reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1710. Coordinating Council for Economic Development.

There is created the Coordinating Council for Economic Development. The membership consists of the Secretary of Commerce, the Commissioner of Agriculture, the Executive Director of the Department of Employment and Workforce, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Chairman of the State Board for Technical and Comprehensive Education, the Chairman of the South Carolina Ports Authority, the Chairman of the South Carolina Public Service Authority, the Chairman of the South Carolina Jobs Economic Development Authority, the Director of the South Carolina Department of Revenue, the Secretary of the Department of Transportation, and the Chairman of the South Carolina Research Authority. The Secretary of Commerce serves as the chairman of the coordinating council.
HISTORY: 1993 Act No. 181, Section 248, eff July 1, 1993; 1994 Act No. 361, Section 8, eff May 3, 1994; 2000 Act No. 387, Part II, Section 57A, eff July 1, 2000; 2010 Act No. 206, Section 8, eff June 7, 2010; 2010 Act No. 290, Section 32, eff January 1, 2011.
Code Commissioner's Note
In 2017, to correct a scrivener's error, the Code Commissioner corrected the text of this section to reflect the membership of the Secretary of the Department of Transportation on the Coordinating Council for Economic Development, as added by 2010 Act No. 206.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1720. Purpose and duties of council.

(A) The coordinating council shall meet at least quarterly. It shall enhance the economic growth and development of the State through strategic planning and coordinating activities that include:
(1) development and revision of a strategic state plan for economic development. "Strategic state plan for economic development" means a planning document that outlines strategies and activities designed to continue, diversify, or expand the economic base of South Carolina, based on the natural, physical, social, and economic needs of the State;
(2) monitoring implementation of a strategic plan for economic development through an annual review of economic development activities of the previous year and modifying the plan as necessary;
(3) coordination of economic development activities of member agencies of the coordinating council and its advisory committees;
(4) use of federal funds, foundation grants, and private funds in the development, implementation, revision, and promotion of a strategic plan for economic development. Funds from foundation grants and private funds used for these purposes are public monies, notwithstanding their private source, and must be treated like public monies. These monies are subject to all accountability requirements governing public monies, including compliance with the South Carolina Consolidated Procurement Code, unless exempt by formal approval of the State Fiscal Accountability Authority. These monies are also subject to all disclosure requirements governing public monies, unless exempt by Section 30-4-40;
(5) evaluation of plans and programs in terms of their compatibility with state objectives and priorities as outlined in the strategic plan for economic development;
(6) approval of infrastructure and other economic development grants for local units of government pursuant to Section 12-28-2910;
(7) approval of infrastructure development grants for local units of government pursuant to Section 12-21-6540.
(B) The coordinating council may not engage in the delivery of services.
HISTORY: 1993 Act No. 181, Section 248, eff July 1, 1993; 1993 Act No. 164, Part II, Section 46B, eff July 1, 1993; 1994 Act No. 497, Part II, Section 22A, eff July 1, 1994; 2000 Act No. 387, Part II, Section 57A, eff July 1, 2000; 2003 Act No. 86, Section 2, eff July 14, 2003.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1730. Reports.

The coordinating council shall make reports to the Governor, the chairmen of the Senate Finance and House Ways and Means Committees, and the General Assembly at least annually, in the Department of Commerce's annual report, on the status and progress of economic development goals which have been set for the State as a part of the ongoing planning process and on the commitments, expenditures, and balance of the Economic Development Account, with appropriate recommendations.
HISTORY: 1993 Act No. 181, Section 248, eff July 1, 1993; 2000 Act No. 387, Part II, Section 57A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1740. Recommendations by council; review of agency requests for appropriations.

(A) The coordinating council shall make recommendations to the Governor, the General Assembly, and the State Fiscal Accountability Authority as to the policies and programs involved in the state's economic development it considers necessary to carry out the objectives of the strategic plan.
(B) The coordinating council shall review agency requests for legislative appropriations for economic development and may make recommendations to the Office of the Governor and the State Fiscal Accountability Authority and the General Assembly concerning requests compatible with the objectives of the strategic plan. This section does not limit an agency's direct access to the General Assembly, and comment by the coordinating council is not a part of the budget process.
HISTORY: 1993 Act No. 181, Section 248, eff July 1, 1993; 2000 Act No. 387, Part II, Section 57A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1750. Funding; technical advisory committees; data sources.

