Pee Dee FOP Lodge #25
Darlington, South Carolina
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  • Legislative update
    Posted On: Jun 21, 2018

    South Carolina Fraternal Order of Police

    Legislative Update

    _________________________________________________________________________________________

     

    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

     

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