reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 47 - Public Safety Communications Center › Section 23-47-80. Penalties.

It is unlawful for a person anonymously or otherwise to:
(1) use any words or language of a profane, vulgar, lewd, lascivious, or indecent nature on an emergency 911 number with the intent to intimidate or harass a dispatcher;
(2) contact the emergency 911 number, whether or not conversation ensues for the purpose of annoying or harassing the dispatcher or interfering with or disrupting emergency 911 service;
(3) make contact with a 911 dispatcher and intentionally fail to hang up or disengage the connection for the purpose of interfering with or disrupting emergency service;
(4) contact the emergency 911 number and intentionally make a false report.
A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be imprisoned not more than six months or fined not more than two hundred dollars, or both.
HISTORY: 1991 Act No. 245, Section 1; 2019 Act No. 60 (H.3586), Section 8, eff May 16, 2019.
Effect of Amendment
2019 Act No. 60, Section 8, in (2), substituted "contact" for "telephone"; in (3), substituted "contact with a" for "a telephone call to a"; and in (4), substituted "contact" for "telephone".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-20. South Carolina Firefighter Mobilization Oversight Committee.

There is created the South Carolina Firefighter Mobilization Oversight Committee, to be comprised of the following persons: (1) the State Fire Marshal; (2) the State Emergency Management Division Director of the Adjutant General's Office; (3) the State Forester; (4) a county emergency management division coordinator appointed by the Governor upon consideration of the written recommendations of the Emergency Management Association for a term of three years; (5) the Chief of the South Carolina Law Enforcement Division or his designee; and (6) six fire prevention and control personnel appointed by the Governor upon consideration of the written recommendations of the South Carolina State Firefighters' Association for three-year terms, three of whom shall serve initial terms of two years, and three of whom shall serve initial terms of three years; thereafter, all fire prevention and control personnel shall serve three-year terms. The Executive Director of the South Carolina State Firefighters' Association shall serve as an ex officio, nonvoting member of the committee.
HISTORY: 2000 Act No. 386, Section 1; 2002 Act No. 190, Section 3; 2013 Act No. 85, Section 2, eff June 13, 2013.
Effect of Amendment
The 2013 amendment inserted "(5) the Chief of the South Carolina Law Enforcement Division or his designee" and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-30. Officers; meetings; vacancies.

The State Fire Marshal shall serve as chairman and shall call meetings as often as he considers necessary or expedient. The State Emergency Management Division Director of the Adjutant General's Office shall serve as vice chairman. Vacancies on the committee shall be filled in the manner of original appointment for the unexpired term.
HISTORY: 2000 Act No. 386, Section 1; 2002 Act No. 190, Section 4.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-50. South Carolina Firefighter Mobilization Plan.

The South Carolina Firefighter Mobilization Oversight Committee shall establish the South Carolina Firefighter Mobilization and Emergency Response Task Force Plan. The purpose of the plan is to provide for responding firefighting and rescue resources, including the South Carolina Emergency Response Task Force, from one part of the State to another part of the State or from one state to another state. The plan is operative (1) under emergencies declared by the Governor or by the President of the United States, (2) when a local fire chief needs additional resources after existing mutual aid agreements have been utilized, (3) when another state requests assistance in dealing with an emergency when a state mutual aid agreement exists between South Carolina and the other state, or (4) when the Chief of the State Law Enforcement Division directs a response to a terrorist or explosive device event. In addition, the plan operates and is a part of the State Emergency Response Plan.
HISTORY: 2000 Act No. 386, Section 1; 2013 Act No. 85, Section 3, eff June 13, 2013.
Effect of Amendment
The 2013 amendment inserted "and Emergency Response Task Force", ", including the South Carolina Emergency Response Task Force", and "or (4) when the Chief of the State Law Enforcement Division directs a response to a terrorist or explosive device event.".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-60. Duties of South Carolina Firefighter Mobilization Committee; mutual aid agreements.

(A) The South Carolina Firefighter Mobilization Oversight Committee shall (1) develop procedures and guidelines for dispatching and deploying rural and municipal fire and rescue resources, and (2) establish a system of regions in the State for managing fire and rescue emergencies utilizing an incident command system.
(B) The committee shall develop a Firefighter Mobilization Mutual Aid Agreement and, with the assistance from the offices of the State Fire Marshal and State Emergency Management Director of the Adjutant General's Office, secure local governments' and other states' participation in the agreement.
(C) In order to receive fire and rescue resources under the South Carolina Firefighter Mobilization Plan, each county and municipality in the State must sign a mutual aid agreement. Other participating states must sign a mutual aid agreement with the State Emergency Management Division of the Adjutant General's Office in order to receive the same, or similar, fire and rescue resources.
(D) The committee shall develop guidelines for using resources allocated to the task force at the state and regional level.
HISTORY: 2000 Act No. 386, Section 1; 2002 Act No. 190, Section 5; 2013 Act No. 85, Section 4, eff June 13, 2013.
Effect of Amendment
The 2013 amendment added subsection (D) relating to guidelines for using resources.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-65. SLED jurisdiction.

