Current Status Bill Number:749 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970513 Primary Sponsor:Reese All Sponsors:Reese Drafted Document Number:bbm\9434jm.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Workers' compensation insurance premiums, reduction for employer who conducts random drug inspections
Body Date Action Description Com Leg Involved
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Senate 19970513 Introduced, read first time, 11 SJ
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-5-260 SO AS TO PROVIDE FOR A REDUCTION IN WORKERS' COMPENSATION INSURANCE PREMIUMS FOR AN EMPLOYER WHO CONDUCTS INSPECTIONS FOR CONTRABAND DRUGS BY UTILIZING DRUG-SNIFFING DOGS ON A RANDOM BASIS ON THE EMPLOYER'S PREMISES TO DETERMINE THE PRESENCE OF CONTRABAND DRUGS IN THE POSSESSION OR UNDER THE CONTROL OF EMPLOYEES AND PROVIDE FOR RELATED MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 42-5-260. (A) An employer subject to the provisions of this title may conduct inspections for contraband drugs by utilizing drug-sniffing dogs on a random basis on the employer's premises to determine the presence of contraband drugs in the possession or under the control of employees. These inspections are authorized to extend to an employee's motor vehicle parked on the employer's premises. Any contraband discovered on the premises as a result of these inspections must be turned over to the law enforcement agency or department having jurisdiction where the employer's premises are located.
(B) The inspections authorized by this section must be conducted by private security companies licensed in this State pursuant to Chapter 17 of Title 40, and any person actually engaged in the inspections must be licensed as a private detective pursuant to that chapter. A person involved in these inspections must also have had experience in handling canines in a public environment and must have had prior law enforcement experience in the area of narcotics enforcement. The canines used in the inspections must have been trained by a specialized dog trainer and certified by organizations recognized by law enforcement agencies for this purpose. All canines involved must be recertified at least every three years by a recognized organization. Private security agencies conducting these searches shall obtain the appropriate permits from the Department of Health and Environmental Control and the United States Drug Enforcement Administration to possess controlled substances, and these private security agencies shall maintain a policy of liability insurance of at least five million dollars.
(C) An employer conducting the inspections as provided for in this section at least twelve to sixteen separate times during the course of a year shall receive a five percent reduction in the cost of the employer's yearly workers' compensation insurance premium or premiums in accordance with regulations which must be promulgated by the director of the Department of Insurance after consultation with the State Workers' Compensation Commission."
SECTION 2. This act takes effect upon approval by the Governor.