Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ "section 1. section 23-1-210 of the 1976 Code, as last amended by act 3 of 2007, is further amended to read:
(A) Any municipal or county law enforcement officer may
be transferred or assigned on a temporary basis to work in law
enforcement within multijurisdictional task forces established
for the mutual aid and benefit of the participating
jurisdictions, or in any other municipality or county in this
State under the conditions set forth in this section, and when
so transferred or assigned shall have all powers and authority
of a law enforcement officer employed by the jurisdiction to
which he is transferred or assigned.
(B) Prior to any transfer
or assignment as authorized in subsection (A), the concerned
municipalities or counties shall enter into written agreements
stating the conditions and terms of the temporary employment of
officers to be transferred or assigned. The bond for any officer
transferred or assigned shall include coverage for his activity
in the municipality or county to which he is transferred or
assigned in the same manner and to the same extent provided by
bonds of regularly employed officers of that municipality or
county.
(C) Agreements made pursuant to subsection (B) shall
provide that temporary transfers or assignments shall in no
manner affect or reduce the compensation, pension, or retirement
rights of transferred or assigned officers and such officers
shall continue to be paid by the county or municipality where
they are permanently employed, with the sending county or
municipality being reimbursed for their services by the county
or municipality to which they are transferred or assigned.
(A) In accordance with Article VIII, Section 13 of
the South Carolina Constitution, the governing bodies of any
county, incorporated municipality, or other political
subdivision may agree with the State or with any other political
subdivision to establish multijurisdictional task forces for the
mutual aid and benefit of the participating jurisdictions.
However, before any law enforcement services can be performed
through a multijurisdictional task force, the concerned
municipalities or counties must enter into written agreements
stating the conditions and terms of the multijurisdictional task
force.
(B) Agreements made pursuant to subsection (A) shall provide
that the assignment of any officer to a multijurisdictional task
force shall in no manner affect or reduce the compensation,
pension, or retirement rights of any assigned officers and such
officers shall continue to be paid by the county or municipality
where they are permanently employed.
(C) Provided the conditions and terms of the agreements made
pursuant to subsection (A) are followed, the chief executive
officer of the law enforcement agency in the concerned
municipality or county shall have the authority to oversee the
multijurisdictional task force, manage multijurisdictional task
force resources, assign officers to multijurisdictional task
forces and determine the duration of his officer's assignment to
the multijurisdictional task force.
(D) As is provided in Section 23-13-10, deputy sheriffs serve at
the pleasure of the sheriff. Such pleasure not only entails how
long a deputy serves the sheriff, but also how the deputy serves
the sheriff. Therefore, the contracting authority of a county of
this state shall not be interpreted to limit the authority of or
obligate the personnel of the elected sheriff of the county. In
all cases, the sheriff shall maintain his statutorily provided
authority to enforce the laws of this state in the county to
which he has been elected."
SECTION 2. Chapter 20, title 23 of the 1976 Code is amended to read:
Section 23-20-10. This chapter may be cited as the 'Law Enforcement Assistance and Support Act'.
Section 23-20-20. As used in this
chapter:
(1) 'Law enforcement agency' means any
state, county, municipal, or local law enforcement authority
that enters into a contractual agreement for the procurement of
law enforcement support services.
(2) 'Law enforcement provider' means any
in-state or out-of-state law enforcement authority that provides
law enforcement services to a law enforcement agency pursuant to
this chapter.
(3) 'Law enforcement services' means any
law enforcement assistance or service for which a fee is
paid based on a contractual agreement performed by a
law enforcement officer as defined in Section
23-23-10(E)(1).
SECTION 23-20-30. (A)
The General Assembly recognizes the need to
promote public safety and further recognizes that there may be
situations where additional law enforcement officers are needed
to maintain the public peace and welfare. Therefore, the General
Assembly authorizes a law enforcement agency
any county incorporated municipality, or other political
subdivision of this State to enter into contractual
agreements with other law enforcement providers
as may be necessary for the proper and prudent exercise of
public safety functions. Public safety functions include
traditional public safety activities which are performed over a
specified time period for patrol services, crowd control and
traffic control, and other emergency service situations. All
contractual agreements shall adhere to the requirements
contained in Section 23-20-40.
(B) Nothing in this
chapter may be construed to alter, amend, or affect any rights,
duties, or responsibilities of law enforcement authorities
established by South Carolina's constitutional or statutory laws
or established by the ordinances of South Carolina's political
subdivisions, except as expressly provided for in this chapter.
SECTION 23-20-40. All written contractual
agreements for law enforcement services must include, but may
not be limited to, the following:
(a) a statement of the specific services to
be provided;
(b) specific language dealing with
financial agreements between the parties;
(c) specification of the records to be
maintained concerning the performance of services to be provided
to the agency;
(d) language dealing with the duration,
modification, and termination of the contract;
(e) specific language dealing with the
legal contingencies for any lawsuits or the payment of damages
that arise from the provided services;
(f) a stipulation as to which law
enforcement authority maintains control over the law enforcement
provider's personnel; and
(g) specific arrangements for the use of
equipment and facilities.
SECTION 23-20-50. (A)
An agreement entered into pursuant to this chapter
on behalf of a law enforcement authority must be approved by the
appropriate state, county, or local law enforcement authority's
chief executive officer. A state law enforcement authority must
provide a copy of the agreement to the Governor and the Director
of the Department of Administration no later than one business
day after executing the agreement. An agreement entered into
with a local law enforcement authority pursuant to this chapter
must be approved by the governing body of each jurisdiction. For
agreements entered into prior to June 1, 2000, the agreement may
be ratified by the governing body of each jurisdiction.
In accordance with Article VIII, Section 13 of the South
Carolina Constitution, the governing bodies of any county,
incorporated municipality, or other political subdivision may
agree with the State or with any other political subdivision for
the joint administration of any function and exercise of powers
and the sharing of the costs thereof. Therefore, a contract
entered into pursuant to this chapter on behalf of a law
enforcement authority must be approved by the appropriate
governing bodies of each concerned county, incorporated
municipality, or other political subdivision of this state.
Contracts entered into pursuant to this chapter are executed
between governing bodies, and, therefore, may last in perpetuity
or until the contract is terminated by a participating party of
the contract.
(B) As is provided in Section 23-13-10, deputy sheriffs serve at
the pleasure of the sheriff. Such pleasure not only entails how
long a deputy serves the sheriff, but also how the deputy serves
the sheriff. Therefore, the contracting authority of a county of
this state shall not be interpreted to limit the authority of or
obligate the personnel of the elected sheriff of the county. In
all cases, the sheriff shall maintain his statutorily provided
authority to enforce the laws of this state in the county to
which he has been elected.
(C) Provided the conditions and terms of the contracts made
pursuant to Section 23-20-40 are followed, the chief executive
officers of the law enforcement agencies in the concerned
counties, incorporated municipalities, or other political
subdivisions shall have the authority to send and receive such
resources, including personnel, as may be needed to maintain the
public peace and welfare.
(B)(D) The officers of the law
enforcement provider have the same legal rights, powers, and
duties to enforce the laws of South Carolina as the law
enforcement agency contracting for the services.
SECTION 23-20-60. The Governor, upon the request of a law enforcement authority or in his discretion, may by executive order, waive the requirement for a written contractual agreement for law enforcement services required by this chapter during a natural disaster or other emergency affecting public safety."
SECTION 3. Section 23-1-215 of the 1976 Code is repealed.
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.