IN SOUTH CAROLINA
PENSION REFORM
As proud members of the Public Safety Coalition, we actively engage in advocating for pension reform within the South Carolina General Assembly. Our commitment is unwavering as we tirelessly work to safeguard the pension benefits that our law enforcement heroes rightfully deserve. In addition to championing pension reform, we are at the forefront of the battle against the current return-to-work restrictions for retirees.
FARGO’S AND HYCO’S LAW
Our steadfast commitment to justice is exemplified by our strong support for the passage of South Carolina House Bill 3247, known as Fargo’s and Hyco’s Law. This crucial legislation seeks to enhance penalties for those who harm or, tragically, kill law enforcement animals. As advocates for the brave men, women, and K-9 companions who selflessly serve our communities, we believe in the importance of recognizing and addressing the unique challenges faced by these dedicated partnerships.
INCREASING SUBSISTENCE DEDUCTION
We proudly stand in support of Senate Bill 969, a crucial piece of legislation aimed at enhancing the working conditions and recognizing the dedicated service of our law enforcement officers in South Carolina. This bill proposes amendments to the subsistence deduction and volunteer exemption, aligning with our mission to advocate for the well-being of those who tirelessly safeguard our communities. Join us in endorsing Senate Bill 969 and advocating for positive changes that will positively impact the lives of our law enforcement professionals.
LAW ENFORCEMENT BILL OF RIGHTS
As advocates for the men and women who dedicate their lives to protecting our communities, we firmly stand behind the passage of a Law Enforcement Officers’ Bill of Rights. This crucial legislation is designed to safeguard the rights and privileges of our law enforcement professionals, ensuring fair treatment, due process, and protection from unwarranted scrutiny. At SCFOP, we believe in fostering a supportive environment for those who risk their lives to keep us safe, and advocating for the implementation of a Law Enforcement Officers’ Bill of Rights is a key step towards achieving this goal.
NATIONALLY
Support the “Social Security Fairness Act”
The FOP strongly supports legislation to restore full Social Security benefits for law enforcement officers by repealing both the “Windfall Elimination Provision” (WEP) and the “Government Pension Offset” (GPO).
Support the “Public Safety Employer-Employee Cooperation Act”
The FOP strongly supports legislation to guarantee the right of public employees to bargain collectively with their employers over hours, wages and conditions of employment. Such legislation should mandate that State laws provide minimum collective bargaining rights to their public safety employees while prohibiting strikes and lockouts. States with collective bargaining laws already on the books would be exempt from the Federal statute. Such legislation is unlikely to be introduced in this Congress.
Support H.R. 964, the “Law Enforcement Officers’ Equity Act”
The FOP strongly supports legislation expanding the definition of “law enforcement officer” for salary and retirement benefits to include all Federal law enforcement officers.
Latest Statehouse Report
- Statehouse Report – 04/20/2024
Return to Work Legislation
There are many return to work bills that have been introduced. Only one has moved which is H3425. However, there are four provisos that appear in the Budget Bill that have been adopted in the past few years. NOTE: Provisos are year-to-year.
H3425 (Return to Work) By Pope, Thayer, Gilliam, S. Jones, Wooten, B. Newton, McCravy, Lawson, Leber and Atkinson. Allows PORS members to return to work without an earning limitation if they work in a critical need area or they wait a 12 month period upon retirement before returning to work for a covered employer. Also includes SCRS members to return to work without an earning limitation if they wait the 12 month period. Referred to Ways and Means. H3425 was passed by the House and sent to the Senate where it was referred to Senate Finance Committee.
