H 4717 General Bill, By Limehouse, Whatley, Simrill, Allison, Altman, Chellis, 
Davenport, Harrell, Law, Leach, Littlejohn, Moody-Lawrence, Rodgers, Sandifer, 
Scarborough, D.C. Smith, J.R. Smith, Stille, Talley, Taylor, Trotter, Walker, 
Webb and Wilkins
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 54-3-265 TO ENACT THE "SOUTH CAROLINA STATE PORTS AUTHORITY SEAPORT SECURITY
 ACT" SO AS TO PROVIDE THAT EACH SEAPORT UNDER THE JURISDICTION OF THE SOUTH
 CAROLINA PORTS AUTHORITY SHALL ESTABLISH AND MAINTAIN A SECURITY PLAN RELATING
 TO THE SPECIFIC AND IDENTIFIABLE NEEDS OF THE SEAPORT WHICH MUST BE REVIEWED
 BY THE STATE LAW ENFORCEMENT DIVISION (SLED), TO REQUIRE THAT A FINGERPRINT
 CRIMINAL BACKGROUND CHECK BE PERFORMED ON A PERSON WHO HAS REGULAR ACCESS TO A
 SEAPORT FACILITY, TO REQUIRE THAT A PERSON WHO VISITS A SEAPORT FACILITY SHALL
 PROVIDE THE FACILITY'S AUTHORITIES CERTAIN FORMS OF IDENTIFICATION BEFORE HE
 MAY ENTER THE FACILITY, TO PROVIDE THAT EACH SEAPORT MUST PROVIDE SLED WITH AN
 ANNUAL REPORT THAT CONTAINS ITS DETERMINATIONS REGARDING ACCESS TO A SEAPORT
 AND ITS DETERMINATION, TO AUTHORIZE A PERSON'S ACCESS TO A SEAPORT AFTER THE
 APPEAL OF A DENIAL OF ACCESS TO A SEAPORT, TO PROVIDE THAT SLED MUST CONDUCT
 ANNUAL INSPECTIONS OF EACH SEAPORT TO DETERMINE WHETHER IT MEETS THE STANDARDS
 CONTAINED IN ITS SECURITY PLAN AND PROVIDE A REPORT CONTAINING ITS FINDINGS
 FROM THESE INSPECTIONS TO THE GOVERNOR, SPEAKER PRO TEMPORE OF THE SENATE, AND
 THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO PROVIDE THAT THESE
 PROVISIONS DO NOT CONFLICT WITH FEDERAL LAW.

   02/12/02  House  Introduced and read first time HJ-28
   02/12/02  House  Referred to Committee on Judiciary HJ-28

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-3-265 TO ENACT THE "SOUTH CAROLINA STATE PORTS AUTHORITY SEAPORT SECURITY ACT" SO AS TO PROVIDE THAT EACH SEAPORT UNDER THE JURISDICTION OF THE SOUTH CAROLINA PORTS AUTHORITY SHALL ESTABLISH AND MAINTAIN A SECURITY PLAN RELATING TO THE SPECIFIC AND IDENTIFIABLE NEEDS OF THE SEAPORT WHICH MUST BE REVIEWED BY THE STATE LAW ENFORCEMENT DIVISION (SLED), TO REQUIRE THAT A FINGERPRINT CRIMINAL BACKGROUND CHECK BE PERFORMED ON A PERSON WHO HAS REGULAR ACCESS TO A SEAPORT FACILITY, TO REQUIRE THAT A PERSON WHO VISITS A SEAPORT FACILITY SHALL PROVIDE THE FACILITY'S AUTHORITIES CERTAIN FORMS OF IDENTIFICATION BEFORE HE MAY ENTER THE FACILITY, TO PROVIDE THAT EACH SEAPORT MUST PROVIDE SLED WITH AN ANNUAL REPORT THAT CONTAINS ITS DETERMINATIONS REGARDING ACCESS TO A SEAPORT AND ITS DETERMINATION, TO AUTHORIZE A PERSON'S ACCESS TO A SEAPORT AFTER THE APPEAL OF A DENIAL OF ACCESS TO A SEAPORT, TO PROVIDE THAT SLED MUST CONDUCT ANNUAL INSPECTIONS OF EACH SEAPORT TO DETERMINE WHETHER IT MEETS THE STANDARDS CONTAINED IN ITS SECURITY PLAN AND PROVIDE A REPORT CONTAINING ITS FINDINGS FROM THESE INSPECTIONS TO THE GOVERNOR, SPEAKER PRO TEMPORE OF THE SENATE, AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO PROVIDE THAT THESE PROVISIONS DO NOT CONFLICT WITH FEDERAL LAW.

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

SECTION    1.    This act may be cited as the "South Carolina State Ports Authority Seaport Security Act".

SECTION    2.    The 1976 Code is amended by adding:

    "Section 54-3-265.    (A)    Each seaport under the jurisdiction of the South Carolina Ports Authority with the cooperation of the State Law Enforcement Division (SLED), Port Police, and United States Coast Guard shall establish and maintain a security plan relating to the specific and identifiable needs of the seaport. Each plan must include identifiable criteria to deny a person access to a seaport facility. Each plan must be reviewed by the State Law Enforcement Division (SLED) and are exempt from disclosure under the provisions contained in Chapter 4, Title 30. Each seaport must allow unimpeded access by SLED to its facilities to conduct inspections to ensure compliance with its security plan. Each security plan may establish restricted access areas within the seaport. A Restricted Access Area Permit is required for a person who works within or who is authorized to enter a restricted area. Each seaport security plan must contain the conditions and restrictions to be imposed on a person who visits the seaport or a restricted access area.

    (B)    A fingerprint based criminal background check must be performed on and successfully passed by a person who has regular access to a seaport facility. The results of each criminal background check must be reported to each requesting seaport. The cost of the criminal background check must be borne by the person requesting access to a seaport facility or his employer. A person who visits a seaport facility and a person who enters a facility on a nonregular basis must provide the facility's authorities an officially recognized document that verifies his identity before he may be allowed to enter a facility.

    (C)    Each seaport security plan must identify criminal convictions and other criminal history factors which disqualify a person from either initial seaport employment, authorization for access to seaport property, or access to a restricted access area. These factors must be used to disqualify a person who seeks access to the seaport or a restricted access area, or a person who is employed currently or who has access currently to the seaport. Each seaport security plan must contain a procedure to appeal a denial of employment with or access to a seaport upon criminal history factors established pursuant to this subsection.

    (D)    On or before October first of each year, each seaport must provide a report to SLED that contains each determination of denial of access to a seaport, and a determination to authorize access after an appeal of a denial made during the previous twelve months. These reports are exempt from disclosure under the provisions contained in Chapter 4, Title 30. The report must include the identity of the person affected, the factors that support the determination, and other material factors used to make the determination.

    (E)    SLED must conduct not less than one annual unannounced inspection of each seaport under the jurisdiction of the South Carolina State Ports Authority to determine whether it is meeting the standards contained in its security plan, and to identify necessary seaport security changes or improvements to be made to meet these standards. An annual report containing the findings from these inspections must be provided to the Governor, the Speaker Pro Tempore of the Senate, and the Speaker of the House of Representatives by December thirty-first of each year."

SECTION    3.    The provisions contained in this act are in addition to and supplemental to and not in conflict with any federal laws and regulations that govern seaport security.

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