Senate Bill sb1616c1

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    Florida Senate - 2003                           CS for SB 1616

    By the Committee on Home Defense, Public Security, and Ports;
    and Senator Dockery




    318-2233-03

  1                      A bill to be entitled

  2         An act relating to seaport security; amending

  3         s. 311.12, F.S., relating to seaport security

  4         standards; authorizing the Department of Law

  5         Enforcement to exempt an inactive seaport from

  6         certain requirements; revising circumstances

  7         under which employment by or access to a

  8         seaport may be denied; providing additional

  9         offenses that disqualify a person from

10         employment within or regular access to a

11         seaport or restricted access area; prohibiting

12         a seaport from imposing access restrictions

13         that exceed the statewide minimum requirements;

14         creating s. 311.125, F.S.; establishing the

15         Uniform Port Access Credential System, to be

16         administered by the Department of Highway

17         Safety and Motor Vehicles; requiring seaports

18         that are subject to statewide minimum security

19         standards to comply with the system's

20         requirements by a specified date; specifying

21         system requirements; providing requirements for

22         the Uniform Port Access Credential Card;

23         requiring an initial fingerprint-based criminal

24         history check of card applicants; requiring

25         additional criminal history checks; requiring

26         employers to notify a seaport if an employee

27         having access is terminated, resigns, is

28         incapacitated, or dies; providing a procedure

29         for placing a card in an inactive status;

30         providing for reactivation of a card;

31         authorizing revocation of a business entity's

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 1         access to a seaport upon failure to report a

 2         change in the work status of an employee;

 3         providing requirements for access to restricted

 4         areas and nonrestricted areas within a seaport;

 5         providing requirements for a visitor's pass to

 6         be issued by seaports; authorizing seaports to

 7         charge for the cost of conducting criminal

 8         history checks and issuing the Uniform Port

 9         Access Credential Card; providing for seizure

10         of a Uniform Port Access Credential Card by a

11         law enforcement officer under certain

12         circumstances; providing a timeframe for

13         seaports to comply with the requirements of the

14         act; requiring the Department of Law

15         Enforcement to update a seaport security

16         compliance plan; providing an effective date.

17  

18  Be It Enacted by the Legislature of the State of Florida:

19  

20         Section 1.  Section 311.12, Florida Statutes, is

21  amended to read:

22         311.12  Seaport security standards.--

23         (1)(a)  The statewide minimum standards for seaport

24  security for each seaport identified in s. 311.09 shall be

25  those based upon the Florida Seaport Security Assessment 2000

26  and set forth in the "Port Security Standards--Compliance

27  Plan" delivered to the Speaker of the House of Representatives

28  and the President of the Senate on December 11, 2000, pursuant

29  to this section. The statewide minimum standards are hereby

30  adopted. The Office of Drug Control within the Executive

31  Office of the Governor shall maintain a sufficient number of

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    Florida Senate - 2003                           CS for SB 1616
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 1  copies of the standards for use of the public, at its offices,

 2  and shall provide copies to each affected seaport upon

 3  request.

 4         (b)  The Department of Law Enforcement may exempt any

 5  seaport identified in s. 311.09 from all or part of the

 6  requirements of subsections (1) through (5) if the department

 7  determines that the seaport is not active. The department

 8  shall periodically review exempted seaports to determine if

 9  there is maritime activity at the seaport. A change in status

10  from inactive to active may warrant removal of all or part of

11  any exemption provided by the department.

12         (2)  Each seaport identified in s. 311.09 shall

13  maintain a security plan relating to the specific and

14  identifiable needs of the seaport which assures that the

15  seaport is in substantial compliance with the statewide

16  minimum standards established pursuant to subsection (1). Each

17  plan adopted or revised pursuant to this subsection must be

18  reviewed and approved by the Office of Drug Control and the

19  Department of Law Enforcement. All such seaports shall allow

20  unimpeded access by the Department of Law Enforcement to the

21  affected facilities for purposes of inspections or other

22  operations authorized by this section. Each seaport security

23  plan may establish restricted access areas within the seaport

24  consistent with the requirements of the statewide minimum

25  standards. In such cases, a Uniform Port Access Credential

26  Card, authorizing restricted-area access, Restricted Access

27  Area Permit shall be required for any individual working

28  within or authorized to regularly enter a restricted access

29  area and the requirements in subsection (3) relating to

30  criminal history checks and employment restrictions shall be

31  applicable only to employees or other persons working within

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 1  or authorized to regularly enter a restricted access area.

