South Carolina Fraternal Order of Police
Legislative Update
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OVERVIEW
Ÿ
RAFFLES (S.812) by Senator Hembree and amends Section 33-57-120 dealing with
raffles conducted by nonprofit organization for charitable purposes. The
proposed language increases the value of the noncash prizes allowed for these
raffles from $500 to $950 and also increases the allowance for the price of a
raffle ticket from $100 to $300. This bill has passed the Senate and House and is enrolled for
ratification.
Ÿ PAWNBROKERS (S.810) by Senator
Hembree. The bill addresses the pawn shop issue created when statute was
adopted that changed law enforcement’s ability to place a written hold order on
property they believe is misappropriated or stolen. The new language outlines
several items to include, but not limited to, types of records a pawn broker
must maintain (photos, thumbprints, etc.), fees, and allowing a municipality or
county to enact local regulations requiring pawnshops operating in the municipality or county to provide or transfer pawn
records by electronic data transfer to a law enforcement database. S.810 has passed the Senate and House and is enrolled for
ratification.
Ÿ Hearing Officers
for Contested Case Hearings (H.4479) by
Reps Tallon, Hixon and W. Newton. This legislation authorizes the law
enforcement training council to appoint attorneys to sit as hearing officers
for contested case hearings. Under the proposed language, no person who has a
pending misconduct allegation could be employed as a law enforcement officer,
employed as a telecommunications operator, have the authority of a law
enforcement officers, perform any duties of a law enforcement officer, or
exercise the power of arrest until a decision authorizing the person to be so
employed is made. Once an officer requests a hearing, that hearing must be held
within 60 days. This bill has
passed the Senate and House and enrolled for ratification.
Ÿ
APPROPRIATIONS BILL (H.4950)
PTSD INITIATIVE FUNDED FOR FY17-18.
Funds have been distributed to and received by the State Law Enforcement
Division (SLED) for SCLEAP and FAST team programs. PTSD INITIATIVE IN
FY18-19. The
House Ways and Means Committee met and did not include the funding in their
recommended budget proposal. Additional
efforts to acquire funding will occur throughout the process. Historically,
funding for the PTSD initiative has been provided by the Senate. The Senate Finance Committee provided funding $500,000 for
the PTSD programs for first responders and law enforcement. Senate funded the
proviso at $500,000. The House placed $1 on the line for PTSD funding. The
difference will be resolved in Conference Committee which will meet on Tuesday,
May 15, 2018. The General Assembly is scheduled to return to Columbia May 23
through 25, 2018 to take up Conference Reports.
Ÿ
APPROPRIATIONS BILL (H.4950)
RETIREMENT - The
Public Safety Coalition submitted a return to work solution to the Senate
Finance Committee for inclusion in the budget bill. The request submitted was
the same language requested in S.828 which does not increase the cost to
the system, employees or employers and will even provide a small gain to the
system. The recommendation allows any PORS member that retired prior to
December 31, 2017 to return to work without a salary limitation/cap. Several
Committee members met with the Coalition and agreed to add the Return to Work
language in a proviso. After much debate, provisos dealing with return to work
were voted down. There was a return to work proviso offered by Senator Hembree;
however, the provision was ruled out of order by the President of the Senate
because it was determined to change permanent law. The
House placed an amendment on the Budget which includes eliminating the salary
limitation for retired law enforcement officers returning to work as SRO’s.
The Public Safety Coalition worked with Representatives Pope and Tallon to
produce an amendment that eliminates the salary cap for all PORS and SCRS
members who were retired on or before December 31, 2017 which was also adopted
in the House budget. Because there is no such amendment in the Senate budget,
the difference will be resolved in Conference Committee which will meet on
Tuesday, May 15, 2018. The General Assembly is scheduled to return to Columbia
May 23 through 25, 2018 to take up Conference Reports.
Ÿ RETIREMENT -
The Public Safety Coalition met with the Governor’s staff and were informed
that the Governor supports keeping PORS members in a Defined Benefits
Retirement Plan rather than requiring new members to move to a Defined
Contributions Retirement Plan (401K type plan).
Although several pieces of legislation were introduced none passed requiring a
Defined Contributions plan. The Defined Benefits plan remains in effect.
Ÿ HYCO (S.6) by Senator Bryant increasing penalties
when injuring or killing police animals to more closely align with federal
penalties. Also provides for restitution and community service options when
sentencing. Full House
Judiciary passed the bill out of favorably. S.6 was on the Contested House
Calendar up for second reading; however, was recommitted to House
Judiciary.
BILLS
H.3014 PRIVATE
INFORMATION ON SOCIAL MEDIA Rep. McKnight This bill provides that anyone
harmed by the malicious publication of photographs on a social media website
could file a lawsuit under the provisions of this proposed bill.
