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S. 182
STATUS INFORMATION
General Bill
Sponsors: Senators McConnell, Drummond and Ford
Document Path: l:\council\bills\bbm\9362zw03.doc
Introduced in the Senate on January 14, 2003
Introduced in the House on April 24, 2003
Last Amended on April 23, 2003
Currently residing in the House Committee on Judiciary
Summary: Maritime Security Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/14/2003 Senate Introduced and read first time SJ-97
1/14/2003 Senate Referred to Committee on Judiciary SJ-97
4/16/2003 Senate Committee report: Favorable with amendment Judiciary
SJ-30
4/17/2003 Senate Read second time SJ-13
4/17/2003 Senate Ordered to third reading with notice of amendments SJ-13
4/17/2003 Scrivener's error corrected
4/23/2003 Senate Amended SJ-31
4/23/2003 Senate Read third time and sent to House SJ-31
4/24/2003 House Introduced and read first time HJ-18
4/24/2003 House Referred to Committee on Judiciary HJ-18
4/24/2003 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
1/14/2003
4/16/2003
4/17/2003
4/23/2003
4/24/2003
AS PASSED BY THE SENATE
April 23, 2003
S. 182
S. Printed 4/23/03--S. [SEC 4/24/03 6:31 PM]
Read the first time January 14, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 17 TO TITLE 54 ENACTING THE "SOUTH CAROLINA MARITIME SECURITY ACT", BY CREATING THE SOUTH CAROLINA MARITIME SECURITY COMMISSION, BY PROVIDING FOR THE COMMISSION'S MEMBERSHIP, DUTIES, AND RESPONSIBILITIES, AND BY PROVIDING THAT THE SOUTH CAROLINA NAVAL MILITIA MUST BE AN ORGANIZED, STRUCTURED, TRAINED, AND CERTIFIED VOLUNTEER STATE MARITIME FORCE.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 54 of the 1976 Code is amended by adding:
Section 54-17-10. This chapter may be cited as the 'South Carolina Maritime Security Act'.
Section 54-17-20. As used in this chapter:
(1) 'Commission' means the group of individuals comprising the Maritime Security Commission.
(2) 'Captain of the Port' means the United States Coast Guard officer designated by the Commandant of the Coast Guard to perform that function pursuant to Section 1.01-30 of Title 33, Code of Federal Regulations, whose role is further defined in Section 6.01-4 of that same title.
(3) 'District Commander' means the Coast Guard officer designated by the Commandant of the Coast Guard to command a Coast Guard District. District Commander refers to that district commander that incorporates South Carolina.
(4) 'Port' means a developed area of maritime commerce.
(5) 'Maritime area' means any area of water, land, or water and land bordering on the sea or any estuary, river, creek, or lake in or contiguous to the State of South Carolina, that is capable of approach by a vessel, excluding the land-side facilities of the South Carolina State Ports Authority.
(6) 'Safety zone' means a water area, shore area, or water and shore area to which, for safety or environmental purposes, access is limited to authorized persons, vehicles, or vessels. It may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion.
(7) 'Security zone' means an area of land, water, or land and water which is so designated by the Captain of the Port or District Commander for such time as may be necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States or to secure the observance of the rights and obligations of the United States. The purpose of a security zone is to safeguard from destruction, loss, or injury from sabotage or other subversive acts, accidents, or other causes of a similar nature (a) vessels, (b) harbors, (c) ports, and (d) waterfront facilities that are in the United States and its territories and waters, continental or insular, that are subject to the jurisdiction of the United States.
(8) 'Volunteer Port Security Force' means the volunteer organization composed of licensed mariners and private assets who: (a) facilitate discovery and proper reporting of suspicious activities and events observed on and about the waters of Charleston bar and harbor, and (b) provide assistance to those government authorities during Maritime Security Levels 2 and 3, as may be required.
Section 54-17-30. There is created a Maritime Security Commission composed of ten members:
(1) one member shall be the Chairman of the State Ports Authority, ex-officio, or a member of the State Ports Authority Board, designated by the chairman;
(2) one member shall be the Commander of the South Carolina Naval Militia, ex-officio;
(3) one member shall be a serving chief of police or equivalent, ex-officio;
(4) one member shall be a serving fire chief or equivalent, ex-officio;
(5) one member shall be a representative of the South Carolina Department of Natural Resources Law Enforcement Division, ex-officio;
(6) one member shall be the Adjutant General, ex-officio, or his designee, who shall serve as a non-voting member;
(7) one member shall represent the commercial maritime community;
(8) one member shall be a retired U. S. Coast Guard officer, grade O-5 or higher, who supervised federal port security duties as a Captain of the Port;
(9) one member shall be a retired U. S. Navy officer, grade O-6 or higher; and
(10) one member shall be an inactive or retired U. S. Coast Guard Reserve officer, grade O-6 or higher.