Funds for technical, administrative, and clerical assistance and other expenses of the coordinating council must be provided by the member agencies. The coordinating council may establish technical advisory committees to assist in the development of a strategic plan for economic development. The coordinating council shall seek to utilize data available from the Department of Transportation, the University of South Carolina, Clemson University, and other state agencies and organizations and relevant to the economic growth and development of the State.
HISTORY: 1993 Act No. 181, Section 248, eff July 1, 1993; 2000 Act No. 387, Part II, Section 57A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1760. Council not to infringe on autonomy of other agencies.

If a provision of Sections 13-1-1710 through 13-1-1770 conflicts with an existing provision of law pertaining to the member agencies of the coordinating council, notwithstanding the fact that Sections 13-1-1710 through 13-1-1770 have a later effective date, the earlier provision controls. Neither Sections 13-1-1710 through 13-1-1770 nor the coordinating council shall infringe upon nor diminish the self-governing autonomy of the agencies involved.
HISTORY: 1993 Act No. 181, Section 248, eff July 1, 1993; 2000 Act No. 387, Part II, Section 57A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1770. Downtown Redevelopment Program; purpose; guidelines for evaluating and awarding grants.

(A) The coordinating council shall establish the "Downtown Redevelopment Program" for the purpose of making grants for revitalizing and enhancing the viability of downtown areas through partnerships of municipal government, county government, and private investors.
(B) The council shall establish program guidelines, regulations, and criteria by which grants must be evaluated and awarded including, but not limited to:
(1) a nonstate match requirement of at least one hundred fifty percent of state grant funds; and
(2) completion of an economic impact before an award is made.
HISTORY: 1998 Act No. 419, Part III, Section 3(A), eff July 1, 1998; 2000 Act No. 387, Part II, Section 57A, eff July 1, 2000.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1780. Agricultural businesses considered for economic development awards.

In awarding benefits for economic development projects, including awards from the Governor's Closing Fund, the Department of Commerce and the coordinating council must consider agricultural businesses. The Department of Commerce and the coordinating council must consider the number of jobs created, including full-time, part-time, and seasonal jobs, and the total investment made, including the cost of the real property.
HISTORY: 2016 Act No. 256 (S.427), Section 6, eff June 8, 2016.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1810. Repealed.

HISTORY: Former Section, titled Transfer of powers relating to regional education centers., had the following history: 2014 Act No. 149 (H.3410), Section 1, eff April 7, 2014. Repealed by 2023 Act No. 67, Section 5, eff May 19, 2023.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1820. Repealed.

HISTORY: Former Section, titled Department to provide oversight to regional education centers, had the following history: 2014 Act No. 149 (H.3410), Section 1, eff April 7, 2014. Repealed by 2023 Act No. 67 (H.3726), Section 5, eff May 19, 2023. See now, Code 1976 Section 41-30-710.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-1840. Repealed.

HISTORY: Former Section, titled Assistance to department in planning and promoting career information and employment options and preparation programs, had the following history: 2014 Act No. 149 (H.3410), Section 1, eff April 7, 2014. Repealed by 2023 Act No. 67 (H.3726), Section 5, eff May 19, 2023. See now, Code 1976 Section 41-30-720.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 1 - General Provisions › Section 13-1-2030. Repealed.

HISTORY: Former Section, titled Coordinating Council for Workforce Development created; membership; duties, had the following history: 2016 Act No. 252 (H.4145), Section 1, eff June 8, 2016; 2022 Act No. 194 (H.4766), Section 1, eff May 16, 2022. Repealed by 2023 Act No. 67 (H.3726), Section 5, eff May 19, 2023. See now, Code 1976 Sections 41-30-510 and 41-30-520.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 2 - Authority To Agree--governing Board Membership › Section 13-2-10. Authorized Agreements.

Notwithstanding any other provision of law, the South Carolina Department of Social Services and the South Carolina Department of Health and Environmental Control, or any other state agency, are hereby authorized to enter into written agreements with any other state agency or interagency council, whether created by statute or executive order, to ensure that the purposes and function of comprehensive development programs can be more effectively and efficiently implemented.
Provided, however, that no agency shall commit any funds by contract unless previously appropriated by the General Assembly. Provided, that any state agency which is created by executive order, and exercising the provisions of this section, shall contain at least four members of the legislature on its governing board, two of whom shall be selected from the membership of the Senate by the President of that body and two of whom shall be selected from the membership of the House of Representatives by the Speaker of that body.
HISTORY: 1993 Act No. 181, Section 249, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-20. Powers and duties of Division of State Development.