1/10/17 Introduced
and read first time and referred to Judiciary
H.3187 FIRST
RESPONDER HANDGUN CARRY Rep. Burns This bill grants emergency medical
service providers, firefighters, and other first responders, working during an
emergency, an exemption from the offense of unlawfully carrying a handgun,
under certain delineated circumstances.
1/10/17 Introduced
and read first time and referred to Judiciary
H.3206 (Similar
S.87) ASSAULTING LAW ENFORCEMENT OFFICERS Rep. Pope This bill addresses
assault and battery of a high and aggravated nature. This bill includes
assaults on a federal, state, or local law enforcement officer or corrections
officer in the discharge of, or because of, their official duties under this
criminal offense.
1/10/17 Introduced
and read first time and referred to Judiciary
H.3240 NATIONAL CONCEALED
WEAPONS PERMIT RECIPROCITY ACT Rep. Clemmons
Would enact the "National Concealed Weapons Permit Reciprocity Act."
Valid out-of-state concealed weapons permit holders must be allowed to carry
their permitted weapon in our state.
1/10/17 Introduced
and read first time and referred to Judiciary
2/14/17 Discussed
in House Judiciary Committee (passed out favorably)
2/21/17 House
Calendar
3/1/17 Debate
Adjourned
5/3/17 House
Calendar. Read 2nd time.
5/4/17 House
Calendar. Read 3rd time and sent to Senate.
H.3259 (similar
to S.117) LAW ENFORCEMENT OFFICER MENTAL EVALUATION REQUIREMENTS Rep.
King All law enforcement officers would be required to undergo a mental
health evaluation before they could be certified or recertified. These
evaluations must be conducted under the direction of the Law Enforcement
Training Council.
1/10/17 Introduced
and read first time and referred to Judiciary
H.3409 FREE
ADMISSION TO MUSEUM Rep. Huggins
Bill provides
that a SC resident who is a constable, reserve officer, police officer, member
of the state guard, or volunteer firefighter may enter the State museum without
charge.
1/11/17 Introduced
and read first time and referred to Ways and Means
H.3523 WORKERS
COMPENSATION - PTSD Rep. McCoy
This bill revises
the definitions of "injury" and "personal injury" in
workers’ compensation law to modify the requirements for first responders
seeking workers’ compensation for personal injury caused by post traumatic
stress disorder arising from his direct involvement in a significant traumatic
experience.
1/18/17 Introduced
and read first time and referred to Judiciary
H.3930 CONSTITUTIONAL
HANDGUN CARRYING by Pitts, Delleney, et. al. Prohibits anyone from
carrying a handgun certain places without the permission of its owner, or a
person in control of the premises. Revises sections relating to unlawful and
lawful handgun possession, including on public school property. Also revises
the issuance of concealable weapon permits [CWP’s]. CWP’s would not be required
in order for residents to carry weapons, whether concealed or openly, in South
Carolina. Carrying handguns with an unlawful intent would remain illegal.
Out-of-state visitors to South Carolina, who have a valid concealed weapons
permit from their state, could carry in South Carolina as well, so long as they
do so in compliance with our state laws.
3/7/17 Introduced
and read the first time and referred to House Judiciary
3/22/17 Discussed
in Judiciary and reported out favorably
4/4/17 Up
for debate on House Floor.
4/6/17 Read
3rd time and sent to the Senate.
4/11/17 Read
1st time and referred to Senate Judiciary.
H.4602 ADMINISTERING OF
OPIOIDS ANTIDOTE by Rep. Henderson The bill requires hospital emergency
physicians and pharmacists to submit certain information to the Department of
Health and Environmental Control for inclusion in the prescription monitoring
program when a person is administered an opioid antidote. The bill also added
language stating that a first responder who administers an opioid antidote
shall report to the DHEC Bureau of Drug Control regarding the opioid antidote
administered for inclusion in the prescription monitoring program. The Bureau
of Drug Control will maintain data on the administering of opioid antidotes by
first responders.
1/10/18 House
Introduced and read first time
1/10/18 House
Referred to Committee on Medical, Military, Public and Municipal Affairs
H.4936 (INCOME TAX
DEDUCTION) by Representative Pitts includes components from Governor
McMaster’s 2018-19 Executive Budget which proposes tax relief for South
Carolinians in the form of: A 1% rate reduction over five
years for all personal income tax brackets, which will result in $2.2 billion
in taxpayer savings through the course of implementation, starting with an
immediate $139 million cut that is paid for and certified in this budget; an
immediate and full retirement income exemption for military veterans and first
responders, including retired state and federal law enforcement, firefighters
and peace officers, representing $22 million in relief the first year.
