BIL:4416
RTN:428
ACN:339
TYP:General Bill GB
INB:House
IND:20020108
PSP:Wilkins
SPO:Wilkins, Harrison, W.D.Smith, J. Brown, Leach, Bingham, Keegan, Whatley, Carnell, Vaughn, Lucas, Lourie, Limehouse, J.R. Smith, Wilder, Webb, Kirsh, Allison, A. Young, Sandifer, Walker, Talley, Littlejohn, Coates, Altman, Witherspoon, Campsen, Taylor, Law, Snow, Rice, Simrill, Freeman, Neilson, Clyburn, Gilham, Robinson, Hinson, Meacham-Richardson, Tripp, Cotty, Rodgers, Loftis, Frye, Koon, Delleney, Haskins, Hamilton, Cato, Easterday, Barfield, Scarborough, Chellis, Thompson, Edge, Merrill, Fleming, Stuart, Cooper, Dantzler, D.C. Smith, Sinclair, J. Young, Owens, White, Martin, Trotter, Harrell, Quinn, Huggins, Miller, Battle, Harvin, Barrett, Emory, Knotts, Riser, Bales
DDN:l:\council\bills\gjk\20817sd02.doc
DPB:20020529
LAD:20020522
GOV:S
DGA:20020702
SUB:Homeland Security Act
HST:
BodyDateAction DescriptionComLeg Involved
______
------20020724Act No. A339
------20020702Signed by Governor
------20020604Ratified R428
House20020529Concurred in Senate amendment,
enrolled for ratification
------20020529Scrivener's error corrected
Senate20020522Amended, read third time,
returned to House with amendment
Senate20020521Read second time, notice of
general amendments
Senate20020515Debate adjourned until
Tuesday, 20020521
Senate20020515Committee report: Favorable with11 SJ
amendment
Senate20020501Recommitted to Committee,11 SJ
retaining its place on the Calendar
Senate20020501Recalled from Committee11 SJ
Senate20020228Introduced, read first time,11 SJ
referred to Committee
House20020228Read third time, sent to Senate
House20020227Amended, read second time
House20020227Request for debate by RepresentativeHoward
Rutherford
J.E. Smith
Cobb-
Hunter
Weeks
R. Brown
Mack
Breeland
McGee
Walker
Delleney
Clyburn
Easterday
Harrison
Campsen
House20020227Amended
House20020227Co-Sponsor added (Rule 5.2) by Rep.Riser
Bales
House20020221Committee report: Favorable25 HJ
House20020220Co-Sponsor added (Rule 5.2) by Rep.Knotts
House20020131Co-Sponsor added (Rule 5.2) by Rep.Emory
House20020117Co-Sponsor added (Rule 5.2) by Rep.Barrett
House20020109Co-Sponsor added (Rule 5.2) by Rep.Huggins
Miller
Battle
Harvin
House20020108Co-Sponsor added (Rule 5.2) by Rep.Tripp
Cotty
Rodgers
Loftis
Frye
Koon
Delleney
Haskins
Hamilton
Cato
Easterday
Barfield
Scarborough
Chellis
Thompson
Edge
Merrill
Fleming
Stuart
Cooper
Dantzler
D.C.Smith
Sinclair
J.Young
Owens
White
Martin
Trotter
Harrell
Quinn
House20020108Introduced, read first time,25 HJ
referred to Committee
House20020107Co-Sponsor added (Rule 5.2) by Rep.Meacham-
Richardson
Robinson
Hinson
House20011219Prefiled, referred to Committee25 HJ
Versions of This Bill
Revised on 20020221
Revised on 20020227
Revised on 20020515
Revised on 20020522
Revised on 20020529
TXT:
(A339, R428, H4416)
