South Carolina 119th General Assembly End of Session Report

Jul 3, 2011

The South Carolina Police Benevolent Association is committed to keeping you informed of legislation that may affect your work-life, pay and benefits.  The Governmental Affairs department will be providing periodic updates on the actions of the South Carolina General Assembly while in session. Included is a summary of bills of interest introduced during last month, as well as updates on those reported in the previous reports.

Reporting of these bills are information purposes only, to you as a PBA law enforcement professional, and do not reflect the PBA’s support or opposition on any specific bill.

Check back frequently for updates on these and bills introduced as the Legislature continues their work.

To read text of listed bills click on the SC General Assembly link below then enter bill #.

http://www.scstatehouse.gov/

Bills of Interest: PASSED


Senate 20: Illegal Alien Verification (see H 3129)
Introduced: 12/1/2010
Current location: Ratified R-103 (6/22/11)
This bill would require officer to verify illegal status upon probable cause.

Other Bills of Interest (Died in Committee location indicated)

Labor


H 4194 Public Employee Collective Bargaining Prohibition
Introduced: 5/5/2011
Current Location: Judiciary
This bill would outlaw collective bargaining by public employees.


H 3501 Payroll Deduction for FOP Dues
Introduced: 1/27/11
Current location: H Ways & Means
This bill would provide for payroll deduction for FOP dues for state LEO


S 318: Whistleblower Protection
Introduced: 12/15/2010
Current location: S Judiciary
This bill would remove the one-year limitation on the period during which the employee is protected from adverse employment actions for retaliation against an employee who reports a violation of state or federal law or regulation.


H 3796 Criminal Justice Review Commission
Introduced: 3/3/11
Current location: Judiciary
This bill would create a commission to review the criminal justice system

 
Benefits


H 3424 / S 392 Firefighter Work related Disease Coverage
Introduced: 1/25/11 (H) / 1/19/11 (S)
Current location: H/S Judiciary
These bills attempt to set that certain diseases are “presumed” to be work related for the purpose of workers comp.


H 3500 Injured on Duty Paid Leave
Introduced: 1/27/11
Current location: H Ways & Means
This bill would mandate for local LEO 180 days of paid leave before sick leave use for injuries from “attack” while performing duties.


S 531 State Retirement System Replacement
Introduced: 2/9/2011
Current location: Finance
This bill would change the South Carolina Police Officers Retirement System (and others), from a defined benefit to a defined contribution plan.


H 3888 State Leave Transfer
Introduced: 3/9/11
Current location: Ways & Means
This bill would allow state employees to transfer leave to another specific employee


S 856 First Responder Health
Introduced: 4/28/11
Current location: Finance
This bill would provide health coverage to first responders contracting HIV/Aids on the job

 
Firearms


H 3292 Concealed Carry Modifications
Introduced: 1/12/11
Current location: H Judiciary
This bill seeks to revise several provisions of the concealed carry law.


S 249: SC Firearms Freedom Act
Introduced: 12/8/2010
Current location: S Judiciary
This bill provides that a firearm, firearm accessory, or ammunition manufactured and retained in South Carolina is exempt from federal regulation.


H 3639: Concealed Carry Modifications
Introduced: 2/9/2011
Current location: Judiciary
This bill would delete the provision that prohibits a permit holder from carrying a concealed weapon into certain places.


H 3664: Take a Gun to Work Law
Introduced: 2/10/2011
Current location: Judiciary
This bill prohibit a business entity, property owner, or public or private employer from creating or maintaining a policy which prohibits a person from storing legally possessed ammunition or a firearm in an enclosed compartment or area with the person's privately-owned locked motor vehicle.

 
Law Enforcement Profession Issues

 
H 3129: Illegal Alien Verification (see S 20)
Introduced: 12/8/2010
Current location: H Judiciary
This bill is similar to S 20, but additionally provides for warrantless arrest of verified illegals.


House 3126: Interrogation Video
Introduced: 12/8/2010
Current location: House Judiciary
This bill will provide that certain statements made during a custodial interrogation must be video recorded and other relative issues.


H 3773 Create a State Police
Introduced: 3/2/11
Current location: Judiciary
This bill would create a SC State Police


H 3789 Extra-Territorial Jurisdiction
Introduced: 3/3/11
Current location: Judiciary
This bill would expand extra-territorial jurisdiction to 5 miles


H 4007 Create a Department of Law Enforcement and Public Safety
Introduced: 3/31/11
Current location: Judiciary
This bill would create a Department of Law Enforcement and Public Safety


S 928 Assistant Attorneys General
Introduced: 5/26/2011
Current Location: Judiciary
This bill would create state-wide law enforcement arrest powers within the Attorney General’s Office

 
Legal


H 3210: Change of Venue LEO Trials
Introduced: 12/14/2010
Current location: H Judiciary
This bill provide that if a person charged with a criminal offense is a law enforcement officer, magistrate, or circuit judge, it is rebuttably presumed that a fair and impartial trial cannot be obtained in a county in which the defendant served and that the venue in this case must be changed to another county.

 
S 507: Change of Venue LEO Trials
Introduced: 2/3/2011
Current location: Judiciary
This bill would provide that if a person charged with a criminal offense is a law enforcement officer, magistrate, or circuit judge, it is rebuttably presumed that a fair and impartial trial cannot be obtained in a county in which the defendant served and that the venue in this case must be changed to another county (See H 3210).
 

S 674 & 676 Duel Officeholder
Introduced: 3/9/11
Current location: Judiciary
This bill would permit an officer to retain current employment AND hold elected office in a different jurisdiction