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327Ratification Number: 125Act Number: 109Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 20010214Primary Sponsor: ThomasAll Sponsors: Thomas, HuttoDrafted Document Number: l:\council\bills\skb\18189som01.docDate Bill Passed both Bodies: 20010607Date of Last Amendment: 20010606Governor's Action: SDate of Governor's Action: 20011004Subject: Environmental enforcement, litter control officers; county council may appoint; Conservation, Political SubdivisionsHistory 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House 20010530 Request for debate by Representative Loftis House 20010530 Amended House 20010530 Request for debate withdrawn by Representative Weeks Meacham- Richardson Trotter House 20010529 Request for debate withdrawn by Representative Bingham Whatley Knotts Frye House 20010529 Request for debate by Representative Whatley Bingham Trotter Frye Meacham- Richardson Knotts Weeks House 20010524 Debate adjourned until Tuesday, 20010529 House 20010524 Request for debate withdrawn by Representative Merrill Perry House 20010523 Request for debate by Representative Altman Simrill Robinson Perry Merrill House 20010517 Committee report: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
(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."
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.
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