AN ACT TO ENACT THE “SOUTH CAROLINA HOMELAND SECURITY ACT” INCLUDING PROVISIONS TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY AMENDING SECTION 13420, RELATING TO PROCLAMATION OF EMERGENCY BY THE GOVERNOR, SO AS TO INCLUDE A PUBLIC HEALTH EMERGENCY; TO AMEND CHAPTER 11, TITLE 1, RELATING TO THE STATE BUDGET AND CONTROL BOARD, BY ADDING SECTION 111435 SO AS TO PROVIDE FOR PROTECTION OF THE STATE’S CRITICAL INFORMATION AND BY ADDING SECTION 111770 SO AS TO PROVIDE FOR THE SOUTH CAROLINA 211 NETWORK TO COORDINATE INFORMATION AND REFERRALS FOR HEALTH AND HUMAN SERVICES STATEWIDE; TO AMEND ARTICLE 1, CHAPTER 11, TITLE 6, RELATING TO SPECIAL PURPOSE DISTRICTS, BY ADDING SECTION 611340 SO AS TO PROVIDE FOR PROTECTION AND POLICING OF FACILITIES OWNED BY SPECIAL PURPOSE DISTRICTS; TO AMEND SECTION 1471630, AS AMENDED, RELATING TO JURISDICTION OF THE STATE GRAND JURY, SO AS TO PROVIDE FOR JURISDICTION OVER COMPUTER CRIMES AND TERRORISM AND TO DEFINE “TERRORISM”; TO AMEND SECTION 16710, RELATING TO ILLEGAL ACTS DURING A STATE OF EMERGENCY, SO AS TO INCLUDE THE MISLEADING USE OF THE EMERGENCY TO RAISE CONTRIBUTIONS OF MONEY OR SERVICES; TO AMEND SECTION 161610, AS AMENDED, RELATING TO DEFINITIONS FOR COMPUTER CRIME OFFENSES, SO AS TO FURTHER DEFINE “COMPUTER”, “COMPUTER HACKING”, AND “COMPUTER CONTAMINANT”; TO AMEND SECTION 161620, AS AMENDED, RELATING TO PENALTIES FOR COMPUTER CRIME OFFENSES, SO AS TO REDUCE THE FIRST DEGREE PENALTY TO FIFTY THOUSAND DOLLARS OR FIVE YEARS, OR BOTH, TO REQUIRE THE VICTIM’S LOSS TO EXCEED TEN THOUSAND DOLLARS INSTEAD OF FIVE THOUSAND, AND TO PROVIDE FOR SEPARATE OFFENSES; TO AMEND SECTION 161625, RELATING TO CIVIL REMEDIES FOR COMPUTER CRIME OFFENSES, SO AS TO PROVIDE FOR ATTORNEY’S FEES; TO AMEND SECTION 161630, AS AMENDED, RELATING TO VENUE FOR COMPUTER CRIME OFFENSES, SO AS TO MAKE TECHNICAL CHANGES; TO AMEND ARTICLE 7, CHAPTER 23, TITLE 16, RELATING TO BOMBS, DESTRUCTIVE DEVICES, AND WEAPONS OF MASS DESTRUCTION, SO AS TO, AMONG OTHER THINGS, DEFINE “TERRORISM”, TO FURTHER DEFINE “WEAPON OF MASS DESTRUCTION”, TO MAKE IT A FELONY TO USE A WEAPON OF MASS DESTRUCTION IN AN ACT OF TERRORISM AND TO PROVIDE PENALTIES, INCLUDING DEATH, TO MAKE IT A FELONY TO THREATEN THE USE OF A DESTRUCTIVE DEVICE OR TO HARBOR A PERSON WHO USES OR THREATENS THE USE OF A DESTRUCTIVE DEVICE AND TO PROVIDE PENALTIES, AND TO REQUIRE REPORTING BY LOCAL LAW ENFORCEMENT TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION (SLED) OF WEAPONS OF MASS DESTRUCTION; TO AMEND TITLE 17, RELATING TO CRIMINAL PROCEDURES, BY ADDING CHAPTER 30 SO AS TO PROVIDE, AMONG OTHER THINGS, THE PROTOCOL FOR INTERCEPTION OF WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS, TO SPECIFY UNLAWFUL ACTS OF COMMUNICATION INTERCEPTION, TO REQUIRE A COURT ORDER INITIATED BY SLED OR A CERTIFICATION TO OBTAIN INFORMATION, FACILITIES, OR TECHNICAL ASSISTANCE