There is created a Maritime Security Commission composed of nine 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 a chief of police or equivalent, ex-officio;

(3) one member shall be a fire chief or equivalent, ex-officio;

(4) one member shall be a representative of the South Carolina Department of Natural Resources Law Enforcement Division, ex-officio;

(5) one member shall represent the commercial maritime community;

(6) 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;

(7) one member shall be a retired United States Navy or Navy Reserve officer, grade 0-6 or higher;

(8) one member shall be a retired United States Marines Corps or Marine Corps Reserve officer, grade 0-6 or higher; and

(9) one member shall be a retired United States Coast Guard or Coast Guard Reserve officer, grade 0-6 or higher.

The five 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 and Navy Reserve, Marine Corps and Marine Corps Reserve, 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 member and the commercial maritime community member shall serve initial terms of two years, the Navy and Marine Corps members shall serve initial terms of four years, and the Coast Guard member who supervised federal port security duties as Captain of the Port 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 adopted by the commission. Each member shall have the appropriate background as to authorize access to sensitive law enforcement and port security information.

HISTORY: 2003 Act No. 90, Section 2, eff July 31, 2003.