South Carolina Fraternal Order of Police
Legislative Report
The South Carolina Legislature is divided into two parts called bodies (The House of Representatives and the Senate) and combined the bodies form the General Assembly.
House of Representatives
- Speaker of the House is Murrell Smith (R – Sumter) since May 12, 2022
- Minority Leader is Todd Rutherford (D- Richland)
Speaker Pro Tempore – Tommy Pope (R – York) - 124 seats
- 2 year terms (next election November 5, 2024)
- Republicans (88); Democrats (36)
- Qualifications: is qualified to vote in state elections; 21 years of age; a resident of the district in which he/she seeks to represents; has not been convicted of or pled guilty to a felony or voter fraud or bribery unless 15 years has elapsed since time was served.
- Prefile dates 11/16 and 12/14
South Carolina Senate
- President of the Senate is Thomas Alexander (R – Oconee) since December 6, 2021
- Minority Leader is Brad Hutto (D – Orangeburg)
- 46 senators
- 4 year terms (next election November 5, 2024)
- Republicans (30); Democrats (15); Independent (1)
- Qualifications: is qualified to vote in state elections; 25 years of age; a resident of the district in which he/she seeks to represents; has not been convicted of or pleaded guilty to a felony or voter fraud or bribery unless 15 years has elapsed since time was served.
- Prefile date 11/30
125th Session of the South Carolina General Assembly – 2nd Regular Session (2024)
- Convened on Tuesday, January 9, 2024 (second Tuesday in January)
- Second year of a two-year session
- Legislation not enacted during the 2023 session will hold its place in the legislative process and carry over to the 2024 session
- Crossover deadline is Wednesday, April 10th for legislation to pass from one chamber to the other; after this date a 2/3 vote of the receiving chamber is required to consider a bill
- Statutory Sine Die date – Thursday, May 9, 2024 (second Thursday in May)
Statewide Income Tax Relief (Proviso and Bills)
The Governor and the General Assembly revised individual income tax provisions to lower the individual income tax rate from 7 percent bracket to 6.5 percent in tax year 2022. Further, depending upon General Fund revenue growth, the 6.5 percent rate would be reduced by an additional 0.1 percent per year beginning in tax year 2023 until the rate is lowered to 6 percent. The General Assembly lowered the individual income tax rate from 6.5 to 6.4. The Governor is proposing reducing the individual income tax rate to 6.3 in his Executive Budget. Governors FY24-25 Executive Budget (link)
109.19 (Active First Responder Tax Credit) The Executive Budget recommends adding this new proviso creating a $2,000 income tax credit for tax year 2024 to active sworn law enforcement officers, firefighters and emergency medical technicians. This nonrefundable tax credit will provide a total of $39.5 million in income tax relief for recipients. Governors FY24-25 Executive Budget (link)
H.4697 (Income Tax Deduction) by Reps. Pope, Kilmartin and O’neal. This bill exempts first responders (firefighters, first responder dispatcher, emergency medical technician, and paramedic), law enforcement and teachers. These groups may deduct all state employee or private pension plan retirement income that is included in the South Carolina taxable income.
| 12/14/2023 | House | Prefiled |
| 1/9/2024 | House | Introduced and read first time |
| 1/9/2024 | House | Referred to Committee on Ways and Means |
| 1/17/2024 | House | Member(s) request name added as sponsor: O’Neal |
| 1/25/2024 | House | Member(s) request name added as sponsor: Landing, Bustos, McGinnis, Hardee |
H4534 (Retirement Tax Deduction) by Rep. Beach – Provides a tax deduction for first responder retirement income.
| 11/16/2023 | House | Prefiled |
| 1/9/2024 | House | Introduced and read first time |
| 1/9/2024 | House | Referred to Committee on Ways and Means |
| 1/18/2024 | House | Member(s) request name added as sponsor: McCravy |
S.969 (Tax Deductions for First Responders) by Sens Alexander and Peeler. This bill amends the code relating to deductions from individual taxable income by increasing the subsistence deduction amount from $8 to $16 per day for firefighters, law enforcement and emergency medical service personnel. The bill also increases the volunteer exemption amount from $3000 to $6000 for certain unpaid public servants such as firefighters, law enforcement, rescue squad member, member of a HAZMAT response team, and member of the state guard.