TO INTERCEPT COMMUNICATIONS AND TO SPECIFY REQUIREMENTS FOR OBTAINING THE ORDER, TO MAKE IT UNLAWFUL TO POSSESS OR TO SELL A COMMUNICATION INTERCEPTING DEVICE, TO PROVIDE THAT INTERCEPTED COMMUNICATIONS MAY NOT BE USED AS EVIDENCE UNLESS OBTAINED AS AUTHORIZED OR OTHERWISE DISCLOSED, TO PROVIDE THAT A VIOLATION OF THE PROVISIONS IS A FELONY AND TO PROVIDE PENALTIES, AND TO PROVIDE FOR CIVIL REMEDIES FOR A PERSON HARMED BY A VIOLATION OF THE PROVISIONS, TO AMEND SECTION 251420, AS AMENDED, RELATING TO THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION, SO AS TO ESTABLISH THE URBAN SEARCH AND RECOVERY TEAM; TO AMEND SECTION 251440, RELATING TO POWERS OF THE GOVERNOR IN AN EMERGENCY, SO AS TO PROVIDE FOR THE PUBLIC HEALTH EMERGENCY PLAN COMMITTEE TO ADVISE HIM ON THE DECLARATION OF A PUBLIC HEALTH EMERGENCY; TO AMEND SECTION 30420, RELATING TO DEFINITIONS FOR PURPOSES OF THE FREEDOM OF INFORMATION ACT (FOI), SO AS TO PROVIDE THAT INFORMATION REGARDING THE SECURITY PLAN OF A PUBLIC BODY IS NOT OPEN TO THE PUBLIC; TO AMEND SECTION 30440, RELATING TO MATTERS EXEMPT FROM FOI DISCLOSURE, SO AS TO INCLUDE INTERCEPTED WIRE, ELECTRONIC, OR ORAL COMMUNICATIONS NOT DISCLOSED IN TRIAL AND STRUCTURAL BRIDGE PLANS; TO AMEND SECTION 3356120, AS AMENDED, RELATING TO MISREPRESENTATIONS PROHIBITED IN CHARITABLE SOLICITATIONS, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO MAKE A MISREPRESENTATION IN CONNECTION WITH AN EMERGENCY SO AS TO SOLICIT CONTRIBUTIONS; TO AMEND ARTICLE 1, CHAPTER 5, TITLE 39, RELATING TO THE SOUTH CAROLINA UNFAIR TRADE PRACTICES ACT, BY ADDING SECTION 395145 SO AS TO PROHIBIT THE RENTAL AND SALE OF ESSENTIAL COMMODITIES AND RENTAL AND LEASE OF DWELLING UNITS, INCLUDING MOTEL OR HOTEL UNITS OR OTHER TEMPORARY LODGING, OR SELFSTORAGE FACILITIES AT AN UNCONSCIONABLE PRICE DURING AND WITHIN THE AREA OF A DECLARED STATE OF EMERGENCY OR DISASTER, TO DEFINE “COMMODITY” AND “UNCONSCIONABLE PRICE”, TO ESTABLISH EVIDENTIARY STANDARDS FOR ACTIONS BROUGHT PURSUANT TO THESE PROVISIONS OR LOCAL ORDINANCES, AND TO PROVIDE FOR A CRIMINAL PENALTY OF A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 395147 SO AS TO PROHIBIT THE USE OF A MISLEADING PRACTICE OR DEVICE FOR THE SOLICITATION OF CONTRIBUTIONS OR THE SALE OF GOODS OR SERVICES FOR CHARITABLE PURPOSES IN CONNECTION WITH A DECLARED STATE OF EMERGENCY OR DISASTER, TO PROVIDE FOR A CRIMINAL PENALTY OF A FINE OF NOT MORE THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT MORE THAN THIRTY DAYS FOR A WILFUL VIOLATION OF THESE PROVISIONS; BY ADDING SECTION 395149 SO AS TO PROVIDE FOR REGISTRATION OF AN AGENT FOR NOTIFICATION OF DECLARATION OR TERMINATION OF STATE OF EMERGENCY; TO AMEND SECTION 44180, RELATING TO THE DUTIES OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL (DHEC) AS TO COMMUNICABLE OR EPIDEMIC DISEASES, SO AS TO PROVIDE FOR