SC S1137 | 2009-2010 | 118th General Assembly

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 2-0)
Status: Passed on July 6 2010 - 100% progression
Action: 2010-07-06 - Act No. 242

Summary

AN ACT TO AMEND SECTION 44-53-398, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONITORING THE SALE OF PRODUCTS CONTAINING EPHEDRINE OR PSEUDOEPHEDRINE, SO AS TO ALSO MONITOR PHENYLPROPANOLAMINE AND THE SALE AND PURCHASE OF THESE PRODUCTS, TO ALSO MAKE IT ILLEGAL TO PURCHASE CERTAIN AMOUNTS OF THESE PRODUCTS IN CERTAIN TIME PERIODS, TO PROVIDE THAT INFORMATION GATHERED FROM THE PURCHASER AT THE TIME OF THE SALE OF THESE PRODUCTS MUST BE ENTERED IN AN ELECTRONIC LOG, RATHER THAN A WRITTEN LOG, TO PROVIDE THAT THE INFORMATION MUST BE TRANSMITTED TO A DATA COLLECTION SYSTEM THAT MUST COLLECT THIS DATA IN REAL TIME AND THAT MUST GENERATE A STOP SALE ALERT IF THE SALE WOULD RESULT IN A VIOLATION, TO PROVIDE THAT A RETAILER WHO RECEIVES A STOP SALE ALERT MUST NOT COMPLETE THE SALE UNLESS BODILY HARM IS FEARED, TO REQUIRE ALL SALES TO BE REPORTED TO THE COLLECTION SYSTEM UNLESS THE SYSTEM IS NOT OPERATIONAL AND TO PROVIDE IMMUNITY AND PROCEDURES FOR DELAYED SUBMISSION OF THIS DATA, TO PROVIDE AN EXEMPTION FROM THE ELECTRONIC LOG REQUIREMENT FOR CERTAIN RETAILERS, TO PROVIDE PROCEDURES AND PENALTIES FOR NONCOMPLIANCE FOR THOSE KEEPING WRITTEN LOGS, AND TO REQUIRE THE SHERIFF OR CHIEF OF POLICE TO MONITOR RETAILERS FOR COMPLIANCE WITH SALE AND PURCHASE REPORTING REQUIREMENTS; AND BY ADDING ARTICLE 14 TO CHAPTER 3, TITLE 23 SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION (SLED) SHALL HAVE AN ELECTRONIC MONITORING SYSTEM WHICH WILL SERVE AS THE REPOSITORY FOR INFORMATION THE DATA COLLECTION SYSTEM GATHERS AND TRANSFERS TO SLED PERTAINING TO THE SALE AND PURCHASE OF PRODUCTS CONTAINING EPHEDRINE, PSEUDOEPHEDRINE, AND PHENYLPROPANOLAMINE, TO PROVIDE THAT SLED'S SYSTEM MUST HAVE CERTAIN CAPABILITIES, TO PROHIBIT IMPOSING FEES ON RETAILERS AND LAW ENFORCEMENT FOR ACCESS TO THE DATA REPORTING AND COLLECTION SYSTEM, TO PROVIDE THAT THE INFORMATION IN SLED'S SYSTEM IS CONFIDENTIAL, TO AUTHORIZE SLED AND RETAILERS TO PARTICIPATE IN OTHER DATA COLLECTION SYSTEMS, AND TO REQUIRE SLED TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE NATIONAL ASSOCIATION OF DRUG DIVERSION INVESTIGATORS, AS THE DATA COLLECTION SYSTEM, AND TO PROVIDE PROCEDURES, CERTAIN CONTENTS OF THE MEMORANDUM, AND ROLES AND RESPONSIBILITIES OF THE PARTIES. - ratified title

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Title

Provide That The State Law Enforcement Division (sled) Shall Have An Electronic Monitoring System Which Will Serve As The Repository For Information The Data Collection System Gathers And Transfers To Sled Pertaining To The Sale And Purchase Of Products Containing Ephedrine, Pseudoephedrine, And Phenylpropanolamine, To Provide That Sled's System Must Have Certain Capabilities, To Prohibit Imposing Fees On Retailers And Law Enforcement For Access To The Data Reporting And Collection System, To Provide That The Information In Sled's System Is Confidential, To Authorize Sled And Retailers To Participate In Other Data Collection Systems, And To Require Sled To Enter Into A Memorandum Of Agreement With The National Association Of Drug Diversion Investigators, As The Data Collection System, And To Provide Procedures, Certain Contents Of The Memorandum, And Roles And Responsibilities Of The Parties. - Ratified Title

Sponsors


History

DateChamberAction
2010-07-06 Act No. 242
2010-06-28 Effective date See Act for Effective Date
2010-06-14 Became law without Governor's signature
2010-06-07 Ratified R 309
2010-06-01 Roll call Yeas-97 Nays-0 HJ-97
2010-06-01 Concurred in Senate amendment and enrolled HJ-97
2010-05-26 Returned to House with amendments SJ-104
2010-05-26 House amendment amended SJ-104
2010-05-20 Read third time and returned to Senate with amendments HJ-13
2010-05-19 Read second time HJ-29
2010-05-19 Amended HJ-29
2010-05-19 Debate adjourned HJ-17
2010-05-18 Debate adjourned until Wednesday, May 19, 2010 HJ-157
2010-05-06 Committee report: Favorable with amendment Judiciary HJ-8
2010-03-16 Referred to Committee on Judiciary HJ-145
2010-03-16 Introduced and read first time HJ-145
2010-03-11 Read third time and sent to House SJ-11
2010-03-10 Read second time SJ-21
2010-03-10 Committee Amendment Adopted SJ-21
2010-03-09 Committee report: Favorable with amendment Medical Affairs SJ-14
2010-02-03 Referred to Committee on Medical Affairs SJ-26
2010-02-03 Introduced and read first time SJ-26

Same As/Similar To

H4544 (Similar To) 2010-02-16 - Referred to Committee on Judiciary HJ-3

Code Citations

ChapterArticleSectionCitation TypeStatute Text
4453398(n/a)See Bill Text

South Carolina State Sources


Bill Comments

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