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A309, R397, H5009
Sponsors: Reps. G.M. Smith, Weeks and Clemmons
Document Path: l:\council\bills\ggs\22086ab08.doc
Introduced in the House on April 10, 2008
Introduced in the Senate on May 1, 2008
Passed by the General Assembly on June 5, 2008
Governor's Action: June 11, 2008, Signed
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/10/2008 House Introduced and read first time HJ-18 4/10/2008 House Referred to Committee on Labor, Commerce and Industry HJ-18 4/15/2008 House Recalled from Committee on Labor, Commerce and Industry HJ-51 4/15/2008 House Referred to Committee on Judiciary HJ-51 4/24/2008 House Committee report: Favorable Judiciary HJ-7 4/30/2008 House Read second time HJ-56 5/1/2008 House Read third time and sent to Senate HJ-131 5/1/2008 Senate Introduced and read first time SJ-13 5/1/2008 Senate Referred to Committee on Labor, Commerce and Industry SJ-13 5/22/2008 Senate Committee report: Favorable with amendment Labor, Commerce and Industry SJ-30 5/27/2008 Senate Committee Amendment Adopted SJ-27 5/27/2008 Senate Read second time SJ-27 5/28/2008 Senate Read third time and returned to House with amendments SJ-34 6/5/2008 House Concurred in Senate amendment and enrolled HJ-65 6/5/2008 Ratified R 397 6/11/2008 Signed By Governor 6/19/2008 Copies available 6/19/2008 Effective date 06/11/08 6/19/2008 Act No. 309
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
(A309, R397, H5009)
AN ACT TO AMEND SECTION 40-80-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CRIMINAL RECORDS CHECK FOR A FIREFIGHTER, SO AS TO PROVIDE NO PERSON MAY VOLUNTEER AS A FIREFIGHTER, BE EMPLOYED AS A FIREFIGHTER, OR PERFORM FIREFIGHTING DUTIES IF HE HAS BEEN CONVICTED OF, PLED GUILTY TO, OR PLED NOLO CONTENDERE TO ARSON.
Be it enacted by the General Assembly of the State of South Carolina:
Criminal records check required for firefighter; prohibitions
SECTION 1. Section 40-80-20 of the 1976 Code, as last amended by Act 224 of 2002, is further amended to read:
"Section 40-80-20. (A)(1) Prior to employment of a paid or volunteer firefighter, the fire chief or other employer must ensure that a prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.
(2) The cost of the criminal records check may not exceed eight dollars.
(3) A criminal records check is not required for a firefighter employed as of June 30, 2001, if the firefighter is employed with the same fire department with which he was employed on June 30, 2001. Upon separation from the fire department where he was employed on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40.
(B)(1) After June 30, 2001, a person may not perform firefighting duties in South Carolina if the person has been convicted of, or pled guilty to, or pled nolo contendere to:
(a) a felony;
(b) arson or another offense provided in Article 3, Chapter 11 of Title 16; or
(c) an offense involving a controlled substance as provided for in Chapter 53 of Title 44.
(2) The prohibition in item (1) of this subsection applies for a period of ten years after the conviction or plea of guilty or nolo contendere.
After the expiration of the ten-year period, a fire chief or other employer may determine whether to allow a person with a criminal record to perform firefighting duties; except no person may volunteer as a firefighter, be employed as a firefighter, or perform firefighting duties if he has been convicted of, pled guilty to, or pled nolo contendere to arson."
SECTION 2. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2008.
Approved the 11th day of June, 2008.
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