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H 4796 Session 123 (2019-2020) H 4796 General Bill, By Pope, Bryant, Tallon, Wooten, B.Newton and Ridgeway A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 23 SO AS TO CREATE THE SOUTH CAROLINA DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN STATE OFFICERS BY THE GOVERNOR, SO AS TO DELETE THE TERM "DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND SECTION 1-7-920, RELATING TO THE MEMBERS OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE TERM "DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND SECTION 1-30-90, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO SUBSTITUTE THE TERM "DIVISION OF PUBLIC SAFETY" FOR THE TERM "DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 2-13-240, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA TO VARIOUS ENTITIES, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY", AND REDUCE THE NUMBER OF THE CODE OF LAWS DISTRIBUTED TO THE DEPARTMENT; TO AMEND SECTIONS 5-3-90, 5-7-110, 9-11-180, 10-11-80, 11-35-710, AS AMENDED, 12-28-1910, 12-28-2325, 13-7-70, 13-7-160, 14-1-206, 14-1-207, 14-1-208, 14-1-212, 17-22-350, 23-1-230, AS AMENDED, AND 23-1-240, RELATING TO THE SCOPE OF THE PROVISIONS THAT PROVIDE FOR THE STRUCTURE, ORGANIZATION, POWERS, AND DUTIES OF MUNICIPAL GOVERNMENTS, THE DEPARTMENT OF PUBLIC SAFETY'S CONTRIBUTIONS INTO THE STATE RETIREMENT SYSTEM ON BEHALF OF ACTIVE HIGHWAY PATROL MEMBER EMPLOYEES, PARKING ON CERTAIN STATE PARKING LOTS, STATE PROCUREMENT CODE EXEMPTIONS, THE INSPECTION OF FUEL AND SHIPPING PAPERS, LAW ENFORCEMENT ASSISTANCE PROVIDED TO THE DEPARTMENT OF REVENUE BY THE DEPARTMENT OF PUBLIC SAFETY, PAYING TAXES AND THE DELEGATION OF COLLECTION OF TAXES, RULES AND REGULATIONS REGARDING THE TRANSPORTATION OF MATERIALS, REGULATIONS RELATING TO THE TRANSPORTATION OF NUCLEAR MATERIALS, COURT ASSESSMENTS AND SURCHARGES, TRAFFIC EDUCATION PROGRAM FEES, THE USE OF BODY-WORN CAMERAS, AND THE FIRST RESPONDERS ADVISORY COMMITTEE, ALL SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND CHAPTER 6, TITLE 23, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REESTABLISH IT AS A DIVISION OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY; TO AMEND SECTIONS 23-23-30, 23-25-20, 36-9-410, 38-55-530, 38-55-570, 38-77-1120, 39-9-230, 43-5-1250, 44-4-130, 54-17-60, 56-1-190, 56-1-286, 56-1-460, 56-1-1320, 56-1-1760, 56-1-2220, 56-1-2230, 56-3-662, 56-3-663, 56-3-840, 56-3-8710, 56-5-330, 56-5-380, 56-5-765, 56-5-1270, 56-5-1300, 56-5-1320, 56-5-1330, 56-5-1340, 56-5-1350, 56-5-1520, 56-5-1535, 56-5-2930, 56-5-2933, 56-5-2945, 56-5-2951, 56-5-2953, 56-5-3660, 56-5-3670, 56-5-3680, 56-5-3690, 56-5-3890, 56-5-3900, 56-5-4010, 56-5-4030, 56-5-4035, 56-5-4070, 56-5-4075, 56-5-4140, 56-5-4160, 56-5-4170, 56-5-4240, 56-5-4630, 56-5-4840, 56-5-4880, 56-5-4970, 56-5-5015, 56-5-5080, 56-5-5120, 56-5-5140, 56-5-5810, 56-5-5870, 56-5-5880, 56-5-6170, 56-5-6525, 56-5-6560, 56-5-6565, 56-7-10, AS AMENDED, 56-7-12, 56-7-30, 56-9-350, 56-10-45, 56-10-552, 56-11-20, 56-11-40, 56-19-420, 56-35-50, 57-3-180, 58-23-50, 58-23-1120, 59-67-20, 59-67-260, 59-67-570, 61-6-2900, 61-6-4250, AND 61-6-4290, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME COMMITTEE, RESERVE DETENTION OFFICERS, THE UNLAWFUL SALE OR DISPOSAL OF PERSONAL PROPERTY SUBJECT TO A SECURITY INTEREST, INSURANCE FRAUD AND REPORTING IMMUNITY, MOTOR VEHICLE THEFT AND THE MOTOR VEHICLE INSURANCE FRAUD-REPORTING IMMUNITY ACT, THE IMPLEMENTATION OF THE METRIC SYSTEM, THE STATEWIDE NETWORK OF MASS TRANSIT