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/SECTION 64. A. Section 23-6-420 of the 1976 Code, as added by Act 181 of 1993, is amended to read:

"Section 23-6-420. (A) There is created a South Carolina Law Enforcement Training Council consisting of fourteen thirteen:

(1) the Attorney General of South Carolina;

(2) the Chief of the South Carolina Law Enforcement Division;

(3) the Commanding Officer of the South Carolina Highway Patrol the Director of the Department of Public Safety;

(4) the Commanding Officer of the South Carolina State Police the Director of the Department of Natural Resources;

(5) the Commanding Officer of the State Natural Resources Police;
(6) the Director of the Department of Corrections;

(7)(6) the Dean of the University of South Carolina School of Law;

(7) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;

(8) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years;

(9) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years;

(10) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of less than fifty thousand; this person to be appointed by the Governor for a term of four years;

(12) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years;

(12) (13) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years

(13) the special agent in charge of the Federal Bureau of Investigation, Columbia Division;

(14) the Director of the Department of Public Safety.

(B)(1) The members provided for in (1) through (6) (7) above are ex officio members with full voting rights.

(2) The members provided for in (7) (8) through (11) (13) above shall serve terms as herein provided. In the event that a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation.

(C) This council shall elect one of its members as chairman and one as vice-chairman; these shall serve a term of one year in this capacity and may be re-elected. The council shall meet at the call of the chairman or at the call of a majority of the members of the council, but no fewer than four times each year. The council shall establish its own procedures with respect to quorum, place, and conduct of meetings.

(D) Members of the council shall serve without compensation.

(E) A council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds."

B. This section takes effect July 1, 1994./

Amend further by adding appropriately numbered SECTIONS to read:

/SECTION __. Article 3, Chapter 9, Title 48 of the 1976 Code is amended by adding:

"Section 48-9-215. (A) The State Land Resources and Conservation Districts Advisory Council is established consisting of the five commissioners provided for in Section 48-9-225. The council members must be appointed by the Governor for four years on the recommendation of the executive committee of the South Carolina Association of Soil and Water Conservation District Commissioners and serve until their successors are appointed and qualify. Vacancies must be filled in the

(B) The Governor shall name the chairman of the advisory council. A majority of the advisory council constitutes a quorum, and the concurrence of a majority in a matter within the council's duties is required for the matter's determination.

(C) The members of the advisory council may receive no compensation for their services on the council but may receive expenses, including travel expenses, necessarily incurred in the discharge of their duties on the council.

(D) The council shall advise the department and the division on standards, rules, regulations, or other matters related to land resources and conservation districts.

Section 48-9-225. For the purpose of selecting the five soil and water conservation district commissioners to serve as members of the advisory council, the State is divided into the following five areas:

(1) Area 1: Abbeville, Anderson, Cherokee, Greenville, Laurens, Oconee, Pickens, Spartanburg, and Union counties;

(2) Area 2: Aiken, Calhoun, Edgefield, Greenwood, Lexington, McCormick, Newberry, Richland, and Saluda counties;

(3) Area 3: Chester, Chesterfield, Darlington, Fairfield, Kershaw, Lancaster, Lee, Marlboro, and York counties;

(4) Area 4: Berkeley, Clarendon, Dillon, Florence, Georgetown, Horry, Marion, Sumter, and Williamsburg counties;

(5) Area 5: Allendale, Bamberg, Barnwell, Beaufort, Charleston, Colleton, Dorchester, Hampton, Jasper, and Orangeburg counties."

SECTION __. The first paragraph of Section 1-30-95 preceding item (A) of the 1976 Code, as added by Section 1, Act 181 of 1993, is amended to read:

"Department of Revenue and Taxation.

Effective on July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such the agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall must be administered as part of the Department of Revenue and Taxation to be. The department initially must be divided into divisions for Alcohol Beverage Control, Motor Vehicles, and Tax; provided, however, that. However, from July 1, 1993, until February 1, 1995, the governing authority of the department shall be is the commissioners of the Tax Commission, as constituted June

SECTION __. Section 12-2-5 of the 1976 Code, as added by Section 100, Act 181 of 1993, is amended to read:

"Section 12-2-5. On February 1, 1995, the duties and powers given to the commissioners of the Department of Revenue and Taxation must be transferred to the director of the Department of Revenue and Taxation. When this transfer takes place, the Code Commissioner is directed to shall change all code references from commissioners of the Department of Revenue and Taxation to the director of the Department of Revenue and Taxation and to change references of `commission' to `department'."

SECTION ___. Chapter 25, Title 23 of the 1976 Code, as last amended by Sections 357 and 358, Act 181 of 1993, is further amended to read:

Section 23-25-10. There is hereby established the South Carolina Law Enforcement Officers Hall of Fame as a memorial to law enforcement officers killed in the line of duty and in recognition of the selfless dedication of all law enforcement officers in the day-to-day performance of their duties. The Hall of Fame shall be located on the grounds of the South Carolina Law-Enforcement Academy at Columbia.

Section 23-25-20. (A) The South Carolina Hall of Fame shall hereafter must be administered as a division of the Department of Public Safety.

(B) To plan, enact, and administer the Hall of Fame, there There is hereby created the a Law Enforcement Officers Hall of Fame Advisory Committee. The committee shall consist of the following ex officio members:

(1) the director of the Department of Public Safety, who shall serve as chairman;

(1)(2) the Chief of the South Carolina Law Enforcement Division, who shall serve as chairman;

(2) the commanding officer of the Highway Patrol and the commanding officer of the State Police;

(3) the Director of the Department of Corrections;

(4) the Secretary of the South Carolina Sheriffs' Association;

(5) the Executive Director of the South Carolina Law Enforcement Officers Association;

(6) the President of the South Carolina Police Chiefs' Association, or his designee; and

(8) the Director of the Department of Public Safety.

(C) All members Members of the advisory committee may designate persons to represent them at meetings they are unable to attend.

Section 23-25-30. It shall be is the responsibility of the advisory committee created by Section 23-25-20 to plan, erect and maintain to assist the department in planning, erecting, and maintaining the Hall of Fame in the manner it shall determine appropriate but generally in accordance with the following guidelines:

(a) All officers from all agencies in the law enforcement system shall be are eligible for entry into the Hall of Fame.

(b) The names of all officers killed in the line of duty whose deaths under those circumstances can be established by creditable records shall must be entered into the Hall.

(c) Any officer who performs an act or series of acts over and above the regular call of duty may become eligible for the Hall when so elected by the advisory committee whether or not such the act or acts resulted in death or injury to the officer concerned.

(d) Any officer whose continued record of excellence over a period of years is manifestly outstanding may be elected to the Hall by the advisory committee.

(e) Suitable plaques inscribed with the names of those selected for the Hall shall must be erected.

(f) Within the limits of funds provided, the Hall of Fame shall include museum-type displays of objects and equipment of unusual interest used by law enforcement officers or otherwise related to law enforcement.

(g) Provide tours and related safety and educational programs to the public.

Section 23-25-40. The advisory committee shall establish procedures and regulations for the nomination of members of the Hall of Fame. All selections of persons for Hall of Fame membership shall must be made by a majority vote of the total membership of the advisory committee.

Meetings of the advisory committee shall must be held at least quarterly, and more frequently at the call of the chairman. The advisory committee shall establish its own rules of procedure. Members shall not receive compensation for their services with the advisory committee but shall be are allowed the usual mileage, per diem, and subsistence provided by law for boards, committees, and commissions. The advisory committee is authorized to may employ clerical assistance as the director

SECTION __. A. Section 48-9-30 of the 1976 Code, as last amended by Section 1176, Act 181 of 1993, is further amended by adding an appropriately numbered item to read:

"( ) `State Land Resources and Conservation Districts Advisory Council' or `advisory council' means the body created pursuant to Section 48-9-215."