The Division of State Development of the Department of Commerce, hereinafter in this section referred to as the division, is hereby designated as the agency of the State which shall be responsible for the promotion and development of atomic energy resources in South Carolina.
In accordance with the laws of this State, the division shall employ, compensate, and direct the activities of such individuals as may be necessary to carry out the provisions of this article. The division shall have the following powers and duties in the promotion and development of atomic energy industries, and resources, in addition to its other duties as imposed by law:
(1) Promote and assist in the establishment of private atomic energy facilities such as nuclear fuel manufacturing, fabrication, and reprocessing plants; radioisotope facilities; waste-disposal sites; test-reactor sites; transportation facilities; and others which are necessary or desirable for the promotion and development of atomic energy resources within the State.
(2) Assist the Governor, the General Assembly, and other agencies of state government in the development and promotion of atomic energy resources and industrial activities.
(3) Coordinate the atomic energy industrial development activities of the State, recognizing the regulatory authority of the State Department of Health and the duties of other departments of state government.
(4) Maintain a close liaison with the industrial community, the federal government, the governments of other states, and regional bodies concerned with the promotion and development of industrial activity in the field of atomic energy.
(5) Cooperate with institutions of higher learning in order to take full advantage of all research activities which will support atomic energy development and industrial activities.
(6) Accept and administer loans, grants, and other funds or gifts, conditional or otherwise, in the furtherance of its promotion and development functions, from the federal government and other sources, public or private.
HISTORY: 1962 Code Section 1-400.12; 1967 (55) 305; 1993 Act No. 181, Section 250, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-50. Emergency powers of Department of Health and Environmental Control.

Whenever the Department finds that an emergency, as hereinabove defined, exists requiring immediate action to protect the public health and safety the Department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any other provision of law, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately, but on application to the Department shall be afforded a hearing within thirty days. On the basis of such hearing, the emergency order shall be continued, modified or revoked within thirty days after such hearing.
HISTORY: 1962 Code Section 1-400.14:1; 1974 (58) 2292.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-60. Agreements to take over certain activities from Federal Government; persons licensed by Federal Government.

(A) The Governor, on behalf of the State, is authorized to enter into agreements with the Federal Government providing for discontinuance of certain of the Federal Government's activities with respect to radiation sources and the assumption thereof by the State toward the end of instituting and maintaining a regulatory program compatible with the standards and regulatory programs of the Federal Government and consonant insofar as possible with those of other states.
(B) Any person who on the effective date of an agreement under subsection (A) of this section possesses a license issued by the Federal Government authorizing activities, the regulation of which is assumed by the State under such agreement, shall be deemed to possess a license issued under this article, which shall expire either ninety days after receipt from the Department of Health and Environmental Control of a notice of expiration of such license, or upon the date of expiration specified in the Federal license; whichever is earlier.
HISTORY: 1962 Code Section 1-400.15; 1967 (55) 305; 1970 (56) 1991.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-80. Penalties.

Any person who shall violate, whether negligently or otherwise, any rule or regulation promulgated pursuant to this article shall be deemed guilty of a misdemeanor and upon conviction may be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment for a term of not more than one year, or by both such fine and imprisonment, for each separate violation. Each day upon which such violation occurs shall constitute a separate offense.
HISTORY: 1962 Code Section 1-400.16; 1967 (55) 305; 1974 (58) 2292.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-85. Department authorized to hold hearings and fix schedule of fines and penalties; each day of noncompliance to constitute separate violation; factors in assessing penalty; compliance with orders pending hearing; monies received under Article 1 accrue to general fund.

