its chairman and a majority of its voting members shall constitute a quorum for the transaction of its business.
HISTORY: 1962 Code Section 54-3; 1952 Code Section 54-3; 1942 (42) 1535; 2009 Act No. 73, Section 1, eff June 16, 2009.
Effect of Amendment
The 2009 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-40. Treasurer.

The board shall select one of its members to serve as treasurer. The treasurer shall give a surety bond in an amount fixed by the board and the premium on the bond shall be paid by the authority as a necessary expense.
HISTORY: 1962 Code Section 54-4; 1952 Code Section 54-4; 1942 (42) 1535; 2009 Act No. 73, Section 1, eff June 16, 2009.
Effect of Amendment
The 2009 amendment rewrote this section.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-50. Removal by Governor.

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.
HISTORY: 2009 Act No. 73, Section 1, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-60. Board member qualifications.

(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.
HISTORY: 2009 Act No. 73, Section 1, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-70. Performance review of executive director.

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.
HISTORY: 2009 Act No. 73, Section 1, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-80. Discharge of duties by members of board of directors.

(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.
HISTORY: 2009 Act No. 73, Section 1, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-90. Conflict of interest transactions; burden of proof as to fairness; indirect interest of director; ratification of conflict of interest transaction.

(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.
HISTORY: 2009 Act No. 73, Section 1, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-101. Executive Director of Port Operations.

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.
HISTORY: 2009 Act No. 73, Section 2, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-102. Duties of executive director; appointment of division directors and staff.

(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.
HISTORY: 2009 Act No. 73, Section 2, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-103. Approval of compensation of executive and division directors.

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.
HISTORY: 2009 Act No. 73, Section 2, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-104. Director of Port Operations for port of Georgetown.

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.
HISTORY: 2009 Act No. 73, Section 2, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-105. Affirmative duty of Director of Port Operations for port of Georgetown.

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.
HISTORY: 2009 Act No. 73, Section 2, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-110. Improvement of certain harbors or seaports.

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.
HISTORY: 1962 Code Section 54-11; 1952 Code Section 54-11; 1942 (42) 1535; 1956 (49) 1794; 2009 Act No. 73, Section 9, eff June 16, 2009.
Effect of Amendment
The 2009 amendment substituted "Jasper" for "Port Royal".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-115. Development of port in Jasper County.

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.
HISTORY: 2009 Act No. 73, Section 12, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-118. Public-private partnerships to increase capital investments in port facilities.

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.
HISTORY: 2009 Act No. 73, Section 14, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-120. Jurisdiction of Authority.

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.
HISTORY: 1962 Code Section 54-12; 1952 Code Section 54-12; 1942 (42) 1535.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-130. Purposes of Authority.

The Authority is created as an instrumentality of the State for the accomplishment of the following general purposes, all or any of them, which are intended to broaden and not to restrict any other powers given to it in this chapter, namely:
(1) To develop and improve the harbors or seaports of Charleston, Georgetown, and Jasper for the handling of water-borne commerce from and to any part of the State and other states and foreign countries;
(2) To acquire, construct, equip, maintain, develop and improve such harbors or seaports and their port facilities;
(3) To foster and stimulate the shipment of freight and commerce through such ports, whether originating within or without the State, including the investigation and handling of matters pertaining to all transportation rates and rate structures affecting the same;
(4) To cooperate with the United States of America, and any agency or any department, corporation or instrumentality thereof in the maintenance, development, improvement and use of such harbors and seaports in connection with and in furtherance of the war operations and needs of the United States;
(5) To accept funds from any of the counties of Beaufort, Charleston or Georgetown, and to use them in such manner, within the purposes of the Authority, as shall be stipulated by the county and to act as agent or instrumentality for any of such counties in any matter coming within the general purposes of the Authority;
(6) To 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;
(7) To cooperate and act as co-assurer with the city of Augusta, Georgia, and the Georgia State Ports Authority in furtherance of the river development project known as the Savannah River Project Below Augusta;
(8) To promote, develop, construct, equip, maintain, and operate a harbor or harbors within this State on the Savannah River, and in furtherance thereof have all of the powers, purposes, and authority given by law to the authority in reference to the harbors and seaports of Charleston, Georgetown, and Jasper; and
(9) In general to do and perform any act or function which may tend to or be useful toward the development and improvement of such harbors and seaports of this State and to the increase of water-borne commerce, foreign and domestic, through such harbors and seaports.
HISTORY: 1962 Code Section 54-13; 1952 Code Section 54-13; 1942 (42) 1535; 1956 (49) 1794; 1958 (50) 1881; 2009 Act No. 73, Sections 10, 11, eff June 16, 2009.
Effect of Amendment
The 2009 amendment, in items (1) and (8), substituted "Jasper" for "Port Royal".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-150. Acquisition of property.

