Statehouse Report

//Statehouse Report

Statehouse Report

2018-04-05T09:04:58+00:00 April 2nd, 2018|Legislation|Comments Off on Statehouse Report

Each week, the South Carolina Fraternal Order of Police releases it’s Statehouse Report detailing legislation which impacts law enforcement.

 

OVERVIEW

PTSD INITIATIVE FUNDED FOR FY17-18. Funds have been distributed to and received by the State Law Enforcement Division (SLED) for SCLEAP and FAST team programs.  PTSD INITIATIVE IN FY18-19.   The House Ways and Means Committee met and did not include the funding in their recommended budget proposal.  Additional efforts to acquire funding will occur throughout the process.   Historically, funding for the PTSD initiative has been provided by the Senate.  The Senate Finance Committee will continue to meet on the budget Tuesday, March 27 @ 11am in room 105 Gressette.  Senator Massey submitted a request for funding the PTSD proviso for first responders and law enforcement.

RETIREMENT (S.828) by Senators Fanning and Mcleod- The bill allows certified teachers and members of the Police Officers Retirement System (PORS) to return to work to covered employment under the SC Retirement System and PORS exempting them from the earnings limitation. The Public Safety Coalition submitted a return to work solution to the subcommittee which does not increase the cost to the system, employees or employers and will even provide a small gain to the system.  The recommendation allows any PORS member that retired prior to December 31, 2017 to return to work without a salary limitation/cap.  A request for the return to work solution was presented to members of the subcommittee on Thursday, March 15, 2018 @ 9:30am in room 105 Gressette.  The bill was reported out of Subcommittee Wednesday, March 21. No full Senate Finance Committee currently scheduled to hear S.828 with allowing certain educators in SCRS and only SRO’s and CJA instructors in PORS to return to work without an earnings limitation.

RETIREMENT The Joint Committee on Pension Systems Review has met four times since adopting Phase I of the Retirement Systems Review. The latest meeting was on February 14, 2018 where Mike Hitchcock, CEO of the Investment Commission and Peggy Boykin, Executive Director of PEBA testified on the status of investments and the system.  All information and testimony received from Mr. Hitchcock and Mrs. Boykin, a number of organizations including the Public Safety Coalition, can be found on line at http://www.scstatehouse.gov/committeeinfo.php (click Joint Committee on Pension Systems Review for all posted information).  Met with the Governor’s staff and were informed that the Governor supports keeping PORS members in a Defined Benefits Retirement Plan rather than requiring new members to move to a Defined Contributions Retirement Plan (401K type plan).

PAWNBROKERS (S.810) by Senator Hembree.  The bill addresses the pawn shop issue created when statute was adopted that changed law enforcement’s ability to place a written hold order on property they believe is misappropriated or stolen. The new language outlines several items to include, but not limited to, types of records a pawn broker must maintain (photos, thumbprints, etc.), fees, and allowing a municipality or county to enact local regulations requiring pawnshops operating in the municipality or county to provide or transfer pawn records by electronic data transfer to a law enforcement database.  SKA is continuing to meet with stakeholders in an effort to move the legislation forward.  810 was passed our of Committee and currently on the Senate Calendar.

HYCO (S.6) by Senator Bryant increasing penalties when injuring or killing police animals to more closely align with federal penalties. Also provides for restitution and community service options when sentencing. Full House Judiciary passed the bill out of    S.6 is on the Contested House Calendar up for second reading.

ASSAULT AND BATTERY ON LAW ENFORCEMENT OFFICER (S.504) by Sen(s) Climer, Young, Timmons et.al. March 21, @ 9am in room 407 Gressette.  The bill creates the offenses of assault and battery of a high and aggravated nature on a law enforcement officer, and assault and battery on a law enforcement officer in the first, second, and third degrees; and to provide definitions and penalties.  504 will be discussed Thursday, March 29, 2018 @ 10:30am in room 209 Gressette.

 

BILLS

 

H.3014  PRIVATE INFORMATION ON SOCIAL MEDIA Rep. McKnight  This bill provides that anyone harmed by the malicious publication of photographs on a social media website could file a lawsuit under the provisions of this proposed bill.

1/10/17            Introduced and read first time and referred to Judiciary

 

H.3187 FIRST RESPONDER HANDGUN CARRY Rep. Burns  This bill grants emergency medical service providers, firefighters, and other first responders, working during an emergency, an exemption from the offense of unlawfully carrying a handgun, under certain delineated circumstances.

