H*5299(Rat #0289, Act #0236 of 2016)  General Bill, By G.M. Smith, J.E. Smith, 
Herbkersman, Huggins, Merrill, Anderson, Spires, McCoy, Limehouse, Collins, 
Stavrinakis, Bernstein, Riley, Bannister, Finlay, Weeks, Bingham, Rutherford, 
Kennedy, Newton, Horne, Cole, Jefferson, Williams and R.L. Brown

Similar(S 1263)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 25-1-445 SO AS TO REQUIRE THE DIRECTOR OF THE SOUTH CAROLINA EMERGENCY
 MANAGEMENT DIVISION TO DEVELOP A SYSTEM BY WHICH A PERSON WHO TRANSPORTS GOODS
 OR SERVICES, OR WHO ASSISTS IN THE RESTORATION OF UTILITY SERVICES CAN BE
 CERTIFIED FOR THE PURPOSE OF REENTRY INTO AN AREA SUBJECT TO A STATE OR LOCAL
 CURFEW, TO PROVIDE QUALIFICATIONS FOR CERTIFICATION, AND TO SPECIFY THE
 CIRCUMSTANCES UNDER WHICH A CERTIFIED PERSON IS ALLOWED TO REENTER OR REMAIN
 IN A CURFEW AREA. - ratified title

   04/28/16  House  Introduced and read first time (House Journal-page 40)
   04/28/16  House  Referred to Committee on Judiciary
                     (House Journal-page 40)
   05/03/16  House  Member(s) request name added as sponsor: Bingham,
                     Rutherford, Kennedy, Newton
   05/04/16  House  Member(s) request name added as sponsor: Horne,
                     Cole, Jefferson, Williams
   05/04/16  House  Recalled from Committee on Judiciary
                     (House Journal-page 17)
   05/05/16  House  Member(s) request name added as sponsor: R.L.Brown
   05/05/16  House  Read second time (House Journal-page 144)
   05/05/16  House  Roll call Yeas-102  Nays-0 (House Journal-page 144)
   05/05/16  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 145)
   05/06/16  House  Read third time and sent to Senate
                     (House Journal-page 1)
   05/11/16  Senate Introduced and read first time (Senate Journal-page 13)
   05/11/16  Senate Referred to Committee on General
                     (Senate Journal-page 13)
   05/18/16  Senate Recalled from Committee on General
                     (Senate Journal-page 5)
   05/24/16  Senate Amended (Senate Journal-page 73)
   05/24/16  Senate Read second time (Senate Journal-page 73)
   05/24/16  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 73)
   05/26/16  Senate Read third time and returned to House with
                     amendments (Senate Journal-page 22)
   05/31/16  House  Concurred in Senate amendment and enrolled
                     (House Journal-page 77)
   05/31/16  House  Roll call Yeas-83  Nays-0 (House Journal-page 77)
   06/02/16         Ratified R 289
   06/03/16         Signed By Governor
   06/09/16         Effective date 06/03/16
   06/09/16         Act No. 236

(A236, R289, H5299)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 25-1-445 SO AS TO REQUIRE THE DIRECTOR OF THE SOUTH CAROLINA EMERGENCY MANAGEMENT DIVISION TO DEVELOP A SYSTEM BY WHICH A PERSON WHO TRANSPORTS GOODS OR SERVICES, OR WHO ASSISTS IN THE RESTORATION OF UTILITY SERVICES CAN BE CERTIFIED FOR THE PURPOSE OF REENTRY INTO AN AREA SUBJECT TO A STATE OR LOCAL CURFEW, TO PROVIDE QUALIFICATIONS FOR CERTIFICATION, AND TO SPECIFY THE CIRCUMSTANCES UNDER WHICH A CERTIFIED PERSON IS ALLOWED TO REENTER OR REMAIN IN A CURFEW AREA.

Be it enacted by the General Assembly of the State of South Carolina:

Entry into area under curfew

SECTION    1.    Article 4, Chapter 1, Title 25 of the 1976 Code is amended by adding:

"Section 25-1-445.    (A)    The Director of the South Carolina Emergency Management Division shall develop a system by which a person who transports goods or services, or assists in ensuring their availability, and a person who assists in the restoration of utility or other services can be certified as such for the purpose of reentry into an area subject to a state or local curfew. The certification system shall be included in the State Emergency Plan.

(B)    Before certification, the employer must be in good standing with the South Carolina Secretary of State as a bona fide company doing business in South Carolina. The employer's status may be verified on the website maintained by the South Carolina Secretary of State. A certification of the employer constitutes a certification of the employer's employees.

(C)    Notwithstanding the existence of any curfew, a person who is certified pursuant to this section shall be allowed to reenter or remain in the curfew area for the limited purpose of transporting goods or services or assisting in the restoration of utility or other services. Nothing in this section shall prohibit law enforcement or local officials from denying access to an area in order to preserve, protect, or sustain the life, health, safety, or economic well-being of a person or property or from granting access as otherwise deemed necessary.

(D)    Nothing in this section shall limit the Governor's authority, when an emergency has been declared, to set, alter, or exceed the terms of any curfew."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 2nd day of June, 2016.

Approved the 3rd day of June, 2016.