South Carolina H 3968: Asset Forfeiture and Private Property Protection Act

Bill Text

2025-2026 Bill 3968 Text of Previous Version (Feb. 19, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3968

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 
29 TO CHAPTER 1, TITLE 1 SO AS TO PROVIDE FOR DEFINITIONS AND TO REQUIRE THE SC 
EMERGENCY MANAGEMENT DIVISION TO ADD DETAILED PLANS REGARDING HARDENING ALL CRITICAL 
INFRASTRUCTURE AGAINST ELECTROMAGNETIC PULSES OR GEOMAGNETIC DISTURBANCES, TO 
REQUIRE ELECTRICAL UTILITY DISTRIBUTORS IN THIS STATE TO OFFER PROGRAMS TO 
RESIDENTIAL CUSTOMERS WHO CHOOSE TO RECEIVE ELECTROMAGNETIC PULSE/GEOMAGNETIC 
DISTURBANCE PROTECTION FROM THE UTILITY AND TO PROVIDE FOR PAYMENT PLANS 
THROUGH THE CUSTOMERS' MONTHLY BILLS, AND TO PROVIDE FOR GRANTS; AND TO 
ESTABLISH THAT THE GENERAL ASSEMBLY SHALL MAKE CERTAIN APPROPRIATIONS.

Whereas, an electromagnetic 
pulse can be caused by a solar flare, also known as a coronal mass ejection, or 
a nuclear blast high up in the atmosphere that could be delivered via a 
suitcase-sized bomb on a weather balloon, satellite, or ballistic missile; and

Whereas, China, North 
Korea, Russia, and Iran are all very aware of the potential for disaster caused 
by an electromagnetic pulse, and some of them already have access to the 
technology to wreak havoc on their enemies; and

Whereas, the federal 
government is fully aware of this and has taken steps to protect military 
installations, but they are at least partially dependent on the civilian grid; 
and

Whereas, the "Carrington 
Event" describes the global impact on telegraph wires and communication by a 
solar flare on September 1, 1859, and there have been numerous flares since 
then, including May and September 2024; and

Whereas, if we had the 
dependence then on the electrical grid and silicon chips that we have today, 
the effects would have been far more life altering and lasting; and

Whereas, estimates from 
scientists who have studied this subject are that within one year, a highly 
significant number of humans could die based on the inability to restore 
critical infrastructure because it would not simply be "down," it would be 
destroyed and unable to operate; and

Whereas, with no power, no 
access to water or sewer systems, no hospitals, no pharmacies, no refrigeration 
of any kind, many who are dependent on daily medications or machines for 
survival would perish much sooner; and

Whereas, in the very recent 
past the State of South Carolina has experienced significant power outages due 
to both hurricanes and other major storms. Widespread availability of 
alternative energy sources could have mitigated some of the risk and alleviated 
pain and suffering of our residents throughout our State; and

Whereas, there are times 
when the State of South Carolina, in order to provide for the common defense, 
has a compelling interest to assure action by local municipalities, state 
agencies, and private enterprises that are essential to the protection of our citizens. 
Now, therefore,

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

SECTION 1. Chapter 1, Title 1 of the S.C. Code is amended by 
adding:

Article 29

Protect South Carolina's Citizens from the Effect of 
Electromagnetic Pulse

 Section 
1-1-1800. For purposes of this article:

 (1) 
"Critical infrastructure" means systems and assets, whether physical or 
virtual, so vital to this State that the incapacity or destruction of the 
systems and assets would have a debilitating impact on the security, economic 
security, or public health or safety, of South Carolina. This includes, but is 
not limited to, the facilities and assets located in this State belonging to or 
otherwise associated with the following entities: federal, state, and local 
governments, public utilities, healthcare, first responders, and public 
schools.

 (2) 
"Electromagnetic pulse" means a burst of electromagnetic energy that has the 
potential to negatively affect technology systems on Earth and in space. This 
may include human-made electromagnetic pulses and geomagnetic disturbances from 
the Sun as seen with the "Aurora Borealis" last spring and fall, and its 
interaction is measured in nanoseconds, far accelerated beyond that of a 
lightning strike.

 Section 
1-1-1810. (A)(1) The South Carolina 
Emergency Management Division (SCEMD) must provide a detailed outline within 
their current emergency preparedness plan that includes both steps to be taken 
to harden critical infrastructure from an electromagnetic pulse or geomagnetic 
disturbance, as well as alternative energy sources to provide independence for 
an extended period of time should the grid be incapacitated indefinitely.

 (2) 
This plan must be completed and distributed to all municipalities by January 1, 
2026.

 (B) 
All energy distr