H*4630(Rat #0259, Act #0206 of 2014)  General Bill, By Funderburk, Pitts and 
Weeks
 AN ACT TO AMEND SECTION 23-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE EXPIRATION OR LAPSE OF THE LAW ENFORCEMENT CERTIFICATION OF AN
 OFFICER UPON HIS DISCONTINUANCE OF EMPLOYMENT, SO AS TO PROVIDE AN EXEMPTION
 WHEN THE EMPLOYMENT IS DISCONTINUED BECAUSE OF HIS ABSENCE FROM WORK DUE TO A
 DISABILITY HE SUSTAINED IN THAT EMPLOYMENT FOR WHICH HE RECEIVES WORKERS'
 COMPENSATION BENEFITS AND FROM WHICH HE HAS NOT BEEN AUTHORIZED TO RETURN TO
 WORK WITHOUT RESTRICTION TO REQUIRE HE SATISFY CONTINUING EDUCATION
 REQUIREMENTS OF THIS PERIOD; AND TO MAKE THESE PROVISIONS RETROACTIVE TO
 JANUARY 1, 2013. - ratified title

   02/06/14  House  Introduced and read first time (House Journal-page 14)
   02/06/14  House  Referred to Committee on Judiciary
                     (House Journal-page 14)
   03/04/14  House  Member(s) request name added as sponsor: Pitts
   03/19/14  House  Member(s) request name added as sponsor: Weeks
   03/20/14  House  Committee report: Favorable Judiciary
                     (House Journal-page 8)
   03/24/14         Scrivener's error corrected
   03/26/14  House  Read second time
   03/26/14  House  Roll call Yeas-105  Nays-1
   03/27/14  House  Read third time and sent to Senate
                     (House Journal-page 20)
   03/27/14  Senate Introduced and read first time (Senate Journal-page 9)
   03/27/14  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 9)
   04/14/14  Senate Referred to Subcommittee: Gregory (ch), McElveen,
                     Turner
   05/21/14  Senate Committee report: Favorable Judiciary
                     (Senate Journal-page 19)
   05/22/14         Scrivener's error corrected
   05/22/14  Senate Read second time (Senate Journal-page 63)
   05/22/14  Senate Roll call Ayes-39  Nays-0 (Senate Journal-page 63)
   05/27/14  Senate Read third time and enrolled (Senate Journal-page 13)
   05/29/14         Ratified R 259
   06/02/14         Signed By Governor
   06/06/14         Effective date See Act for Effective Date
   06/10/14         Act No. 206

(A206, R259, H4630)

AN ACT TO AMEND SECTION 23-23-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPIRATION OR LAPSE OF THE LAW ENFORCEMENT CERTIFICATION OF AN OFFICER UPON HIS DISCONTINUANCE OF EMPLOYMENT, SO AS TO PROVIDE AN EXEMPTION WHEN THE EMPLOYMENT IS DISCONTINUED BECAUSE OF HIS ABSENCE FROM WORK DUE TO A DISABILITY HE SUSTAINED IN THAT EMPLOYMENT FOR WHICH HE RECEIVES WORKERS' COMPENSATION BENEFITS AND FROM WHICH HE HAS NOT BEEN AUTHORIZED TO RETURN TO WORK WITHOUT RESTRICTION TO REQUIRE HE SATISFY CONTINUING EDUCATION REQUIREMENTS OF THIS PERIOD; AND TO MAKE THESE PROVISIONS RETROACTIVE TO JANUARY 1, 2013.

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

Expiration for work discontinuance, workers' compensation exception

SECTION    1.    Section 23-23-60(C) of the 1976 Code, as added by Act 317 of 2006, is amended to read:

"(C)(1)    A certificate as a law enforcement officer issued by the department will expire three years from the date of issuance or upon discontinuance of employment by the officer with the employing entity or agency.

(2)    Notwithstanding the provisions of item (1), a certificate may not expire if employment is discontinued because of the officer's absence from work due to a disability he sustained in that employment for which he receives workers' compensation benefits and from which he has not been authorized to return to work without restriction; provided, however, that before he may resume employment for which the certificate is required, he must complete all continuing education requirements for the period of time in which he was receiving workers' compensation benefits and had not been authorized to return to work. Additionally, the three-year duration of a certificate is tolled during such an absence from employment, and begins running when the officer is authorized to return to work without restriction.

(3)    Prior to the expiration of the certificate, the certificate may be renewed upon application presented to the director on a form prescribed by the director. The application for renewal must be received by the director at least forty-five days prior to the expiration of the certificate.

(4)    If the officer's certificate has lapsed, the department may reissue the certificate after receipt of an application and if the director is satisfied that the officer continues to meet the requirements of subsections (B)(1) through (B)(9)."

Time effective

SECTION    2.    The provisions of this act take place upon approval by the Governor and are retroactive to January 1, 2013.

Ratified the 29th day of May, 2014.

Approved the 2nd day of June, 2014.