 2  Every seaport security plan shall set forth the conditions and

 3  restrictions to be imposed upon others visiting the port or

 4  any restricted access area sufficient to provide substantial

 5  compliance with the statewide minimum standards.

 6         (3)(a)  A fingerprint-based criminal history check

 7  shall be performed on any applicant for employment, every

 8  current employee, and other persons as designated pursuant to

 9  the seaport security plan for each seaport. The criminal

10  history check shall be performed in connection with employment

11  within or other authorized regular access to a restricted

12  access area or the entire seaport if the seaport security plan

13  does not designate one or more restricted access areas. With

14  respect to employees or others with regular access, such

15  checks shall be performed at least once every 5 years or at

16  other more frequent intervals as provided by the seaport

17  security plan. Each individual subject to the background

18  criminal history check shall file a complete set of

19  fingerprints taken in a manner required by the Department of

20  Law Enforcement and the seaport security plan. Fingerprints

21  shall be submitted to the Department of Law Enforcement for

22  state processing and to the Federal Bureau of Investigation

23  for federal processing. The results of each fingerprint-based

24  check shall be reported to the requesting seaport. The costs

25  of the checks, consistent with s. 943.053(3), shall be paid by

26  the seaport or other employing entity or by the person

27  checked.

28         (b)  By January 1, 2002, each seaport security plan

29  shall identify criminal convictions or other criminal history

30  factors consistent with paragraph (c) which shall disqualify a

31  person from either initial seaport employment or new

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    Florida Senate - 2003                           CS for SB 1616
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 1  authorization for regular access to seaport property or to a

 2  restricted access area. Such factors shall be used to

 3  disqualify all applicants for employment or others seeking

 4  regular access to the seaport or restricted access area on or

 5  after January 1, 2002, and may be used to disqualify all those

 6  employed or authorized for regular access on that date. Each

 7  seaport security plan may establish a procedure to appeal a

 8  denial of employment or access based upon procedural

 9  inaccuracies or discrepancies regarding criminal history

10  factors established pursuant to this paragraph. The Department

11  of Law Enforcement may authorize The appeal procedure may

12  allow the granting of waivers or conditional employment or

13  access. In addition, a seaport may allow waivers on a

14  temporary basis to meet special or emergency needs of the

15  seaport or its users. Policies, procedures, and criteria for

16  implementation of this subsection shall be included in the

17  seaport security plan.

18         (c)  In addition to other requirements for employment

19  or access established by each seaport pursuant to its seaport

20  security plan, each seaport security plan shall provide that:

21         1.  Any person who has within the past 5 years been

22  convicted, regardless of whether adjudication was withheld,

23  for a forcible felony as defined in s. 776.08; an act of

24  terrorism as defined in s. 775.30; planting of a hoax bomb as

25  provided in s. 790.165; any violation involving the

26  manufacture, possession, sale, delivery, display, use, or

27  attempted or threatened use of a weapon of mass destruction or

28  hoax weapon of mass destruction as provided in s. 790.166;

29  dealing in stolen property; any violation of s. 893.135; any

30  violation involving the sale, manufacturing, delivery, or

31  possession with intent to sell, manufacture, or deliver a

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 1  controlled substance; burglary; robbery; any violation of s.