The four members who are not ex-officio shall be appointed by the Governor with the advice and consent of the Senate. These non-ex-officio members shall be selected from respective lists of retired Navy, Coast Guard, and Coast Guard Reserve officers residing in South Carolina and commercial maritime community members maintained by the Captains of the Port. The chiefs of police and fire chiefs shall be from the port communities and shall rotate annually into the position on the commission. The order of rotation shall be determined by the respective chiefs. The Coast Guard Reserve member and the commercial maritime community member shall serve initial terms of two years, the Navy member shall serve an initial term of four years, and the Coast Guard member shall serve an initial term of six years. Thereafter, the four members who are not ex-officio shall serve terms of six years. In the event of a vacancy, however caused, a successor must be appointed in the manner of the original appointment for the unexpired term. These appointments must be made as each term of the present commissioners expires. The appointees, however, shall serve until their successors have been appointed and qualified. There shall be a chairman and a secretary elected by the members of the commission pursuant to rules promulgated by the commission. Each member shall have the appropriate background as to authorize access to sensitive law enforcement and port security information.
Section 54-17-40. The South Carolina Naval Militia is reestablished. The Maritime Security Commission must organize, administer, coordinate, and facilitate the activities of the Naval Militia in order to provide to federal, state, county, and local agencies adequate numbers of trained and qualified personnel with proper accountability and adequate indemnification provisions to enhance maritime homeland security operations.
Section 54-17-50. (A) The Naval Militia is an organized, structured, trained, and certified volunteer state maritime force that is regionally aligned to enable appropriate augmentation of federal, state, county, and municipal forces, and may be engaged in any federal response to the threat of terrorism and to the needs of maritime homeland security. This militia is naval in nature, and functions as a federally-recognized state force pursuant to Title 10 of the United States Code and a Memorandum of Understanding that must be in effect between the United States Navy and the South Carolina Naval Militia prior to the Naval Militia becoming operational.
(B) The Commander of the South Carolina Naval Militia shall be a Rear Admiral (O-8) who must be appointed by the commission, commissioned by the Governor, and shall serve a term of four years. The commander will propose other commissions and appointments in accordance with rules promulgated by the commission.
(C) Divisions of the Naval Militia will include a division that consists of members of the United States Navy, Marine Corps, and Coast Guard Reserve (federal service takes priority). In addition, the Naval Militia must include a division that consists of the Merchant Marine. The Merchant Marine division shall consist of Coast Guard-licensed or certificated merchant mariners whose regular occupation is service on board Coast Guard-regulated commercial vessels that normally operate in or from the maritime areas of South Carolina, and which are enrolled as units of the Volunteer Port Security Force. The Merchant Marine division also shall include other professional mariners who have volunteered for service in this militia and who are licensed or certificated by the Coast Guard as merchant mariners. The Naval Militia also shall include a staff element and a support division.
(D) Naval Militia personnel are entitled to all appropriate honors, courtesies, privileges, and authority provided under state law to state military organizations. This authority shall be exercised only pursuant to mission requirements and in accordance with rules promulgated by the commission.
(E) Within the South Carolina Naval Militia, a joint service task force is authorized whose purpose is to determine and coordinate regional security missions relating to those waterways shared with contiguous states, and to provide federal and regional interoperability advice and assistance to the commission. Such a task force shall be appointed and assigned pursuant to rules promulgated by the commission.
Section 54-17-60. The Maritime Security Commission and the Naval Militia must coordinate their activities with federal, state, and local agencies responsible for maritime homeland security and Naval Militia functions as they relate to this title. These agencies shall include, but are not limited to, the State Law Enforcement Division; the Departments of Natural Resources, Public Safety and Transportation and the Military Department, and their several state agencies; state, county, and municipal police departments including marine police components; and the South Carolina Army and Air National Guard.
Section 54-17-70. The South Carolina Law Enforcement Division is authorized to promulgate regulations not specifically authorized by the federal government or by another agency, department, or division of state government, which are necessary for the proper administration and enforcement of homeland security measures for maritime protection, including, but not limited to, safety zones and security zones. Such regulations, including any emergency authority, must be promulgated within the guidelines of the Administrative Procedures Act and after consultation with the Ports Security Committee established by the United States Coast Guard. This regulatory authority ceases upon implementation of the federal Maritime Transportation Security Act regulations, currently scheduled for July 2004."
SECTION 2. This act takes effect upon approval by the Governor, except that Sections 54-17-40, 54-17-50, and 54-17-60 take effect upon the execution of a Memorandum of Understanding between the United States Navy and the South Carolina Naval Militia and ratification of the Memorandum of Understanding by Joint Resolution of the General Assembly.
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