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	3/12/24	Support	Provisos Passed by the House
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.	ADOPTED BY THE HOUSE with AMENDMENT	3/12/24	Support	Provisos Passed by the House
108.17	Earnings Limitation 12 month separation and re-certification of officers	ADOPTED BY THE HOUSE	3/12/24	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. Eligibility date was updated to December 31, 2023.	ADOPTED BY THE HOUSE	3/12/24	Support	Provisos Passed by the House

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%)	ADOPTED BY HOUSE	3/12/24		H.5100 House Budget   Summary Control Document (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 law enforcement, firefighters, emts – 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 Finance Subcommittee reported the bill out favorably Reported out favorably and is on the Senate Calendar	1/17/24 1/17/24 2/20/24   2/27/24	Support	Read Bill
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
H4813	Law Enforcement Training Council – This bill requires that for state and county law enforcement officers to receive certificates of compliance from the South Carolina Law Enforcement Training Council, they must first undergo a state criminal records check, along with a fingerprint check from SLED and the FBI. Although the bill indicates that the person seeking certification is responsible for the costs of the records check, However, the South Carolina Criminal Justice Academy will continue to cover the costs associated with performing the background checks.	Referred to House  Judiciary The House Judiciary Committee gave the bill a favorable report H. 4813 is pending second reading on the House calendar	1/10/24 3/6/24   3/8/24		Read Bill