H*3326(Rat #0321, Act #0269 of 2008)  General Bill, By Harrison and Cotty

Similar(S 715)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS
 ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR
 THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW
 ENFORCEMENT OFFICER. - ratified title

   01/23/07  House  Introduced and read first time HJ-4
   01/23/07  House  Referred to Committee on Ways and Means HJ-4
   01/30/07  House  Member(s) request name added as sponsor: Cotty
   02/14/07  House  Recalled from Committee on Ways and Means HJ-31
   02/14/07  House  Referred to Committee on Judiciary HJ-31
   05/30/07  House  Committee report: Favorable with amendment
                     Judiciary HJ-14
   06/05/07  House  Amended HJ-34
   06/05/07  House  Debate adjourned HJ-37
   06/05/07  House  Debate adjourned HJ-57
   06/05/07  House  Read second time HJ-81
   06/06/07  House  Read third time and sent to Senate HJ-7
   06/06/07  Senate Introduced and read first time SJ-26
   06/06/07  Senate Referred to Committee on Judiciary SJ-26
   06/20/07  Senate Referred to Subcommittee: Hutto (ch), Jackson,
                     Knotts, Bryant
   05/07/08  Senate Committee report: Favorable with amendment
                     Judiciary SJ-8
   05/13/08  Senate Committee Amendment Adopted SJ-13
   05/13/08  Senate Read second time SJ-13
   05/14/08  Senate Read third time and returned to House with
                     amendments SJ-15
   05/22/08  House  Concurred in Senate amendment and enrolled HJ-102
   05/29/08         Ratified R 321
   06/04/08         Signed By Governor
   06/11/08         Copies available
   06/11/08         Effective date 06/04/08
   06/13/08         Act No. 269

(A269, R321, H3326)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.

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

Reimbursement for law enforcement training costs

SECTION    1.    Chapter 23, Title 23 of the 1976 Code is amended by adding:

"Section 23-23-120.    (A)    For purposes of this section, 'governmental entity' means the State or any of its political subdivisions.

(B)    After July 1, 2007, every governmental entity of this State intending to employ on a permanent basis a law enforcement officer who has satisfactorily completed the mandatory training as required under this chapter must comply with the provisions of this section.

(C)    If a law enforcement officer has satisfactorily completed his mandatory training while employed by a governmental entity of this State and within two years from the date of satisfactory completion of the mandatory training a different governmental entity of this State subsequently hires the law enforcement officer, the subsequent hiring governmental entity shall reimburse the governmental entity with whom the law enforcement officer was employed at the time of attending the mandatory training:

(1)    one hundred percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired within one year of the date of satisfactory completion of the mandatory training; or

(2)    fifty percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired after one year but before the end of the second year after the date of satisfactory completion of the mandatory training.

(D)    If the law enforcement officer is employed by more than one successive governmental entity within the two-year period after the date of satisfactory completion of the mandatory training, a governmental entity which reimbursed the governmental entity that employed the officer during the training period may obtain reimbursement from the successive governmental entity employer for:

(1)    one hundred percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired within one year of the date of satisfactory completion of the mandatory training; or

(2)    fifty percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired after one year but before the end of the second year after the date of satisfactory completion of the mandatory training.

(E)    The governmental entity that employed the officer during the training period or a governmental entity seeking reimbursement from a successive governmental entity employer must not be reimbursed for more than one hundred percent of the cost of the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training.

(F)    A governmental entity, prior to seeking any other reimbursement, must first seek reimbursement from the subsequent hiring governmental entity under the provisions of this section. In no case may a governmental entity receive more than one hundred percent of the cost of the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training.

(G)    No officer shall be required to assume the responsibility of the repayment of these or any other related costs by the employing agency of the governmental entity of the employing agency in their effort to be reimbursed pursuant to this section.

(H)    Any agreement in existence on or before the effective date of this section, between a governmental entity and a law enforcement officer concerning the repayment of costs for mandatory training, remains in effect to the extent that it does not violate the provisions of subsections (E), (F), or (G). No governmental entity shall, as a condition of employment, enter into a promissory note for the repayment of costs for mandatory training after the effective date of this section."

Time effective

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

Ratified the 29th day of May, 2008.

Approved the 4th day of June, 2008.