| 1/17/2024 | Senate | Introduced and read first time |
| 1/17/2024 | Senate | Referred to Committee on Finance |
Return to Work (Provisos and Bills)
108.12 (PEBA: COVID-19 Return to Work Extension) For Fiscal Year 2023-24, the earnings limitation imposed pursuant to Section 9-1-1790 and Section 9-11-90 of the 1976 Code does not apply to retired members of the South Carolina Retirement System or the Police Officers Retirement System who return to covered employment to participate in the states public health preparedness and response to the COVID-19 virus. This section is not intended to supersede or conflict with Act 102 of 2021, S. 704 of 2021. In the event of a conflict, the provisions of the Act control. Governors FY24-25 Executive Budget (link)
108.16 (PEBA: PORS and SCRS Return to Work) For compensation earnings during the current fiscal year, the earnings limitation does not apply if a member of the Police Officer Retirement System has not been engaged to perform services for a participating employer in the system or any other system provided in Title 9 for compensation in any capacity, whether as an employee, independent contractor, leased employee, joint employee, or other classification of worker, for a period of at least twelve consecutive months subsequent to retirement. The exemption provided under this provision does not apply unless the member first certifies to the system that he satisfies the requirements for the exemption. If a member inaccurately certifies that he satisfies the requirements for the exemption provided in this provision, the member is responsible for reimbursing the system for any benefits wrongly paid to the member. Governors FY24-25 Executive Budget (link)
For compensation earnings during the current fiscal year, the earnings limitation does not apply if a member of the South Carolina Retirement System has not been engaged to perform services for a participating employer in the system or any other system provided in Title 9 for compensation in any capacity, whether as an employee, independent contractor, leased employee, joint employee, or other classification of worker, for a period of at least twelve consecutive months subsequent to retirement. The exemption provided under this provision does not apply unless the member first certifies to the system that he satisfies the requirements for the exemption. If a member inaccurately certifies that he satisfies the requirements for the exemption provided in this provision, the member is responsible for reimbursing the system for any benefits wrongly paid to the member.
108.17 (PEBA: PORS Return to Work) The Governor’s budget amends this proviso which allows PORS members who return to work after 12 consecutive months spent not working to maintain their license to perform duties but will be required to meet training and education requirements of the SC Law Enforcement Academy. The Executive Budget recommends updating the language to require the Law Enforcement Training Council to establish guidelines to re-certify officers that have been inactive for a year or longer. Governors FY24-25 Executive Budget (link)
117.128 (School Resource Officer Critical Needs) This proviso allows retired law enforcement officers to return as School Resource Officers if retired before December 31, 2017. The Governor’s Budget (School Resource Officer Critical Needs) This proviso allows retired law enforcement officers to return as School Resource Officers. The Executive Budget recommends a date change to December 31, 2023 to increase eligibility. Governors FY24-25 Executive Budget (link)
H 4123 — (Earnings Cap Elimination for SROs) Rep. Herbkersman: This bill amends Section 9-11-90, relating to the police officers retirement system earnings limitation, so as to provide that the earnings limitation does not apply to school resource officers.
| 3/9/2023 | House | Introduced and read first time |
| 3/9/2023 | House | Referred to Committee on Ways and Means. |
| 3/29/2023 | House | Member(s) request name added as sponsor: Chapman |
H 3425 (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.