(A) The Department is authorized to hold public hearings, compel attendance of witnesses, make findings of fact and determinations and to assess civil penalties. The Department by rule or regulation shall fix a schedule of reasonable fines and civil penalties relating to violations of the provisions of this article or any rule or regulation, license or license condition, permit or permit condition, temporary or permanent order, or final determination of the Department and any person violating any of the provisions of this article, or any rule or regulation, license or license condition, permit or permit condition, temporary or permanent order, or final determination of the Department shall be subject to the schedule of fines and civil penalties; provided, that the maximum penalty for any violation shall not exceed twenty-five thousand dollars.
Provided, that the provisions of chapter 23 of title 1 notwithstanding, the Department shall issue an interim schedule of reasonable fines and civil penalties which shall remain in force and effect until such time as the Department issues final rules and regulations pursuant to the provisions of chapter 23 of title 1.
Each day of noncompliance with any rule or regulation, license or license condition, permit or permit condition, temporary or permanent order, as final determination of the Department shall constitute a separate violation.
(B) In assessing a fine or penalty, or suspending or revoking a permit, the Department shall consider, but not be limited to, the following factors:
(1) The degree of harm to the public health or safety which has resulted or might result from such violations;
(2) The degree of exceedence of a radiation level as set forth in applicable law and regulation;
(3) The duration of the violation;
(4) Any prior violations of statutes, rules, orders, regulations, license or license condition, permit or permit condition.
(C) Any person to whom an order issued under this article is directed, shall comply therewith immediately, but on application to the Department, within twenty days after the date of the order, shall be afforded a hearing within thirty days of such application. Any hearings held pursuant to this section shall be held pursuant to the procedures set forth in chapter 23 of title 1, except that where the provisions of this article are in conflict with the provisions of chapter 23 of title 1, this article shall control.
(D) The monies obtained from the levying of fines, penalties or fees under this article shall accrue to the general fund of the State.
HISTORY: 1980 Act No. 429, Section 2, eff May 26, 1980.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-90. Exemption from certification requirements with respect to persons practicing as operators of sources of ionizing radiation on May 26, 1986.

Any person who is practicing as an operator of sources of ionizing radiation on May 26, 1986 is exempt from the certification requirements promulgated by the Department of Health and Environmental Control provided that such person applies for certification as an operator within sixty days of May 26, 1986.
HISTORY: 1986 Act No. 449, Section 4, eff May 26, 1986.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-100. Inapplicability of provisions to hospital employees performing radiologic technological services.

This article does not apply to any employee of a licensed hospital in this State when performing services commonly within the definition of radiologic technology as long as the services are performed within the course and scope of his employment as an employee of the hospital. No regular employee of a licensed hospital in this State is required to be licensed as a condition of employment by or for performance of these services as long as he does not represent himself as a radiological technician.
HISTORY: 1986 Act No. 449, Section 5, eff May 26, 1986.
ARTICLE 2
South Carolina Radioactive Waste Transportation and Disposal Act
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-130. Applicability of article.

This article applies to any shipper, carrier or other person who transports radioactive waste into or within this State, to any person involved in the generation of radioactive waste within this State, and to any shipper whose radioactive waste is transported into or within the State or is delivered, stored or disposed of within this State.
HISTORY: 1980 Act No. 429, Section 1, eff May 26, 1980.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-145. Nonresident shippers and carriers not registered with Secretary of State; service of process at Office of Secretary of State; service outside state.

A. Any shipper who is not a resident of South Carolina and who is not registered with the Secretary of State for purposes of doing business within South Carolina shall be subject to service of process for purposes of administering and enforcing this article by leaving a copy of the summons or any other legal paper in the hands of the Secretary of State or in his office, and such service shall be deemed sufficient service and shall have like force and effect in all respects as service upon citizens of this State found within its limits if notice of such service and a copy of the paper served are forthwith sent by certified mail to the shipper and the shipper's return receipt and an affidavit of compliance therewith are filed in the cause and submitted to the administrative agency or court from which such process or other paper issued.
Such service may also be made by delivery of a copy thereof to any such shipper outside the State, and proof of such delivery may be made by the affidavit of the person delivering such copy. Such affidavit shall be filed in the cause and submitted to the administrative agency or court from which the process or other paper issued.
B. Any carrier who is not a resident of South Carolina and who is not registered with the Secretary of State for purposes of doing business within South Carolina shall be subject to service of process for purposes of administering and enforcing this article by leaving a copy of the summons or any other legal paper in the hands of the Secretary of State or in his office, and such service shall be deemed sufficient service and shall have like force and effect in all respects as service upon citizens of this State found within its limits if notice of such service and a copy of the paper served are forthwith sent by certified mail to the carrier and the carrier's return receipt and an affidavit of compliance therewith are filed in the cause and submitted to the administrative agency or court from which such process or other paper issued.
Such service may also be made by delivery of a copy thereof to any such carrier outside the State, and proof of such delivery may be made by the affidavit of the person delivering such copy. Such affidavit shall be filed in the cause and submitted to the administrative agency or court from which the process or other paper issued.
HISTORY: 1980 Act No. 429, Section 1, eff May 26, 1980.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-150. Notification to State of variance from primary route and estimated date of arrival; content of certificate to accompany shipments; training requirements for carrier's operators.

