Download This Version in Microsoft Word format
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The General Assembly finds:
(1) there are apparent gaps in the federal maritime homeland security program intended to protect maritime areas from attacks committed by terrorists. Federal jurisdictional interpretations now exist that would limit aggressive actions by United States Coast Guard port security personnel on maritime land areas that are not also federal property. Moreover, a current federal definition of the word "port" is limited to mean "a developed area of maritime commerce", thereby excluding other vulnerable maritime land and water areas from federal port security enforcement protection that do not meet that definition. These two limitations create new jurisdictional gaps in federal maritime homeland security that did not exist previously under the primary federal port security statute, 50 USC 191, as amended, commonly known as "The Magnuson Act", and the federal regulations issued thereunder;
(2) the numbers of trained federal personnel that may be assigned to port security duties have been seriously reduced by cuts in the United States Coast Guard Reserve, which reductions have further limited federal port security capabilities;
(3) no single state agency is charged with the responsibility for maritime homeland security; and
(4) the South Carolina Naval Militia, which was established in 1892 and which served the United States and South Carolina until federalized in 1917 to create the United States Naval Reserve upon declaration of war, authorized by Title 10, United States Code, may lawfully provide qualified volunteers to serve to augment federal, state, county, and municipal law enforcement agencies thereby increasing the force level of protective personnel for maritime areas in South Carolina.
(B) The General Assembly further finds that the United States has enacted laws and promulgated regulations regarding the security and safety of ports and waterways. These laws and regulations are enforced by the United States Coast Guard. The primary federal statute regarding port security is Section 191 of Title 50, United States Code, as amended, which is applied as federal regulations under Part 6, Subchapter A, Chapter I, Title 33, Code of Federal Regulations as originally implemented by Executive Order 10173, as amended. The leading federal statute regarding port safety is Section 1221, et seq., of Title 33, United States Code, as amended, which is applied as a number of federal regulations contained in different Parts and Subchapters of Chapter I, Title 33, Code of Federal Regulations. This act will not duplicate federal law.
(C) The General Assembly further finds that to provide greater defense to the citizens and maritime areas of the State of South Carolina, this Maritime Security Act extends protection through the development, promulgation, and enforcement of state regulations by the South Carolina Maritime Security Commission. These regulations will include the authority to designate maritime security areas that augment federal jurisdictional authority. In addition, this act provides a means to augment the existing numbers of federal, state, county, and municipal maritime security personnel with qualified volunteers of the South Carolina Naval Militia. Finally, this act establishes a single agency with the responsibility and authority to represent, analyze, and prioritize South Carolina's maritime homeland security requirements.
SECTION 2. 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 unless the context requires a different meaning:
(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. South Carolina lies within the jurisdiction of the commander, Seventh Coast Guard District headquartered in Miami, Florida.
(4) 'Facility or waterfront facility' means all piers, wharves, docks, and similar structures to which vessels may be secured; areas of land, water, or land and water under and in immediate proximity to them; buildings on such structures or contiguous to them, and equipment and materials on such structures or in such buildings (33 CFR 6.01-4).
(5) 'Port' means a developed area of maritime commerce.
(6) 'Maritime area' means any area of water, or 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.
(7) 'Maritime security area' means a designated land or water maritime area within the State of South Carolina that adjoins the sea; an estuary; a river, including those that form a boundary with another state; a lake; or a designated land or water area that is concurrent with or adjoins a designated federal safety area or security zone. Such maritime security area shall be subject to regulation by the commission.
(8) 'Regulated navigation area' means a water area within a defined boundary for which regulations for vessels navigating within the area have been established by the United States Coast Guard (33 CFR 165.10).
(9) '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 (33 CFR 165.20).
(10) '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 (33 CFR 6.01-5) (33 CFR 165.30). 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;
in the United States and its territories and waters, continental or insular, that are subject to the jurisdiction of the United States (33 CFR 165.30).
Section 54-17-30. The South Carolina Naval Militia is reestablished, and there is created a Maritime Security Commission composed of seven members. One member shall be the chairman, South Carolina State Ports Authority, ex-officio, or a member of the State Ports Authority Board, designated by the chairman. One member shall represent the commercial maritime community. One member shall be the commander, South Carolina Naval Militia, ex-officio. One member shall be a serving chief of police, or the equivalent, in the Charleston area. One member shall be a retired United States Coast Guard officer, grade 0-5 or higher, who supervised federal port security duties as a Captain of the Port. One member shall be a retired United States Navy officer, grade 0-6 or higher. One member shall be an inactive or retired United States Coast Guard Reserve officer, pay grade 0-5 or higher. The maritime community member shall be recommended by the Charleston Legislative Delegation. The Coast Guard and Coast Guard Reserve members shall be appointed by the Governor upon the recommendation of the Charleston County Legislative Delegation from a list of names of such officers maintained by the United States Coast Guard Marine Safety Office at Charleston. The Navy member shall be appointed by the Governor upon the recommendation by the Charleston County Legislative Delegation from a list of retired Navy officers residing in South Carolina. The chiefs of police shall rotate into the position on the commission annually and such chiefs will include the police chiefs of the City of Charleston, North Charleston, Mount Pleasant, the Sheriff of Charleston County, and the police chief of the South Carolina States Ports Authority. The three members who are not ex-officio shall serve terms of six years, except that the initial Coast Guard Reserve member appointed shall serve two years, the initial Navy member appointed shall serve four years, and the initial Coast Guard member appointed shall serve the full 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. The above 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 elected by the members of the commission pursuant to regulations promulgated by the commission.