SYSTEMS, THE EMERGENCY HEALTH POWERS ACT, ACTIVITIES OF THE MARITIME SECURITY COMMISSION AND THE NAVAL MILITIA, MOTOR VEHICLE DRIVERS' LICENSES, CARRYING AND DISPLAY OF A DRIVER'S LICENSE, THE COMMERCIAL DRIVER'S LICENSE DRUG TESTING ACT, THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, NASCAR SPECIAL LICENSE PLATES, THE DEFINITION OF CERTAIN TERMS, THE INVESTIGATION OF TRAFFIC ACCIDENTS, CORONER REPORTS, ACCIDENT REPORTS, DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, THE OPERATION OF A MOTORCYCLE ALONG THE STATE'S HIGHWAYS, UNLAWFUL USE OF WIRELESS DEVICES WHILE OPERATING MOTOR VEHICLES, COMMERCIAL MOTOR VEHICLES AND THEIR DRIVERS, MOTOR VEHICLE INSPECTIONS, SAFETY BELT EDUCATION PROGRAMS, THE REGULATION OF TRAFFIC TRAVELING ALONG THE STATE'S HIGHWAYS, THE PRINTING, ORDERING AND ISSUANCE OF TRAFFIC TICKETS, VERIFICATION OF MOTOR VEHICLE INSURANCE, THE CONFISCATION OF REGISTRATION CERTIFICATES AND LICENSE PLATES, THE UNINSURED ENFORCEMENT FUND, THE ROAD TAX ON MOTOR CARRIERS, MOTOR VEHICLE CERTIFICATES OF TITLE, DIESEL IDLING RESTRICTIONS, CERTAIN PERMITS ISSUED BY THE DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE CARRIERS, THE TRANSPORTATION OF SCHOOL CHILDREN, AND THE TRANSPORTATION OF ALCOHOLIC BEVERAGES, ALL SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY", OR "DIVISION OF PUBLIC SAFETY"; AND TO AMEND SECTIONS 23-3-10, 23-3-680, AND 23-3-690, RELATING TO THE CREATION OF SLED, SO AS TO PROVIDE THAT ITS DUTIES AND FUNCTIONS ARE TRANSFERRED TO THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 2 TO TITLE 23 SO AS TO CREATE THE SOUTH CAROLINA DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY; TO AMEND SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN STATE OFFICERS BY THE GOVERNOR, SO AS TO DELETE THE TERM "DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND SECTION 1-7-920, RELATING TO THE MEMBERS OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE TERM "DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND SECTION 1-30-90, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO SUBSTITUTE THE TERM "DIVISION OF PUBLIC SAFETY" FOR THE TERM "DEPARTMENT OF PUBLIC SAFETY"; TO AMEND SECTION 2-13-240, RELATING TO THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH CAROLINA TO VARIOUS ENTITIES, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY", AND REDUCE THE NUMBER OF THE CODE OF LAWS DISTRIBUTED TO THE DEPARTMENT; TO AMEND SECTIONS 5-3-90, 5-7-110, 9-11-180, 10-11-80, 11-35-710, AS AMENDED, 12-28-1910, 12-28-2325, 13-7-70, 13-7-160, 14-1-206, 14-1-207, 14-1-208, 14-1-212, 17-22-350, 23-1-230, AS AMENDED, AND 23-1-240, RELATING TO THE SCOPE OF THE PROVISIONS THAT PROVIDE FOR THE STRUCTURE, ORGANIZATION, POWERS, AND DUTIES OF MUNICIPAL GOVERNMENTS, THE DEPARTMENT OF PUBLIC SAFETY'S CONTRIBUTIONS INTO THE STATE RETIREMENT SYSTEM ON BEHALF OF ACTIVE HIGHWAY PATROL MEMBER EMPLOYEES, PARKING ON CERTAIN STATE PARKING LOTS, STATE PROCUREMENT CODE EXEMPTIONS, THE INSPECTION OF FUEL AND SHIPPING PAPERS, LAW ENFORCEMENT ASSISTANCE PROVIDED TO THE DEPARTMENT OF REVENUE BY THE DEPARTMENT OF PUBLIC SAFETY, PAYING TAXES AND THE DELEGATION OF COLLECTION OF TAXES, RULES AND REGULATIONS REGARDING THE TRANSPORTATION OF MATERIALS, REGULATIONS RELATING TO THE TRANSPORTATION OF NUCLEAR MATERIALS, COURT ASSESSMENTS AND SURCHARGES, TRAFFIC EDUCATION PROGRAM FEES, THE USE OF BODY-WORN CAMERAS, AND THE FIRST RESPONDERS ADVISORY COMMITTEE, ALL SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; TO AMEND CHAPTER 6, TITLE 23, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REESTABLISH IT AS A DIVISION OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY; TO AMEND SECTIONS 23-23-30, 23-25-20, 36-9-410, 38-55-530, 38-55-570, 38-77-1120, 39-9-230, 43-5-1250, 44-4-130, 54-17-60, 56-1-190, 56-1-286, 56-1-460, 56-1-1320, 56-1-1760, 56-1-2220, 56-1-2230, 56-3-662, 56-3-663, 56-3-840, 56-3-8710, 56-5-330, 56-5-380, 56-5-765, 56-5-1270, 56-5-1300, 56-5-1320, 56-5-1330, 56-5-1340, 56-5-1350, 56-5-1520, 56-5-1535, 56-5-2930, 56-5-2933, 56-5-2945, 56-5-2951, 56-5-2953, 56-5-3660, 56-5-3670, 56-5-3680, 56-5-3690, 56-5-3890, 56-5-3900, 56-5-4010, 56-5-4030, 56-5-4035, 56-5-4070, 56-5-4075, 56-5-4140, 56-5-4160, 56-5-4170, 56-5-4240, 56-5-4630, 56-5-4840, 56-5-4880, 56-5-4970, 56-5-5015, 56-5-5080, 56-5-5120, 56-5-5140, 56-5-5810, 56-5-5870, 56-5-5880, 56-5-6170, 56-5-6525, 56-5-6560, 56-5-6565, 56-7-10, AS AMENDED, 56-7-12, 56-7-30, 56-9-350, 56-10-45, 56-10-552, 56-11-20, 56-11-40, 56-19-420, 56-35-50, 57-3-180, 58-23-50, 58-23-1120, 59-67-20, 59-67-260, 59-67-570, 61-6-2900, 61-6-4250, AND 61-6-4290, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME COMMITTEE, RESERVE DETENTION OFFICERS, THE UNLAWFUL SALE OR DISPOSAL OF PERSONAL PROPERTY SUBJECT TO A SECURITY INTEREST, INSURANCE FRAUD AND REPORTING IMMUNITY, MOTOR VEHICLE THEFT AND THE MOTOR VEHICLE INSURANCE FRAUD-REPORTING IMMUNITY ACT, THE IMPLEMENTATION OF THE METRIC SYSTEM, THE STATEWIDE NETWORK OF MASS TRANSIT SYSTEMS, THE EMERGENCY HEALTH POWERS ACT, ACTIVITIES OF THE MARITIME SECURITY COMMISSION AND THE NAVAL MILITIA, MOTOR VEHICLE DRIVERS' LICENSES, CARRYING AND DISPLAY OF A DRIVER'S LICENSE, THE COMMERCIAL DRIVER'S LICENSE DRUG TESTING ACT, THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, NASCAR SPECIAL LICENSE PLATES, THE DEFINITION OF CERTAIN TERMS, THE INVESTIGATION OF TRAFFIC ACCIDENTS, CORONER REPORTS, ACCIDENT REPORTS, DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, THE OPERATION OF A MOTORCYCLE ALONG THE STATE'S HIGHWAYS, UNLAWFUL USE OF WIRELESS DEVICES WHILE OPERATING MOTOR VEHICLES, COMMERCIAL MOTOR VEHICLES AND THEIR DRIVERS, MOTOR VEHICLE INSPECTIONS, SAFETY BELT EDUCATION PROGRAMS, THE REGULATION OF TRAFFIC TRAVELING ALONG THE STATE'S HIGHWAYS, THE PRINTING, ORDERING AND ISSUANCE OF TRAFFIC TICKETS, VERIFICATION OF MOTOR VEHICLE INSURANCE, THE CONFISCATION OF REGISTRATION CERTIFICATES AND LICENSE PLATES, THE UNINSURED ENFORCEMENT FUND, THE ROAD TAX ON MOTOR CARRIERS, MOTOR VEHICLE CERTIFICATES OF TITLE, DIESEL IDLING RESTRICTIONS, CERTAIN PERMITS ISSUED BY THE DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE CARRIERS, THE TRANSPORTATION OF SCHOOL CHILDREN, AND THE TRANSPORTATION OF ALCOHOLIC BEVERAGES, ALL SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY", OR "DIVISION OF PUBLIC SAFETY"; AND TO AMEND SECTIONS 23-3-10, 23-3-680, AND 23-3-690, RELATING TO THE CREATION OF SLED, SO AS TO PROVIDE THAT ITS DUTIES AND FUNCTIONS ARE TRANSFERRED TO THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Title 23 of the 1976 Code is amended by adding:
