SCFOP Legislative Update: May 30 – June 3, 2011

S 0020 General Bill, By Grooms, McConnell, Thomas, Alexander, Leatherman,

Knotts, Bryant, Hayes, Rose, Verdin, S. Martin, Peeler, L. Martin, Fair, Ryberg, Cromer, Campsen, Davis and Shoopman.  This bill provides that a law enforcement officer has reasonable suspicion that a person stopped, detained, or arrested is unlawfully in the US, the officer must follow certain procedures to verify his immigration status and makes it unlawful for a person unlawfully in the US to solicit work.  The bill provides that a uniformed immigration enforcement unit would be created at the Department of Public Safety and an illegal immigration enforcement training program to be made available to local law enforcement agencies. A version of S. 20 has passed both the Senate and House.  The Senate is considering amending the legislation to provide that upon a third violation of hiring an illegal alien, LLR will inform local governments to revoke the business license of the violator. S. 20 will be taken up when the General Assembly returns June 14 to July 1.

S 0035 General Bill, By McConnell and Verdin

This bill provides that a driver when signaled by law enforcement to stop may proceed to a reasonably close and safe location before stopping.  Bill was referred to Senate Judiciary 1/11/11.  Referred 3/7/11 to a Subcommittee: Senator(s) Rankin (ch), Campsen, Coleman, Davis, Nicholson.

S 0254 General Bill, By Cleary, McConnell and Hutto

This amends laws relating to gambling and lotteries to add definitions for the regulation of gambling and to make penalties for unlawful lotteries and gambling.  This bill allows exceptions for games of cards or dice in a private residence or home and monies paid for gambling are be recoverable by a debtor.  Bill is on Senate Calendar with Senators Hayes and Bright desiring to be present.

S 0255 General Bill, By Cleary, McConnell, Hutto and Rose

This bill authorizes qualified religious, charitable, educational, and other eleemosynary organization to operate and conduct raffles and casino night charity games through registration with SC Sec. of State.  Proceeds are required to be used for religious, charitable, educational, or other eleemosynary purposes.  Bill was referred to Senate Judiciary 1/11/11. S.0255 passed the Senate and was sent to the House of Representative where it was referred to House Judiciary 2/10/11.

S 0256 (H3061) Joint Resolution, By Cleary, McConnell, Hutto and Rose.

This bill is a joint resolution proposing an amendment to the constitution.  This bill provides that the General Assembly may authorize raffles to be operated and conducted by religious, charitable or nonprofit organizations.  Bill was referred to Senate Judiciary 1/11/11.  Bill is on Senate Calendar with Senators Thomas and Bright desire to be present.

S 674 Joint Resolution (Dual Office Holding Exemption), by Knotts

This bill is a joint resolution proposing an amendment to the constitution.  This bill provides that the prohibition against holding two offices of honor or profit does not apply to commissioned law enforcement officers, corrections officers, or deputy coroners who hold public office in a political subdivision other than the one in which they serve as a law enforcement officer, corrections officer, or deputy coroner.  The bill was introduced and referred to Senate Judiciary 3/9/11. Met with Senate Judiciary staff regarding movement of the bill 5/5/11.

S 676 General Bill,  by Knotts

This bill provides that the prohibition against holding two offices of honor or profit does not apply to commissioned law enforcement officers, corrections officers, or deputy coroners who hold public office in a political subdivision other than the one in which they serve as a law enforcement officer, corrections officer, or deputy coroner.  The bill was introduced and referred to Senate Judiciary 3/9/11. Met with Senate Judiciary staff regarding movement of the bill 5/5/11.

H 3126 General bill, by Rutherford and GM Smith

This bill requires that certain statements made during a custodial interrogation must be video recorded.  It also provides that a court must instruct a jury that it may draw an adverse inference for a law enforcement officer who fails to video record a statement relating to a crime. The bill also provides the circumstance in which a person's statement may be used for impeachment purposes, the circumstances when a statement obtained in another state or by the federal government is admissible in this state and the circumstances when an inaudible portion of a video recording does not render it inadmissible in a judicial preceding. Bill was referred to House Judiciary 1/1/11.

H 3161 General Bill, by Sellers

This bill provides that a person who has been issued a concealed weapons permit may secure his weapon under a seat in a vehicle or in any open or closed storage compartment within the vehicle's passenger compartment; and to revise the definition of the term "luggage". Bill referred to House Judiciary 1/1/11.