1/10/17            Introduced and read first time and referred to Judiciary

 

H.3206  (Similar S.87) ASSAULTING LAW ENFORCEMENT OFFICERS Rep. Pope  This bill addresses assault and battery of a high and aggravated nature.  This bill includes assaults on a federal, state, or local law enforcement officer or corrections officer in the discharge of, or because of, their official duties under this criminal offense.

1/10/17            Introduced and read first time and referred to Judiciary

 

H.3240  NATIONAL CONCEALED WEAPONS PERMIT RECIPROCITY ACT Rep. Clemmons Would enact the “National Concealed Weapons Permit Reciprocity Act.” Valid out-of-state concealed weapons permit holders must be allowed to carry their permitted weapon in our state.

1/10/17            Introduced and read first time and referred to Judiciary

2/14/17            Discussed in House Judiciary Committee (passed out favorably)

2/21/17            House Calendar

3/1/17              Debate Adjourned

5/3/17              House Calendar. Read 2nd time.

5/4/17              House Calendar. Read 3rd time and sent to Senate.

 

H.3259   (similar to S.117) LAW ENFORCEMENT OFFICER MENTAL EVALUATION REQUIREMENTS Rep. King   All law enforcement officers would be required to undergo a mental health evaluation before they could be certified or recertified. These evaluations must be conducted under the direction of the Law Enforcement Training Council.

1/10/17            Introduced and read first time and referred to Judiciary

 

H.3409 FREE ADMISSION TO MUSEUM Rep. Huggins

Bill provides that a SC resident who is a constable, reserve officer, police officer, member of the state guard, or volunteer firefighter may enter the State museum without charge.

1/11/17            Introduced and read first time and referred to Ways and Means

 

H.3523 WORKERS COMPENSATION – PTSD Rep. McCoy

This bill revises the definitions of “injury” and “personal injury” in workers’ compensation law to modify the requirements for first responders seeking workers’ compensation for personal injury caused by post traumatic stress disorder arising from his direct involvement in a significant traumatic experience.

 1/18/17            Introduced and read first time and referred to Judiciary

 

H.3930 CONSTITUTIONAL HANDGUN CARRYING by Pitts, Delleney, et. al.  Prohibits anyone from carrying a handgun certain places without the permission of its owner, or a person in control of the premises. Revises sections relating to unlawful and lawful handgun possession, including on public school property. Also revises the issuance of concealable weapon permits [CWP’s]. CWP’s would not be required in order for residents to carry weapons, whether concealed or openly, in South Carolina. Carrying handguns with an unlawful intent would remain illegal. Out-of-state visitors to South Carolina, who have a valid concealed weapons permit from their state, could carry in South Carolina as well, so long as they do so in compliance with our state laws.

3/7/17              Introduced and read the first time and referred to House Judiciary

3/22/17            Discussed in Judiciary and reported out favorably

4/4/17              Up for debate on House Floor.

4/6/17              Read 3rd time and sent to the Senate.

4/11/17            Read 1st time and referred to Senate Judiciary.

 

H.4602 ADMINISTERING OF OPIOIDS ANTIDOTE by Rep. Henderson  The bill requires hospital emergency physicians and pharmacists to submit certain information to the Department of Health and Environmental Control for inclusion in the prescription monitoring program when a person is administered an opioid antidote.  The bill also added language stating that a first responder who administers an opioid antidote shall report to the DHEC Bureau of Drug Control regarding the opioid antidote administered for inclusion in the prescription monitoring program.  The Bureau of Drug Control will maintain data on the administering of opioid antidotes by first responders.

1/10/18            House Introduced and read first time

1/10/18            House Referred to Committee on Medical, Military, Public and Municipal Affairs

 

H.4936 (INCOME TAX DEDUCTION)  by Representative Pitts includes components from Governor McMaster’s 2018-19 Executive Budget which proposes tax relief for South Carolinians in the form of:  A 1% rate reduction over five years for all personal income tax brackets, which will result in $2.2 billion in taxpayer savings through the course of implementation, starting with an immediate $139 million cut that is paid for and certified in this budget; an immediate and full retirement income exemption for military veterans and first responders, including retired state and federal law enforcement, firefighters and peace officers, representing $22 million in relief the first year.