REPORTS AND NOTICE OF A PUBLIC HEALTH EMERGENCY; TO AMEND SECTION 441100, RELATING TO ASSISTANCE FROM LOCAL HEALTH OFFICERS, SO AS TO PROVIDE SPECIFICALLY FOR ENFORCEMENT ASSISTANCE IN A PUBLIC HEALTH EMERGENCY; TO AMEND TITLE 44, RELATING TO HEALTH, BY ADDING CHAPTER 4 SO AS TO ENACT THE “EMERGENCY HEALTH POWERS ACT” TO PROVIDE FOR DETECTION, PROTECTION, AND MANAGEMENT IN A PUBLIC HEALTH EMERGENCY, TO PROVIDE DEFINITIONS, TO PROVIDE SPECIAL EMERGENCY POWERS FOR DHEC AND THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, AND TO PROTECT INDIVIDUAL PERSONAL AND PROPERTY RIGHTS; TO AMEND SECTION 442910, RELATING TO REPORTS TO DHEC, SO AS TO REQUIRE REPORTS FROM HEALTH PROVIDERS, CORONERS, MEDICAL EXAMINERS, PHARMACISTS, AND ANY PERSON WITH A PERTINENT DATABASE AND TO SPECIFY THE CONDITIONS GIVING RISE TO A PUBLIC HEALTH EMERGENCY INCLUDING DISEASE, INFECTION, AND TERRORISM; TO AMEND SECTION 449340, RELATING TO DHEC POWERS IN CONNECTION WITH INFECTIOUS WASTE, SO AS TO PROVIDE FOR EXTRAORDINARY POWERS OF DISPOSAL DURING A PUBLIC HEALTH EMERGENCY; TO AMEND CHAPTER 7, TITLE 46, RELATING TO CLEMSON UNIVERSITY, BY ADDING SECTION 467100 SO AS TO REQUIRE REPORTING OF ANIMAL DISEASE, INFECTION, AND TERRORISM BY A PERSON HAVING THE CARE OF ANIMALS; TO AMEND CHAPTER 9, TITLE 46, RELATING TO THE STATE CROP PEST COMMISSION, BY ADDING SECTION 469120 SO AS TO REQUIRE REPORTING OF CROP DISEASE, PEST, AND TERRORISM BY A PERSON RESPONSIBLE FOR CROP PRODUCTION OR PROCESSING; TO AMEND SECTION 30440, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FOI ACT, SO AS TO INCLUDE INFORMATION REGARDING PROTECTIONS OF SAFEGUARDS AND OFFSITE CONSEQUENCE ANALYSIS; TO AMEND CHAPTER 4, TITLE 30, RELATING TO THE FOI ACT, BY ADDING SECTION 30-4-45, SO AS TO PROVIDE FOR REGULATION BY APPROPRIATE AGENCY DIRECTORS OF ACCESS TO INFORMATION REGARDING PROTECTIONS OF SAFEGUARDS AND OFFSITE CONSEQUENCE ANALYSIS SUBJECT TO FEDERAL LAW; TO AMEND SECTION 401830, RELATING TO POWERS AND DUTIES OF SLED AS TO SECURITY BUSINESSES, SO AS TO PROVIDE THAT SLED FORWARD AN APPLICANT’S FINGERPRINT CARD TO THE FEDERAL BUREAU OF INVESTIGATION FOR A NATIONWIDE CRIMINAL CHECK; TO AMEND SECTION 401815, RELATING TO A SECURITY BUSINESS LICENSE, SO AS TO DELETE A PRIVATE RIGHT OF ACTION AGAINST THE LICENSEE’S SURETY BOND; TO AMEND SECTION 401870, RELATING TO A PRIVATE INVESTIGATION LICENSE, SO AS TO DELETE A PRIVATE CAUSE OF ACTION AGAINST THE LICENSEE’S SURETY BOND, TO PROVIDE FOR A LICENSEE WHO HAS MAINTAINED HIS LICENSE CONTINUALLY SINCE ITS INITIAL AWARD, AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 4018100, RELATING TO A SECURITY WEAPONS PERMIT, SO AS TO REQUIRE THE SUBMISSION OF A FINGERPRINT CARD BY THE APPLICANT FOR A NATIONAL CRIMINAL RECORDS CHECK; TO AMEND SECTION 421130, RELATING TO THE DEFINITION OF “EMPLOYEE” FOR PURPOSES OF WORKERS’ COMPENSATION, SO