 2  790.07; any crime an element of which includes use or

 3  possession of a firearm; any conviction for any similar

 4  offenses under the laws of another jurisdiction; or conviction

 5  for conspiracy to commit any of the listed offenses shall not

 6  be qualified for initial employment within or regular access

 7  to a seaport or restricted access area; and

 8         2.  Any person who has at any time been convicted for

 9  any of the listed offenses shall not be qualified for initial

10  employment within or authorized regular access to a seaport or

11  restricted access area unless, after release from

12  incarceration and any supervision imposed as a sentence, the

13  person remained free from a subsequent conviction, regardless

14  of whether adjudication was withheld, for any of the listed

15  offenses for a period of at least 5 years prior to the

16  employment or access date under consideration.

17         (d)  By October 1 of each year, each seaport shall

18  report to the Department of Law Enforcement each determination

19  of denial of employment or access, and any determination to

20  authorize employment or access after an appeal of a denial

21  made during the previous 12 months. The report shall include

22  the identity of the individual affected, the factors

23  supporting the determination, any special condition imposed,

24  and any other material factors used in making the

25  determination.

26         (4)(a)  Subject to the provisions of subsection (6),

27  each affected seaport shall begin to implement its security

28  plan developed under this section by July 1, 2001.

29         (b)  The Office of Drug Control and the Department of

30  Law Enforcement may modify or waive any physical facility or

31  other requirement contained in the statewide minimum standards

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    Florida Senate - 2003                           CS for SB 1616
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 1  for seaport security upon a finding or other determination

 2  that the purposes of the standards have been reasonably met or

 3  exceeded by the seaport requesting the modification or waiver.

 4  Such modifications or waivers shall be noted in the annual

 5  report submitted by the Department of Law Enforcement pursuant

 6  to this subsection.

 7         (c)  Beginning with the 2001-2002 fiscal year, the

 8  Department of Law Enforcement, or any entity designated by the

 9  department, shall conduct no less than one annual unannounced

10  inspection of each seaport listed in s. 311.09 to determine

11  whether the seaport is meeting the minimum standards

12  established pursuant to this section, and to identify seaport

13  security changes or improvements necessary or otherwise

14  recommended. The Department of Law Enforcement, or any entity

15  designated by the department, may conduct additional announced

16  or unannounced inspections or operations within or affecting

17  any affected seaport to test compliance with, or the

18  effectiveness of, security plans and operations at each

19  seaport, to determine compliance with physical facility

20  requirements and standards, or to assist the department in

21  identifying changes or improvements necessary to bring a

22  seaport into compliance with the statewide minimum security

23  standards.

24         (d)  By December 31, 2001, and annually thereafter, the

25  Department of Law Enforcement, in consultation with the Office

26  of Drug Control, shall complete a report indicating the

27  observations and findings of all inspections or operations

28  conducted during the year and any recommendations developed by

29  reason of such inspections. A copy of the report shall be

30  provided to the Governor, the President of the Senate, the

31  Speaker of the House of Representatives, and the chief

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 1  administrator of each seaport inspected. The report shall

 2  include responses from the chief administrator of any seaport

 3  indicating what actions, if any, have been taken or are

 4  planned to be taken in response to the recommendations,

 5  observations, and findings reported by the department.

 6         (e)  In making security project or other funding

 7  decisions applicable to each seaport listed in s. 311.09, the

 8  Legislature may consider as authoritative the annual report of

 9  the Department of Law Enforcement required by this section,

10  especially regarding each seaport's degree of substantial

11  compliance with the statewide minimum security standards

12  established by this section.

13         (5)  Nothing in this section shall be construed as

14  preventing any seaport from implementing security measures

15  that are more stringent, greater than, or supplemental to the

16  statewide minimum standards established by this section except

17  that, for purposes of employment and access, each seaport

18  shall adhere to the requirements provided in paragraph (c) and

19  shall not exceed statewide minimum requirements.