B. This section takes effect July 1, 1994.

SECTION __. A. Section 48-9-1210 of the 1976 Code, as last amended by Section 1191, Act 181 of 1993, is further amended to read:

"Section 48-9-1210. The two commissioners appointed by the board shall department must be persons who are by training and experience are qualified to perform the specialized skilled services which will be required of them in the performance of their duties under this chapter."

B. This section takes effect July 1, 1994.

SECTION __. A. Section 48-9-1230 of the 1976 Code, as last amended by Section 1191, Act 181 of 1993, is further amended to read:

"Section 48-9-1230. Except as otherwise provided in Section 48-9-1220, the term of office of each commissioner is four years, except that in newly created districts the elected commissioners' terms of office are until the next regular election is held under the provisions of Section 48-9-1220 and the first appointed commissioners must be designated to serve for terms of one and two years, respectively, from the date of their appointment. A commissioner shall hold holds office until his successor has been is elected or appointed and has qualified. Vacancies must be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, must be made in the same manner in which the retiring commissioners shall, respectively, have been are selected, except that in the case of. However, for a vacancy in the unexpired term of an elected commissioner, a successor may be appointed by the board department upon the unanimous recommendation of the remaining commissioners of the district. Any A commissioner may be removed by the board department upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason."

B. This section takes effect July 1, 1994.

SECTION __. A. Section 48-9-1820 of the 1976 Code, as last amended by Section 1195, Act 181 of 1993, is further amended to read:

"Section 48-9-1820. Members of the board advisory council and the commissioners of the district shall be are ineligible to appointment as members of the board of adjustment during their tenure of such the other

B. This section takes effect July 1, 1994.

SECTION __. A. Section 48-9-1840 of the 1976 Code, as last amended by Section 1196, Act 181 of 1993, is further amended to read:

"Section 48-9-1840. A land occupier may file a petition with the board of adjustment alleging that there are great practical difficulties or unnecessary hardships in the way of his carrying out upon his lands the strict letter of the land-use regulations prescribed by ordinance approved by the commissioners and praying the board to authorize a variance from the terms of the land-use regulations in the application of such the regulations to the lands occupied by the petitioner. Copies of such the petition shall must be served by the petitioner upon the chairman of the commissioners of the district within which his lands are located and upon the director of the department."

B. This section takes effect July 1, 1994.

SECTION __. A. Section 48-9-230 of the 1976 Code is repealed.

B. This section takes effect July 1, 1994.

SECTION ___. A. The first paragraph of Section 56-5-4160(E) of the 1976 Code, as last amended by Act 164 of 1993 and Section 1436, Act 181 of 1993, is further amended to read:

"Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the department as provided for in this section. A magistrate, within forty-five days, must forward all monies collected to the department for deposit in the account established pursuant to subsection (H) state general fund. The department shall use these monies to establish and maintain an automated data base to collect, manage, and retain information required on the uniform size and weight citation, purchasing portable scales, upgrading and refurbishing existing weigh stations, including adequate night lighting for enforcement activities, and other related safety measures or training that the department considers necessary. The fine may be deposited with the arresting officer or a person the department may designate. The fine must be deposited in full or other arrangements satisfactory to the department for payment must be made before the

B. This section takes effect July 1, 1994.

SECTION ___. Article 3, Chapter 3, Title 58 of the 1976 Code is amended to read:

Section 58-3-310. The law enforcement department Department of Public Safety of the Public Service Commission shall consist of such must appoint officers, and inspectors and agents as the commission may deem is necessary and proper for the enforcement of the Motor Vehicle Carrier Law and other related laws, the enforcement of which is devolved upon the department Department of Public Safety, State Police Division. The title of such officers, inspectors and agents shall be "Transportation Division Inspectors." The inspectors shall be commissioned by the Governor upon the recommendation of the commission. The commission may remove an inspector if it finds that he is unfit for the position.

