Bill 1288

                    Current Status

Bill Number:               1288
Ratification Number:       608
Act Number                 536
Introducing Body:          Senate
Subject:                   Commissioners of Pilotage;
                           appointment

(A536, R608, S1288)

AN ACT TO AMEND SECTIONS 54-15-10 AND 54-15-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMMISSIONERS OF PILOTAGE FOR THE PORTS OF GEORGETOWN, LITTLE RIVER, AND PORT ROYAL, SO AS TO DELETE THE REQUIREMENT THAT THEY BE APPOINTED IN FEBRUARY OF ODD-NUMBERED YEARS, TO INCREASE THE JURISDICTION OF THE COMMISSIONERS OF PILOTAGE OF PORT ROYAL TO INCLUDE CALIBOGUE SOUND AND THE SOUTH CAROLINA SIDE OF THE SAVANNAH RIVER, TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE PORT OF GEORGETOWN IS A MEMBER EX OFFICIO OF THE COMMISSIONERS OF PILOTAGE OF GEORGETOWN; TO AMEND THE 1976 CODE BY ADDING SECTIONS 54-15-350 AND 54-15-360 SO AS TO LIMIT A LICENSED SHIP'S PILOT'S LIABILITY TO FIVE THOUSAND DOLLARS EXCEPT FOR WILFULLNESS OR RECKLESSNESS AND TO PROVIDE THAT A PILOT'S LIABILITY DOES NOT EXEMPT THE VESSEL'S OWNER AND OPERATOR FROM LIABILITY FOR THE DAMAGES CAUSED BY THE PILOT WHILE ABOARD THE VESSEL.

Be it enacted by the General Assembly of the State of South Carolina:

Commissioners of pilotage; appointment

SECTION 1. Section 54-15-10 of the 1976 Code is amended to read:

"Section 54-15-10. The commissioners of pilotage for the ports of Georgetown, Little River in Horry County, and Port Royal must be appointed by the Governor, upon the recommendation of a majority of the legislative delegation of the county in which the port is located and shall serve for two years and until their successors are appointed and qualify. Vacancies must be filled in the manner of the original appointment for the unexpired term."

Commissioners of pilotage; membership

SECTION 2. Section 54-15-20 of the 1976 Code is amended to read:

"Section 54-15-20. The commissioners of pilotage of Little River consist of three persons, two of whom are or have been seafaring men and one of whom is a full branch pilot of the port of Little River.

The commissioners of pilotage of Georgetown consist of six persons appointed as provided by Section 54-15-10, two of whom are or have been seafaring men. The director of the port of Georgetown is a member ex officio.

The commissioners of pilotage of Port Royal consist of five persons. They have jurisdiction over St. Helena, Port Royal, Calibogue Sound, and the South Carolina side of the Savannah River."

Limit on liability for damages caused by pilots;

owners and operators also liable

SECTION 3. The 1976 Code is amended by adding:

"Section 54-15-350. A licensed ship's pilot is not liable for damages in excess of five thousand dollars for damages or loss occasioned by the pilot's errors, omissions, fault, or neglect in the performance of pilotage services, except for wilful misconduct or reckless disregard for safety by the pilot.

Section 54-15-360. 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 (1) the ship was piloted by a pilot licensed by the State, or (2) the damage or loss was occasioned by the error, omission, fault, or neglect of a pilot licensed by the State."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.