2/14/18            Introduced and read first time and referred to House Ways and Means

 

H.5000 (OPTIONAL SHARED-RISK RETIREMENT PLAN) by Reps. Lucas, Herbkersman and Bradley was introduced on 2/22/18. Creates the Optional Shared-Risk Defined Benefit Plan.

2/22/18            Introduced and referred to the House Ways and Means Committee

 

S.6 (similar to H.3243 by Rep. Collins) HYCO’S LAW   Senator Bryant – This bill provides increased penalties for injuring or killing a police dog or horse to more closely align with federal penalties.  Also provides for restitution and community service options when sentencing.

1/10/17            Introduced and referred to Agriculture and Natural Resources Committee

1/26/17            A Full Agriculture and Natural Resources Committee meeting in room 209 Gressette @ 10am RECOMMENDED ADOPTION OF S.6. The bill moves to the floor of the Senate.

2/9/17              Passed the Senate and sent to the House of Representatives

2/14/17            Referred to House Judiciary

1/11/18            Bill reported out of Subcommittee with amendment (retained the current language in statute regarding the mandatory minimum)

1/13/18            S.6 is on Full House Judiciary Calendar

4/3/18              S.6 is on House Contested Calendar up for second reading

 

S.54 SUBSISTENCE DEDUCTIONS Senator Bennett, Campbell, Turner and Hembree:  A bill to amend several tax sections which includes increasing the subsistence deduction by one dollar (from $8 to $9) a day for federal, state, and local law enforcement officers paid by a political subdivision, the government of the state, or the federal government, for each regular work day in a taxable year.

1/10/17            Introduced and read first time and referred to Finance

 

S.164 (similar S.174)  POST TRAUMATIC STRESS DISORDER Senator Malloy: A bill providing the definitions of “injury and personal injury in workers’ compensation and provides a definition for first responder and modifies the requirements of such an employee seeking PTSD arising from the first responder’s direct involvement in a significant traumatic experience.

1/10/17            Introduced and read first time and referred to Judiciary

 

S.174 (similar S.164)  POST TRAUMATIC STRESS DISORDER  Senator Sheheen: A bill providing the definitions of “injury and personal injury in workers’ compensation and provides a definition for first responder and modifies the requirements of such an employee seeking PTSD arising from the first responder’s direct involvement in a significant traumatic experience.

1/10/17            Introduced and read first time and referred to Judiciary

 

S.812  (RAFFLES)  by Senator Hembree and amends Section 33-57-120 dealing with raffles conducted by nonprofit organization for charitable purposes.  The proposed language increases the value of the noncash prizes allowed for these raffles from $500 to $950 and also increases the allowance for the price of a raffle ticket from $100 to $300.

12/06/17          Senate Prefiled

12/06/17          Senate Referred to Committee on Labor, Commerce and Industry

1/09/18            Senate Introduced and read first time

1/09/18            Senate Referred to Committee on Labor, Commerce and Industry

1/31/18            Senate LCI Subcommittee will met @ 10 am in room 307 Gressette.

2/8/18              Senate LCI Committee will meet to debate S.812 @ 9am in room 308 Gressette  (passed out of Committee Favorably).

2/20/18            Senate Calendar

3/1/18              Passed by Senate and sent to House where it was read the first time and referred to House Judiciary.

 

S.822 (RETIREMENT RETURN TO WORK) by Senators Fanning and McLeod.  The bill allows certified teachers and law enforcement officers to return to work to covered employment under the SC Retirement System and Police Officers Retirement System exempting them from the earnings limitation.

1/9/18              Introduced and read the first time and referred to Senate Finance Committee

 

S.1028 (SHARED-RISK RETIREMENT PLAN) by Sen(s) Bennett and Hembree was introduced on 2/20/18  Closes the SCRS to new members as of July 1, 2019 and establishes the South Carolina Shared-Risk Defined Benefits Plan. (PORS excluded).

2/20/18            Introduced and referred to Senate Finance Committee

 

S.1040 (DEFINED CONTRIBUTIONS RETIREMENT PLAN) by Sen(s) Davis and Rice was introduced on 2/22/18.  Provides that beginning July 1, 2019, all new employees that come into the state retirement system must participate in a defined contribution plan.

2/22/18            Introduced and referred to Senate Finance Committee

 

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John Blackmon

A retired law enforcement officer who now serves as the President of the Fraternal Order of Police Tri-County Lodge #3.
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