South Carolina General Assembly
114th Session, 2001-2002

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Bill 327


Indicates Matter Stricken
Indicates New Matter


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


Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 25, 2001

    S. 327

Introduced by Senator Thomas

S. Printed 4/25/01--S.

Read the first time February 14, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 327) to amend Section 4-9-145, as amended, Code of Laws of South Carolina, 1976, relating to county code enforcement officers, so as to authorize environmental enforcement and litter control officers, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:

    /    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 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:

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

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

    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 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 wear the official badge described in subsection (A), or to wear a badge or insignia similar to the official badge that is indistinguishable from a distance of at least twenty feet.

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

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

    Renumber sections to conform.

    Amend title to conform.

JOHN DAVID HAWKINS for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    Enactment of this bill will not have a fiscal impact on the General Fund of the State nor on federal and/or other funds.

LOCAL GOVERNMENT IMPACT:

    The counties have stated there will be no fiscal impact associated with this bill.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND SECTION 4-9-145, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COUNTY CODE ENFORCEMENT OFFICERS, SO AS TO AUTHORIZE ENVIRONMENTAL ENFORCEMENT AND LITTER CONTROL OFFICERS, WHO ARE CERTIFIED AT A MINIMUM LEVEL OF CLASS TWO LAW ENFORCEMENT OFFICER, TO PERFORM CUSTODIAL ARRESTS, AND TO LIMIT THE NUMBER OF ENVIRONMENTAL ENFORCEMENT OFFICERS OR LITTER CONTROL OFFICERS TO ONE PER COUNTY OR ONE FOR EVERY THIRTY THOUSAND PERSONS IN THE COUNTY, WHICHEVER NUMBER IS GREATER.

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

SECTION    1.        Section 4-9-145 of the 1976 Code, as last amended by Act 373 of 1996, is further amended to read:

    "Section 4-9-145.    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.; provided, however, the maximum number of environmental enforcement or litter control officers commissioned pursuant to this section may not exceed one per county or one for every thirty thousand persons in the county, whichever number is greater. These Code enforcement 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. Environmental enforcement and litter control officers commissioned pursuant to this section and certified at a minimum level of Class Two law enforcement officer may perform custodial arrests. However, no No other code enforcement officer commissioned under pursuant to this section may perform a custodial arrest. These code enforcement officers shall 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."

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

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