AS TO INCLUDE A VOLUNTEER STATE CONSTABLE AS A STATE EMPLOYEE; TO AMEND SECTION 42765, RELATING TO THE AVERAGE WEEKLY WAGE FOR PURPOSES OF WORKERS’ COMPENSATION, SO AS TO PROVIDE FOR APPROVED VOLUNTEER STATE CONSTABLES; TO AMEND SECTION 16810, AS AMENDED, RELATING TO TEACHING THE USE OF OR THE CONSTRUCTION OF A DESTRUCTIVE DEVICE, SO AS TO CONFORM THE DEFINITION TO INCLUDE A WEAPON OF MASS DESTRUCTION; TO AMEND SECTION 5655015, AS AMENDED, RELATING TO THE REGULATION OF SUNSCREEN DEVICES ON A MOTOR VEHICLE, SO AS TO CREATE AN EXCEPTION FOR A LAW ENFORCEMENT VEHICLE REGULARLY USED TO TRANSPORT A TRAINED DOG; TO AMEND CHAPTER 1, TITLE 23, RELATING TO LAW ENFORCEMENT AND PUBLIC SAFETY, BY ADDING SECTION 231230 SO AS TO CREATE THE FIRST RESPONDERS ADVISORY COMMITTEE TO STUDY AND REPORT ON THE NEEDS OF FIRST RESPONDERS TO EMERGENCIES; AND TO REPEAL SECTION 561150 RELATING TO EXEMPTIONS FROM THE REQUIREMENT OF A PHOTOGRAPH ON A DRIVER’S LICENSE.
Be it enacted by the General Assembly of the State of South Carolina:
South Carolina Homeland Security Act
SECTION1. This act may be cited as the “South Carolina Homeland Security Act”.
Legislative findings
SECTION2. The General Assembly finds that:
(1)because of the tragic events of September 11, 2001, involving acts of terrorism against the people of the United States and because of continued threats against the peace and safety of our nation, appropriate measures must be taken to ensure the safety of the citizens of South Carolina;
(2)legislative enhancements must be enacted to provide law enforcement, public health officials, and other emergency workers with the proper means and tools to enable them to protect and defend South Carolina and her citizens while preserving individual constitutional rights and liberties and also to maintain order, preserve the peace, preserve health, and reduce injuries and casualties in the event that terrorist acts occur on South Carolina soil.
Proclamation of emergency by the Governor
SECTION3. Section 13420 of the 1976 Code is amended to read:
“Section 13420.The Governor, when in his opinion the facts warrant, shall, by proclamation, declare that, because of unlawful assemblage, violence or threats of violence, or a public health emergency, as defined in Section 444130, a danger exists to the person or property of any citizen and that the peace and tranquility of the State, or any political subdivision thereof, or any particular area of the State designated by him, is threatened, and because thereof an emergency, with reference to such threats and danger, exists.
The Governor, upon the issuance of a proclamation as provided for in this section, must immediately file the proclamation in the Office of the Secretary of State, which proclamation is effective upon issuance and remain in full force and effect until revoked by the Governor.”