A. After acceptance of and departure with a shipment of radioactive waste, a carrier shall immediately notify the Department of any variance, occurring after departure, from the shipper's notification of primary route and estimated date of arrival as provided in Section 13-7-160 (A) and (B).
B. The carrier shall provide to the Department a certification in form satisfactory to the Department, which shall accompany each shipment of waste materials shipped into or within the state, stating:
(1) That the shipment is properly placarded for transport and that all shipping papers required by law and administrative rules and regulations have been properly executed.
(2) That the transport vehicle has been inspected and meets the applicable requirements of the federal government and the State of South Carolina, and that all safety and operational components are in good and operative condition.
(3) That the carrier has received a copy of the shipper certification of compliance and the shipping manifest as set forth in Section 13-7-140.
(4) That the carrier shall comply fully with all applicable laws and administrative rules and regulations, both state and federal, regarding the transportation of such wastes.
C. Any shipment of such wastes to a disposal facility located within this State must be accompanied by the certification required in paragraph B above.
D. Each carrier shall provide, as deemed necessary by the Department, evidence of successful completion by its operators of operator training requirements as may be prescribed by the United States Department of Transportation for all operators transporting radioactive waste into or within this State.
HISTORY: 1980 Act No. 429, Section 1, eff May 26, 1980.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-170. Disposal facilities; reporting violations; no waste accepted without permit.

A. Owners and operators of disposal facilities shall permanently record, and report to the Department within twenty-four hours after discovery, any and all conditions in violation of the requirements of this article discovered as a result of inspections required by any license under which the facility is operated.
B. No owner or operator of a disposal facility located within this State shall accept radioactive waste for disposal unless the shipper of such waste has a valid permit issued pursuant to Section 13-7-140(A) of this article.
HISTORY: 1980 Act No. 429, Section 1, eff May 26, 1980.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-180. Penalties for violation of Article 2; hearings; penalties additional to those provided by other statutes; factors in assessing penalties.

A. Notwithstanding any other provision of law, any person violating the provisions of this article, except as provided below for radiological violations, shall be assessed a civil penalty of up to one thousand dollars for each such violation; provided, that should the Department determine that a series of such violations has occurred the Department shall suspend or revoke such person's permit for any time period determined to be proper, such period to be in the discretion of the Department but in any event not to exceed twelve months.
In the case of a radiological violation, defined as any radiation level in excess of limits set forth in all applicable laws, rules and regulations, any shipper or carrier shall be assessed a civil penalty of not less than one thousand nor more than five thousand dollars, in the discretion of the Department, and such person, if a shipper, shall lose his permit for not less than thirty days and until such further time as the shipper demonstrates to the Department's satisfaction that adequate measures have been taken to insure that such violations will not reoccur.
If a second radiological violation occurs within a period of twelve months the shipper or carrier shall be assessed a civil penalty of not less than five thousand nor more than twenty-five thousand dollars, in the discretion of the Department, and such person if a shipper shall have its permit revoked for a period in the discretion of the Department of up to one year and until such further time as the shipper has shown to the Department's satisfaction that adequate measures have been taken to insure that such violations will not reoccur.
B. Any person to whom an order issued under this article is directed shall comply therewith immediately, but on application to the Department, within twenty days after the date of the order, shall be afforded a hearing within thirty days of such application. Any hearings held pursuant to this section shall be held pursuant to the procedures set forth in Chapter 23 of Title 1, except that where the provisions of this article are in conflict with the provisions of Chapter 23 of Title 1, this article shall control.
C. Any fines or penalties set forth in this article are in addition to any others provided by statutes, rules or regulations.
D. In assessing a fine, penalty, or suspending or revoking a permit, the Department shall consider but not be limited to the following factors:
1. The degree of harm to the public health or safety which has resulted or might result from such violations;
2. The degree of exceedence of a radiation level as set forth in applicable law and regulation;
3. The duration of the violation; and
4. The prior record of the violator with regard to law and regulation governing the transportation of radioactive waste.
HISTORY: 1980 Act No. 429, Section 1, eff May 26, 1980.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-190. Disposition of monies collected under Article 2; price of permits to be sufficient to administer and enforce permitting provisions.