Section 58-3-320. Each inspector shall execute a bond with a licensed surety company in the amount of not less than ten thousand dollars. The bond shall be filed with the commission and shall be conditioned for the faithful performance of his duties, for the prompt and proper accounting of funds coming into his hands and for the payment of any judgment rendered against him in any court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and damages sustained by any member of the public from any unlawful act of the inspector. The coverage under the bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. The bond may be individual, schedule or blanket, and shall be approved by the Attorney General. The premiums on the bonds shall be paid by the commission from appropriated funds.
Section 58-3-330. Before entering upon the duties of his office, each inspector shall take and subscribe before a notary public, or other officer authorized to administer an oath, an oath to faithfully perform the duties of his office and to properly execute the laws of this State.
Section 58-3-340. The inspectors shall possess and exercise all of the powers and authority held by constables at common law.
Section 58-3-350. When acting in their official capacity, inspectors shall have statewide authority for the enforcement of all motor vehicle carrier laws and related laws.

Section 58-3-370 58-3-330. When any a person is apprehended by an inspector or an officer upon a charge of violating the Motor Vehicle Carrier Law or related laws, the following procedure provided in Section 23-6-150 shall must be followed:.

(1) The person being charged shall be served by the arresting inspector with an official summons and arrest report. The report shall give the appropriate judicial officer jurisdiction to dispose of the case.

(2) The person being charged may deposit with the arresting inspector a sum of money not to exceed one hundred dollars as bail in lieu of being immediately brought before the magistrate or other judicial officer; provided, that an official summons and arrest report may be issued without requiring any sum of money as bail.

(3) The official summons and arrest report shall indicate the amount of bail deposited with the inspector and shall serve as a receipt for the sum.

(4) The arresting inspector shall transmit any sum of money received from the person charged to the appropriate magistrate or other judicial officer.

(5) Upon receipt of the sum of money, if any is required, as bail, the arresting inspector may release the person charged so that he may appear before the proper judicial officer at a time and place stated in, and required by, the official summons and arrest report."

SECTION ___. Notwithstanding any other provision of law, the Department of Public Safety is exempt from the requirements of Section 23-6-50 of the 1976 Code for fiscal year 1993-94.

SECTION __. References in the 1976 Code to the Director of the Department of Health and Environmental Control mean the Commissioner of the Department of Health and Environmental Control. Subject to the availability of funds, the South Carolina Code Commissioner shall change references in the 1976 Code to conform with this section.

SECTION __. References in the 1976 Code to the Department of Revenue and Taxation mean the Department of Revenue. Subject to the availability of funds, the South Carolina Code Commissioner shall change

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

The SPEAKER granted Rep. WILKES a leave of absence for the remainder of the day.

Reps. TUCKER and D. SMITH proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\PT\1164DW.94), which was adopted.

Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:

/SECTION . Section 1-7-940 of the 1976 Code, as last amended by Act 347 of 1992, is further amended to read:

"Section 1-7-940. (A) The commission has the following duties:

(1) coordinate all administrative functions of the offices of the solicitors and any affiliate services operating in conjunction with the solicitors' offices;

(2) submit the budgets of the solicitors and their affiliate services to the General Assembly;

(3) encourage and develop legal education programs and training programs for solicitors and their affiliate services, organize and provide seminars to help increase the effectiveness and efficiency of the prosecution of criminal cases in this State, and act as a clearinghouse and distribution source for publications involving solicitors and their affiliate services and provide legal updates on matters of law affecting the prosecution of cases in this State;

(4) provide blank indictments for the circuit solicitors.;

(5) provide information, training, and technical assistance to the Victim/Witness Assistance units within the solicitors' offices.

(B) Nothing in this section may be construed to displace or otherwise affect the functions and responsibilities of the State Victim/Witness Assistance Program as established in Section 16-3-1410."

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