South Carolina General Assembly
117th Session, 2007-2008

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Bill 5009

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 24, 2008

H. 5009

Introduced by Reps. G.M. Smith, Weeks and Clemmons

S. Printed 4/24/08--H.

Read the first time April 10, 2008.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 5009) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON for Committee.

            

A BILL

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:

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 any firefighter, paid or volunteer a paid or volunteer firefighter, the fire chief or other employer must ensure that each a prospective firefighter undergoes a criminal records check conducted by a law enforcement agency.

(2)    The cost of the criminal records check must 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 that with which he was employed with on June 30, 2001. Upon separation from the fire department that where he was employed with on June 30, 2001, a firefighter must comply with the provisions of Section 40-80-40.

(B)(1)    After June 30, 2001, a person must 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 any other another offense provided in Article 3, Chapter 11, Title 16; or

(c)    an offense involving a controlled substance as provided for in Chapter 53, Title 44.

(2)    The prohibition in item (1) items (1)(a) and (1)(c) of this subsection applies for a period of ten years after the conviction, or guilty plea, of guilty or nolo contendere plea.

After the expiration of the ten-year period, it is within a fire chief's chief or other employer's discretion to employer may determine whether or not 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.

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