A. The monies obtained from the levying of fines, penalties or fees under this article shall accrue to the general fund of the State.
B. The funds received from the purchase of permits shall be sufficient to administer and enforce the permitting provisions of this article.
HISTORY: 1980 Act No. 429, Section 1, eff May 26, 1980.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-200. Emergency orders and hearings.

Whenever the Department finds that an emergency, as hereinabove defined, exists requiring immediate action to protect the public health, and safety the Department may, without notice or hearing, issue an order reciting the existence of such emergency and requiring that such action be taken as is necessary to meet the emergency. Notwithstanding any other provision of law, such order shall be effective immediately.
Any person to whom such order is directed shall comply therewith immediately, but on application to the Department shall be afforded a hearing within thirty days. On the basis of such hearing, the emergency order shall be continued, modified or revoked within thirty days after such hearing.
HISTORY: 1980 Act No. 429, Section 1, eff May 26, 1980.
ARTICLE 5
Southern States Energy Compact
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-410. Definitions.

As used in this article, unless context requires otherwise:
(1) "Compact" means the Southern States Energy Compact;
(2) "Board" means the Southern States Energy Board.
HISTORY: 1962 Code Section 1-400.1; 1961 (52) 570; 1981 Act No. 47, Section 1, eff May 5, 1981.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-450. Cooperation with Board.

The departments, agencies and officers of this State and its subdivisions may cooperate with the Board in the furtherance of any of its activities pursuant to the compact.
HISTORY: 1962 Code Section 1-400.5; 1961 (52) 570.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-460. Supplementary agreements not effective until funds appropriated.

Any supplementary agreement entered into under Article VI of the compact, requiring the expenditure of funds, shall not become effective as to the State until the required funds are appropriated by the General Assembly.
HISTORY: 1962 Code Section 1-400.6; 1961 (52) 570.
ARTICLE 7
Access to Criminal Records of Employees
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-610. Employers using nuclear material may obtain confidential criminal history of employee or applicant; written release required; use of record.

The security organization of any corporation or legal entity doing business in this State, engaged in the business of transporting, fabricating, storing or using in any manner nuclear material, shall be authorized to obtain from the South Carolina Law Enforcement Division a copy of the confidential criminal history record of any employee or any applicant for employment only after a written release is obtained from the employee or applicant authorizing the security organization to obtain the record. For purposes of this section 'confidential criminal history record' shall only include pleas or convictions of the applicant. The criminal record shall only be used for (1) screening such applicants or employees whose duties would or do require unescorted access to nuclear power plants or storage facilities; (2) screening employees whose duties include having access to or control over nuclear material or sensitive information relating to nuclear power plants or facilities.
HISTORY: 1980 Act No. 485, eff June 11, 1980.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-620. Fee for providing criminal history record.

The South Carolina Law Enforcement Division shall charge a reasonable fee to defray the administrative costs of providing criminal history record information under the provisions of Section 13-7-610. The Division is authorized to charge additional fees as are necessary to discharge its duties under the provisions of Section 13-7-610.
HISTORY: 1980 Act No. 485, eff June 11, 1980.
ARTICLE 9
Governor's Nuclear Advisory Council
Editor's Note
2000 Act No. 357, Section 4, provides as follows:
"The provisions of this act are to be liberally construed to effectuate its purpose. If any provisions of this act shall be determined to be unconstitutional, invalid, or otherwise unenforceable by a court of competent jurisdiction, such provision shall be severable from the remaining portions of this chapter and shall not invalidate the remaining provisions of this chapter, which shall continue in full force and effect. If any provision of this act shall be determined by a court of competent jurisdiction to be in conflict with any other provision of this act, and particularly the provisions of the Northeast Interstate Low-Level Radioactive Waste Management Compact, P.L. 99-240, Section 227, 99 Stat. 1909 (1985), the provisions of the compact shall govern."
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-810. Nuclear Advisory Council.

There is hereby established a Nuclear Advisory Council in the Department of Administration, which shall be responsible to the Director of the Department of Administration and report to the Governor.
HISTORY: 1980 Act No. 517 Part II, Section 10A, eff June 10, 1980; 2000 Act No. 357, Section 6, eff June 6, 2000; 2014 Act No. 121 (S.22), Pt V, Section 7.Y.3, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-820. Duties.