Pursuant to Section 23-3-15, the South Carolina Law Enforcement Division has specific and exclusive jurisdiction on behalf of the State in matters pertaining to the response to and crisis management of acts of terrorism and emergency event management of explosive devices.
HISTORY: 2013 Act No. 85, Section 1, eff June 13, 2013.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-70. State and regional coordinators.

The South Carolina Firefighter Mobilization Oversight Committee shall appoint the number of state and regional coordinators the committee considers necessary and sufficient for the execution of the South Carolina Firefighter Mobilization and Emergency Response Task Force Plan. A state coordinator shall be designated by the committee to be in overall charge of coordinating the state response for fire and rescue services. A regional coordinator is in overall charge of a region for the purpose of coordinating the regional response for fire and rescue services and must report directly to the state coordinator designated by the committee. The Office of State Fire Marshal shall provide administrative support as required by the Firefighter Mobilization Oversight Committee to perform its prescribed functions. The state coordinator shall report to the State Fire Marshal and provide administrative support to the Firefighter Mobilization Oversight Committee.
HISTORY: 2000 Act No. 386, Section 1; 2013 Act No. 85, Section 5, eff June 13, 2013.
Effect of Amendment
The 2013 amendment inserted "and Emergency Response Task Force" in the first sentence, substituted "coordinating" for "managing" in the second and third sentences, and added the fourth and fifth sentences relating to the State Fire Marshall.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-80. Information from the South Carolina State Firefighters' Association

The committee may request and utilize information regarding equipment, personnel, and other fire and rescue resources maintained by the South Carolina State Firefighters' Association.
HISTORY: 2000 Act No. 386, Section 1; 2013 Act No. 85, Section 6, eff June 13, 2013.
Effect of Amendment
The 2013 amendment substituted "Firefighters'" for "Firemen's".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-90. Resources under command of local authority during an emergency.

All fire and rescue resources requested and received under the South Carolina Firefighter Mobilization Plan shall be under the command of the local authority having jurisdiction during an emergency until such resources are released.
HISTORY: 2000 Act No. 386, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-100. South Carolina Department of Transportation and South Carolina National Guard to assist with transportation of equipment and personnel.

When directed by the Governor, the South Carolina Department of Transportation and the South Carolina National Guard shall assist with the transportation of equipment and personnel under this chapter.
HISTORY: 2000 Act No. 386, Section 1.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-110. Definitions; liability.

(A) For purposes of this chapter:
(1) "Dry fire hydrant" means a fire hydrant that is connected to a source of water from which water is pumped for fire suppression or fire suppression training.
(2) "Firefighting agency" means any entity that provides firefighting services including, but not limited to:
(a) a fire department;
(b) a political subdivision of this State authorized to provide firefighting services; and
(c) the South Carolina Forestry Commission or commission cooperators.
(3) "Source of water" means a water system, water tank, ditch, pool, pond, lake, or river.
(4) "Fire and rescue resources" means local firefighting and rescue resources that include structural firefighting teams, firefighting water supply teams, wild land firefighting teams, rescue teams, and hazardous materials teams.
(5) "South Carolina Emergency Response Task Force" means an organization of specialized units manned through voluntary participation by various agencies and overseen by the State Fire Marshal that provides a comprehensive all-hazard tiered response to incidents by providing services including, but not limited to, firefighting, urban search and rescue, aviation search and rescue, technical rescue, incident support, and the mitigation of hazardous materials.
(6) "Hazardous materials team" means a specialized unit that responds to the spill, leak, or disbursement of a hazardous product in order to identify, mitigate, and recover from the effects of that incident.
(B) An owner, lessee, or occupant of real property from whom a firefighting agency utilizes a source of water for firefighting purposes is not liable for damage for personal injury, death, or injury to or destruction of property occurring from:
(1) removal of water from a dry fire hydrant or the installation and maintenance of a dry fire hydrant;
(2) removal of water by drafting or through a pressure hose;
(3) removal of water by a bucket or hose suspended from a helicopter; or
(4) removal of water by a fixed wing aircraft.
HISTORY: 2000 Act No. 386, Section 1; 2013 Act No. 85, Section 7, eff June 13, 2013.
Effect of Amendment
The 2013 amendment added subsections (A)(4), (A)(5), and (A)(6), the definitions for "Fire and rescue resources", "South Carolina Emergency Response Task Force", and "Hazardous materials team".
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 49 - Firefighter Mobilization › Section 23-49-120. Donations of fire protection, control and rescue equipment.

