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RECALLED
February 27, 2002
S. 987
S. Printed 2/27/02--H.
Read the first time February 19, 2002.
TO AUTHORIZE THE COMMISSION OF PUBLIC WORKS FOR THE CITY OF SPARTANBURG TO ESTABLISH A SAFETY AND SECURITY DEPARTMENT AND EMPLOY LAKE WARDENS WHO MUST BE COMMISSIONED AS CONSTABLES; TO ESTABLISH THE QUALIFICATIONS FOR EMPLOYMENT AS A LAKE WARDEN; TO PROVIDE FOR THE POWERS, DUTIES, AND JURISDICTION OF LAKE WARDENS; TO REQUIRE THE POSTING OF A BOND AS A PREREQUISITE TO EMPLOYMENT; TO EXEMPT LAKE WARDENS FROM CERTAIN REPORTING REQUIREMENTS OF CONSTABLES; TO AUTHORIZE THE USE OF EMERGENCY VEHICLES BY LAKE WARDENS; AND TO PROVIDE PENALTIES FOR FALSELY REPRESENTING OR CONDUCTING ONESELF AS A LAKE WARDEN.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. As used in this act:
(1) "Commission" means the Commission of Public Works for the City of Spartanburg.
(2) "Lake warden" means an employee of the Commission of Public Works for the city of Spartanburg whose duties include the enforcement of the laws of this State, the preservation of public order, the protection of life and property, and the prevention, detection, and investigation of crime. It does not include personnel of a private company who provides security services on a contract basis for the institution concerned.
(3) "Property" means the grounds and buildings owned and occupied by the commission.
(4) "Safety and security department" means the unit established pursuant to this act by the commission to provide safety and law enforcement functions as authorized in this act.
SECTION 2. The commission may establish a safety and security department and employ lake wardens to carry out the functions of the department. The safety and security department created and operated by the commission under this act for the purposes of this act is the commission police department and the sworn police officers of the department are lake wardens. Lake wardens must be commissioned as constables pursuant to Section 23-1-60 of the 1976 Code and take the oath of office prescribed by law and the State Constitution for those officers. The jurisdiction of a lake warden is limited to the property of the commission, including all reservoirs, the entire watershed of each reservoir, and any adjoining county in which the watershed begins.
SECTION 3. (A) A lake warden is a peace officer who, while in the performance of the duties, has all the powers of municipal and county police officers to make arrests for both felonies and misdemeanors and who possesses all of the common law and statutory powers, privileges, and immunities of a police officer. A lake warden shall:
(1) preserve the peace, maintain order, and prevent unlawful use of force or violence or other unlawful conduct on the property of the commission and protect all persons and property located on the property from injury, harm, and damage;
(2) enforce and assist the officials of the commission in the enforcement of the laws of this State and county and municipal ordinances and the lawful regulations of the commission and assist and cooperate with other law enforcement agencies and officers.
(B) A lake warden may arrest persons outside the property when the person has committed a criminal offense within the property and the arrest is made during the person's immediate and continuous flight from the property.
SECTION 4. At the time of employment a lake warden must:
(1) be not less than twenty-one years of age;
(2) have completed successfully the training requirements of the South Carolina Criminal Justice Academy in accordance with Section 5;
(3) be commissioned as a constable as provided for in Section 23-1-60 of the 1976 Code;
(4) possess additional qualifications prescribed by the commission.
SECTION 5. To be employed as a lake warden a person must attend and be trained at the South Carolina Criminal Justice Academy in the manner provided for other law enforcement officers in the State or at another designated location and by training officers as prescribed by the South Carolina Law Enforcement Training Council. Expenses of the training must be paid by the commission. A representative of the commission shall certify to the academy that the person concerned is to be employed and request the academy to admit the person for training.
SECTION 6. A lake warden shall post, before assuming the duties of a lake warden, a bond in the amount of two thousand dollars.
SECTION 7. A lake warden is exempt from the constable reporting requirements of Section 23-1-80 of the 1976 Code so long as the person is employed by the safety and security department of the commission.
SECTION 8. While in the performance of his official duties, a lake warden shall wear distinctive uniforms prescribed by the commission.
SECTION 9. (A) A lake warden may designate and operate emergency vehicles and patrol cars in the manner provided by law for municipal and county law enforcement officers. These vehicles must bear distinctive and conspicuous lettering, which reads "Lake Warden" on the sides and rear of the vehicle.
(B) A vehicle used for police purposes by the safety and security department is considered an emergency vehicle and must be equipped with blue lights and sirens and operated in conformance with the requirements of Chapter 5 of Title 56 of the 1976 Code.
(C) A safety and security department may install, maintain, and operate radio systems on radio frequencies under licenses issued by the Federal Communications Commission, or its successor.
SECTION 10. A person arrested by a lake warden must be processed in the manner persons arrested are processed by municipal and county law enforcement officers.
SECTION 11. (A) It is unlawful for a person to falsely represent himself to be a lake warden of the safety and security department of the commission or to arrest, detain, search, or question in any manner the person or property of a person, and a person may not without the authority of the commission wear the official uniform, insignia, badge, or identification of the department.
(B) A person who violates a provision of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars or more than one thousand dollars or imprisoned for not less than ten days or more than ninety days, or both.
SECTION 12. The provisions of this act may not be construed as a diminution or modification of the authority or responsibility of a municipal police department, sheriff, constable, or other peace officer either on the property or otherwise.
SECTION 13. The provisions of this act may not be construed to prevent the commission from employing or continuing to employ guards, gatekeepers, and other security personnel, and the act applies only to those security officers who are granted the additional law enforcement authority, including the power to arrest, provided for officers who fulfill the requirements and meet the standards prescribed in this act.
SECTION 14. This act takes effect upon approval by the Governor.
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