South Carolina General Assembly
114th Session, 2001-2002

Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format

Bill 327


                    Current Status

Bill Number:                      327
Ratification Number:              125
Act Number:                       109
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010214
Primary Sponsor:                  Thomas
All Sponsors:                     Thomas, Hutto
Drafted Document Number:          l:\council\bills\skb\18189som01.doc
Date Bill Passed both Bodies:     20010607
Date of Last Amendment:           20010606
Governor's Action:                S
Date of Governor's Action:        20011004
Subject:                          Environmental enforcement, litter control 
                                  officers; county council may appoint; 
                                  Conservation, Political Subdivisions


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20011023  Act No. A109
------  20011004  Signed by Governor
------  20010607  Ratified R125
House   20010607  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20010606  House amendments amended,
                  returned to House with amendment
House   20010531  Read third time, returned to
                  Senate with amendment
House   20010530  Read second time
House   20010530  Request for debate by Representative           Loftis
House   20010530  Amended
House   20010530  Request for debate withdrawn
                  by Representative                              Weeks
                                                                 Meacham-
                                                                 Richardson
                                                                 Trotter
House   20010529  Request for debate withdrawn
                  by Representative                              Bingham
                                                                 Whatley
                                                                 Knotts
                                                                 Frye
House   20010529  Request for debate by Representative           Whatley
                                                                 Bingham
                                                                 Trotter
                                                                 Frye
                                                                 Meacham-
                                                                 Richardson
                                                                 Knotts
                                                                 Weeks
House   20010524  Debate adjourned until
                  Tuesday, 20010529
House   20010524  Request for debate withdrawn
                  by Representative                              Merrill
                                                                 Perry
House   20010523  Request for debate by Representative           Altman
                                                                 Simrill
                                                                 Robinson
                                                                 Perry
                                                                 Merrill
House   20010517  Committee report: Favorable with       25 HJ
                  amendment
House   20010501  Referred to Committee                  25 HJ
House   20010501  Recalled from Committee                20 HANR
House   20010501  Introduced, read first time,           20 HANR
                  referred to Committee
Senate  20010427  Read third time, sent to House
Senate  20010426  Read second time, unanimous 
                  consent for third reading 
                  on Friday, 20010427
Senate  20010426  Committee amendment adopted
Senate  20010426  Co-Sponsor added by Senator                    Hutto
Senate  20010425  Committee report: Favorable with       11 SJ
                  amendment
Senate  20010214  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on April 25, 2001 - Word format
Revised on April 26, 2001 - Word format
Revised on May 17, 2001 - Word format
Revised on May 30, 2001 - Word format
Revised on June 6, 2001 - Word format

View additional legislative information at the LPITS web site.


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

(A109, R125, S327)

AN ACT TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO LIMIT THE NUMBER OF LITTER CONTROL OFFICERS WITHIN A COUNTY AND TO AUTHORIZE LITTER CONTROL OFFICERS WHO ARE CERTIFIED AS LAW ENFORCEMENT OFFICERS TO PERFORM ARRESTS RELATING TO THEIR PRIMARY DUTIES OF ENFORCING LITTER CONTROL LAWS AND WHEN ENFORCING OTHER STATE AND LOCAL LAWS AND ORDINANCES WHICH MAY ARISE INCIDENTAL TO THE ENFORCEMENT OF PRIMARY DUTIES; AND TO AMEND CHAPTER 15, TITLE 23, RELATING TO THE GENERAL POWERS AND DUTIES OF SHERIFFS, BY ADDING SECTION 23-15-140, SO AS TO PROVIDE FOR THE DESCRIPTION OF THE OFFICIAL BADGE TO BE WORN BY THE STATE'S SHERIFFS AND DEPUTY SHERIFFS.

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

Litter control officers with custodial arrest authority; number of; powers

SECTION 1. Section 4-9-145 of the 1976 Code is amended to read:

"Section 4-9-145. (A) Except as provided in subsection (B), the governing body of a county may appoint and commission as many code enforcement officers as may be necessary for the proper security, general welfare, and convenience of the county. These officers are vested with all the powers and duties conferred by law upon constables in addition to duties imposed upon them by the governing body of the county. However, no code enforcement officer commissioned under this section may perform a custodial arrest, except as provided in subsection (B). These code enforcement officers must exercise their powers on all private and public property within the county. The governing body of the county may limit the scope of a code enforcement officer's authority or the geographic area for which he is authorized to exercise the authority granted.

(B)(1) The number of litter 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 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 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, Title 23.

(b) In the absence of an arrest for a violation of the litter control laws and ordinances, a litter 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 control officer' means a code enforcement officer authorized to enforce litter control laws and ordinances."

Sheriff's official badge

SECTION 2. The 1976 Code is amended by adding:

"Section 23-15-140. (A) The purpose of this section is to provide for uniformity among sheriffs and deputy sheriffs, and to aid the public in identifying a sheriff and deputy sheriff.

(B) A badge that consists of or incorporates the shape of a five-pointed or six-pointed star with a replica of the Great Seal of South Carolina inscribed in its center is the official badge to be worn by all sheriffs and deputy sheriffs throughout the State.

(C) It is unlawful for a person who is not a sheriff or deputy sheriff to present himself as such by wearing or presenting the official badge described in subsection (A).

(D) A person who violates the provisions of this section, upon conviction, must be fined not more than one hundred dollars, or imprisoned not more than thirty days."

Time effective

SECTION 3. This act takes effect upon approval by the Governor, except that Section 2 takes effect on January 1, 2002.

Ratified the 7th day of June, 2001.

Approved the 4th day of October, 2001.

__________


This web page was last updated on Tuesday, December 8, 2009 at 11:11 A.M.