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’sPosition | Hyperlink |
| S188 | Earnings Limitation – eliminates the cap for PORS members. Also, eliminates the cap for retired certified teachers | Read 1st timeReferred to FinanceAwaiting hearing | 1/10/241/10/24 | Support | Read Bill |
| S239 | Earnings Limitation -eliminates the cap for PORS members | Read 1st timeReferred to FinanceAwaiting hearing | 1/10/241/10/24 | 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 timeReferred to FinanceAwaiting hearing | 1/19/241/19/24 | Monitor | Read Bill |
| S1006 | Earnings Limitation – Constables working in multiple agencies/departments | Read 1st timeReferred to FinanceAwaiting hearing | 1/31/241/31/24 | Support | Read Bill |
| H3143 | Earnings Limitation – provides that certain disability retirees are subject to certain earnings limitations | Read 1st timeReferred to Ways and MeansAwaiting hearing | 1/10/231/10/23 | 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 timeReferred to Ways and MeansPassed the HouseSent to SenateReferred to FinanceAwaiting hearing | 1/10/241/10/24 5/16/235/23/235/23/23 | Support | Read Bill |
| H4123 | Eliminates the earnings Cap for SROs | Read 1st timeReferred to Ways and MeansAwaiting hearing | 3/9/233/9/23 | Support | Read Bill |
| H4971 | Earnings Limitation – Allows those retiring prior to 1/2/25 to return to work with no earning cap | Read 1st timeReferred to Ways and MeansAwaiting hearing | 1/30/241/30/24 | Support | Read Bill |
| 108.12 | Earnings Limitation -COVID response | DELETED BY THE HOUSE Sent to Senate Finance | 3/12/24 | Support | Provisos Passed by the House |
| 108.16 | Earnings Limitation-12 month separationAMENDED: 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 Sent to Senate Finance | 3/12/24 | Support | Provisos Passed by the House |
| 108.17 | Earnings Limitation12 month separation and re-certification of officers | ADOPTED BY THE HOUSE Sent to Senate Finance | 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. AMENDED: The House updated the eligibility date from December 31, 2017 to December 31, 2023. | ADOPTED BY THE HOUSE Sent to Senate Finance | 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’sPosition | Hyperlink |
| H3247 | Fargo and Hyco’s Law | Read 1st timeReferred to House JudiciaryAwaiting a hearing | 1/10/241/10/24 | Support | Read Bill |
| S277 | Sentencing Reform – includes language that eliminates the mandatory minimum for felony conviction of killing/torturing a police dog | Read 1st timeReferred to Senate JudiciaryAwaiting a hearing | 1/10/241/10/24 | Monitor | Read Bill |
Tax Exemptions/Deduction that Impact Law Enforcement
| Bill Number | Description | Status | Date | SCFOP’sPosition | Hyperlink |
| H.5100 | Comprehensive Tax Cut of 2022 (S.1087) – Year 3 (6.4% to 6.3%) | ADOPTED BY HOUSE Sent to Senate Finance | 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 timeReferred to FinanceAwaiting a hearing | 1/10/241/10/24 | Support | Read Bill |
| S692 | Exempt Retirement Income of State Employees from Income Tax | Read 1st timeReferred to FinanceAwaiting hearing | 3/29/233/29/23 | 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 timeReferred to FinanceSubcommittee reported the bill out favorablyPassed the Senate and sent to the House.Read 1st timeReferred to Ways and Means | 1/17/241/17/242/20/24 3/20/24 3/21/24 | Support | Read Bill |
| H4102 | Income tax exemption for first responders’ (law enforcement, firefighters, emts or peace officers) retirement income | Read 1st timeReferred to Ways and MeansAwaiting hearing | 3/8/233/8/23 | Support | Read Bill |
| H4210 | Exempt State Employees’ Retirement Income from income tax | Read 1st timeReferred to Ways and MeansAwaiting hearing | 3/29/233/29/23 | Support | Read Bill |
| H4534 | Provides a tax deduction for first responder (law enforcement, firefighters, emts or peace officers) retirement income | Read 1st timeReferred to Ways and MeansAwaiting hearing | 1/9/241/9/24 | Support | Read Bill |
| H4697 | Income tax exemption for law enforcement, first responders (firefighter, paramedic, emt)and teachers retirement income | Read 1st timeReferred to Ways and MeansAwaiting hearing | 1/9/241/9/24 | Support | Read Bill |
| H5009 | Income tax exemption for law enforcement, first responders (firefighter, paramedic, emt)and teachers retirement income | Read 1st timeReferred to Ways and MeansAwaiting hearing | 2/1/242/1/24 | Support | Read Bill |
Monitored Bills
| Bill Number | Description | Status | Date | SCFOP’sPosition | 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 timeReferred to JudiciarySubcommittee hearing/bill not reported out. | 1/10/231/10/234/4/23 | 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 timeReferred to JudiciarySubcommittee Assigned/bill not reported out. | 1/10/231/10/234/4/23 | 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 timeReferred to JudiciarySubcommittee reported the bill out favorablyFull Judiciary reported the bill out favorably.The Bill is on the Senate Calendar The bill is contested. | 1/10/231/10/234/4/23 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 timeReferred to JudiciaryAwaiting hearing | 1/9/241/9/24 | 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 timeReferred to JudiciaryAwaiting hearing | 1/31/241/31/24 | Support | Read Bill |
| H3594 | Constitutional Carry – Enacting the South Carolina Constitutional Carry/Second Amendment Preservation Act of 2023 | Read 1st timePassed by HousePassed 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 MartinBill passed and signed by the Governor | 1/10/232/23/232/1/24 2/15/242/27/24 3/7/24 | Monitor | Read BillRead 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 timeReferred to JudiciaryPassed the House and sent to the Senate and referred to Judiciary | 1/10/231/10/23 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 timeReferred to 3MAwaiting hearing | 1/9/241/9/24 | Monitor | Read Bill |