The duties of the council, in addition to such other duties as may be requested by the Governor, shall be:
(1) to provide advice and recommendations to the Governor on issues involving the use, handling, and management of the transportation, storage, or disposal of nuclear materials within South Carolina, or such use, handling, transportation, storage, or disposal of nuclear materials outside of the State which may affect the public health, welfare, safety, and environment of the citizens of South Carolina;
(2) to provide advice and recommendations to the Governor regarding matters pertaining to the Atlantic Compact Commission;
(3) to provide advice and recommendations to the Governor regarding the various programs of the United States Department of Energy pertaining to nuclear waste;
(4) to meet at the call of the chair or at a minimum twice a year.
HISTORY: 1980 Act No. 517 Part II, Section 10B, eff June 10, 1980; 2000 Act No. 357, Section 6, eff June 6, 2000.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-830. Recommendations of council.

The recommendations described in Section 13-7-620 shall be made available to the General Assembly and the Governor.
HISTORY: 1980 Act No. 517 Part II, Section 10C, eff June 10, 1980; 2000 Act No. 357, Section 6, eff June 6, 2000; 2014 Act No. 121 (S.22), Pt V, Section 7.Y.3, eff July 1, 2015.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-840. Membership; terms; vacancies.

The council shall consist of nine members. One at-large member shall be appointed by the Speaker of the House of Representatives and one at-large member shall be appointed by the President of the Senate. Seven members shall be appointed by the Governor as follows: two shall be actively involved in the area of environmental protection; one shall have experience in the generation of power by nuclear means; one shall have experience in the field of nuclear activities other than power generation; two shall be scientists or engineers from the faculties of institutions of higher learning in the State; and one shall be from the public at large. The terms of the members of the council appointed by the Governor shall be coterminous with that of the appointing Governor, but they shall serve at the pleasure of the Governor.
Vacancies of the council shall be filled in the manner of the original appointment.
HISTORY: 1980 Act No. 517 Part II, Section 10D, eff June 10, 1980; 2000 Act No. 357, Section 6, eff June 6, 2000; 2008 Act No. 273, Section 3, eff June 4, 2008.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-850. Chairman; compensation of members.

The Governor shall designate the chairman from the membership. When on business of the council, members shall be entitled to receive such compensation as provided by law for boards and commissions.
HISTORY: 1980 Act No. 517 Part II, Section 10E, eff June 10, 1980; 2000 Act No. 357, Section 6, eff June 6, 2000.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-860. Staff.

Staff support for the council shall be provided by the Department of Administration.
HISTORY: 1980 Act No. 517 Part II, Section 10F, eff June 10, 1980; 2000 Act No. 357, Section 6, eff June 6, 2000; 2014 Act No. 121 (S.22), Pt V, Section 7.Y.3, eff July 1, 2015.
ARTICLE 10
Commercial Processing, Reprocessing, and Storage of Spent Nuclear Fuel and High-Level Radioactive Waste Generated by Foreign Countries
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 7 - Nuclear Energy › Section 13-7-1010. Processing spent nuclear fuel; penalties.

It shall be unlawful in this State for any commercial firm to accept for processing, reprocessing or storage or to process, reprocess or store any spent nuclear fuel or high-level radioactive waste generated in a foreign country. Any person who violates the provisions of this section is guilty of a misdemeanor and upon conviction shall be fined twenty-five thousand dollars for each day such illegal activity is conducted. In addition the Attorney General may, in appropriate circumstances, obtain injunctive relief to restrain further violations in the circuit court of the county in which such violations occurred.
HISTORY: 1983 Act No. 11 Section 1, eff March 14, 1983.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 11 - New Horizons Development Authority › Section 13-11-10. New Horizons Development Authority created; governing body; duration; transfer of powers and responsibilities.

There is hereby created the New Horizons Development Authority, a body politic and corporate under the laws of this State, consisting of and governed by a board of appointed and ex officio members selected as provided in Section 13-11-20 and hereinafter referred to as the Authority. New Horizons Development Authority shall be constituted for a term of five years. At the end of five years the General Assembly may transfer the powers, responsibilities, liabilities and assets of the Authority to another State agency or agencies; but no obligation or contract of the Authority shall be impaired by such transfer. The full faith and credit of the State shall not be pledged to assure the performance of obligations so transferred.
HISTORY: 1962 Code Section 59-93.11; 1974 (58) 2301.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 11 - New Horizons Development Authority › Section 13-11-20. Members of board; terms; vacancies.

