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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 12 TO CHAPTER 3, TITLE 54 SO AS TO PROVIDE MARITIME TRANSPORTATION SECURITY ACT REGULATED FACILITY STANDARDS FOR THE EMPLOYMENT OF PERSONS WHO NEED TO GAIN ACCESS TO A FACILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 54 of the 1976 Code is amended by adding:
Section 54-3-1200. (A) A fingerprint based criminal history check must be performed by the South Carolina Law Enforcement Division (SLED) and the Federal Bureau of Investigation (FBI) on an applicant for employment, every current employee, and other persons needing to gain access to a Maritime Transportation Security Act (MTSA) regulated facility. The criminal history check must be performed in connection with authorized regular access to or employment within a MTSA regulated facility, and must be performed at the time of employment for newly hired employees or upon renewal of existing MTSA regulated facility badges.
(B) An individual subject to the background criminal history check must file a complete set of fingerprints with SLED taken in a manner required by the division. Fingerprints must be submitted to SLED for state processing and the FBI for federal processing. The results of each fingerprint based check must be reported to the requesting MTSA regulated facility. The costs of the checks must be paid by the employing entity or by the person checked.
(C) A person who within the past seven years has been convicted of or pled guilty or nolo contendere to a violent crime as contained in Section 16-1-60, or an act of terrorism may not be employed with or gain access to a MTSA regulated facility. However, if, upon release from incarceration and any supervision imposed as a sentence, a person remains free from a subsequent conviction for any offense contained in subsection C for a period of at least seven years prior to an employment or access date under consideration, the person may be employed with or gain access to an MTSA regulated facility.
(D) The Area Maritime Security Committee, established under the guidelines of the MTSA, may allow the granting of waivers or conditional employment or access.
(E) Nothing in this article must be construed as preventing a MTSA regulated facility from implementing security measures that are more stringent, greater than, or supplemental to the statewide seaport security access standards described above.
Section 56-3-1210. (A) To operate a yard hostler on a MTSA regulated facility, a person must possess a valid driver's license. However, he must possess a commercial driver's license (CDL) on and after January 1, 2006.
(B) An employer must notify a MTSA regulated facility when an employee who may enter a MTSA regulated facility loses or has his driver's license or CDL suspended immediately upon its loss or suspension."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, June 23, 2009 at 2:26 P.M.