Current Status Introducing Body:Senate Bill Number:569 Ratification Number:110 Act Number:56 Primary Sponsor:Drummond Type of Legislation:GB Subject:Pilotage for the Port of Charleston Companion Bill Number:3378 Date Bill Passed both Bodies:Apr 24, 1991 Computer Document Number:569 Governor's Action:S Date of Governor's Action:May 27, 1991 Introduced Date:Jan 31, 1991 Date of Last Amendment:Apr 16, 1991 Last History Body:------ Last History Date:May 27, 1991 Last History Type:Act No. 56 Scope of Legislation:Statewide All Sponsors:Drummond Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
569 ------ May 27, 1991 Act No. 56
569 ------ May 27, 1991 Signed by Governor
569 ------ May 21, 1991 Ratified R 110
569 Senate Apr 24, 1991 Concurred in House amendment,
enrolled for ratification
569 House Apr 17, 1991 Read third time, returned
with amendment
569 House Apr 16, 1991 Amended, read second time
569 House Apr 10, 1991 Committee Report: Favorable 26
with amendment
569 Senate Mar 07, 1991 Requested the House to return
the Bill
569 House Mar 05, 1991 Introduced, read first time, 26
referred to Committee
569 Senate Mar 01, 1991 Read third time, sent to House
569 Senate Feb 28, 1991 Amended, read second time,
unanimous consent for third
reading on Friday, March 1
569 Senate Feb 26, 1991 Committee Report: Favorable 12
with amendment
569 Senate Jan 31, 1991 Introduced, read first time, 12
referred to Committee
View additional legislative information at the LPITS web site.
(A56, R110, S569)
AN ACT TO AMEND SECTION 54-15-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORT OF CHARLESTON, SO AS TO DELETE THE REQUIREMENT FOR RECOMMENDATION BY A MAJORITY OF THE LICENSED PILOTS; TO AMEND SECTION 54-15-100, RELATING TO APPRENTICES FOR THE PORT, SO AS TO PROVIDE FOR THEM TO BE CERTIFIED AS WELL AS APPROVED AND DELETE THE AGE LIMITATION FOR APPRENTICES OVER TWENTY-EIGHT YEARS OF AGE AND THE REFERENCE TO THE USE OF THE STILLINGS' TEST OR ITS EQUIVALENT; TO AMEND SECTION 54-15-120, RELATING TO THE REQUIREMENTS FOR LICENSING PILOTS IN THE PORT, SO AS TO INCREASE THE SIZE OF LICENSES AND BRANCHES REQUIRED BEFORE EXAMINATION, AUTHORIZE THE CONSIDERATION OF PREVIOUS MARITIME EXPERIENCE, REVISE THE LIMITATION OF THE NUMBER OF LICENSES GRANTED THROUGH REGULATIONS, AND PROVIDE FOR EMERGENCY AND TEMPORARY LICENSES; TO AMEND SECTION 54-15-130, RELATING TO THE LIMITATION OF THE NUMBER OF LICENSED PILOTS, SO AS TO REVISE THE LIMITATION THROUGH REGULATION; TO REPEAL SECTION 54-15-180 RELATING TO THE COMMISSION AND USE OF PILOT BOATS FOR PILOTAGE; TO REPEAL SECTION 54-15-200 RELATING TO THE RESTRICTIONS ON OTHER BUSINESSES OF A PILOT; AND TO REAUTHORIZE THE EXISTENCE OF THE COMMISSIONERS OF PILOTAGE FOR THE PORT FOR SIX YEARS; TO AMEND SECTION 54-15-270, RELATING TO THE REQUIREMENTS FOR VESSELS ENTERING PILOTAGE AREAS OF A PORT, SO AS TO DELETE THE PENALTIES WHEN A VESSEL REFUSES TO RECEIVE A LICENSED PILOT OFFERING TO BOARD; AND TO AMEND SECTION 54-15-140, RELATING TO ORDERS AND REGULATIONS BY COMMISSIONERS OF PILOTAGE, SO AS TO DELETE THE AUTHORIZATION FOR SUSPENSION OR REVOCATION OF LICENSES OF PILOTS AND PROVIDE REQUIREMENTS FOR THE REGULATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Recommendation requirement deleted
SECTION 1. Section 54-15-60 of the 1976 Code is amended to read:
"Section 54-15-60. (A) The commissioners of pilotage for the port of Charleston shall organize a board of examiners for the port 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 and include the following requisites:
(1) rules of the road;
(2) use of a compass;
(3) set of currents;
(4) boarding of vessels in heavy weather;
(5) bearings of noted objects, numbers, shapes, and colors of buoys;
(6) use of the sextant;
(7) other matters the commissioners of pilotage for the port include in the examination.