(A) For purposes of this chapter, "fire protection, control, and rescue equipment" or "equipment" means, but is not limited to, a vehicle, a firefighting tool, protective gear, breathing apparatus, and any other tools or supplies commonly used or capable of use in fire prevention, firefighting, or fire rescue.
(B) The South Carolina Forestry Commission and the Department of Labor, Licensing and Regulation, Division of Fire and Life Safety, may accept donations of new or used fire protection, control, and rescue equipment from individuals or organizations. Donated equipment accepted by the commission or department may be retained for use by the commission or department or distributed to county, municipal, or other fire departments in this State or to other state or local emergency service or rescue organizations. A fire department or other organization accepting donated breathing apparatus from the commission or department shall cause the breathing apparatus to be recertified according to the manufacturer's specifications by the manufacturer or a technician certified by the manufacturer before it is placed into service or used by the fire department or other organization.
(C) A donor or donor organization acting in good faith when donating new or used equipment that is apparently fit for use by humans and for its intended purpose is not subject to criminal penalties or civil liability for death or injuries to persons or property arising from a disclosed defect in the equipment, from an unknown defect in the equipment, or from the condition of the donated equipment, unless the death or injury to persons or property is caused by gross negligence, recklessness, or intentional misconduct of the donor.
HISTORY: 2000 Act No. 386, Section 1; 2022 Act No. 170 (S.460), Section 10, eff May 16, 2022.
Effect of Amendment
2022 Act No. 170, Section 10, in (B), in the first sentence, inserted "and the Department of Labor, Licensing and Regulation, Division of Fire and Life Safety," following "Commission", and substituted "commission or department" for "commission" in three places.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 50 - South Carolina Crimestoppers Act › Section 23-50-10. Purpose.

Crimestoppers organizations provide the opportunity for citizens to report crime tips to law enforcement agencies anonymously by using a crimestoppers organization as an intermediary to receive the tips. The ability to report anonymous crime tips enhances the quality of life for the citizens of South Carolina by increasing the efficiency of law enforcement. Crimestoppers is a collaboration between local, state, and federal law enforcement, the media, and the citizenry to remove the criminal elements from the streets of South Carolina.
HISTORY: 2006 Act No. 380, Section 1, eff upon approval (became law without the Governor's signature on June 14, 2006).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 50 - South Carolina Crimestoppers Act › Section 23-50-15. Definitions.

As used in this chapter:
(A) "Council" means the South Carolina Crimestoppers Council.
(B) "Crimestoppers organization" means a private, nonprofit corporation that is organized under the laws of South Carolina that is operated on a local or statewide level, that accepts and expends donations for rewards to persons who report to the organization information about suspected criminal activity, that forwards the information to the appropriate law enforcement agency, is a member of the council, and that is qualified to receive reimbursed funds pursuant to Section 23-50-30.
(C) "Privileged communication" means a statement by any person, in any manner whatsoever, to a crimestoppers organization or to the council for the purpose of reporting alleged criminal activity and a communication from a crimestoppers organization or the council relaying the information received to a law enforcement agency.
(D) "Protected information" means any records, oral, written, or recorded statements, papers, documents, or any materials utilized by a crimestoppers organization or the council in reporting suspected criminal activity or in processing such information, whether such information is in the possession of a crimestoppers organization, the council, or a law enforcement agency receiving such information from a crimestoppers organization or the council.
(E) "Protected identity" means the identity of any person reporting suspected criminal activity to a crimestoppers organization or to the council.
(F) "Reimbursed funds" means funds reimbursed pursuant to Section 23-50-30.
HISTORY: 2006 Act No. 380, Section 1, eff upon approval (became law without the Governor's signature on June 14, 2006).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 50 - South Carolina Crimestoppers Act › Section 23-50-20. Status as South Carolina nonprofit corporation in good standing; adoption of rules and certification standards; annual report.