H 3194 General Bill, by Pope, Tallon, Hixon, DC Moss, GR Smith and Simrill

Similar to H3193. This bill outlines deductions allowed from South Carolina taxable income of an individual for purposes of the South Carolina income tax act, so as to allow a maximum three thousand dollar a year deduction for volunteer state constables designated by the state law enforcement division as state constables and to provide the eligibility requirements for this deduction.  Bill was referred to House Ways and Means 1/1/11. H.3194 passed the House and sent to the Senate 4/29/11.  Referred to Senate Finance Committee 5/3/11.

H 3265 General Bill, by D.C. Moss

This bill makes it unlawful for a person to flee from a law enforcement officer and provides penalty for doing so (misdemeanor and imprisoned for not more than 90 days).  Bill referred to House Judiciary 1/1/11.

H 3292 General Bill, by Pitts, Cooper, Delleney, D.C. Moss, Huggins, Bingham, Hixon, Barfield, Patrick, G.R. Smith, Loftis, Umphlett, Bowen, Owens, Murphy, Hiott, Bikas, Sandifer, White, McCoy, Hearn, Parker, Erickson, Long, Henderson, Taylor, Quinn, Bannister, Hamilton, Bedingfield, Forrester, Herbkersman, Simrill, Young, Pope, Willis, G.M. Smith, Weeks, Viers, Clemmons and Knight  

This legislation makes numerous revisions relating to carrying handguns and firearms. Among other things, this legislation provides a list of locations where certain persons are prohibited from carrying a handgun, whether concealed or not. The legislation includes provisions for the transportation and storage of firearms in a locked vehicle; the legislation provides that certain persons may not prohibit an individual from transporting or storing legally-possessed firearms or ammunition in the individual's privately-owned motor vehicle. The legislation provides that it is unlawful to carry a handgun, whether concealed or not, with the intent to use it unlawfully against another person. The intent to use a handgun unlawfully against another person shall not be inferred from the mere possession, carrying, or concealment of a loaded or unloaded handgun. The legislation revises the circumstances upon which a person can carry a firearm on school property. The legislation revises the circumstances upon which it is unlawful to carry a deadly weapon. Relating to additional penalties for carrying a firearm onto the premise of a business that sells alcoholic beverages, the legislation revises the penalties and the circumstances upon which they must be imposed. The legislation deletes the provision that requires a permit holder to have his identification card in his possession whenever he carries a concealable weapon and inform a law enforcement officer that he is a permit holder under certain circumstances. The legislation revises the locations upon which it is lawful to carry a concealable weapon with and without a permit, and it revises the circumstances upon which a valid out-of-state permit to carry a concealable weapon must be honored. Relating to the carrying of concealable weapons upon the premises of a business or a residence, this legislation revises the circumstances upon which it is lawful to carry a concealable weapon on these premises. Penalties are provided for various violations. Introduced 1/12/11 and referred to House Judiciary.  The president of the SCFOP sent a letter to Rep. Viers regarding the FOP’s opposition to the legislation.  Currently the legislation is being debated in House Judiciary.  

H 3500 General Bill, Rep. Pitts
This bill provides that political subdivisions of this state employing full-time law enforcement officers shall grant a total of at least one hundred eighty days of paid administrative leave for an officer who suffers bodily injury when physically attacked while in the performance of official duties. The legislation provides that this paid administrative leave applies before the officer is required to use any sick leave. Referred to the Ways and Means Committee 1/27/11.

H 3501 General Bill, Rep. Pitts
This bill revises provisions authorizing a payroll deduction for dues of the State Employees’ Association, South Carolina Law Enforcement Officers Association (SCLEOA) and the South Carolina Troopers’ Association, so as to also authorize a payroll deduction for dues of the South Carolina Fraternal Order of Police. Referred to Ways and Means Committee 1/27/11.

