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S. 266
STATUS INFORMATION
General Bill
Sponsors: Senators Goldfinch, Senn, Cromer, Alexander, Williams and Campsen
Document Path: l:\s-res\slg\003stat.sp.slg.docx
Companion/Similar bill(s): 4241
Introduced in the Senate on January 8, 2019
Currently residing in the Senate Committee on Finance
Summary: State Guard
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/12/2018 Senate Prefiled
12/12/2018 Senate Referred to Committee on Finance
1/8/2019 Senate Introduced and read first time (Senate Journal-page 1591)
1/8/2019 Senate Referred to Committee on Finance
(Senate Journal-page 159)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 12-6-1140 OF THE 1976 CODE, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME, TO REQUIRE A MEMBER OF THE STATE GUARD TO COMPLETE A MINIMUM OF ONE HUNDRED NINETY-TWO HOURS OF TRAINING OR DRILL EACH YEAR IN ORDER TO QUALIFY FOR THE DEDUCTION; TO AMEND SECTION 25-1-635, RELATING TO LEGAL ASSISTANCE SERVICES FOR GUARD MEMBERS AND IMMEDIATE FAMILY MEMBERS, TO AUTHORIZE SOUTH CAROLINA STATE GUARD JUDGE ADVOCATES TO PROVIDE THESE SERVICES AND TO INCLUDE THEM WITHIN THE PERSONAL LIABILITY EXEMPTION; TO AMEND SECTIONS 25-3-20 AND 25-3-130, BOTH RELATING TO THE GOVERNOR'S AUTHORITY TO CALL THE STATE GUARD INTO DUTY, TO CLARIFY THE CIRCUMSTANCES AUTHORIZING THE GOVERNOR TO CALL THE STATE GUARD INTO DUTY AND TO PROVIDE THAT CIRCUMSTANCES INVOLVING A NATURAL OR MANMADE DISASTER, EMERGENCY, OR EMERGENCY PREPAREDNESS MAY WARRANT CALLING THE STATE GUARD INTO SERVICE; AND TO AMEND SECTION 25-3-140, RELATING TO PAY OF STATE GUARD MEMBERS ON ACTIVE DUTY, TO PROVIDE THAT STATE GUARD MEMBERS MAY RECEIVE A DAILY STIPEND OR PER DIEM PAY FOR REASONABLE EXPENSES, OR BOTH, IF APPROVED BY THE ADJUTANT GENERAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 12-6-1140(10)(c)(iv) of the 1976 Code is amended to read:
"(iv) In the case of a member of the State Guard and in lieu of minimum points determining eligibility, this deduction is allowed only if the State Guard member completes a minimum of sixteen one hundred ninety-two hours of training or drill each month, equating to one hundred ninety-two hours a year, and the member's commanding officer certifies in writing to the member that the member met these requirements."
SECTION 2. Section 25-1-635(A) of the 1976 Code is amended to read:
"(A) For purposes of enhancing the readiness of national guard personnel for mobilization or call up for state or federal service, legal assistance attorneys, which may include South Carolina State Guard judge advocates, and judge advocates of the South Carolina National Guard who provide premobilization legal assistance and counseling to national guard personnel may also provide legal assistance and counseling to the immediate family members and dependents of members of the South Carolina National Guard when, in the opinion of the legal assistance, attorney or judge advocate, the legal assistant and counseling provided enhances the overall mobilization readiness of a member of the national guard who has an obligation to provide for his family and dependents in his absence in the event of his mobilization."
SECTION 3. Section 25-1-635(I) of the 1976 Code is amended to read:
"(I) Services provided in the legal assistance program are considered an official function of the national guard and must be provided at no cost to eligible personnel. Legal assistance attorneys, national guard personnel, South Carolina State Guard judge advocates, and civilian employees acting within the scope of their official duties, are exempt from personal liability for alleged negligent or wrongful acts, omissions for service, or advice rendered pursuant to the legal assistance program, so long as the attorneys, personnel, or employees neither requested nor received a fee or compensation other than their regular compensation for legal services provided to persons eligible for assistance under this section."
SECTION 4. Section 25-3-20 of the 1976 Code is amended to read:
"Section 25-3-20. Whenever any a part of the National Guard of this State is ordered into Federal service or is otherwise tasked with duties that cause so as to cause the State to be, in the opinion of the Governor, without proper defense or sufficient military resources, the Governor may call the South Carolina State Guard into state duty."
SECTION 5. Section 25-3-130 of the 1976 Code is amended to read:
"Section 25-3-130. The Governor may, in case of insurrection, invasion, tumult, riot, breach of the peace or imminent danger thereof of a breach, a natural or manmade disaster or local emergency whenever the lives and property of the state's citizens are threatened, emergency preparedness, or to enforce the laws of this State, order into service any part of the South Carolina State Guard that he may deem the Governor deems necessary. When the South Carolina State Guard is on active service, the commanding officer and his subordinates shall must be, and they are hereby, invested with all the authority of, sheriffs and deputy sheriffs in enforcing the laws of this State."
SECTION 6. Section 25-3-140 of the 1976 Code is amended to read:
"Section 25-3-140. When members of the South Carolina State Guard are ordered to active duty by the Governor or by his the Governor's authority, they shall may receive the pay as specified for officers and enlisted men of the national guard a daily stipend or a per diem for reasonable expenses, or both, if approved by the Adjutant General, when called out for such that service."
SECTION 7. Section 12-6-1140(10)(a) of the 1976 Code is amended to read:
"(10)(a) A deduction calculated as provided in this item for a volunteer firefighter, rescue squad member, volunteer member of a Hazardous Materials (HAZMAT) Response Team, reserve police officer, Department of Natural Resources deputy enforcement officer, a member of the State Guard, the Joint Service Detachment, or a volunteer state constable appointed pursuant to Section 23-1-60 for the purpose of assisting named law enforcement agencies and who has been designated by the State Law Enforcement Division as a state constable not otherwise eligible for this exemption."
SECTION 8. This act takes effect upon approval by the Governor.
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March 26, 2019 at 4:12 PM