(A) The council shall be a South Carolina nonprofit corporation in good standing and shall operate in accordance with the laws governing corporations in the State of South Carolina.
(B) The council may adopt rules and certification standards to carry out its functions under this chapter.
(C) The council shall send a report to the Attorney General not later than April fifteenth of each year that shall, at a minimum, report on the activities carried out by the council in carrying out its duties as set forth in Section 23-50-25.
HISTORY: 2006 Act No. 380, Section 1, eff upon approval (became law without the Governor's signature on June 14, 2006).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 50 - South Carolina Crimestoppers Act › Section 23-50-25. Duties of council.

The council shall:
(1) encourage, advise, and assist in the creation of crimestoppers organizations;
(2) foster the detection of crime and encourage persons to report information about criminal acts;
(3) encourage news and other media to broadcast reenactments and to inform the public of the functions of crimestoppers organizations' operations and programs;
(4) promote the process of crimestoppers organizations to forward information about criminal acts to the appropriate law enforcement agencies;
(5) help law enforcement agencies detect and combat crime by increasing the flow of information to and between law enforcement agencies;
(6) approve applicants to become members of the council as crimestoppers organizations;
(7) foster creation of crimestoppers organizations; and
(8) certify crimestoppers organizations to receive reimbursed funds.
HISTORY: 2006 Act No. 380, Section 1, eff upon approval (became law without the Governor's signature on June 14, 2006).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 50 - South Carolina Crimestoppers Act › Section 23-50-30. Certification of crimestoppers organization to receive reimbursed funds.

(A) The council shall certify a crimestoppers organization to receive reimbursed funds if, considering the organization, continuity, leadership, community support, and general conduct of the crimestoppers organization, the council determines that the repayments or payments will be spent to further the crime prevention purposes of the organization.
(B) Certification of a crimestoppers organization to receive reimbursed funds is valid for a period of two years. The council shall decertify a crimestoppers organization to receive reimbursed funds if the council determines that the crimestoppers organization no longer meets the certification requirements to receive reimbursed funds.
HISTORY: 2006 Act No. 380, Section 1, eff upon approval (became law without the Governor's signature on June 14, 2006).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 50 - South Carolina Crimestoppers Act › Section 23-50-35. Repayment of reward by defendant; reimbursement from forfeited funds.

(A) After a defendant has been convicted of a criminal offense or as a condition of placing a person on probation, or both, the judge of any court of applicable jurisdiction may order a defendant to repay all or part of a reward, not to exceed two thousand dollars, paid by a crimestoppers organization or the council.
In determining whether the defendant must repay the reward or part of the reward, the court shall consider:
(1) the ability of the defendant to make the payment and the financial hardship on the defendant to make the required payment; and
(2) the importance of the information to the prosecution of the defendant as provided by the arresting officer or the attorney for the State with due regard for the confidentiality of the crimestoppers organization records.
(B) Monies paid by a crimestoppers organization or the council for information that results in the arrest of any individual or individuals where monies are also confiscated and subsequently forfeited pursuant to Section 44-53-520 must be reimbursed from the forfeited monies to the crimestoppers organization making the payment or to the council upon a determination that the money paid was used for information that resulted in the arrest and forfeiture. If the forfeiture is the result of:
(1) a court proceeding, the determination that the money paid was used for information that resulted in the arrest and forfeiture must be made by the presiding judge;
(2) an agreement, the determination that the money paid was used for information that resulted in the arrest and forfeiture must be made by the Attorney General or his designee.
(C) Reimbursements must be for the amount paid, not to exceed two thousand dollars.
(D) Reimbursements to the council or to a crimestoppers organization are subordinate to payments that may be ordered to be paid to victims of crimes as restitution.
HISTORY: 2006 Act No. 380, Section 1, eff upon approval (became law without the Governor's signature on June 14, 2006).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 50 - South Carolina Crimestoppers Act › Section 23-50-40. Use of reimbursed funds; establishing separate account; disposition of funds on dissolution or decertification; use for purposes other than rewards.