20         (6)  When funds are appropriated for seaport security,

21  the Office of Drug Control and the Florida Seaport

22  Transportation and Economic Development Council shall mutually

23  determine the allocation of such funds for security project

24  needs identified in the approved seaport security plans

25  required by this section. Any seaport that receives state

26  funds for security projects must enter into a joint

27  participation agreement with the appropriate state entity and

28  must use the seaport security plan developed pursuant to this

29  section as the basis for the agreement. If funds are made

30  available over more than one fiscal year, such agreement must

31  reflect the entire scope of the project approved in the

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 1  security plan and, as practicable, allow for reimbursement for

 2  authorized projects over more than 1 year. The joint

 3  participation agreement may include specific timeframes for

 4  completion of a security project and the applicable funding

 5  reimbursement dates. The joint participation agreement may

 6  also require a contractual penalty, not to exceed $1,000 per

 7  day, to be imposed for failure to meet project completion

 8  dates provided state funding is available. Any such penalty

 9  shall be deposited into the State Transportation Trust Fund to

10  be used for seaport security operations and capital

11  improvements.

12         Section 2.  Section 311.125, Florida Statutes, is

13  created to read:

14         311.125  Uniform Port Access Credential System.--

15         (1)  By July 1, 2004, each seaport identified in s.

16  311.09 and subject to the statewide minimum seaport security

17  standards set forth in s. 311.12 shall be required to use a

18  Uniform Port Access Credential Card that is accepted at all

19  identified seaports. Each seaport shall be responsible for the

20  proper operation and maintenance of the system at its location

21  to control access security within the boundaries of that

22  seaport. The Uniform Port Access Credentialing System shall be

23  administered by the Department of Highway Safety and Motor

24  Vehicles. All Uniform Port Access Credential Cards for the

25  identified seaports shall be issued by the department to the

26  designated port authority, or recognized governing board, of

27  the requesting seaport for distribution to the credential

28  applicant. The Uniform Port Access Credentialing System shall

29  ensure that only authorized workers or those personnel whose

30  duties require unescorted access to restricted, secure

31  transportation areas are permitted entry into such areas.

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 1         (2)  The department, in consultation with the

 2  Department of Law Enforcement and the United States

 3  Transportation Security Administration, shall develop a

 4  uniform system for credentialing all persons working on a

 5  seaport, as defined in s. 311.12(2) and set forth in the "Port

 6  Security Standards Compliance Plan" delivered to the Speaker

 7  of the House of Representatives and the President of the

 8  Senate on December 11, 2000, pursuant to s. 311.12.  The

 9  system shall be designed to conform, as closely as possible,

10  with criteria established by the United States Transportation

11  Security Administration for a Transportation Worker

12  Identification Card, or similar identification, as required by

13  federal law. The system shall, at a minimum, consist of:

14         (a)  A centralized, secure database for collecting and

15  maintaining fingerprints and other biometric means of

16  identity, and other information pertaining to personal

17  identification of persons working on, or doing business at, a

18  Florida seaport as set forth in s. 311.12;

19         (b)  A methodology for receiving data from each port

20  and transmitting data to each port regarding access

21  permissions;

22         (c)  Technology required for each gate and portal at

23  each seaport to be interactive with the access permission

24  system during all hours of operation;

25         (d)  The ability to identify persons who have violated

26  the access requirements of s. 311.12 and to deactivate the

27  access permissions of those persons; and

28         (e)  A unique and uniform port access credential card.

29  

30  

31  

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 1  Such system shall be designed to ensure the seaport workers'

 2  privacy to the maximum extent possible consistent with

 3  security requirements.

 4         (3)  The Uniform Port Access Credential Card must

 5  include at a minimum a digital full-face photograph, a digital

 6  fingerprint, a multilayered security process, a

 7  two-dimensional barcode with technology specifications that

 8  will allow the unique biometric identifiers to reside in the

 9  barcode, a unique identifying code or number, scanning

10  capability to compare required identifiers with information on

11  file in the central database, and background color

12  differentials for visual identification of access permissions.

13         (4)  A fingerprint-based criminal history check shall

14  be performed on an applicant for a Uniform Port Access

15  Credential Card as provided in s. 311.12(3). Based upon review

16  of the criminal history check, each seaport may determine the

17  specific access permissions that will be granted to that

18  applicant. Upon receipt of a port authority "Notification of

19  Access Permission" form and a copy of the criminal history

20  check, the department shall issue a Uniform Port Access

21  Credential Card to the port authority for distribution to the

22  applicant.  Upon issuance of the Uniform Port Access

23  Credential Card, the cardholder is eligible to enter any

24  seaport in the system, based on the level of permission

25  allowed.