For the acquiring of rights-of-way and property necessary for the construction of terminal railroads and structures, including railroad crossings, airports, seaplane bases, naval bases, wharves, piers, ships, docks, quays, elevators, compresses, refrigerator storage plants, warehouses, and other riparian and littoral terminals and structures and approaches to them and transportation facilities needful for their convenient use and belt line roads and highways, causeways, and bridges and other bridges and causeways, and for the acquiring of property necessary for the river development project known as the Savannah River Project Below Augusta, and for the acquiring of property necessary for the development of a harbor or harbors within this State on the Savannah River, the Authority may purchase them by negotiation or may condemn them. The power of eminent domain shall apply not only to all property of private persons or corporations but also as to property already devoted to public use.
HISTORY: 1962 Code Section 54-15; 1952 Code Section 54-15; 1942 (42) 1535; 1958 (50) 1881; 1987 Act No. 173 Section 34.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-155. Sale of real property, building, terminals, or other permanent structures.

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.
HISTORY: 2009 Act No. 73, Section 8, eff June 16, 2009.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-160. Powers with respect to certain property.

The Authority may exercise in reference to any property, assets, holdings, leases, contracts, rights, franchises or licenses conveyed to it under Section 1 of Act No. 216 of 1945 (Acts 1945, p 365) all of the rights, privileges, powers, immunities, duties and functions conferred by Sections 54-5-10, 54-5-60, 54-5-80, 54-5-90 and Sections 5-35-10 to 5-35-40 upon cities of this State having a population of fifty thousand inhabitants or more and upon port utilities commissions of such cities.
HISTORY: 1962 Code Section 54-16; 1952 Code Section 54-16; 1945 (44) 365.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-170. Use of certain State property.

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.
HISTORY: 1962 Code Section 54-17; 1952 Code Section 54-17; 1942 (42) 1535.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-180. Exchange of property; removal of structures.

The Authority may exchange any property acquired under the authority of this chapter for other property usable in carrying out the powers hereby conferred and also may remove from lands needed for its purposes and reconstruction on other locations, buildings, terminals, railroads or other structures upon the payment of just compensation, if, in its judgment, it is necessary or expedient so to do in order to carry out any of its plans for port development, under the authorization of this chapter.
HISTORY: 1962 Code Section 54-18; 1952 Code Section 54-18; 1942 (42) 1535.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-190. Lease or grant of property to United States; reimbursement for certain acquisition costs.

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.
HISTORY: 1962 Code Section 54-19; 1952 Code Section 54-19; 1942 (42) 1535.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-200. Acquisition and operation of terminal railroads.

The Authority may acquire, own, lease, locate, install, construct, equip, hold, maintain, control and operate at harbors and seaports a line of terminal railroads with necessary sidings, turnouts, spurs, branches, switches, yard tracks, bridges, trestles and causeways and in connection therewith or appurtenant thereto may further lease, install, construct, acquire, own, maintain, control and use any and every kind or character of motive power and conveyance or appliance necessary or proper to carry passengers, goods, wares and merchandise over, along or upon the tracks of such railroads or other conveyances.
HISTORY: 1962 Code Section 54-20; 1952 Code Section 54-20; 1942 (42) 1535.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-210. Contracts with railroad employees.

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.
HISTORY: 1962 Code Section 54-21; 1952 Code Section 54-21; 1942 (42) 1535.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-220. Connecting with or crossing other railroads.

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.
HISTORY: 1962 Code Section 54-22; 1952 Code Section 54-22; 1942 (42) 1535.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-230. Foreign-trade zones.

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.
HISTORY: 1962 Code Section 54-23; 1970 (56) 1972.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-240. Inland ports.

The South Carolina State Ports Authority is authorized to establish inland ports to provide services for the handling of general merchandise cargo; provided, however, that no such inland port shall be established unless it is designated as a United States Port of Entry by the United States Custom Service. The State Ports Authority shall select and describe the location of any such inland port and may erect, maintain and operate or lease any structure, building or enclosure as may be necessary for the establishment, operation and maintenance of any such port. The Authority shall make such rules and regulations and do such other things as may be necessary to carry out the purposes of this section.
HISTORY: 1962 Code Section 54-24; 1972 (57) 2178.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-245. Seafood industrial port in Beaufort County.

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.
HISTORY: 1978 Act No. 646 Section 2(23).
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-250. Inspection of motor vehicles prior to exportation.

No motor vehicle shall be exported to another country through the State Ports Authority unless the Authority has inspected the vehicle and determines that it is the same vehicle described on the documents required to be filed concerning the exportation of such vehicle.
HISTORY: 1962 Code Section 54-25; 1972 (57) 2122.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-260. Construction of terminal or railroad on Daniel Island.