(A) Except as provided by subsection (D), a crimestoppers organization may not use more than twenty percent of the reimbursed funds received annually to pay costs incurred in administering the organization and shall use the remainder of the reimbursed funds, including any interest earned on the reimbursed funds, only to reward persons who report information concerning criminal activity. Not later than January thirty-first of each year, a crimestoppers organization that receives or expends reimbursed funds shall file a detailed report with the council.
(B) A crimestoppers organization shall establish a separate reward account for reimbursed funds received.
(C) Not later than the sixtieth day after the date of dissolution or decertification of a funds-certified crimestoppers organization, a dissolved or decertified organization shall forward all unexpended reimbursed funds to the council. The council shall distribute any funds received pursuant to this section in furtherance of its duties as set forth in Section 23-50-25.
(D) If the amount of the reimbursed funds received by a crimestoppers organization exceeds three times the amount of rewards paid during a fiscal year based on the average amount of funds used to pay rewards during each of the preceding three fiscal years, the organization may deposit the excess amount of funds in a separate interest-bearing account to be used by the organization for law enforcement purposes relating to crimestoppers or juvenile justice, including intervention, apprehension, and adjudication. An organization that deposits excess funds in an account as provided by this subsection may use any interest earned on the funds to pay costs incurred in administering the organization.
HISTORY: 2006 Act No. 380, Section 1, eff upon approval (became law without the Governor's signature on June 14, 2006).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 50 - South Carolina Crimestoppers Act › Section 23-50-45. Admissibility of certain evidence; disclosure to criminal defendant; request for release of protected information or privileged communication in court of common pleas.

(A) Except as otherwise provided by this section, evidence of privileged communications, protected information, and protected identities is not admissible in a civil proceeding unless good cause is shown to the court.
(B) In a criminal proceeding, the State or another prosecuting authority must provide the defendant with any information obtained via crimestoppers as required by Rule 5 of the South Carolina Rules of Criminal Procedure, Brady, or any other law or rule governing the disclosure of information to criminal defendants.
(C) In a civil matter pending in the court of common pleas, the plaintiff may seek release of the protected information or privileged communication by motion to the court of common pleas having jurisdiction. Protected information and privileged communications may not be released for matters pending in any civil courts other than the court of common pleas. The plaintiff may seek release of protected information or privileged communication by showing good cause to the court of common pleas.
(D) When a request is made for the release of protected information or a privileged communication in a civil proceeding:
(1) the court may issue an order requiring the privileged communication or protected information to be turned over to the court. The court shall conduct an in camera inspection of materials provided to determine whether good cause for use in the civil proceeding has been shown;
(2) the court will provide the evidence to the parties in a form that does not disclose a protected identity, unless deemed necessary. The court may issue such additional protective orders as it deems appropriate; and
(3) the court shall return to the council or crimestoppers organization the materials that are produced but not disclosed. The council or crimestoppers organization shall store the materials at least until the first anniversary of the following appropriate date:
(a) the date of expiration of the time for all direct appeals in a criminal case; or
(b) the date a plaintiff's right to appeal in a civil case is exhausted.
(E) Nothing contained in this section creates a duty for a crimestoppers organization or the council to maintain records in a form that identifies a privileged identity.
HISTORY: 2006 Act No. 380, Section 1, eff upon approval (became law without the Governor's signature on June 14, 2006).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 50 - South Carolina Crimestoppers Act › Section 23-50-50. Unauthorized divulgence of protected information by council or crimestoppers organization employee; penalty.

(A) A person who is a member or employee of the council, a crimestoppers organization, or a law enforcement agency who has knowledge of, or the contents of, or both of (1) a privileged communication, (2) protected information, or (3) a protected identity, or all three, commits an offense if the person intentionally or knowingly divulges to a person not employed by a law enforcement agency the content or existence of (1) a privileged communication, (2) protected information, or (3) a protected identity, or all three, without the consent of the person who made the privileged communication.
(B) An offense under this section is a misdemeanor punishable by a fine not to exceed one thousand dollars or up to one year in jail, or both, for each occurrence. However, an offense under this section is a Class F felony punishable by not more than five years imprisonment if the offense is committed with intent to obtain monetary gain or other benefit.
(C) Disclosing information pursuant to a valid court order is not an offense under this section.
HISTORY: 2006 Act No. 380, Section 1, eff upon approval (became law without the Governor's signature on June 14, 2006).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 50 - South Carolina Crimestoppers Act › Section 23-50-55. Immunity of persons communicating with and associated with council and crimestoppers organization.