26         (5)  A Uniform Port Access Credential Card is valid for

27  4 years following the date of issuance.  Criminal history

28  checks may be performed on a random basis, but at least once a

29  year, during the period that such credential card is active to

30  ensure that the credential holder complies with the

31  requirements for access to restricted areas provided in s.

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 1  311.12(3).  Failure to complete any part of the required

 2  credential application process, or failure to comply with the

 3  criminal history clearances, shall be grounds for immediate

 4  denial of access. Access authority may be restricted or

 5  revoked by the Department of Highway Safety and Motor Vehicles

 6  or the Department of Law Enforcement if the cardholder is

 7  suspected of criminal violations that could affect the

 8  security of a port or that otherwise render the cardholder

 9  ineligible for port access, upon suspicion that the person in

10  possession of the card is using it, or attempting to use it,

11  fraudulently, or if restriction or revocation is done to

12  assure the security of any port or portion thereof.

13         (6)  Corporations, persons, or other business entities

14  that employ persons to work on, or do business at, seaports

15  regulated in s. 311.12 shall notify those seaports for which

16  those employees have access permissions in the event of the

17  employee's termination, resignation, work-related

18  incapacitation, or death. Uniform Port Access Credential Card

19  accesses for persons not currently employed to perform a job

20  on a seaport shall be placed in an inactive status. Upon

21  notification of a work status change, the port authority, or

22  recognized governing board, shall notify the department to

23  have the credential card placed in an inactive status.

24  Inactive status shall continue until the expiration of the

25  credential card or reactivation of the card by petition. The

26  former employee may have the credential card reactivated by

27  petitioning a seaport. The port authority, or recognized

28  governing board, of any seaport may determine that the

29  individual is employed by another appropriate entity or is

30  self-employed for purposes of performing work on the seaport.

31  Upon that determination, the port authority, or recognized

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 1  governing board, may request reactivation of credentialing

 2  permissions. All such cards may be restricted or revoked as

 3  provided in subsection (5).

 4         (7)  Failure to report a change in work status, as

 5  defined in this section, within 7 days after the action may

 6  result in revocation of the business entity's access to the

 7  seaport.

 8         (8)  A Uniform Port Access Credential Card shall

 9  provide access to all seaports identified in s. 311.09, as

10  regulated in s. 311.12. Each person working on a seaport, as

11  regulated in s. 311.12(2), shall be issued a Uniform Port

12  Access Credential Card upon completion of the application

13  process. A person working in a restricted access area must

14  meet the requirements of s. 311.12(3). The Uniform Port Access

15  Credential Card shall be clearly marked for visual

16  verification of the cardholder's permission for access to a

17  restricted area, pursuant to the "Port Security Standards -

18  Compliance Plan," referenced in s. 311.12(1). The card must

19  contain biometric verification of the cardholder's identity

20  and proper access permissions.  Entrance to a restricted

21  access area, as defined in s. 311.12(2), shall require a

22  machine check and fingerprint verification of each person's

23  Uniform Port Access Credential Card for proper identification.

24  Seaports that have restricted access areas adjacent to

25  nonrestricted areas within the seaport must provide a

26  secondary machine check and fingerprint verification of each

27  person's credentials upon arrival at a gated entrance to all

28  restricted access areas within the seaport. Exit from any

29  gated area of a seaport shall require a machine check of the

30  credential card.

31  

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 1         (9)  Each person arriving at a restricted area of a

 2  seaport must, at a minimum, stop at a check point, show valid

 3  identification, and receive a visitor's pass in order to

 4  proceed. The visitor's pass must be plainly displayed on the

 5  person of the visitor or in the windshield of the vehicle and

 6  designate what area of the seaport may be accessed by the

 7  visitor.  Public conveyances carrying multiple passengers onto

 8  seaport property, such as buses, must be able to verify that

 9  all passengers have legitimate business on the seaport.