2/14/18 Introduced
and read first time and referred to House Ways and Means
H.5000 (OPTIONAL
SHARED-RISK RETIREMENT PLAN) by Reps. Lucas, Herbkersman and Bradley
was introduced on 2/22/18. Creates the Optional Shared-Risk Defined
Benefit Plan.
2/22/18 Introduced
and referred to the House Ways and Means Committee
S.6 (similar to
H.3243 by Rep. Collins) HYCO’S LAW Senator Bryant - This bill
provides increased penalties for injuring or killing a police dog or horse to
more closely align with federal penalties. Also provides for restitution and
community service options when sentencing.
1/10/17 Introduced
and referred to Agriculture and Natural Resources Committee
1/26/17 A
Full Agriculture and Natural Resources Committee meeting in room 209 Gressette
@ 10am RECOMMENDED ADOPTION OF S.6. The bill
moves to the floor of the Senate.
2/9/17 Passed
the Senate and sent to the House of Representatives
2/14/17 Referred
to House Judiciary
1/11/18 Bill
reported out of Subcommittee with amendment (retained the current language in
statute regarding the mandatory
minimum)
1/13/18 S.6
is on Full House Judiciary Calendar
4/17/18 S.6
is on House Contested Calendar up for second reading
S.54 SUBSISTENCE
DEDUCTIONS Senator Bennett, Campbell, Turner and Hembree: A bill to amend
several tax sections which includes increasing the subsistence deduction by one
dollar (from $8 to $9) a day for federal, state, and local law enforcement
officers paid by a political subdivision, the government of the state, or the
federal government, for each regular work day in a taxable year.
1/10/17 Introduced
and read first time and referred to Finance
S.164 (similar
S.174) POST TRAUMATIC STRESS DISORDER Senator Malloy: A bill providing
the definitions of “injury and personal injury in workers’ compensation and
provides a definition for first responder and modifies the requirements of such
an employee seeking PTSD arising from the first responder’s direct involvement
in a significant traumatic experience.
1/10/17 Introduced
and read first time and referred to Judiciary
S.174 (similar
S.164) POST TRAUMATIC STRESS DISORDER Senator Sheheen: A bill
providing the definitions of “injury and personal injury in workers’
compensation and provides a definition for first responder and modifies the
requirements of such an employee seeking PTSD arising from the first
responder’s direct involvement in a significant traumatic experience.
1/10/17 Introduced
and read first time and referred to Judiciary
S.504 (ASSAULT AND BATTERY)
by Sen (s) Climer, Young, Timmons et.al. The bill
creates the offenses of assault and battery of a high and aggravated nature on
a law enforcement officer, and assault and battery on a law enforcement officer
in the first, second, and third degrees; and to provide definitions and
penalties.
3/2/17 Introduced
and read first time and referred to Senate Judiciary
3/15/18 Referred
to Subcommittee
S.812 (RAFFLES)
by Senator Hembree and amends Section 33-57-120 dealing with raffles
conducted by nonprofit organization for charitable purposes. The proposed
language increases the value of the noncash prizes allowed for these raffles
from $500 to $950 and also increases the allowance for the price of a raffle
ticket from $100 to $300.
12/06/17
Senate Prefiled
12/06/17
Senate Referred to Committee on Labor, Commerce and Industry
1/09/18
Senate Introduced and read first time
1/09/18
Senate Referred to Committee on Labor, Commerce and Industry
1/31/18 Senate
LCI Subcommittee will met @ 10 am in room 307 Gressette.
2/8/18 Senate
LCI Committee will meet to debate S.812 @ 9am in room 308 Gressette (passed
out of Committee Favorably).
2/20/18 Senate Calendar
3/1/18 Passed by Senate and sent to House where it
was read the first time and referred to House Judiciary.
S.822 (RETIREMENT RETURN
TO WORK) by Senators Fanning and McLeod. The bill allows certified
teachers and law enforcement officers to return to work to covered employment
under the SC retirement System and Police Officers Retirement System exempting
them from the earnings limitation.
1/9/18 Introduced
and read the first time and referred to Senate Finance Committee
S.1028 (SHARED-RISK
RETIREMENT PLAN) by Sen(s) Bennett and Hembree was introduced on 2/20/18
Closes the SCRS to new members as of July 1, 2019 and establishes the South
Carolina Shared-Risk Defined Benefits Plan. (PORS excluded).
2/20/18 Introduced
and referred to Senate Finance Committee
S.1040 (DEFINED
CONTRIBUTIONS RETIREMENT PLAN) by Sen(s) Davis and Rice was
introduced on 2/22/18. Provides that beginning July 1, 2019, all new employees
that come into the state retirement system must participate in a defined
contribution plan.
2/22/18 Introduced
and referred to Senate Finance Committee