(A) A person who communicates a privileged communication to the council or a crimestoppers organization is immune from civil liability for damages resulting from the privileged communication unless the communication was grossly negligent or done with conscious indifference or reckless disregard for the rights of others.
(B) A person who in the course and scope of the person's duties or functions receives, forwards, or acts on a privileged communication or protected record is immune from civil liability for damages resulting from an act or omission in the performance of the person's duties or functions unless the act or omission was grossly negligent, or done with conscious indifference or reckless disregard for the rights of others.
(C) Members, officers, directors, employees, and agents of the council and certified crimestoppers organizations are immune from civil liability for damages resulting from an act or omission in the performance of the person's duties or functions unless the act or omission was grossly negligent, or done with conscious indifference or reckless disregard for the rights of others.
(D) Only crimestoppers organizations that are members of and in good standing with the council are the beneficiaries of the immunities contained in this section.
(E) Crimestoppers organizations that fail to meet the requirements set forth by the council, fail to maintain membership in the council, or fail to maintain their nonprofit status under applicable statutes and regulations and their members, officers, directors, employees, and agents lose their immunity from civil liability as set forth in this section from the point in time that any of the above listed events occurs. The immunities for actions taken prior to a listed event occurring remain.
HISTORY: 2006 Act No. 380, Section 1, eff upon approval (became law without the Governor's signature on June 14, 2006).
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 51 - Reduced Cigarette Ignition Propensity Standards And Firefighter Protection Act › Section 23-51-10. Citation of chapter.

This chapter may be cited as the "Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act".
HISTORY: 2008 Act No. 331, Section 1, eff January 1, 2010.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 51 - Reduced Cigarette Ignition Propensity Standards And Firefighter Protection Act › Section 23-51-20. Definitions.

As used in this chapter:
(A) "Agent" means a person authorized by the Department of Revenue to pay the excise tax on packages of cigarettes.
(B) "Cigarette" means:
(1) any roll for smoking, made wholly or in part of tobacco or another substance, irrespective of size or shape, either flavored or unflavored, adulterated or mixed with another ingredient. The wrapper or cover must be made of paper or another substance or material other than leaf tobacco; or
(2) any roll for smoking wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described in subitem (1).
(C) "Manufacturer" means:
(1) an entity which manufactures or produces cigarettes or causes cigarettes to be manufactured or produced with the intent to be sold in this State, including cigarettes intended to be sold in the United States through an importer;
(2) the first purchaser that intends to resell in the United States cigarettes manufactured anywhere that the original manufacturer or maker does not intend to be sold in the United States; or
(3) an entity that becomes a successor of an entity described in subitem (1) or (2).
(D) "Quality control and quality assurance program" means the laboratory procedures implemented to ensure that operator bias, systematic and nonsystematic methodological errors, and equipment-related problems do not affect the results of the testing. The program must ensure that testing repeatability remains within the required repeatability values stated in Section 23-51-30(G) for all test trials used to certify cigarettes in accordance with this chapter.
(E) "Repeatability" means the range of values within which the repeat results of cigarette test trials from a single laboratory will fall ninety-five percent of the time.
(F) "Retail dealer" means a person, other than a manufacturer or wholesale dealer, engaged in selling cigarettes or tobacco products.
(G) "Sale" means a transfer of title or possession, or both, exchange or barter, conditional or otherwise, in any manner, by any means, or by any agreement. In addition to cash and credit sales, the giving of cigarettes as samples, prizes or gifts, and the exchanging of cigarettes for consideration other than money are considered sales.
(H) "Sell" means to sell, or to offer or agree to do the same.
(I) "Wholesale dealer" means a person other than a manufacturer who sells cigarettes or tobacco products to retail dealers or other persons for purposes of resale, and a person who owns, operates, or maintains one or more cigarette or tobacco product vending machines in, at, or upon premises owned or occupied by another person.
HISTORY: 2008 Act No. 331, Section 1, eff January 1, 2010.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 51 - Reduced Cigarette Ignition Propensity Standards And Firefighter Protection Act › Section 23-51-40. Certification by manufacturer.