Section 23-2-10. (A) The South Carolina Department of Law Enforcement and Public Safety is established as an administrative agency of state government which is comprised of a Division of Public Safety, and a State Law Enforcement Division. (B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the Department of Public Safety, and the State Law Enforcement Division. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided. Section 23-2-20. (A) The Governor, with the advice and consent of the Senate, shall appoint the director of the department who shall serve a term of four years. The director only may be removed pursuant to the provisions of Section 1-3-240(C). He shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the annual general appropriation act. The term of office for the first appointment under the provisions of this section shall be February 1, 2021, for a term of two years. The Governor shall submit the name of his appointee to the Senate by December first of the year prior to the date on which the term begins. A person appointed by the Governor with the advice and consent of the Senate to fill a vacancy shall serve for the unexpired term only. This shall not prohibit the Governor from reappointing a person who is appointed to fill a vacancy as director of the department. All subsequent appointments must be made in the manner of the original appointment for a term of four years. (B) The director must administer the affairs of the department and must represent the department in its dealings with other state agencies, local governments, special purpose districts, and the federal government. The director must appoint a deputy director for each division and employ other personnel for each division and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by statute and for which funds have been authorized in the annual general appropriation act. (C) The deputy director for each division shall serve at the pleasure of the director and the director shall recommend the salary for each deputy director as allowed by statute or applicable law." SECTION 2. Section 1-3-240(C)(1)(h) of the 1976 Code is amended to read: "(h) Director of the Department of Law Enforcement and Public Safety;" SECTION 3. Section 1-7-920 of the 1976 Code is amended to read: "Section 1-7-920. The commission is composed of the following persons for terms as indicated: (1) the Chairmen of the Senate and House Judiciary Committees for the terms for which they are elected or their legislative designees; (2) the Chief of the South Carolina Law Enforcement Division for the term for which he is appointed;
(3) the Director of the Department of Law Enforcement and (4) a director of a Judicial Circuit Pretrial Intervention Program appointed by the Governor for a term of two years; (5) a Judicial Circuit Victim-Witness Assistance Advocate appointed by the Governor for a term of two years; and
(6) five judicial circuit solicitors appointed by the Governor for a term of four years. However, upon initial appointment, the Governor shall select one for a two-year term, two for a three-year term, and two for a four-year term. If a solicitor appointed to the commission is not SECTION 4. Section 1-30-10(A)(18) of the 1976 Code, as last amended by Act 26 of 2019, is further amended to read: "(18) Department of Law Enforcement and Public Safety" SECTION 5. Section 1-30-90 of the 1976 Code is amended to read:
"Section 1-30-90. 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 agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the (A) Law Enforcement Hall of Fame, formerly provided for in Section 23-25-10, et seq.; (B) State Highway Patrol, formerly provided for in Section 23-5-10, et seq.; (C) Public Service Commission Safety Enforcement, formerly provided in Section 58-3-310; (D) Public Safety Division, formerly of the Governor's Office." SECTION 6. Section 2-13-240(a)(69) of the 1976 Code is amended to read:
"(69) Department of Law Enforcement and Public Safety SECTION 7. Section 5-3-90 of the 1976 Code is amended to read:
"Section 5-3-90. Any municipality increasing its territory shall file a notice with the Secretary of State, Department of Transportation, and the SECTION 8. Section 5-7-110 of the 1976 Code is amended to read: "Section 5-7-110. Any municipality may appoint or elect as many police officers, regular or special, as may be necessary for the proper law enforcement in such municipality and fix their salaries and prescribe their duties. Police officers shall be vested with all the powers and duties conferred by law upon constables, in addition to the special duties imposed upon them by the municipality.
Any such police officers shall exercise their powers on all private and public property within the corporate limits of the municipality and on all property owned or controlled by the municipality wheresoever situated; provided, that the municipality may contract with any public utility, agency or with any private business to provide police protection beyond the corporate limits. Should the municipality provide police protection beyond its corporate limits by contract, the legal description of the area to be served shall be filed with the SECTION 9. Section 9-11-180 of the 1976 Code is amended to read:
"Section 9-11-180. The Department of SECTION 10. Section 10-11-80(1) of the 1976 Code is amended to read:
"(1) Parking lots which are situated on the property of the State shall be reserved for the employees of the State. The parking lots referred to by this section shall be policed by the SECTION 11. Section 11-35-710(A)(1) of the 1976 Code, as last amended by Act 41 of 2019, is amended to read:
"(1) the construction, maintenance, and repair of bridges, highways, and roads; vehicle and road equipment maintenance and repair; and other emergency-type parts or equipment utilized by the Department of Transportation or the SECTION 12. Section 12-28-1910(B) of the 1976 Code is amended to read:
"(B) Inspections to determine violations under this chapter may be conducted by the SECTION 13. Section 12-28-2325 of the 1976 Code is amended to read:
"Section 12-28-2325. The SECTION 14. Section 13-7-70(4)(a) of the 1976 Code is amended to read:
"(a) Rules and regulations adopted by the department pursuant to this section may be enforced, within their respective jurisdiction, by any authorized representative of the department, the SECTION 15. Section 13-7-160C. of the 1976 Code is amended to read:
"C. Rules and regulations adopted by the department pursuant to this section may be enforced, within their respective jurisdiction, by any authorized representative of the department, the SECTION 16. Section 14-1-206(C)(3) of the 1976 Code is amended to read:
"(3) .45 percent to the SECTION 17. Section 14-1-207(C)(3) of the 1976 Code is amended to read:
"(3) .60 percent to the SECTION 18. Section 14-1-208(C)(9)(a) of the 1976 Code is amended to read:
"(a) 9.16 percent to the SECTION 19. Section 14-1-212(B)(1)(j) of the 1976 Code is amended to read:
"(j) 14.44 percent to the SECTION 20. Section 17-22-350(B)(3) and (C)(3) of the 1976 Code is amended to read:
"(3) .44 percent to the
(3) .26 percent to the SECTION 21. Section 23-1-230(A)(1)(c) and (H) of the 1976 Code is amended to read:
"(c) the Director of the
(H) The First Responders Advisory Committee shall receive clerical and related assistance from the staff of the SECTION 22. Section 23-1-240(E)(1) of the 1976 Code is amended to read:
"(1) A 'Body-Worn Cameras Fund' is established within the SECTION 23. Chapter 6, Title 23 of the 1976 Code is amended to read:
Section 23-6-10.
