H*3356(Rat #0067, Act #0036)  General Bill, By Simrill, Kirsh and Meacham

Similar(S 372, H 3388)
 A Bill to amend Section 5-7-120, Code of Laws of South Carolina, 1976, as
 amended, relating to the authority of a municipality to send law enforcement
 officers to another political subdivision of this State in emergency
 situations, so as to provide that failure to record the request at the next
 meeting of the governing body does not affect the applicability of the tort
 liability coverage, and to extend tort liability coverage to the officers sent
 to another municipality which they have in the sending municipality.-amended
 title

   02/03/93  House  Introduced and read first time HJ-9
   02/03/93  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-9
   02/24/93  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-5
   02/25/93  House  Read second time HJ-10
   02/25/93  House  Unanimous consent for third reading on next
                     legislative day HJ-11
   02/26/93  House  Read third time and sent to Senate HJ-2
   03/02/93  Senate Introduced and read first time SJ-4
   03/02/93  Senate Referred to Committee on Judiciary SJ-4
   03/04/93  Senate Recalled from Committee on Judiciary SJ-18
   03/09/93  Senate Amended SJ-21
   03/09/93  Senate Read second time SJ-22
   03/10/93  Senate Read third time and returned to House with
                     amendments SJ-8
   03/25/93  House  Concurred in Senate amendment and enrolled HJ-17
   04/20/93         Ratified R 67
   04/22/93         Signed By Governor
   04/22/93         Effective date 04/22/93
   05/25/93         Copies available

AN ACT TO AMEND SECTION 5-7-120, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A MUNICIPALITY TO SEND LAW ENFORCEMENT OFFICERS TO ANOTHER POLITICAL SUBDIVISION OF THIS STATE IN EMERGENCY SITUATIONS, SO AS TO PROVIDE THAT FAILURE TO RECORD THE REQUEST AT THE NEXT MEETING OF THE GOVERNING BODY DOES NOT AFFECT THE APPLICABILITY OF THE TORT LIABILITY COVERAGE, AND TO EXTEND TORT LIABILITY COVERAGE TO THE OFFICERS SENT TO ANOTHER MUNICIPLITY WHICH THEY HAVE IN THE SENDING MUNICIPALITY.

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

Law enforcement officers sent to another municipality-procedure

SECTION 1. Section 5-7-120 of the 1976 Code, as last amended by Act 435 of 1978, is further amended to read:

"Section 5-7-120. (A) The governing body of any municipality may upon the request of the governing body of any other political subdivision of the State, send any law enforcement officers to the requesting political subdivision in cases of emergency. A complete record of the request, together with the names of the officers sent, must be recorded in the minutes of the next regular or special meeting of the governing bodies of both the requesting and the sending political subdivisions. Failure to record the request at the next regular or special meeting of the governing bodies does not affect the applicability of the tort liability coverage. Expenses of the requested services may be borne by the requesting municipality.

(B) When law enforcement officers are sent to another municipality pursuant to this section, the jurisdiction, authority, rights, privileges, and immunities, including coverage under the workmen's compensation laws, and tort liability coverage obtained pursuant to the provisions of Chapter 78 of Title 15, which they have in the sending municipality are extended to and include the area in which like benefits, authorities, and tort liability coverage are or could be afforded to the law enforcement officers of the requesting political subdivision. When so sent they have the same authority to make arrests and to execute criminal process as is vested by law in the law enforcement officers of the requesting political subdivision, but this section does not extend the effect of the laws of the sending political subdivision."

Time effective

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

Approved the 22nd day of April, 1993.