(A) Each manufacturer shall submit to the State Fire Marshal a written certification attesting that:
(1) each cigarette listed in the certification has been tested in accordance with Section 23-51-30; and
(2) each cigarette listed in the certification meets the performance standard contained in Section 23-51-30.
(B) Each cigarette listed in the certification must be described with the following information:
(1) brand, or trade name on the package;
(2) style, such as light or ultra light;
(3) length in millimeters;
(4) circumference in millimeters;
(5) flavor, such as menthol or chocolate, if applicable;
(6) filter or nonfilter;
(7) package description, such as soft pack or box;
(8) marking, pursuant to Section 23-51-50;
(9) the name, address, and telephone number of the laboratory, if different than the manufacturer that conducted the test; and
(10) the date that the testing occurred.
(C) The certifications must be made available to the Attorney General for purposes consistent with this chapter and the Department of Revenue for the purposes of ensuring compliance with this section.
(D) Each cigarette certified under this section must be recertified every three years.
(E) For each cigarette brand style listed in a certification, a manufacturer shall pay to the State Fire Marshal a two hundred fifty-dollar fee. The State Fire Marshal is authorized to annually adjust this fee to ensure that it defrays the actual costs of the processing, testing, enforcement, and oversight activities required by this chapter.
(F) There is established in the State Treasury a special fund to be known as the "Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Enforcement Fund". The fund shall consist of all certification fees submitted by manufacturers, and shall, in addition to any other monies made available for this purpose, be available to the State Fire Marshal solely to support processing, testing, enforcement, and oversight activities under this chapter.
(G) If a manufacturer has certified a cigarette pursuant to this section, and thereafter makes a change to the cigarette that is likely to alter its compliance with the reduced cigarette ignition propensity standards required by this chapter, that cigarette shall not be sold or offered for sale in this State until the manufacturer retests the cigarette in accordance with the testing standards set forth in Section 23-51-30 and maintains records of that retesting as required by Section 23-51-30. An altered cigarette which does not meet the performance standard contained in Section 23-51-30 may not be sold in this State.
HISTORY: 2008 Act No. 331, Section 1, eff January 1, 2010.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 51 - Reduced Cigarette Ignition Propensity Standards And Firefighter Protection Act › Section 23-51-70. Promulgation of regulations; notification of unmarked certification by Department of Revenue.

(A) The State Fire Marshal may promulgate regulations pursuant to the Administrative Procedures Act necessary to effectuate the purposes of this chapter.
(B) The Department of Revenue in the regular course of conducting inspections of wholesale dealers, agents, and retail dealers, as authorized under Section 12-21-2860, may inspect the cigarettes to determine if they are marked as required by Section 23-51-50. If the cigarettes are not marked as required, the Department of Revenue shall notify the State Fire Marshal.
HISTORY: 2008 Act No. 331, Section 1, eff January 1, 2010.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 51 - Reduced Cigarette Ignition Propensity Standards And Firefighter Protection Act › Section 23-51-80. Examination of records.

To enforce the provisions of this chapter, the Attorney General, the Department of Revenue, and the State Fire Marshal, their duly authorized representatives and other law enforcement personnel are authorized to examine the books, papers, invoices, and other records of any person in possession, control, or occupancy of any premises where cigarettes are placed, stored, sold, or offered for sale, as well as the stock of cigarettes on the premises. A person in the possession, control, or occupancy of any premises where cigarettes are placed, sold, or offered for sale, is directed and required to give the Attorney General, the Department of Revenue, and the State Fire Marshal, their duly authorized representatives and other law enforcement personnel, the means, facilities, and opportunity for the examinations authorized by this section.
HISTORY: 2008 Act No. 331, Section 1, eff January 1, 2010.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 51 - Reduced Cigarette Ignition Propensity Standards And Firefighter Protection Act › Section 23-51-90. Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund established.

There is established in the State Treasury a special fund to be known as the "Reduced Cigarette Ignition Propensity Standards and Firefighter Protection Act Fund". The fund shall consist of all monies recovered as penalties under Section 23-51-60. The monies must be deposited to the credit of the fund and, in addition to any other monies made available for such purpose, must be made available to the State Fire Marshal to support fire safety and prevention programs.
HISTORY: 2008 Act No. 331, Section 1, eff January 1, 2010.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 51 - Reduced Cigarette Ignition Propensity Standards And Firefighter Protection Act › Section 23-51-100. Manufacture of cigarettes for sale in another state or outside the United States.

Nothing in this chapter may be construed to prohibit a person or entity from manufacturing or selling cigarettes that do not meet the requirements of Section 23-51-30 if the cigarettes are or will be stamped for sale in another state or sold in North Carolina, or are packaged for sale outside the United States, and that person or entity has taken reasonable steps to ensure that the cigarettes will not be sold or offered for sale to persons located in this State.
HISTORY: 2008 Act No. 331, Section 1, eff January 1, 2010.
2023 South Carolina Code of Laws › Title 23 - Law Enforcement and Public Safety › Chapter 51 - Reduced Cigarette Ignition Propensity Standards And Firefighter Protection Act › Section 23-51-110. Effect of adoption of federal standard.

This chapter is effective until repealed or a federal reduced cigarette ignition standard is adopted and becomes effective.
HISTORY: 2008 Act No. 331, Section 1, eff January 1, 2010.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-10. Construction of references to "State Penitentiary," "Penitentiary," and "Director of the Department of Corrections".