Bill Number Description Status Date SCFOP’s Position Hyperlink S188 Earnings Limitation – eliminates the cap for PORS members. Also, eliminates the cap for retired certified teachers Read 1st time Referred to Finance Awaiting hearing 1/10/24 1/10/24 Support Read Bill S239 Earnings Limitation -eliminates the cap for PORS members Read 1st time Referred to Finance Awaiting hearing 1/10/24 1/10/24 Support Read Bill S420 Earnings Limitation – moves cap from $10K to equal to the annual retirement earnings test exempt lower amount as set by the Social Security Administration. This amount was $18,240 in 2020 Read 1st time Referred to Finance Awaiting hearing 1/19/24 1/19/24 Monitor Read Bill S1006 Earnings Limitation – Constables working in multiple agencies/departments Read 1st time Referred to Finance Awaiting hearing 1/31/24 1/31/24 Support Read Bill H3143 Earnings Limitation – provides that certain disability retirees are subject to certain earnings limitations Read 1st time Referred to Ways and Means Awaiting hearing 1/10/23 1/10/23 Support Read Bill H3425 Earnings Limitation – Allows PORS members to return to work without an earnings limitation if they work in a critical need area or they wait a 12 month period Read 1st time Referred to Ways and Means Passed the House Sent to Senate Referred to Finance Awaiting hearing 1/10/24 1/10/24 5/16/23 5/23/23 5/23/23 Support Read Bill H4123 Eliminates the earnings Cap for SROs Read 1st time Referred to Ways and Means Awaiting hearing 3/9/23 3/9/23 Support Read Bill H4971 Earnings Limitation – Allows those retiring prior to 1/2/25 to return to work with no earning cap Read 1st time Referred to Ways and Means Awaiting hearing 1/30/24 1/30/24 Support Read Bill 108.12 Earnings Limitation -COVID response DELETED BY THE HOUSE DELETED BY SENATE FINANCE 3/13/24 4/10/24 Support Provisos recommended by the House Provisos recommended by the Senate Finance Committee (page 16) 108.16 Earnings Limitation-12 month separation AMENDED: The House added language that provides an exemption from the earnings limitation if the retired member returns to work in a critical need law enforcement position. Final determination and approval of a critical need law enforcement position lies with the General Assembly. AMENDED AND ADOPTED BY THE HOUSE ORIGINAL PROVISO ADOPTED BY SENATE FINANCE; WHICH DELETES CRITICAL NEED LANGUAGE FOR LAW ENFORCEMENT 3/13/24 4/10/24 Support Provisos recommended by the House Provisos recommended by the Senate Finance Committee (page 18) 108.17 Earnings Limitation 12 month separation and re-certification of officers ADOPTED BY THE HOUSE ADOPTED BY SENATE FINANCE 3/12/24 4/10/24 Support Provisos Passed by the House 117.126 Earnings Limitation SROs – school resource officers determined as critical need position and not subject to earnings cap. AMENDED: The House updated the eligibility date from December 31, 2017 to December 31, 2023. AMENDED FURTHER: SENATE FINANCE – Updated the eligibility date from December 31, 2017 to December 31, 2022. AMENDED AND ADOPTED BY THE HOUSE AMENDED AND ADOPTED BY SENATE FINANCE 3/12/24 4/10/24 Support Provisos Passed by the House Provisos recommended by the Senate Finance Committee (page 5-6) Fargo and Hyco’s Law
There are two bills that address police animals. The House bill stiffens penalties and retains the mandatory minimums and the Senate bill removes the mandatory minimum when torturing, mutilating, poisoning, killing a police dog.
H3247 (Fargo’s and Hyco’s Law) Rep. Collins This bill would stiffen penalties for teasing, harming, maltreating, injuring, or harassing police dogs and horses as well as increasing penalties for torturing, injuring, mutilating, poisoning, killing a police dog or horse. Referred to Judiciary.
- Teasing, harming, maltreating, injuring, or harassing police dog or horse: Penalty increase: fined not less than $2000 no more than $5000 and not less than thirty days and no more than five years or both. Current law is fined not less than five hundred dollars nor more than one thousand dollars or imprisoned not less than thirty days nor more than six months, or both.
- Torturing, Mutilating, Poisoning, Killing a police dog or horse: Penalty Increase: fined not less than $2000 and not more than $20,000 and sentenced to a term of imprisonment not less than 2 years and not more than 10 years and must pay restitution to the law enforcement department/agency to cover the full cost of restoring animal injured or killed. Current law is fined not less than two thousand dollars nor more than five thousand dollars and imprisoned not less than one year nor more than five years. H3247 was referred to House Judiciary awaiting a subcommittee hearing.
S277 (Sentencing Reform) This has a SECTION 191 in the bill Section 47-3-630 whereby the mandatory minimum for felony conviction for killing, torturing, etc. of a police dog is removed. S277 was referred to Senate Judiciary awaiting a hearing.