(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."
Certification; age requirement and Stilling's test deleted
SECTION 2. Section 54-15-100 of the 1976 Code is amended to read:
"Section 54-15-100. Apprentices for the Port of Charleston 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 commissioners of pilotage for the port. 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 commissioners of pilotage for the port. Satisfactory certificates of the requirements of this section must be filed with the commissioners of pilotage for the port before the applicant may be accepted as an apprentice."
Required size of licenses and branches increased; consideration of previous maritime experience; limitation on number of licenses through regulation
SECTION 3. Section 54-15-120 of the 1976 Code is amended to read:
"Section 54-15-120. (A) Apprentices in the port of Charleston shall serve three years before being eligible to take an examination for a twenty-five foot license or branch. During their apprenticeship licensed pilots shall take apprentices on board all types of vessels, so that they may become thoroughly competent for the discharge of their duties. They shall hold a:
(1) twenty-five foot license or branch with a tonnage restriction in service six months before being eligible to take an examination for a twenty-five foot license or branch with no tonnage restriction;
(2) twenty-five foot license or branch with no tonnage restriction in service six months before being eligible for a thirty foot license or branch;
(3) thirty foot license or branch in service one year before being eligible to take an examination for a thirty-five foot license or branch;
(4) thirty-five foot license or branch in service one year before being eligible to take an examination for a full license or branch.
(B) In determining qualifications for apprentices the 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 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 commissioners of pilotage for the port, apprentices for the port may be granted emergency or temporary licenses if necessary."
Limitation on number of licensed pilots through regulation
SECTION 4. Section 54-15-130 of the 1976 Code is amended to read:
"Section 54-15-130. The number of pilots for the bar and harbor of Charleston may not exceed the number set by the commissioners of pilotage for the port of Charleston through regulations promulgated in accordance with the Administrative Procedures Act. The number of pilots for the port of Port Royal is limited to twelve and for the bar and harbor of Georgetown to three, with power to the commissioners of pilotage to increase the number for the port of Port Royal to fifteen and for Georgetown to five, if in their judgment the commerce of either port requires the increase. The number of pilots for the other ports must be fixed by the commissioners of pilotage at the ports. However, the limit in number does not exclude a pilot who holds a regularly issued license. The board shall make no distinction in the selection of pilots on account of race, color, or previous condition."
Repeal
SECTION 5. Section 54-15-180 of the 1976 Code is repealed.
Repeal
SECTION 6. Section 54-15-200 of the 1976 Code is repealed.
Reauthorization
SECTION 7. In accordance with Section 1-20-60 of the 1976 Code the existence of the Commissioners of Pilotage for the Port of Charleston is reauthorized for six years.
Penalties for refusing to receive a licensed pilot deleted
SECTION 8. Section 54-15-270 of the 1976 Code is amended to read:
"Section 54-15-270. All vessels entering into the pilotage area of a port for the purpose of entering such 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."
Authorization for suspension or revocation of licenses of pilots; regulation requirements
SECTION 9. Section 54-15-140 of the 1976 Code is amended to read:
"Section 54-15-140. The commissioners of pilotage for the port to which they belong shall promulgate regulations in accordance with the Administrative Procedures Act for the administration of pilotage within that port. 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) geographic areas of commissioners' jurisdiction;
(9) other matters affecting the safe and efficient administration of pilotage."
Time effective
SECTION 10. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1991.