10  Failure to display the visitor's pass shall result in

11  revocation of a worker's permission to work on the seaport.

12  Procedures for implementation of this process is the

13  responsibility of each seaport.

14         (10)  The price of a Uniform Port Access Credential

15  Card shall be set by the department and shall reflect the cost

16  of the required criminal history checks, including the cost of

17  the initial state and federal fingerprint check and the annual

18  criminal history check and the cost of production and issuance

19  of the card by the department.  Seaports may charge an

20  additional administrative fee, not to exceed $25, to cover the

21  costs of issuing credentials to its employees and persons

22  doing business at the seaport.

23         (11)  Each Uniform Port Access Credential Card remains

24  the property of the State of Florida. Any person possessing

25  such a card shall provide it to any law enforcement officer

26  upon request. A law enforcement officer having reasonable

27  suspicion to believe that a card is possessed or is being used

28  in violation of law or the standards provided by this section,

29  or in any other manner that raises a concern about the safety

30  and security of a seaport, may seize the card. A cardholder

31  

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 1  has no cause of action against any law enforcement officer who

 2  seizes a Uniform Port Access Credential Card.

 3         (12)  Each seaport defined in s. 311.09 and required to

 4  meet the minimum security standards set forth in s. 311.12

 5  shall comply with technology improvement requirements for the

 6  activation of the Uniform Port Access Credential System no

 7  later than July 1, 2004.  Equipment and technology

 8  requirements shall be specified by the department no later

 9  than July 1, 2003.  The system shall be implemented at the

10  earliest possible time that all seaports have active

11  technology in place, but no later than July 1, 2004.

12         (13)  The "Port Security Standards Compliance Plan"

13  delivered to the Speaker of the House of Representatives and

14  the President of the Senate on December 11, 2000, pursuant to

15  s. 311.12, shall be updated by the Department of Law

16  Enforcement to reflect the changes made by this act.

17         Section 3.  This act shall take effect upon becoming a

18  law.

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 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                         Senate Bill 1616

 3                                 

 4  Authorizes the Department of Law Enforcement to exempt
    inactive seaports from the statewide minimum seaport security
 5  standards.

 6  Provides for seaports to establish procedures to appeal a
    denial of employment or access based on procedural
 7  inaccuracies or discrepancies regarding criminal history
    factors and removes provisions that allow the granting of
 8  waivers or conditional employment or access.

 9  Provides additional offenses that prohibit an individual from
    gaining initial employment on a seaport or being granted
10  access to restricted areas within a seaport.

11  Requires seaports to adhere to statutory offense criteria and
    other security provisions for the purposes of employment and
12  access on a seaport and prohibits seaports from exceeding
    statewide minimum standards.
13  
    Provides for the implementation of a Uniform Port Access
14  Credential System to ensure that only authorized individuals
    are permitted access to restricted or secure areas of a
15  seaport.

16  Requires the Department of Highway Safety, in consultation
    with other agencies, to develop the credential system and to
17  design the system to conform with criteria established for a
    federal transportation worker identification card.
18  
    Requires criminal history checks be performed on credential
19  card applicants and provides a process for granting access
    permissions to credential holders.
20  
    Provides an expiration period for the credential card and
21  provides for the restriction or revocation of credential
    cards.
22  
    Requires employing entities to report any change in an
23  employee's working status to the seaport and provides for such
    employee's credential card accesses to be placed in an
24  inactive status.

25  Provides requirements for gaining access to restricted areas
    to include a machine check and fingerprint verification of a
26  credential card.

27  Requires persons arriving at a restricted area of a seaport to
    stop and show valid identification and receive a visitor's
28  pass before proceeding.

29  Provides for the price of a Uniform Port Access Credential
    Card to be set by the Department of Highway Safety to include
30  costs for criminal history checks and production and
    authorizes seaports to charge administrative fees for card
31  issuance.

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 1  Provides for the seizures of a credential card by a law
    enforcement officer under certain circumstances.
 2  
    Provides for implementation of the credential system no later
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CODING: Words stricken are deletions; words underlined are additions.