Protection of critical information
SECTION4. Article 1, Chapter 11, Title 1 of the 1976 Code is amended by adding:
“Section 111435.To protect the state’s critical information technology infrastructure and associated data systems in the event of a major disaster, whether natural or otherwise, and to allow the services to the citizens of this State to continue in such an event, the Office of the State Chief Information Officer (CIO) should develop a Critical Information Technology Infrastructure Protection Plan devising policies and procedures to provide for the confidentiality, integrity, and availability of, and to allow for alternative and immediate online access to critical data and information systems including, but not limited to, health and human services, law enforcement, and related agency data necessary to provide critical information to citizens and ensure the protection of state employees as they carry out their disasterrelated duties. All state agencies and political subdivisions of this State are directed to assist the Office of the State CIO in the collection of data required for this plan.”
South Carolina 211 Network
SECTION5. The 1976 Code is amended by adding:
“Section 111770.(A)Subject to appropriations, the General Assembly authorizes the State Budget and Control Board to plan, develop, and implement a statewide South Carolina 211 Network, which must serve as the single point of coordination for information and referral for health and human services. The objectives for establishing the South Carolina 211 Network are to:
(1)provide comprehensive and costeffective access to health and human services information;
(2)improve access to accurate information by simplifying and enhancing state and local health and human services information and referral systems and by fostering collaboration among information and referral systems;
(3)electronically connect local information and referral systems to each other, to service providers, and to consumers of information and referral services;
(4)establish and promote standards for data collection and for distributing information among state and local organizations;
(5)promote the use of a common dialing access code and the visibility and public awareness of the availability of information and referral services;
(6)provide a management and administrative structure to support the South Carolina 211 Network and establish technical assistance, training, and support programs for information and referralservice programs;
(7)test methods for integrating information and referral services with local and state health and human services programs and for consolidating and streamlining eligibility and casemanagement processes;
(8)provide access to standardized, comprehensive data to assist in identifying gaps and needs in health and human services programs; and
(9)provide a unified systems plan with a developed platform, taxonomy, and standards for data management and access.
(B)In order to participate in the South Carolina 211 Network, a 211 provider must be certified by the board. The board must develop criteria for certification and must adopt the criteria as regulations.
(1)If any provider of information and referral services or other entity leases a 211 number from a local exchange company and is not certified by the agency, the agency shall, after consultation with the local exchange company and the Public Service Commission, request that the Federal Communications Commission direct the local exchange company to revoke the use of the 211 number.
(2)The agency shall seek the assistance and guidance of the Public Service Commission and the Federal Communications Commission in resolving any disputes arising over jurisdiction related to 211 numbers.”
Protection of special purpose district facilities
SECTION6. Article 1, Chapter 11, Title 6 of the 1976 Code is amended by adding:
“Section 611340.(A)The General Assembly finds that the public interest requires the safeguarding and protection of facilities owned by special purpose districts, such as water treatment plants, water storage tanks, wastewater treatment plants, pumping stations, and natural gas storage facilities. The health, safety, and protection of human life is dependent, in part, upon these facilities being properly protected from attack by terrorists or others seeking to disrupt the proper operation of facilities.
(B)For purposes of this section, ‘special purpose district’ means a special purpose district charged with the operation and maintenance of natural gas distribution facilities, wastewater plants or treatment facilities, or water treatment facilities, or with the operation and management of any water distribution system.
(C)Each special purpose district is authorized to establish a public safety department to protect and police the facilities owned by the district under such reasonable rules and regulations as the district may from time to time promulgate. The district may appoint and commission as many public safety officers as necessary for the proper security, general welfare, and convenience of the facilities. The public safety officers must be vested with all powers and duties conferred by law upon constables in addition to duties imposed upon them by the governing body of the district. The jurisdiction of these public safety officers is limited to the property of the special purpose district and the streets and roads through and contiguous to the property, except that these officers may not make an incidental arrest of a person for, or issue a ticket for, a traffic violation.
(D)The public safety officers appointed and commissioned by a special purpose district must be law enforcement officers trained and certified pursuant to Article 9, Chapter 6, Title 23, in accordance with the training and certification standards established for officers performing similar duties. The expense of the training must be paid by the special purpose district by which that person is employed and the Criminal Justice Academy Division of the Department of Public Safety is authorized to establish and collect a fee for this training.”
Jurisdiction of state grand jury
SECTION7. Section 1471630(A) of the 1976 Code, as last amended by Act 335 of 1992, is further amended to read: