South Carolina

2024 Legislation

  • House Bill 4642
    • Summary: This amendment to the South Carolina Code of Laws updates various sections of the state’s military code, revising definitions, jurisdiction, and procedures related to courts-martial and disciplinary actions, while ensuring alignment with the state’s authority and excluding binding applicability of the Uniform Code of Military Justice. It also incorporates provisions for military judges, the Adjutant General’s role, and updates on pay, fines, and procedural dates.
    • Status: Passed on May 20 2024 – 100% progression
    • Action: 2024-05-20 – Act No. 145
SC-House-Bill-4642
  • House Bill 4566
    • Summary: This proposed amendment to the South Carolina Code of Laws seeks to expand the definition of “first responders” to include county and municipal public works employees deployed in emergencies, ensuring they receive the same benefits and protections related to COVID-19 vaccinations, tax deductions, workers’ compensation, and other relevant acts. It also extends these benefits to surviving spouses of such employees who die while deployed in emergencies.
    • Status: Introduced on January 9 2024 – 25% progression, died in committee
    • Action: 2024-01-09 – Member(s) request name added as sponsor: West
    • Pending: House Ways and Means Committee

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 8-15-80, RELATING TO COVID-19 VACCINATIONS FOR FIRST RESPONDERS, SO AS TO INCLUDE COUNTY AND MUNICIPAL PUBLIC WORKS EMPLOYEES WHO MAY BE DEPLOYED IN EMERGENCIES; BY AMENDING SECTION 12-6-1140, RELATING TO DEDUCTIONS FROM INDIVIDUAL TAXABLE INCOME FOR FIRST RESPONDERS, SO AS TO INCLUDE COUNTY AND MUNICIPAL PUBLIC WORKS EMPLOYEES WHO MAY BE DEPLOYED IN EMERGENCIES; BY AMENDING SECTION 12-37-220, RELATING TO FIRST RESPONDER SURVIVING SPOUSES QUALIFIED TO RECEIVE CERTAIN TAX DEDUCTIONS, SO AS TO INCLUDE THE SURVIVING SPOUSES OF COUNTY AND MUNICIPAL PUBLIC WORKS EMPLOYEES KILLED WHILE DEPLOYED IN EMERGENCIES; BY AMENDING SECTION 42-7-90, RELATING TO THE DEFINITION OF “FIRST RESPONDERS” FOR PURPOSES OF RECEIVING WORKERS’ COMPENSATION AWARD PAYMENTS BY THE STATE ACCIDENT FUND, SO AS TO INCLUDE COUNTY AND MUNICIPAL PUBLIC WORKS EMPLOYEES WHO MAY BE DEPLOYED IN EMERGENCIES; AND BY AMENDING SECTION 44-130-20, RELATING TO THE DEFINITION OF “FIRST RESPONDERS” IN THE SOUTH CAROLINA OVERDOSE PREVENTION ACT, SO AS TO INCLUDE COUNTY AND MUNICIPAL PUBLIC WORKS EMPLOYEES WHO MAY BE DEPLOYED IN EMERGENCIES.

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

SECTION 1.  Section 8-15-80(B) of the S.C. Code is amended to read:

    (B) For purposes of this section, “first responder” means a law enforcement officer, firefighter, emergency medical technician, a county or municipal public works employee who may be deployed in emergencies, or paramedic who is paid from public funds.

SECTION 2.  Section 12-6-1140(10)(a) of the S.C. Code is amended to read:

    (a) A deduction calculated as provided in this item for a volunteer firefighter, rescue squad member, volunteer member of a Hazardous Materials (HAZMAT) Response Team, reserve police officer, Department of Natural Resources deputy enforcement officer, a member of the State Guard, a county or municipal public works employee who may be deployed in emergencies, or a volunteer state constable appointed pursuant to Section 23-1-60 for the purpose of assisting named law enforcement agencies and who has been designated by the State Law Enforcement Division as a state constable not otherwise eligible for this exemption.

SECTION 3.  Section 12-37-220(B)(1)(f)(iii) of the S.C. Code is amended to read:

    (iii) “qualified surviving spouse” means the surviving spouse of an individual described in subsubitem (i) while remaining unmarried, who resides in the house, and who owns the house in fee or for life.  Qualified surviving spouse also means the surviving spouse of a member of the Armed Forces of the United States who was killed in action, the surviving spouse of a county or municipal public works employee who was killed while deployed in an emergency, or the surviving spouse of a law enforcement officer or firefighter who died in the line of duty as a law enforcement officer or firefighter, as these terms are further defined in Section 23-23-10 and Chapter 80, Title 40, if the surviving spouse remains unmarried, resides in the house, and has acquired ownership of the house in fee or for life;

SECTION 4.  Section 42-7-90(3)(a) of the S.C. Code is amended to read:

    (a) For the purposes of this item, the term “first responder” means:

           (i) an emergency medical technician as defined in Section 44-61-20(12);

           (ii) a law enforcement officer as defined in Section 23-23-10(E)(1);

           (iii) a corrections officer as described in Section 23-1-145 or Section 24-1-280;

           (iv) reserves as defined in Section 23-28-10(A);

           (v) constables appointed pursuant to Section 23-1-60;

           (vi) a fire department worker who serves on a paid or voluntary basis for a firefighting agency, fire department, or a volunteer fire department and who performs duties related to rescue, fire suppression, and public safety;  or

           (vii) a coroner as defined in Section 17-5-5(3) or a deputy coroner as defined in Section 17-5-5(5) who directly engages in examining, treating, or directing persons during an emergency; or

           (viii) a county or municipal public works employee who may be deployed in emergencies.

SECTION 5.  Section 44-130-20(5) of the S.C. Code is amended to read:

    (5) “First responder” means an emergency medical services provider, a law enforcement officer, a county or municipal public works employee who may be deployed in emergencies, or a fire department worker directly engaged in examining, treating, or directing persons during an emergency.

SECTION 6.  This act takes effect upon approval by the Governor.

  • Senate Bill 440
    • Summary: Amend The South Carolina Code Of Laws So As To Enact The “second Amendment Protection Act”; And By Adding Section 25-1-80 So As To Provide For The Duties And Responsibilities Of The Unorganized Militia.
    • Status: (Introduced – Dead) 2024-04-30 – Amended [S0440 Detail]
    • Action: 2023-03-09 – Scrivener’s error corrected

SECTION 1.  This act may be cited as the “Second Amendment Protection Act”.

SECTION 2.  The General Assembly finds that this act ensures that the South Carolina unorganized militia is “a well-regulated militia” pursuant to Section 20, Article I of the South Carolina Constitution and the Second Amendment to the United States Constitution and further ensures that the unorganized militia is imbued with the rights and privileges guaranteed to the militia and its members in the South Carolina Constitution and the United States Constitution.

    Section 25-1-80. (A) For the purposes of this section, “firearm” shall include, but is not limited to, a rifle, shotgun, handgun, and magazines, clips, components, parts, accessories, or ammunition required for, fitted to, or useable with an authorized rifle, shotgun, or handgun that meets the criteria established in subsection (D)(2).

    (B) Pursuant to the provisions of Section 25-1-60, an able-bodied resident of this State who is at least eighteen years of age and who can legally purchase a firearm is deemed a member of the unorganized militia, unless he is a member of the South Carolina State Guard, the National Guard, or the organized militia not in National Guard service.

2022 Legislation

  • House Bill 3050
    • Summary: Amend Section 23-23-40, Code Of Laws Of South Carolina, 1976, Relating To The Certification Of A Law Enforcement Officer Employed Or Appointed By A Public Law Enforcement Agency, So As To Provide This Provision Applies To Law Enforcement Officers Employed Or Appointed After July 1, 2022, To Provide Noncertified Law Enforcement Officers Shall Only Perform Duties As Law Enforcement Officers While Accompanied By Certified Law Enforcement Officers, And To Make A Technical Change; To Amend Section 23-23-150, Relating To The Adjudication Of Allegations Of Misconduct By Law Enforcement Officers, So As To Define The Definition Of The Term “misconduct”, To Revise The Criteria A Sheriff Or Chief Executive Officer Of A Law Enforcement Agency Or Department Must Use When Filing A Report Of Misconduct Against A Law Enforcement Officer, To Provide The Procedure For Prosecuting Incidences Of Misconduct, And To Provide For The Imposition Of Civil Fines Against Agencies That Fail To Comply With This Section; By Adding Section 23-1-250 So As To Provide For The Lawful Use Of Chokeholds Or Carotid Holds, To Provide Wilful Use Of Excessive Force May Be Considered Misconduct By A Law Enforcement Officer And Subject To Disciplinary Action, And To Provide For The Development Of Curricula And Standards To Address Justifiable Use Of Chokeholds And Carotid Holds; By Adding Section 23-23-85 So As To Provide For Establishment Of Minimum Standards Required Of Law Enforcement Agencies By The Law Enforcement Training Council, And Provide The Council With The Authority To Take Punitive Action Against Law Enforcement Agencies That Fail To Comply With Standards Issued Pursuant To This Section; By Adding Section 23-23-160 So As To Establish A Compliance Division Within The Law Enforcement Training Council And Provide Its Responsibilities; To Amend Section 23-23-100, Relating To Compliance With Provisions Enforced By The Law Enforcement Training Council, So As To Revise This Provision; To Amend Section 23-23-60, Relating To The Issuance Of Certificates Of Compliance By The Law Enforcement Training Council, So As To Add Additional Evidences A Law Enforcement Agency Must Submit To The Council About A Candidate Being Considered For Certification; And To Amend Section 16-23-20, As Amended, Relating To The Unlawful Carrying Of Handguns, So As To Allow Retired Commissioned Law Enforcement Officers To Carry Them About Their Persons. – Ratified Title

(B)    Notwithstanding another provision of law, in the case of a candidate for certification who begins one or more periods of state or federal military service within one year after his date of employment or appointment, the period of time within which he must obtain the certification required to become a law enforcement officer is automatically extended for an additional period equal to the aggregate period of time the candidate performed active duty or active duty for training as a member of the National Guard, the State Guard, or a reserve component of the Armed Forces of the United States, plus ninety days. The director must take all necessary and proper action to ensure that a candidate for certification as a law enforcement officer who performs military service within one year of his employment or appointment is not prejudiced in obtaining certification as a result of having performed state or federal military service.”

    • Final Status: Passed on June 1 2022 – 100% progression

2021 Legislation

  • House Resolution 4121
    • Summary: Congratulate The Members Of The South Carolina State Guard, All Volunteers Who Share A Passion For Service And A Strong Commitment To Their Fellow South Carolinians, On The Occasion Of The Guard’s Three Hundred Fiftieth Anniversary And To Express Grateful Thanks For The Service And Sacrifice Of These Dedicated Servicemen And Women.
    • Final Status: Passed on April 6 2021 – 100% progression