| 12/8/2022 | House | Prefiled |
| 12/8/2022 | House | Referred to Committee on Ways and Means. |
| 1/10/2023 | House | Introduced and read first time |
| 1/10/2023 | House | Referred to Committee on Ways and Means |
| 1/12/2023 | House | Member(s) request name added as sponsor: Forrest |
| 1/25/2023 | House | Member(s) request name added as sponsor: Robbins |
| 5/4/2023 | House | Member(s) request name added as sponsor: Caskey, Crawford, Guest |
| 5/4/2023 | House | Committee report: Favorable with amendment Ways and Means |
| 5/9/2023 | House | Member(s) request name added as sponsor: Blackwell |
| 5/9/2023 | House | Debate adjourned |
| 5/10/2023 | House | Member(s) request name added as sponsor: Landing, Ligon, O’Neal |
| 5/10/2023 | House | Debate adjourned |
| 5/11/2023 | House | Member(s) request name added as sponsor: Hixon, M.M. Smith, Rivers |
| 5/11/2023 | House | Amended |
| 5/11/2023 | House | Read second time |
| 5/11/2023 | House | Roll call Yeas-103 Nays-0 |
| 5/16/2023 | House | Read third time and sent to Senate |
| 5/23/2023 | Senate | Introduced and read first time |
| 5/23/2023 | Senate | Referred to Committee on Finance |
Fallen First Responder Advocate (Proviso and Bill)
62.25 (Fallen First Responder) The Executive Budget recommends adding this new proviso directing the department to dedicate a position for the Fallen First Responder Survivor Advocate. The purpose of the program is to advocate on behalf of the families of law enforcement officers, firefighters, or emergency medical technicians who were public employees or volunteers of municipal, county, or state agencies and who died in the line of duty. Governors FY24-25 Executive Budget (link)
H. 3523 (Fallen First Responder Advocate) This bill establishes the Fallen First Responder Advocate position within the Department of Administration to assist surviving family members of first responders killed in the line of duty. First responders are identified by the bill as law enforcement officers, firefighters, corrections officers, or EMT personnel who volunteer for or are employed by the state or its political subdivisions. The advocate will advise and assist surviving family members with any and all issues that arise as a result of the death of their family member. This assistance will continue as needed for the life of the survivors and will be retroactively applied to current survivors.
| 12/15/2022 | House | Prefiled |
| 1/10/2023 | House | Introduced and read first time |
| 1/10/2023 | House | Referred to Committee on Judiciary |
| 1/12/2023 | House | Member(s) request name added as sponsor: Yow |
| 1/25/2023 | House | Member(s) request name added as sponsor: Leber |
| 1/24/2024 | House | Member(s) request name added as sponsor: Bailey, Brittain, Robbins, Sessions |
| 1/24/2024 | House | Committee report: Favorable Judiciary |
| 1/25/2024 | House | Member(s) request name added as sponsor: Mitchell, Wheeler, Schuessler, B. Newton, Erickson, Bradley, Oremus, Cromer, Chapman, Gagnon, Gilliam, Gibson |
| 1/25/2024 | House | Amended |
| 1/25/2024 | House | Read second time |
| 1/25/2024 | House | Roll call Yeas-105 Nays-0 The House adopted an amendment to state the position is contingent on funding and gave H3523 third reading and sent the bill to the Senate. |
Fargo’s and Hyco’s Law (Bill)
H.3247 (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.
| 12/8/2022 | House | Prefiled |
| 1/10/2023 | House | Introduced and read first time |
| 1/10/2023 | House | Referred to Committee on Judiciary |
Constitutional Carry (Bill)
H 3594 (Right to Carry) By B.J. Cox, G.M. Smith, Lowe, Wooten, Hiott, Bailey, Beach, Burns, Caskey, Crawford, Cromer, Elliott, Forrest, Haddon, Hardee, Hixon, Hyde, Jordan, Ligon, Long, Magnuson, May, McCabe, McCravy, A.M. Morgan, T.A. Morgan, T. Moore, B. Newton, Nutt, Oremus, M.M. Smith, S. Jones, Taylor, Thayer, Trantham, Willis, Yow, West, Lawson, Chapman, Chumley, Leber, Mitchell and Pace. Enacting the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023. The bill declares that South Carolina citizens have a constitutional right to carry their firearms anywhere in South Carolina except in law enforcement, detention, or correction facilities; courthouses; polling places on election day; in business meetings by, or in the offices of, city, county, public school district, or special purpose district facilities; school or college events unrelated to firearms; daycare or preschool facilities; anywhere prohibited by federal law; religious sanctuaries including churches; healthcare facilities of any type unless permission is granted; another person’s residence; and any facility clearly marked with a sign complying with state specifications that disallows firearms on those premises. They also could store their firearms anywhere within their motor vehicles.
However, these prohibitions would not apply to anyone with permission of a property owner to carry on those premises, law enforcement officials, military, militia, and reserve officers while on duty; qualified retired law enforcement officers; anyone listed under state law as having authority to carry pistols anywhere in South Carolina, including justices, judges, solicitors, workers’ compensation commissioners; and, the South Carolina Attorney General and his assistants. As amended, active county clerks of court, active public defenders, and active assistant public defenders would be added to this list. Note, though, that in its current version, this bill prohibits public defenders and assistant public defenders from carrying a firearm into any local or state detention facility.
