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H 3222

Litter control officers

2025-2026 Regular Session Introduced by William Bailey and 1 co-sponsor

Replaces the population basis for litter control officers with the greater of the 2001 count or 1 per 25,000 (latest census), and limits custodial arrest authority to certified off

Roll call Ayes-43 Nays-0
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Bill Summary · H 3222

Summary — H 3222: Litter control officers

Status: Introduced (prefiled 12/05/2024); multiple committee referrals and reports; amended in Senate 05/07/2025 (Roll call Ayes 43–0); hearing scheduled 06/24/2025. Sponsor: Bailey (primary).

Note on source materials: The bill packet includes some unrelated/erroneous text (a Massachusetts draft on disabled‑veteran tax exemptions and other truncated statutes). This summary focuses on the South Carolina measure titled “Litter control officers,” which is the operative content.

Main purpose

To revise how the statutory limit on the number of county litter control officers with custodial arrest authority is determined, to correct a statutory cross‑reference related to certification, and to clarify the scope of arrest and stop authority for those officers.

Key provisions

  • Amends S.C. Code § 4-9-145(B) to change the population basis used to calculate the allowable number of litter control officers vested with custodial arrest authority:
    • The cap must not exceed the greater of (a) the number of such officers appointed and commissioned by the county on July 1, 2001; or (b) one officer per 25,000 persons in the county, calculated using the most recent census (replacing the prior "2000 census" reference).
    • Each county may appoint at least one such officer regardless of population.
  • Limits custodial arrest authority to litter control officers who have been certified as law‑enforcement officers under the applicable state certification statute (the bill also corrects an incorrect statutory cross‑reference).
  • Restricts non‑litter enforcement activity: absent an arrest for a litter violation, a litter control officer authorized to make custodial arrests may not stop a person or make incidental arrests for other state or local law violations.
  • Clarifies definition: “litter control officer” means a code enforcement officer authorized to enforce litter control laws and ordinances.
  • Effective date: upon approval by the Governor.

Who is affected / likely impact

  • Counties: may be able to appoint more litter control officers in fast‑growing counties because the population calculation uses the most recent census; minimum of one officer remains guaranteed.
  • County code‑enforcement departments and law‑enforcement agencies: officers will need the specified law‑enforcement certification to exercise custodial arrest authority; hiring, training, and certification processes may need adjustment.
  • Residents and public: clarified limits on stop and arrest powers may reduce the risk of non‑litter related enforcement by litter control officers.
  • State administration: minor administrative effects related to enforcement oversight and cross‑agency coordination on certification.

Procedural / timeline notes

  • Prefiled 12/05/2024; introduced and advanced through committee hearings with favorable committee reports.
  • Senate amended and concurred (05/07/2025) with unanimous roll calls on committee and floor actions.
  • Hearing scheduled in committee on 06/24/2025.
  • Becomes effective on the Governor’s signature.

If you want, I can produce a side‑by‑side comparison of current § 4-9-145(B) language vs. the proposed language or a short memo on implementation steps counties would need to take.

Compiled from official sources — confirm details with the bill’s official record.

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