South Carolina General Assembly
120th Session, 2013-2014

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S. 275

STATUS INFORMATION

General Bill
Sponsors: Senators L. Martin, Hembree and Malloy
Document Path: l:\council\bills\nbd\11077cm13.docx
Companion/Similar bill(s): 3452

Introduced in the Senate on January 23, 2013
Introduced in the House on March 6, 2014
Last Amended on February 20, 2014
Currently residing in the House

Summary: Multijurisdictional task force

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/23/2013  Senate  Introduced and read first time (Senate Journal-page 8)
   1/23/2013  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 8)
    2/1/2013  Senate  Referred to Subcommittee: Malloy (ch), Campsen, Hembree, 
                        McElveen, Thurmond
    2/5/2014  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 24)
   2/20/2014  Senate  Committee Amendment Adopted (Senate Journal-page 23)
    3/4/2014  Senate  Read second time (Senate Journal-page 18)
    3/4/2014  Senate  Roll call Ayes-44  Nays-0 (Senate Journal-page 18)
    3/5/2014  Senate  Read third time and sent to House 
                        (Senate Journal-page 25)
    3/6/2014  House   Introduced and read first time (House Journal-page 7)
    3/6/2014  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs (House Journal-page 7)
    4/9/2014  House   Committee report: Favorable with amendment Medical, 
                        Military, Public and Municipal Affairs 
                        (House Journal-page 2)
   4/10/2014  House   Debate adjourned until Tues., 5-6-14

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/23/2013
2/5/2014
2/20/2014
4/9/2014

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 9, 2014

S. 275

Introduced by Senators L. Martin, Hembree and Malloy

S. Printed 4/9/14--H.

Read the first time March 6, 2014.

            

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (S. 275) to amend Section 23-1-210, as amended, Code of Laws of South Carolina, 1976, relating to the temporary transfer or assignment of a municipal or county, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

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 is amended to read:

"Section 23-1-210.    (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 political subdivisions, or agencies, as appropriate, shall enter into written agreements stating the conditions and terms of the temporary employment of officers to be transferred or assigned. A political subdivision is not required to enter into an agreement under this section. Any agreement entered into by a political subdivision must be in writing and may be approved by resolution or by ordinance. 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.

(D)    The respective governing bodies of the political subdivisions, where each of the law enforcement agencies entering into the agreement authorized in subsection (A) are located, must be notified by its agency of the agreement's execution and termination. The notification must be in writing and accomplished within seventy-two hours of the agreement's execution and within seventy-two hours of the agreement's termination."/

SECTION    2.    Section 23-1-215(A) of the 1976 Code, as last amended by Act 3 of 2007, is further amended to read:

/    "(A)    In the event of a crime or crimes that have occurred where multiple jurisdictions, either county or municipal, are involved and exigent circumstances exist, law enforcement officers are authorized to exercise jurisdiction within other counties or municipalities for the purpose of criminal investigations only if a written agreement between or among the law enforcement agencies involved has been executed. This limitation on law enforcement activity shall not apply to any activity authorized by Section 17-13-40." /

SECTION    3.    This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

LEON HOWARD for Committee.

            

A BILL

TO AMEND SECTION 23-1-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TEMPORARY TRANSFER OR ASSIGNMENT OF A MUNICIPAL OR COUNTY LAW ENFORCEMENT OFFICER TO A MULTIJURISDICTIONAL TASK FORCE, SO AS TO MAKE A TECHNICAL CHANGE, DELETE THE PROVISION THAT REQUIRES A COUNTY OR MUNICIPALITY THAT SENDS AN OFFICER TO ANOTHER COUNTY OR MUNICIPALITY TO BE REIMBURSED FOR SERVICES BY THE COUNTY OR MUNICIPALITY TO WHICH THE OFFICER IS TRANSFERRED OR ASSIGNED, AND TO PROVIDE THAT THE GOVERNING BODIES OF THE POLITICAL SUBDIVISIONS AFFECTED BY THIS PROVISION MUST BE NOTIFIED BY THEIR LAW ENFORCEMENT DIVISIONS OF ANY MULTIJURISDICTIONAL TASK FORCE AGREEMENT EXECUTION AND TERMINATION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 23-1-210 of the 1976 Code is amended to read:

"Section 23-1-210.    (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, or agencies, as appropriate, shall enter into written agreements stating the conditions and terms of the temporary employment of officers to be transferred or assigned. A municipality or county is not required to enter into or approve a written agreement by ordinance and may agree to enter into or approve a written agreement by resolution. 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.

(D)    The respective governing bodies of the political subdivisions, where each of the law enforcement agencies entering into the agreement authorized in subsection (A) are located, must be notified by its agency of the agreement's execution and termination. The notification must be in writing and accomplished within seventy-two hours of the agreement's execution and within seventy-two hours of the agreement's termination."

SECTION    2.    This act takes effect upon approval by the Governor.

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