Wherever in the Code of Laws of South Carolina, 1976, reference is made to the State Penitentiary or Penitentiary, it shall mean the Department of Corrections or an institution of the Department of Corrections; and wherever reference is made to the Director of the Department of Corrections, it shall mean Commissioner of the Department of Corrections.
HISTORY: 1975 (59) 74.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-20. Declaration of policy.

It shall be the policy of this State in the operation and management of the Department of Corrections to manage and conduct the Department in such a manner as will be consistent with the operation of a modern prison system, and with the view of making the system self-sustaining, and that those convicted of violating the law and sentenced to a term in the State Penitentiary shall have humane treatment, and be given opportunity, encouragement and training in the matter of reformation.
HISTORY: 1962 Code Section 55-291; 1960 (51) 1917.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-30. Department of Corrections created; functions.

There is hereby created as an administrative agency of the State government the Department of Corrections. The functions of the Department shall be to implement and carry out the policy of the State with respect to its prison system, as set forth in Section 24-1-20, and the performance of such other duties and matters as may be delegated to it pursuant to law.
HISTORY: 1962 Code Section 55-292; 1960 (51) 1917.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-40. Department to be governed by appointed director; filling of vacancies; director subject to removal.

The department shall be governed by a director appointed by the Governor with the advice and consent of the Senate. Any vacancy occurring for any cause shall be filled by the Governor in the manner provided for by law for the unexpired term. The director shall be subject to removal from office as provided in Section 1-3-240.
HISTORY: 1962 Code Section 55-293; 1960 (51) 1917; 1993 Act No. 181, Section 373.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-90. Director authorized to make rules and regulations.

The director shall have authority to make and promulgate rules and regulations necessary for the proper performance of the department's functions.
HISTORY: 1962 Code Section 55-298; 1960 (51) 1917; 1993 Act No. 181, Section 374.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-100. Qualifications of director of prison system.

The director shall possess qualifications and training which suit him to manage the affairs of a modern penal institution.
HISTORY: 1962 Code Section 55-299; 1960 (51) 1917; 1993 Act No. 181, Section 375.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-110. Employment and discharge of other personnel.

(A) The duty of the director shall extend to the employment and discharge of such persons as may be necessary for the efficient conduct of the prison system.
(B) In order to positively impact the retention of qualified correctional officers, and notwithstanding any provision of law to the contrary, the Director of the Department of Corrections is authorized to expend nonappropriated funds for the purpose of providing certain services to correctional officers at no cost or at a reduced cost. These services may include, but are not limited to, haircuts, cleaning of agency uniforms, and other services that relate directly to job requirements for correctional officers. These services may be provided by inmates incarcerated within the department. The price for the services, if any, shall be determined by the Director of the Department of Corrections. Any funds generated by these activities may be retained by the department and applied to costs associated with the operation of correctional officer retention incentives.
HISTORY: 1962 Code Section 55-300; 1960 (51) 1917; 1993 Act No. 181, Section 376; 2008 Act No. 353, Section 2, Pt 14.E, eff July 1, 2009.
Effect of Amendment
The 2008 amendment designated subsection (A) and added subsection (B) relating to employee retention.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-120. Bonds of director and other personnel.

The director shall execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of his office and the accurate accounting for all moneys and property coming into his hands; and he may require of other officers, employees and agents of the prison system a good and sufficient bond in such sum as it may determine upon, payable to the State upon like conditions. Such bonds shall be executed by a surety company authorized to do business under the laws of this State, and the premium on any such bond shall be paid by the State out of the support and maintenance fund of the prison system.
HISTORY: 1962 Code Section 55-301; 1960 (51) 1917; 1993 Act No. 181, Section 377.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-130. Management and control of prison system.

The director shall be vested with the exclusive management and control of the prison system, and all properties belonging thereto, subject to the limitations of Sections 24-1-20 to 24-1-230 and 24-1-260 and shall be responsible for the management of the affairs of the prison system and for the proper care, treatment, feeding, clothing, and management of the prisoners confined therein. The director shall manage and control the prison system.
HISTORY: 1962 Code Section 55-302; 1960 (51) 1917; 1993 Act No. 181, Section 378.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-140. Director empowered to make rules and regulations; separation and classification of prisoners.

The director shall have power to prescribe reasonable rules and regulations governing the humane treatment, training, and discipline of prisoners, and to make provision for the separation and classification of prisoners according to sex, color, age, health, corrigibility, and character of offense upon which the conviction of the prisoner was secured.
HISTORY: 1962 Code Section 55-303; 1960 (51) 1917; 1993 Act No. 181, Section 379.