Members of the board shall be appointed by the Governor as follows: two members upon nomination of the Director of the South Carolina Department of Parks, Recreation and Tourism; one member upon nomination of the Department of Natural Resources; two members upon nomination of the Director of the Department of Commerce or his designee; one member upon nomination of the Fairfield County Council; one member upon nomination of the Fairfield County Development Board; and one member appointed by the Governor, who shall be the chairman. In addition, the Director of the South Carolina Department of Parks, Recreation and Tourism, the Director of the Department of Commerce or his designee, the Executive Director of the State Housing Authority, the Executive Director of the Central Midlands Regional Planning Council, the Transportation Commissioner representing Fairfield County, the Mayor of the city of Winnsboro, the member of the House of Representatives from District No. 41 and any Senators from Senatorial District No. 7 who are residents of Fairfield County, and the Executive Director of the South Carolina Department of Archives and History shall serve as ex officio members of the board. Terms of office of the appointed members shall be five years and until their successors are appointed and qualified. Vacancies shall be filled in the manner of original appointment for the unexpired term.
HISTORY: 1962 Code Section 59-93.12; 1974 (58) 2301; 1993 Act No.181, Section 253A, eff July 1, 1993; 1993 Act No.181, Section 253B, eff July 1, 1994; 1994 Act No. 361, Section 8, eff May 3, 1994.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 11 - New Horizons Development Authority › Section 13-11-30. Meetings of board; quorum; compensation.

The board shall meet upon the call of the chairman or a majority of its members, and a majority of its members shall constitute a quorum for the transaction of business. Members of the board shall receive per diem for each day of performance of official duties and actual expense, including travel expense, shall be allowed for attendance thereon.
HISTORY: 1962 Code Section 59-93.13; 1974 (58) 2301.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 11 - New Horizons Development Authority › Section 13-11-40. Employees.

The Authority may employ an attorney, consultants and such staff as it deems necessary for the performance of its duties and shall fix their compensation. Upon request, any State agency may, at its discretion, assign any of its employees on a part or full-time basis to assist the board in the furtherance of its duties.
HISTORY: 1962 Code Section 59-93.14; 1974 (58) 2301.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 11 - New Horizons Development Authority › Section 13-11-50. Area of jurisdiction; acquisition of property outside area.

For the purposes of carrying out its powers and duties, the Authority shall have jurisdiction in accordance with the provisions of this chapter within the boundaries of that watershed in Fairfield County which is drained by the Little Wateree Creek and its tributaries. In addition, it may acquire, by gift or negotiated purchase, real property anywhere within the State for the expressed purpose of exchanging such real property for other real property within the area of its jurisdiction as defined above.
HISTORY: 1962 Code Section 59-93.15; 1974 (58) 2301.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 11 - New Horizons Development Authority › Section 13-11-80. Acquisition of property; power of eminent domain.

For the acquiring of rights-of-way and property necessary for the accomplishment of the duties and purposes of the New Horizons Development Authority, all or any of such purposes, the authority may purchase them by negotiation or may condemn them, and should it elect to exercise the right of eminent domain, condemnation proceedings shall be maintained by and in the name of the authority, and it may proceed in the manner provided by the laws of the State for procedure by any county, municipality or authority organized under the laws of this State, by the Department of Transportation, by railroad corporations or in any other manner provided by law as the authority may in its discretion elect. The power of eminent domain shall apply not only as to all property of private persons or corporations but also as to property already devoted to public use within the area of jurisdiction of the authority.
HISTORY: 1962 Code Section 59-93.18; 1974 (58) 2301; 1987 Act No. 173 Section 16; 1993 Act No.181, Section 254, eff July 1, 1993.
2023 South Carolina Code of Laws › Title 13 - Planning, Research and Development › Chapter 11 - New Horizons Development Authority › Section 13-11-90. Exchange of property; removal of buildings or other structures.

The Authority may exchange any property acquired under the provisions of this chapter for other property usable in carrying out the powers hereby conferred or may purchase property for purposes of the Authority and also may remove buildings or other structures from lands needed for its purposes for reconstruction on other locations upon the payment of just compensation if, in its judgment, it is necessary or expedient to do so in order to carry out any of its plans for development under the authorization of this chapter.
HISTORY: 1962 Code Section 59-93.19; 1974 (58) 2301.