Adopted

COMMITTEE AMENDMENT NO 1 PROPOSED TO

Senate Bill No. 2236

BY: Committee

     Amend by striking all after the enacting clause and inserting in lieu thereof the following:

 

     SECTION 1.  (1)  Use of official uniforms and weapons by officers on private job.  Certified law enforcement officers or part-time law enforcement officers, as defined in Section 45-6-3, may wear their uniforms or a generic police uniform and use their weapons and like equipment while performing private jobs in their off-duty hours with the written permission of the law enforcement agency.  Such employment shall not be considered a violation of state ethics law.

     (2)  Powers of employing agencies.  Each agency head shall determine before the off-duty work is approved that the proposed employment is not of such nature as is likely to bring disrepute on the agency, the officer or the law enforcement profession, and that the performance of the duties and the use of the agency equipment is in the public interest.  Each agency head shall adopt rules and regulations governing off-duty work by its officers, including requirements that private employers shall agree to indemnify the agency as a condition of approving the off-duty employment.  Each agency head may prohibit the wearing of agency uniforms and the use of agency weapons and equipment if the officer is engaged in off-duty work.

     (3)  Liability of public employer for off-duty acts.  Off-duty work performed by law enforcement officers shall not be considered as work done within the scope of his employment, and no public service district, municipality, county, state, or any of its agencies or political subdivisions shall be liable for acts performed by off-duty law enforcement officers as permitted by this section.

     (4)  Notice to agency concerning off-duty employment.  Certified police officers performing private jobs during their off-duty hours shall be required to notify the appropriate law enforcement agency of the place of employment, the hours to be worked, and the type of employment.

     SECTION 2.  This act shall take effect and be in force from and after its passage.

     Further, amend by striking the title in its entirety and inserting in lieu thereof the following:

 

     AN ACT TO AUTHORIZE OFF-DUTY USE OF UNIFORMS AND WEAPONS BY LAW ENFORCEMENT OFFICERS ENGAGING IN PRIVATE EMPLOYMENT UNDER CERTAIN CIRCUMSTANCES; AND FOR RELATED PURPOSES.