S 647 General Bill (Point of Sale), by Campbell, Peeler, Bryant, Elliott, Grooms, Davis, Campsen, Rose, Hayes and Coleman  and H 3713 General Bill (Point of Sale), By Merrill, J.R. Smith, Ryan, Hamilton, Stringer, G.R. Smith, Bedingfield, Barfield, Sandifer, McCoy, Murphy, Horne, Stavrinakis, Clemmons, Loftis, Lucas, Herbkersman, Patrick, Erickson, G.M. Smith, Knight and Hixon

Current law, Act 388 provides that existing homeowners should be protected from assessment and property tax increases, but properties should be reassessed when they change ownership to reflect what they are really worth. The Realtors don't like the reassessment when there is a change in ownership.  S.647 and H.3713 elimate the tax increase connected to a change in ownership of a property, essentially rolling back the assessments on any property sold after 2006.  No refunds will be provided under the legislation, but homeowners would see reduced bills the following year.   S.647 on Senate Calendar.  Senator Hutto desires to be present.  

H 3713 General Bill (Point of Sale), By Merrill, J.R. Smith, Ryan, Hamilton, Stringer, G.R. Smith, Bedingfield, Barfield, Sandifer, McCoy, Murphy, Horne, Stavrinakis, Clemmons, Loftis, Lucas, Herbkersman, Patrick, Erickson, G.M. Smith, Knight and Hixon  and similar to S 647 General Bill (Point of Sale), by Campbell, Peeler, Bryant, Elliott, Grooms, Davis, Campsen, Rose, Hayes and Coleman  

Current law, Act 388 provides that existing homeowners should be protected from assessment and property tax increases, but properties should be reassessed when they change ownership to reflect what they are really worth. The Realtors don't like the reassessment when there is a change in ownership.  S.647 and H.3713 eliminate the tax increase connected to a change in ownership of a property, essentially rolling back the assessments on any property sold after 2006.  No refunds will be provided under the legislation, but homeowners would see reduced bills the following year.  H 3713 was Passed by the House and the Senate and enrolled for ratification 6/2/11. A compromise was reached on ATI/point of sale Wednesday morning, attached to H. 3713 and passed by both chambers. Given the circumstances, the compromise represents the best outcome available. The total fiscal impact of the original point of sale bill was $52 million; however, the compromise represents only a fraction of this fiscal impact estimated at $3.2 million by the Board of Economic Advisors. 

Retirement Issue:  

Finance Subcommittee on Retirement & Employee Benefits – Tuesday, April 12, 2011, the Committee received information from the Eleanor Kitzman, Executive Director of the Budget and Control Board.  She informed the committee that she would be releasing a Request for Proposal (RFP) for a new actuarial and experience review.  She projects that the results from the review will be available to the legislature in early September.  Tuesday, April 19, 2011 the Finance Subcommittee on Retirement & Employee Benefits heard testimony from Mr. Robert L. Borden, CFA, Chief Executive Officer and Chief Investment Officer for the South Carolina Retirement Investment Commission and approved the Commission’s budget request.  Monday, May 2, 2011 the SC Budget and Control Board voted to accept (as information) the current actuarial study conducted for the SC Retirement System.  Eleanor Kitzman reported that the RFP for a new actuarial and experience review has been released.  SC Retirement Systems Actuary Selection Committee - Committee continuing its process in selection of an actuary. 

H. 3066 General Bill (Department of Administration) Reps. G.R. Smith, Daning, Ballentine, Harrison, Allison, Hamilton, G.M. Smith, Bingham, Long, Henderson, Erickson, Horne, Willis, Weeks, McLeod, Pope, Simrill, Lucas, Norman, D.C. Moss, Clemmons, Harrell, Atwater, Bedingfield, Funderburk and Edge.   This bill creates the Department of Administration as a cabinet agency to perform several services currently performed by the Budget and Control Board and the Governor’s Office. H. 3066 received a favorable report from a Senate Judiciary subcommittee.  There is some concern by retirees that the Health Insurance Program is being placed with the Department of Administration rather than remaining with the Budget and Control Board. Retirees believe that if the board retains the Insurance Program decisions will be made in the public forum which is preferred.  An amendment was offered and adopted.  H.3066 was heavily debated on the last day of the regular session but failed to receive third reading before session ended.  The Governor has called the General Assembly back to Columbia Tuesday, June 7, 2011 to complete work on several bills.  The Senate questions whether the Governor can call them back at this time.  The status of H.3066 bill is pending at this point.  If the Governor is allowed to bring the General Assembly back into session, H.3066 could continue to be debated this year.  If the General Assembly is not brought back as ordered by the Governor, debate on H.3066 will be continued into next year because the Sine Die adjournment (H.4195) does not include H.3066 as an item that can be debated when the General Assembly returns June 14, 2011. 

