South Carolina General Assembly
117th Session, 2007-2008

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A269, R321, H3326

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison and Cotty
Document Path: l:\council\bills\swb\5092cm07.doc
Companion/Similar bill(s): 715

Introduced in the House on January 23, 2007
Introduced in the Senate on June 6, 2007
Last Amended on June 5, 2007
Passed by the General Assembly on May 22, 2008
Governor's Action: June 4, 2008, Signed

Summary: Law enforcement officer

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/23/2007  House   Introduced and read first time HJ-4
   1/23/2007  House   Referred to Committee on Ways and Means HJ-4
   1/30/2007  House   Member(s) request name added as sponsor: Cotty
   2/14/2007  House   Recalled from Committee on Ways and Means HJ-31
   2/14/2007  House   Referred to Committee on Judiciary HJ-31
   5/30/2007  House   Committee report: Favorable with amendment Judiciary 
                        HJ-14
    6/5/2007  House   Amended HJ-34
    6/5/2007  House   Debate adjourned HJ-37
    6/5/2007  House   Debate adjourned HJ-57
    6/5/2007  House   Read second time HJ-81
    6/6/2007  House   Read third time and sent to Senate HJ-7
    6/6/2007  Senate  Introduced and read first time SJ-26
    6/6/2007  Senate  Referred to Committee on Judiciary SJ-26
   6/20/2007  Senate  Referred to Subcommittee: Hutto (ch), Jackson, Knotts, 
                        Bryant
    5/7/2008  Senate  Committee report: Favorable with amendment Judiciary SJ-8
   5/13/2008  Senate  Committee Amendment Adopted SJ-13
   5/13/2008  Senate  Read second time SJ-13
   5/14/2008  Senate  Read third time and returned to House with amendments 
                        SJ-15
   5/22/2008  House   Concurred in Senate amendment and enrolled HJ-102
   5/29/2008          Ratified R 321
    6/4/2008          Signed By Governor
   6/11/2008          Copies available
   6/11/2008          Effective date 06/04/08
   6/13/2008          Act No. 269

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/23/2007
5/30/2007
6/5/2007
5/7/2008
5/13/2008


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

(A269, R321, H3326)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-23-120 SO AS TO PROVIDE A PROCEDURE WHEREBY A GOVERNMENTAL ENTITY WHICH HAS ASSUMED THE COST OF TRAINING A LAW ENFORCEMENT OFFICER MAY BE REIMBURSED FOR THESE COSTS BY A GOVERNMENTAL ENTITY THAT SUBSEQUENTLY HIRES THE LAW ENFORCEMENT OFFICER.

Be it enacted by the General Assembly of the State of South Carolina:

Reimbursement for law enforcement training costs

SECTION    1.    Chapter 23, Title 23 of the 1976 Code is amended by adding:

"Section 23-23-120.    (A)    For purposes of this section, 'governmental entity' means the State or any of its political subdivisions.

(B)    After July 1, 2007, every governmental entity of this State intending to employ on a permanent basis a law enforcement officer who has satisfactorily completed the mandatory training as required under this chapter must comply with the provisions of this section.

(C)    If a law enforcement officer has satisfactorily completed his mandatory training while employed by a governmental entity of this State and within two years from the date of satisfactory completion of the mandatory training a different governmental entity of this State subsequently hires the law enforcement officer, the subsequent hiring governmental entity shall reimburse the governmental entity with whom the law enforcement officer was employed at the time of attending the mandatory training:

(1)    one hundred percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired within one year of the date of satisfactory completion of the mandatory training; or

(2)    fifty percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired after one year but before the end of the second year after the date of satisfactory completion of the mandatory training.

(D)    If the law enforcement officer is employed by more than one successive governmental entity within the two-year period after the date of satisfactory completion of the mandatory training, a governmental entity which reimbursed the governmental entity that employed the officer during the training period may obtain reimbursement from the successive governmental entity employer for:

(1)    one hundred percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired within one year of the date of satisfactory completion of the mandatory training; or

(2)    fifty percent of the cost of training the officer, which shall include the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training, if the officer is hired after one year but before the end of the second year after the date of satisfactory completion of the mandatory training.

(E)    The governmental entity that employed the officer during the training period or a governmental entity seeking reimbursement from a successive governmental entity employer must not be reimbursed for more than one hundred percent of the cost of the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training.

(F)    A governmental entity, prior to seeking any other reimbursement, must first seek reimbursement from the subsequent hiring governmental entity under the provisions of this section. In no case may a governmental entity receive more than one hundred percent of the cost of the officer's salary paid during the training period and other training expenses incurred while the officer was attending the mandatory training.

(G)    No officer shall be required to assume the responsibility of the repayment of these or any other related costs by the employing agency of the governmental entity of the employing agency in their effort to be reimbursed pursuant to this section.

(H)    Any agreement in existence on or before the effective date of this section, between a governmental entity and a law enforcement officer concerning the repayment of costs for mandatory training, remains in effect to the extent that it does not violate the provisions of subsections (E), (F), or (G). No governmental entity shall, as a condition of employment, enter into a promissory note for the repayment of costs for mandatory training after the effective date of this section."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 29th day of May, 2008.

Approved the 4th day of June, 2008.

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