Columbia, S. C. - Governor Jim Hodges today released plans for his homeland security legislative package. During a news conference in Columbia, the Governor encouraged a bipartisan effort in the House and Senate this session to pass strong security legislation for the state.

"Our collective challenge now is to ensure that we are better and stronger than we were before September 11," Hodges said. "I am urging members of the South Carolina General Assembly to enact legislation that further prepares our state to detect, prevent, protect and recover from terrorist attacks within South Carolina and the United States."

On October 17, 2001, Governor Hodges established the Governor's Security Council to examine and assess the state's security and anti-terrorism resources. The council, chaired by the state's homeland security adviser, General Steve Siegfried, has been charged with developing a comprehensive strategy to secure South Carolina from terrorist threats. While a formal report from the council has not yet been issued to the Governor, the legislative package has been developed from research and recommendations from state agencies, private citizens and companies, and President Bush's Office of Homeland Security.

Following is brief summary of the Governor's homeland security legislative package.



Computer Crimes

I want to make sure that our law enforcement personnel have the resources to adapt to a rapidly change world. New enhanced subpoena powers are needed to get timely information from records repositories, service providers, internet, financial, telephone, and hotel records.

Wire-tapping

I want to provide law enforcement with the necessary tools to track, apprehend, and bring to justice those who would commit such heinous crimes against us. I am proposing language for wire-tapping, with appropriate judicial oversight, allowing South Carolina Law Enforcement agencies this authority to help prevent and detect terrorism and associated activities. Additionally, I am proposing language to allow law enforcement agencies to perform expedited record checks in an emergency situation.

Weapons of Mass Destruction

I am also intent on expanding our current bomb laws to increase the penalty and include terrorism, hoax, murder, injury, and conspiracy. My homeland security package adds new language to address possession, manufacture, possession with intent to distribute, making or developing a weapon of mass destruction, and makes it illegal to make, possess or use weapons of mass destruction against people, animals, property or the environment. Additionally, it would make it illegal to possess restricted biological agents, and requires police officers encountering restricted biological agents to notify local health officials.

Forfeiture

All property used, proceeds derived from, for the furtherance of a terrorist act would be subject to forfeiture proceedings by the state.

Law Enforcement Personnel

Increased personnel, training, and upgraded emergency equipment for law enforcement, fire, and rescue workers. Percentage of new personnel will be assigned to work with local law enforcement to collect intelligence information, and used in the preventive effort towards the furtherance of homeland security.

Freedom of Information

A narrow exception would be allowed to ensure that federal government is not restricted from sharing information with the state because of confidentiality issues. This would enable state and federal law enforcement to effectively share all information during an investigation.

Bioterrorism

We must develop a reporting & tracking mechanism of anyone or any entity, which purchases or has access to microorganisms (hospitals, microbiological laboratories, environmental laboratories, and government laboratories).

Language, based in part on the Model State Emergency Health Powers Act, is being circulated for comments from interested parties by the Department of Health and Environment Control. Once these comments have been incorporated into the draft, legislation will be forwarded to the General Assembly for approval.

Agroterrorism

There is a need to establish a state registry of fertilizer manufacturers and distributors. Regulations of aerial applicators of pesticides should be strengthened. Regulation and restrictions on ammonium nitrate and urea and licensing of individuals to purchase and sell these products should be implemented.

Tighter security for storage and reporting of all "large" sales of certain pesticides and fertilizers. And increased precautions should be established for large wholesalers/owners of these facilities.

Chemical Research

Establish State Registry of facilities that may deal with dangerous chemical and biological agents

Mass transportation

To protect citizens as they work and travel, I propose making it illegal to place weapons of mass destruction near facilities, vehicles, vessels, or any other area; and to increase penalties to injure or threaten driver/captain of conveyance. The use of any conveyance for furtherance of terrorist act; biologicals, chemicals, nuclear material would bring increased penalties.

Designate special routes and other requirements for all motor carriers or drivers seeking to transport hazardous materials through South Carolina.

Designate screening criteria for people who seek to register for aviation training at private flight schools.


Emergency Preparedness Division

Finally, I again propose elevating the Emergency Preparedness Division to a cabinet level position being directly accountable to me. Because of the tremendous coordination required between the Governor's Office and EPD, this move would provide for a greater level of communication and coordination.