The authority must obtain the approval of the General Assembly prior to constructing a terminal or railroad on Daniel Island.
HISTORY: 2000 Act No. 387, Part II, Section 76, eff June 30, 2000.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-270. Cooper River terminal facility environmental study and permitting; indemnification of Authority members for Cooper bridge funding.

(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.
HISTORY: 2002 Act No. 256, Section 2, eff May 20, 2002; 2002 Act No. 356, Section 16, eff July 1, 2002.
Effect of Amendment
The 2002 amendment, in subsection (C), deleted "Budget and Control Board" following "State".
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-410. Authority shall have general supervision of wharves, warehouses, and terminal facilities.

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.
HISTORY: 1962 Code Section 54-31; 1952 Code Section 54-31; 1942 Code Section 6727; 1932 Code Section 6727; Civ. C. '22 Section 3628; 1912 (27) 661; 1923 (33) 63; 1945 (44) 365.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-420. Examination of facilities.

The Authority may examine into all wharves, warehouses and terminal facilities, and the approaches thereto in Charleston County.
HISTORY: 1962 Code Section 54-32; 1952 Code Section 54-32; 1942 Code Section 6730; 1932 Code Section 6730; Civ. C. '22 Section 3631; 1912 (27) 661; 1923 (33) 63; 1945 (44) 365.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-430. Requiring repair or improvement of facilities.

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.
HISTORY: 1962 Code Section 54-33; 1952 Code Section 54-33; 1942 Code Section 6728; 1932 Code Section 6728; Civ. C. '22 Section 3629; 1912 (27) 661; 1923 (33) 63; 1945 (44) 365.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-440. Authority may order improvements to facilities on petition.

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.
HISTORY: 1962 Code Section 54-34; 1952 Code Section 54-34; 1942 Code Section 6729; 1932 Code Section 6729; Civ. C. '22 Section 3630; 1912 (27) 661; 1945 (44) 365.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-450. Unsafe or unsuitable facilities.

The owners or occupiers of any wharf, warehouse or terminal facility within Charleston County shall at all times, as long as such property is used for public purposes, keep it and the sheds thereon and the approaches thereto in proper condition and repair. If such wharf, warehouse, terminal facility, superstructures or the approaches thereto are dangerous to life or limb or unsafe or unsuitable for the persons using them, the Authority shall notify in writing the owner or occupier of such wharf, warehouse or terminal facility to put it in proper repair or condition. If the owner or occupier shall neglect or refuse to put such wharf, warehouse, terminal facility, superstructures or approaches in proper condition within thirty days after notice, such owner or occupier so offending shall be subject to a penalty of one hundred dollars and the further sum of ten dollars for each day such neglect shall continue and shall moreover pay all expense incurred by reason of such neglect or refusal. And if such wharf, warehouse or terminal facility be at such time used for public purposes, the Authority may repair and put it in safe and suitable condition at the expense of the owner or occupier. But the owner or occupier of any such property shall, within ten days after notice is served upon him to repair the same, have the right to apply to the Authority for a hearing.
HISTORY: 1962 Code Section 54-35; 1952 Code Section 54-35; 1942 Code Section 6731; 1932 Code Section 6731; Civ. C. '22 Section 3632; 1912 (27) 661; 1923 (33) 63; 1945 (44) 365.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-460. Penalties for violations.

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.
HISTORY: 1962 Code Section 54-36; 1952 Code Section 54-36; 1942 Code Section 6732; 1932 Code Section 6732; Civ. C. '22 Section 3633; 1912 (27) 661; 1945 (44) 365.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-470. Appeals.

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.
HISTORY: 1962 Code Section 54-37; 1952 Code Section 54-37; 1942 Code Section 6733; 1932 Code Section 6733; Civ. C. '22 Section 3634; 1912 (27) 661; 1945 (44) 365; 2006 Act No. 387, Section 32, eff July 1, 2006.
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.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-480. Article inapplicable to portions of Charleston County.

The provisions of this article shall not apply to any portion of Charleston County not included in the city of Charleston or in the portion of the county lying to the north of said city and between the Ashley and Cooper Rivers.
HISTORY: 1962 Code Section 54-38; 1952 Code Section 54-38; 1942 Code Section 6733; 1932 Code Section 6733; Civ. C. '22 Section 3634; 1912 (27) 661; 1945 (44) 365.
2023 South Carolina Code of Laws › Title 54 - Ports and Maritime Matters › Chapter 3 - South Carolina State Ports Authority › Section 54-3-610. Powers of Authority as to erection or removal of wharves, docks, and other structures.

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.
HISTORY: 1962 Code Section 54-51; 1952 Code Section 54-51; 1942 Code Section 6719; 1932 Code Section 6719; Civ. C. '22 Section 3617; Civ. C. '12 Section 2507; Civ. C. '02 Section 1651; 1945 (44) 365.