118th South Carolina General Assembly Summary 2009 - 2010

Aug 20, 2010

The 118th Session of the South Carolina Legislature opened on January 14, 2009 and adjourned Sine Die on June 29, 2010. There were fifty bills of interest to South Carolina PBA members followed during this session. Of those fifty bills, six passed. The Governor vetoed three of the five passed bills. One of the vetoes was overridden by the Legislature.

Below is a listing of the passed bills and a few of the selected bills we had followed that failed to receive approval.

PASSED BILLS

SB 217 - Provides for modifications of Jail operations. Passed: Act 237

HB 3377 - Allows for Federal officers to arrest for state law violations. Passed: Act 43

HB 3378 - Provides for state employee furloughs. Passed: Act 8

HB 4172 - Provides for Counties to furlough employees. Passed, Vetoed by Gov.,
Veto Overridden. Act 283

Passed but Vetoed by Governor

SB 19 Campus Security
To amend the code of laws of South Carolina, 1976, by adding section
59-116-45 so as to provide that every police/security department shall
implement policies and procedures to govern their operations; to amend
sections 59-116-10, 59-116-20, 59-116-30, 59-116-50, 59-116-60, 59-116-80,
59-116-100, and 59-116-120, relating to the establishment, powers, and
operation of campus security departments.

SB 962 Deputy Coroners
Provide that a deputy coroner may be trained and classified as a class III officer, and provide that a deputy coroner who is a class III officer may not enforce the state's general criminal laws; and to amend section 17-5-130, relating to qualifications for a person to become a coroner, so as to revise the list of qualifications, to establish the procedures for
filing to become a candidate for the office of coroner, and to provide the
qualifications for a person to become a deputy coroner.

FOLLOWED BILLS THAT FAILED

HOUSE

H 3249: Sovereign immunity
This bill requires defines “scope of official duty” with regard to immunity

H 4331: Injured LEO paid administrative leave
This bill provides for officers injured on-duty by assault be provided at least 180 days paid administrative leave prior to use of any “sick leave.”

H 4553: Statewide Arrest Powers
To provide that a law enforcement officer who is operating his law enforcement vehicle outside his jurisdiction may stop another vehicle, issue a traffic ticket, or make an arrest under certain circumstances.

H 4701 Civil Lawsuit Immunity
This bill provides that in any civil conspiracy lawsuit brought upon a state employee, if the court finds that the employee was acting within the scope of the employee's official duties, the employee is immune from suit, liability, and damages from the civil claim.

H 4826 Probation & Parole to Dept. of Corrections (S 1234)
This bill transfers all functions, powers, duties, responsibilities and authority statutorily exercised by the department of probation, parole and pardon services to the department of corrections.
S 1234 Probation & Parole to DOC
(H 4826 companion bill)

H 4919 Illegal Alien Enforcement (S 1446)
This bill provides for procedures for verification of a person's immigration status under certain circumstances and to provide for the warrantless arrest of persons suspected of being present in the United States unlawfully.
S 1446 Illegal Alien Enforcement
(Companion to H 4919)

SENATE

S 53: Right to work
Prohibit mandatory union membership

S 96: Vehicle stop info collection
Requires officers to collect and maintain certain info on each vehicle stop

S 187: Disability health plans
Allow to keep health plan if duty related disability

S 212: Up Retirement from 28 to 30 years
Would require 30 years of service for full retirement

S 282: Warrant issue to law officer only
Would allow only law officers to obtain arrest warrants

S 294: Law enforcement pay study
Direct state human resources to conduct pay study of state law enforcement

S 925: Retirement sick leave credit increase
This bill increases the amount of sick leave toward retirement from 90 to 120 days.

S 1207: Homestead Exemption to EMTs
To extend to emergency medical technicians who are permanently and totally disabled as a result of a service-connected disability and their surviving spouses the homestead exemption allowed similarly disabled veterans of the armed forces, law enforcement officers, and firefighters.

S 1288 Campus LEO Appeals
This bill provide that the board of trustees of public or private educational institutions shall be the employer of the supervisory officer of the security or law enforcement department, to provide for the review process of adverse action taken against the supervisory officer, and to provide that non-law enforcement personnel shall not interfere with the official duties of campus officers.

Full text of any bill can be viewed at: http://www.scstatehouse.gov