Anyone openly carrying their firearm in compliance with this proposed legislation would not give any law enforcement officer or official with arrest powers either a reasonable suspicion or probable cause to be searched, detained, or arrested for doing so.
Also as amended, first time violators of these prohibitions would face up to 5 years in jail, second time offenders would face from 5 to 20 years in jail, and third time or more violators would face 10 to 30 years in jail. Anyone convicted of a crime punishable by up to one year in jail would be prohibited from possessing firearms or ammunition.
Firearm owners would have to report the loss or theft of their guns to an appropriate law enforcement agency within 30 days after discovering it. The General Assembly encourages all gun owners to receive appropriate gun safety training before carrying their firearms. CWP holders would have to report losing their permits within 48 hours, and pardons that are granted could ban gun possession, transport, or sales if this bill is enacted.
| 12/15/2022 | House | Prefiled |
| 1/10/2023 | House | Introduced and read first time |
| 1/10/2023 | House | Referred to Committee on Judiciary |
| 1/12/2023 | House | Member(s) request name added as sponsor: O’Neal, Kilmartin, Murphy, Brewer, Robbins, Hager, Sandifer, Connell |
| 1/18/2023 | House | Member(s) request name added as sponsor: Gilliam, Davis, B.L. Cox |
| 1/19/2023 | House | Member(s) request name added as sponsor: Vaughan, White, Collins, J.E. Johnson, Gagnon |
| 1/31/2023 | House | Member(s) request name added as sponsor: Gibson |
| 2/7/2023 | House | Member(s) request name added as sponsor: W. Newton |
| 2/8/2023 | House | Member(s) request name added as sponsor: Bustos |
| 2/9/2023 | House | Member(s) request name added as sponsor: Herbkersman, Landing |
| 2/16/2023 | House | Member(s) request name added as sponsor: Moss |
| 2/16/2023 | House | Committee report: Favorable with amendment Judiciary |
| 2/21/2023 | House | Member(s) request name added as sponsor: Pope, Guest |
| 2/21/2023 | House | Requests for debate-Rep(s). Hiott, Forrest, Pope, Felder, T Moore, Nutt, McCravy, Magnuson, Harris, B Newton, Carter, Taylor, Beach, Cromer, Hewitt, Robbins, Hart, Brewer, Murphy, May, Killmartin, Wetmore, JL Johnson, Wheeler, Weeks, King, Guest, Gilliard |
| 2/22/2023 | House | Amended |
| 2/22/2023 | House | Read second time |
| 2/22/2023 | House | Roll call Yeas-90 Nays-30 |
| 2/23/2023 | House | Amended |
| 2/23/2023 | House | Read third time and sent to Senate |
| 2/23/2023 | House | Roll call Yeas-87 Nays-26 |
| 2/28/2023 | Senate | Introduced and read first time |
| 2/28/2023 | Senate | Referred to Committee on Judiciary |
| 5/9/2023 | Senate | Recalled from Committee on Senate Judiciary |
| 5/9/2023 | Senate | Roll call Ayes-24 Nays-18 |
| 1/23/2024 | Senate | Made Adjourned Debate |
| 1/23/2024 | Senate | Roll call Ayes-27 Nays-17 |
| 1/24/2024 | Senate | Debate interrupted |
| 1/25/2024 | Senate | Debate interrupted. The bill was recalled from committee and placed on the Senate Calendar. This week (January 23-25) members of the Senate spent time on the floor debating H.3594. The bill is contested by Senator Jackson. |
Marijuana
S 423 (South Carolina Compassionate Care Act) By Herbkersman, Carter, Taylor, Kilmartin and Henegan. Authorizes use of cannabis for certain debilitating health issues. Traumatic events experienced by firefighters are included.
| 1/19/2023 | Senate | Introduced and read first time |
| 2/21/2023 | Senate | Polled out of committee Medical Affairs |
| 2/21/2023 | Senate | Committee report: Favorable Medical Affairs – The bill is contested by Sens Garrett, Loftis and Hembree |
S 892 (Marijuana) by Sen. Tedder. 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.
| 1/9/2023 | Senate | Introduced and read first time |
| 2/9/2023 | Senate | Referred to Committee on Judiciary |
