South Carolina General Assembly
120th Session, 2013-2014

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Bill 275

Indicates Matter Stricken
Indicates New Matter

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

February 5, 2014

S. 275

Introduced by Senators L. Martin and Hembree

S. Printed 2/5/14--S.

Read the first time January 23, 2013.

            

THE COMMITTEE ON JUDICIARY

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, page 1-2, by striking SECTION 1 in its entirety 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, 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."        /

Renumber sections to conform.

Amend title to conform.

GERALD MALLOY for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

EXPLANATION OF IMPACT:

There is no fiscal impact on the General Fund of the State or on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

Pursuant to Section 2-7-76, the State Budget Division surveyed local governments to access the impact of this bill. One county responded by indicating the impact to be minimal. Municipal respondents indicated that this Bill would allow the Sheriff or Chief of Police to enter into a multi-jurisdictional task force agreement without the governing body signing off on the agreement. The impact of the Bill is minimal because it's all voluntary and agreements are entered into for mutual benefit to each jurisdiction.

Approved By:

Brenda Hart

Office of State Budget

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, as last amended by Act 3 of 2007, is further 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 agencies 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.

(D)    The respective governing bodies of the political subdivisions, where each of the law enforcement agencies entering into the agreement authorized in subsection (A) is 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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