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H. 3923
STATUS INFORMATION
General Bill
Sponsors: Reps. Limehouse, Altman, Harrell, Merrill, Scarborough, Hinson, Dantzler, Chellis, Hagood and Ceips
Document Path: l:\council\bills\gjk\20408sd05.doc
Companion/Similar bill(s): 753
Introduced in the House on April 13, 2005
Introduced in the Senate on May 12, 2005
Currently residing in the Senate
Summary: Ports Authority
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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4/13/2005 House Introduced and read first time HJ-59
4/13/2005 House Referred to Committee on Judiciary HJ-59
5/5/2005 House Recalled from Committee on Judiciary HJ-35
5/10/2005 House Read second time HJ-16
5/11/2005 House Read third time and sent to Senate HJ-25
5/12/2005 Senate Introduced and read first time SJ-12
5/12/2005 Senate Referred to Committee on Transportation SJ-12
5/18/2005 Senate Polled out of committee Transportation SJ-17
5/18/2005 Senate Committee report: Favorable Transportation SJ-17
5/30/2006 Senate Special order, set for May 30, 2006 SJ-51
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
POLLED OUT OF COMMITTEE
MAJORITY FAVORABLE
May 18, 2005
H. 3923
Introduced by Reps. Limehouse, Altman, Harrell, Merrill, Scarborough, Hinson, Dantzler, Chellis, Hagood and Ceips
S. Printed 5/18/05--S.
Read the first time May 12, 2005.
To whom was referred a Bill (H. 3923) to amend Chapter 3, Title 54, Code of Laws of South Carolina, 1976, relating to the State Ports Authority, by adding Article 12 so as to require a, etc., respectfully
Has polled the Bill out majority favorable.
TO AMEND CHAPTER 3, TITLE 54, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PORTS AUTHORITY, BY ADDING ARTICLE 12 SO AS TO REQUIRE A FINGERPRINT-BASED CRIMINAL HISTORY CHECK OF EMPLOYEES OF THE PORTS AUTHORITY AND OTHER PERSONS ON TERMINALS ENGAGED IN ACTIVITIES RELATING TO CARGO MOVEMENT AT PORTS AUTHORITY FACILITIES, TO PROHIBIT THE EMPLOYMENT OF CERTAIN PERSONS AT PORTS AUTHORITY FACILITIES, AND TO PROVIDE FOR THE PROCEDURES NECESSARY TO IMPLEMENT THE ABOVE PROVISIONS.
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)(1) A fingerprint-based criminal history check must be performed by the South Carolina Law Enforcement Division and the Federal Bureau of Investigation on new hires, all existing employees, on persons seeking issuance or renewal of State Ports Authority credentials, and all other persons on terminals engaged in activities related to cargo movement on a State Ports Authority facility. Subsequent to the issuance or renewal of State Ports Authority credentials, a criminal history check must be performed by the State Ports Authority every two years for six years from the date the credentials are issued, at which time a new fingerprint-based criminal history check is required.
(2) For purposes of this section, employees who are engaged in activities related to cargo movement on State Ports Authority facilities are State Ports Authority employees, stevedores, companies registered to operate on State Ports Authority facilities, and members of the International Longshoremen's Association.
(3) This section does not apply to those making deliveries to or from State Ports Authority facilities.
(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 State Ports Authority, to other employers, SLED, and the FBI, and the State Ports Authority facility shall be subject to both state and federal National Crime Information Center auditing procedures. The costs of the criminal history checks must be paid by the employing entity or by the person being checked.
(C) A person who within the seven years preceding the date of the criminal history check has been convicted of or pleaded guilty or nolo contendere to a violent crime as contained in Section 16-1-60 or an act of terrorism may not work within a State Ports Authority facility. However, if a person remains free from a subsequent conviction for any of these crimes for a period of seven years following completion of his sentence, including incarceration, probation, and parole, he is eligible to work within a State Ports Authority facility."
SECTION 2. This act takes effect upon approval by the Governor.
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