Bill Number Description Status Date SCFOP’s Position Hyperlink H3247 Fargo and Hyco’s Law Read 1st time Referred to House Judiciary Awaiting a hearing 1/10/24 1/10/24 Support Read Bill S277 Sentencing Reform – includes language that eliminates the mandatory minimum for felony conviction of killing/torturing a police dog Read 1st time Referred to Senate Judiciary Awaiting a hearing 1/10/24 1/10/24 Monitor Read Bill Tax Exemptions/Deduction that Impact Law Enforcement
Bill Number Description Status Date SCFOP’s Position Hyperlink H.5100 Comprehensive Tax Cut of 2022 (S.1087) – Year 3 (6.4% to 6.3%) SENATE FINANCE (Comprehensive Tax Cut of 2022 (S.1087) – Year 3 (6.4% to 6.2%) ADOPTED BY THE HOUSE Amended and ADOPTED BY SENATE FINANCE 3/13/24 4/10/24 Support H.5100 House Budget Summary Control Document by Ways and Means (Summary of Budget Recommendations) Summary Control Document by Senate Finance.(Summary of Budget Recommendations) S122 Income Tax Deduction on all First Responder Retiree Income Read 1st time Referred to Finance Awaiting a hearing 1/10/24 1/10/24 Support Read Bill S692 Exempt Retirement Income of State Employees from Income Tax Read 1st time Referred to Finance Awaiting hearing 3/29/23 3/29/23 Support Read Bill S969 Tax Deductions for First Responders Officers – Increases daily subsistence from $8 to $16 and increase the volunteer exemption amount for law enforcement and Firefighters from $3000 to $6000 Read 1st time Referred to Senate Finance Subcommittee reported the bill out favorably Passed out favorably from Senate Finance Read 1st time Referred to Ways and Means Hearing scheduled for Use and Income Tax Subcommittee of Ways and Means, Wednesday, April 17, 2024 @ 9:30am room 407 Blatt building. 1/17/24 1/17/24 2/20/24 2/27/24 3/20/24 3/21/24 3/21/24 4/17/24 Support Read S969 H4102 Income tax exemption for first responders’ (law enforcement, firefighters, emts or peace officers) retirement income Read 1st time Referred to Ways and Means Awaiting hearing 3/8/23 3/8/23 Support Read Bill H4210 Exempt State Employees’ Retirement Income from income tax Read 1st time Referred to Ways and Means Awaiting hearing 3/29/23 3/29/23 Support Read Bill H4534 Provides a tax deduction for first responder (law enforcement, firefighters, emts or peace officers) retirement income Read 1st time Referred to Ways and Means Awaiting hearing 1/9/24 1/9/24 Support Read Bill H4697 Income tax exemption for law enforcement, first responders (firefighter, paramedic, emt)and teachers retirement income Read 1st time Referred to Ways and Means Awaiting hearing 1/9/24 1/9/24 Support Read Bill H5009 Income tax exemption for law enforcement, first responders (firefighter, paramedic, emt)and teachers retirement income Read 1st time Referred to Ways and Means Awaiting hearing 2/1/24 2/1/24 Support Read Bill Monitored Bills
Bill Number Description Status Date SCFOP’s Position Hyperlink S81 Workers’ Compensation- PTSD – By Malloy. Provides that a limitation on stress, mental injuries, and mental illness for workers’ compensation does not apply to a first responder (fire and law enforcement) diagnosed with post-traumatic stress disorder Read 1st time Referred to Judiciary Subcommittee hearing/bill not reported out. 1/10/23 1/10/23 4/4/23 Support Read Bill S82 Workers’ Compensation- PTSD coverage for First Responders) By Malloy. Provides that a limitation on stress, mental injuries, and mental illness for workers’ compensation does not apply to a first responder (fire, law enforcement, emts and paramedics) diagnosed with post-traumatic stress disorder Read 1st time Referred to Judiciary Subcommittee Assigned/bill not reported out. 1/10/23 1/10/23 4/4/23 Support Read Bill S251 First Responders’ Workers’ Compensation Coverage for PTSD) Provides that first responders medically diagnosed with Post-traumatic stress disorder arising from a significant traumatic experience or situation in the course of scope of employment, the first responder has an incapacity to work as determined by the treating physician and the first responder is participating in and receiving clinical care through SCLEAP or SC FAST programs may be eligible for a workers’ compensation claim Read 1st time Referred to Judiciary Subcommittee reported the bill out favorably Full Judiciary reported the bill out favorably. The Bill is on the Senate Calendar The bill is contested. 1/10/23 1/10/23 4/4/23 2/20/24 3/1/24 Support Read Bill S892 Marijuana – This bill provides that the scent of marijuana alone does not provide law enforcement with reasonable suspicion or probable cause to support a stop, search, seizure or arrest Read 1st time Referred to Judiciary Awaiting hearing 1/9/24 1/9/24 Oppose Read Bill S1007 NCIC – Expiration of certificates for law enforcement officers so as to permit SLED to conduct and retain state and federal level criminal records checks on individuals seeking certification Read 1st time Referred to Judiciary Awaiting hearing 1/31/24 1/31/24 Support Read Bill H3594 Constitutional Carry – Enacting the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023 Read 1st time Passed by House Passed by Senate with Amendments. Returned to House. House amended and the Senate refused to agree in House amendments. Conferees assigned: Reps. Caskey, Cox and Bamburg. Sens. Hutto, Massey and Martin Bill passed and signed by the Governor 1/10/23 2/23/23 2/1/24 2/15/24 2/27/24 3/7/24 Monitor Read Bill Read SLED Guidance H3523 Fallen First Responder Advocate -This bill creates a Fallen First Responder Advocate position within the Department of Administration to assist surviving family members of first responders killed in the line of duty Read 1st time Referred to Judiciary Passed the House and sent to the Senate and referred to Judiciary 1/10/23 1/10/23 1/25/24 Support Read Bill H4646 Public Employee Communication Act – This bill provides that a public employee may not be prohibited from communicating with an elected public official for any job-related purpose. For purposes of this section, “public employee” means any person providing services for the State of South Carolina, state agencies, counties, municipalities, or subdivisions of such governmental bodies Read 1st time Referred to 3M Awaiting hearing 1/9/24 1/9/24 Monitor Read Bill