S.531 General Bill (Retirement Issue), Campsen, et.al.  This bill closes the South Carolina Retirement System, the Retirement System for Judges and Solicitors, the Retirement System for Members of the General Assembly, the Police Officers Retirement System, and the State Optional Retirement Program to employees hired or officers taking office after June 30, 2012. Officers or employees hired or taking office after that date must be enrolled in the South Carolina Retirement Investment Plan which the legislation establishes as a defined contribution plan.  Referred to Senate Finance Committee 2/9/11.

H.3568  General Bill (Retirement Issue) Rep. G. M. Smith
Currently this bill does not impact the PORS system.  However, this bill closes the South Carolina Retirement System, the Retirement System for Judges and Solicitors, the Retirement System for Members of the General Assembly, and the State Optional Retirement Program to employees hired or officers taking office after June 30, 2012. Officers or employees hired or taking office after that date must be enrolled in the South Carolina Retirement Investment Plan which the legislation establishes as a defined contribution plan. Referred to Ways and Means 2/08/11.

Do you have and know how to use a digital video camera during surveillances? Can you take photos from that camera? Do you have excellent report writing skills? Do you want to make some money?

The Office of Special Investigations, LLC, which has been in business for over a decade now, is seeking licensed Investigators from the states of:

1. Maryland

2. North Carolina

3. South Carolina

4. Texas

5. Virginia

This is due to an immediate expansion in the insurance fraud field. Again, only currently licensed Investigator need apply.

We only specialize in Workers Compensation and Third Party injury cases. We are one of the few “Law Enforcement Only” agencies in the country utilizing only off-duty, retired and former Law Enforcement Officers from Federal, State and Local Law Enforcement Agencies.

So if you would like to earn some extra money, $37.50 - $62.50 per hour, based on an 8 hour day, and are an off-duty, retired or former Law Enforcement Officer that is licensed in the above listed states, please contact our agency at:    LEOjobs@OfficeofSpecialInvestigations.com for additional information. Please include all of your contact information (name, address, phone, Agency worked, current LEO status, etc) in the email and you will receive a response.

Qualifications:

• Associate degree in criminal science or related field 
• 10-15 years of experience in multiple aspects of law enforcement, some of which must have been at the supervisory level
• Or any equivalent combination of education and experience
• Completion of SC Law Enforcement Academy
• Must possess SC Law Enforcement certification(s)
• Possess a valid state driver’s license
• Must reside or willing to relocate to Chester County 

Salary range:  $42,416 (min.) $50,899 (mid.) $59,382 (max)

Applications available at www.chestersc.org, Chester Workforce Center, 764 Wilson Street and Chester City Hall, 100 West End Street, Chester.

The City of Chester is an equal opportunity employer. 

A law enforcement career provides professional and personal challenges and offers a chance to make a positive impact in the community. Law enforcement is the perfect field for individuals who are committed to public service.

The Sumter Police Department is a nationally accredited law enforcement agency that is rapidly moving forward in terms of proactive approaches to policing by use of technology and professional growth opportunities. The Sumter Police Department believes in an honorable tradition, “a commitment to service above self.”

A career with the Sumter City Police Department offers excitement, a sense of honor, job satisfaction, teamwork and excellent salary and benefits.

Qualifications:

• Must be at least 21 years of age
• Citizen of the United States
• No criminal convictions
• Must have a valid SC driver’s license with a good driving record
• Must be able to pass physical fitness test, written examination, polygraph, psychological, oral interview and thorough background investigation
• Professional in appearance and demeanor
• If applicable, possess an honorable discharge from the armed forces

Required documents: These documents must be received by police headquarters prior to the date scheduled for the oral and board interview

• High school diploma or GED certificate
• Social security card
• Birth certificate
• Valid South Carolina driver's license
• Out-of-state driving record if out of state license held within the past five years
• If applicable
  • military discharge form DD214
  • proof of name change
  • naturalization papers

Training process:

• Successfully complete the South Carolina Criminal Justice Academy
• Complete firearms training four times per year
• Fitness test required every six months
• Complete annual defensive driving course
• Attend classes for legal updates and test on materials

Applications and employment information are available at www.sumtersc.gov.

Submit application to City of Sumter Human Resources, 21 N Main St, Sumter SC 29150. A resume may be submitted with the application.

For more information, contact Sergeant Charles Drake at 803.436.2701 or CDrake@sumter-sc.com.