Section 54-17-40. (A) The Maritime Security Commission must determine the status and extent of existing federal port security and port safety authorities, programs, and capabilities, and if appropriate, make recommendations for additional remedial legislation to the General Assembly. The commission, as it considers necessary, may promulgate maritime homeland security regulations to mitigate jurisdictional gaps in the federal maritime homeland security.
(B) The Maritime Security Commission is designated as the single state agency charged with the sole purpose of administering maritime homeland security responsibilities. The commission must:
(1) evaluate and assess the vulnerability of state maritime areas and to make such recommendations to the General Assembly as may be deemed necessary;
(2) assess priorities on behalf of the State of South Carolina for the distribution and utilization of state maritime homeland security resources, including such resources as may be provided to the State by the federal government for that purpose;
(3) through the issuance of authoritative regulations pursuant to the Administrative Procedures Act, augment the regulatory authority of federal agencies to assure adequate jurisdiction for necessary maritime homeland security operations in state maritime areas; and
(4) regulate the South Carolina Naval Militia through the deliberate augmentation of South Carolina Naval Militia personnel among federal, state, county, and local agencies, for the purpose of providing adequate numbers of trained and qualified personnel to enable maritime homeland security operations.
(C) The Maritime Security Commission represents the State of South Carolina in all maritime homeland security matters pertaining to federal initiatives in Homeland Security, Marine Transportation System, and on any United States Coast Guard Port Security Committee, or on any other similar body. However, such representation by the commission does not prevent other state, county, or municipal agencies from appropriate participation in such bodies.
Section 54-17-50. (A) The commission must promulgate regulations in accordance with the Administrative Procedures Act for the administration of maritime homeland security activities. These regulations must include, but are not limited to the:
(1) investigation and evaluation of maritime areas of vulnerability;
(2) assessment of maritime homeland security priorities;
(3) establishment and enforcement of maritime security areas;
(4) organization and administration of the South Carolina Naval Militia;
(5) augmentation by South Carolina Naval Militia of federal, state, county, and municipal law enforcement agencies;
(6) reports of South Carolina Naval Militia operations;
(7) South Carolina Naval Militia Foundation;
(8) administration of the commission organization, including selection of chairman, meetings, recordkeeping, etc..
(B) Regulations promulgated by the commission as maritime security area regulations shall be enforced by state, county, and municipal law enforcement agencies, and duly authorized members of the South Carolina Naval Militia.
Section 54-17-60. (A) The South Carolina Naval Militia, authorized by Title 10, United States Code, must be 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 supplemental agreements with the Department of the Navy. The Commander of the South Carolina Naval Militia must be a Rear Admiral (0-8) who shall be appointed by the Maritime Security Commission and commissioned by the Governor. The commander shall serve a term of four years. The commander shall propose other commissions and appointments in accordance with regulations promulgated by the commission. Divisions of the Naval Militia include a division that shall consist of members of the United States Naval, Marine Corps, and Coast Guard Reserve (federal service shall take priority). In addition, the Naval Militia shall include a division that consists of the Merchant Marine. This 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 shall also 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 shall also include a staff element and a support division. The South Carolina Naval Militia shall be administered by regulations promulgated by the commission.
(B) Naval Militia personnel are entitled to all appropriate honors, courtesies, privileges, benefits, and authority provided under state law to state military organizations. This authority may be exercised only pursuant to mission requirements and in accordance with regulations promulgated by the commission.
(C) Within the South Carolina Naval Militia, a task force is authorized to be comprised of joint agency/service personnel 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 will be appointed and assigned pursuant to regulations promulgated by the commission.
Section 54-17-70. The commission shall ensure the coordination of state activities and operations with the counterpart federal organizations responsible for maritime security. These federal organizations include the United States Coast Guard Captains of the Port at Charleston and Savannah, Georgia; the Federal Bureau of Investigation, the United States Customs Service; the United States Attorney, Homeland Security, the Transportation Security Administration, the United States Naval Reserve, the United States Coast Guard Reserve, various other Department of Defense components, and such other federal agencies as may be charged with various aspects of maritime homeland security.
Section 54-17-80. The commission and the South Carolina Naval Militia shall coordinate their activities with counterpart state and local agencies that have responsibilities that augment or overlap maritime homeland security functions. These agencies shall include, but are not limited to, the South Carolina Departments of Natural Resources, Public Safety and Transportation, and Military Department, and their several state agencies; state, county, and municipal police departments including marine police components; the South Carolina Army and Air National Guard. The commission is authorized to receive complaints concerning lack of coordination among state, county, and local agencies. Such complaints shall be reviewed by the commission, and the commission shall mediate a resolution. In view of the fact that a continued lack or coordination can endanger the health and safety of state, county, and local government employees, all unresolved coordination issues shall be reported to the Director, Department of Labor, Licensing and Regulation.
Section 54-17-90. The commission shall report administratively to the South Carolina Department of Labor, Licensing and Regulation. The commission shall initiate recommendations for legislation through that department, and promulgate its regulations in accordance with the Administrative Procedures Act."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 9:29 A.M.