South Carolina General Assembly
118th Session, 2009-2010

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H. 3137

STATUS INFORMATION

General Bill
Sponsors: Reps. Harrison and Battle
Document Path: l:\council\bills\ms\7090dw09.docx

Introduced in the House on January 13, 2009
Introduced in the Senate on February 10, 2009
Last Amended on February 5, 2009
Currently residing in the Senate Committee on Judiciary

Summary: Animal control officer

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/16/2008  House   Prefiled
  12/16/2008  House   Referred to Committee on Judiciary
   1/13/2009  House   Introduced and read first time HJ-62
   1/13/2009  House   Referred to Committee on Judiciary HJ-62
    2/4/2009  House   Committee report: Favorable with amendment Judiciary HJ-5
    2/5/2009  House   Amended HJ-25
    2/5/2009  House   Read second time HJ-26
    2/5/2009  House   Unanimous consent for third reading on next legislative 
                        day HJ-26
    2/6/2009  House   Read third time and sent to Senate HJ-2
   2/10/2009  Senate  Introduced and read first time SJ-8
   2/10/2009  Senate  Referred to Committee on Judiciary SJ-8
   2/19/2009  Senate  Referred to Subcommittee: Cleary (ch), Ford, S.Martin

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/16/2008
2/4/2009
2/5/2009

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

Indicates Matter Stricken

Indicates New Matter

AMENDED

February 5, 2009

H. 3137

Introduced by Reps. Harrison and Battle

S. Printed 2/5/09--H.

Read the first time January 13, 2009.

            

A BILL

TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LITTER CONTROL OFFICERS, SO AS TO PROVIDE THAT AN ANIMAL CONTROL OFFICER HAS THE SAME POWERS AND DUTIES AS A LITTER CONTROL OFFICER.

Amend Title To Conform

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

SECTION     1.    Section 4-9-145(B) of the 1976 Code, as last amended by Act 109 of 2001, is further amended to read:

"(B)(1)        The number of litter or animal control officers vested with custodial arrest authority who are appointed and commissioned pursuant to subsection (A) must not exceed the greater of:

(a)    the number of officers appointed and commissioned by the county on July 1, 2001; or

(b)    one officer for every twenty-five thousand persons in the county, based upon the 2000 census. Each county may appoint and commission at least one officer, without regard to the population of the county.

(2)(a)    A litter or animal control officer appointed and commissioned pursuant to subsection (A) may exercise the power of arrest with respect to his primary duties of enforcement of litter or animal control laws and ordinances and other state and local laws and ordinances as may arise incidental to the enforcement of his primary duties only if the officer has been certified as a law enforcement officer pursuant to Article 9, Chapter 6, Chapter 23, Title 23.

(b)    In the absence of an arrest for a violation of the litter or animal control laws and ordinances, a litter or animal control officer authorized to exercise the power of arrest pursuant to subitem (a) may not stop a person or make an incidental arrest of a person for a violation of other state and local laws and ordinances.

(3)    For purposes of this section, the phrase 'litter or animal control officer' means a code enforcement officer authorized to enforce litter or animal control laws and ordinances."

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

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