Section 23-6-20. (A)
(B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the
Section 23-6-30. The (1) carry out highway and other related safety programs; (2) engage in driver training and safety activities; (3) enforce the traffic, motor vehicle, commercial vehicle, and related laws; (4) enforce size, weight, and safety enforcement statutes relating to commercial motor vehicles; (5) operate a comprehensive law enforcement personnel training program; (6) promulgate such rules and regulations in accordance with the Administrative Procedures Act and Article 7 of this chapter for the administration and enforcement of the powers delegated to the department by law, which shall have the full force and effect of law; (7) operate such programs and disseminate information and material so as to continually improve highway safety; (8) receive and disburse funds and grants, including any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this chapter; and (9) do all other functions and responsibilities as required or provided for by law.
Section 23-6-40. (A) The
(B) The director must administer the affairs of the
(C)
Section 23-6-50. The
Notwithstanding any other provision of law, all revenue generated by the
Notwithstanding any other provision of law, revenue received from the sale of publications, postal reimbursement, photo copying, electronic data from traffic collisions, sale of miscellaneous refuse and recyclable materials, insurance claim receipts, coin operated telephones, and revenue from building management services, and the
Section 23-6-60. (A) There is created an Illegal Immigration Enforcement Unit within the
(B) The Illegal Immigration Enforcement Unit is under the administrative direction of the
(C)(1) The Illegal Immigration Enforcement Unit shall have such officers, agents, and employees as the (2)(a) The enforcement of immigration laws as authorized pursuant to federal laws and the laws of this State must be the only responsibility of the officers of the Illegal Immigration Enforcement Unit.
(b) The officers shall be commissioned by the Governor upon the recommendation of the (c) The officers shall have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as those sheriffs to arrest without warrants and to detain persons found violating or attempting to violate immigration laws. The officers also shall have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.
(d) The
(D) Notwithstanding any other provision of law, the Illegal Immigration Enforcement Unit must be funded annually by a specific appropriation to the Illegal Immigration Enforcement Unit in the state general appropriations act, separate and distinct from the
(E) The (F) Nothing in this section may be construed to prevent other law enforcement agencies of the State and political subdivisions of the State, including local law enforcement agencies, from enforcing immigration laws as authorized pursuant to federal laws and the laws of this State.
(G) The
Section 23-6-90. The
Section 23-6-100. (A) There is created a South Carolina Highway Patrol Division and a South Carolina State Police Division within the
(B) The
(C) The commanding officers of the South Carolina Highway Patrol and the South Carolina State Police respectively, with the approval of the director of the
(D) The (E) The South Carolina Highway Patrol Division shall transfer the service sidearm of an active duty trooper killed in the line of duty to the trooper's surviving spouse upon request at no charge once the sidearm has been rendered permanently inoperable.
Section 23-6-110. In order to carry out the provisions of Section 23-6-100 in an orderly and economical manner it is intended that all serviceable uniforms be continued in use until such time as the
Section 23-6-120. Every officer and trooper commissioned pursuant to this chapter shall file a bond, or be covered by a surety bond, with the Section 23-6-130. Any violation of Section 23-6-100 may be enjoined by the court of common pleas upon petition of the director after due notice to the person violating the provisions of Section 23-6-100 and after a hearing on the petition. Section 23-6-140. The patrol of the highways of the State and the enforcement of the laws of the State relative to highway traffic, traffic safety, and motor vehicles shall be the primary responsibility of the troopers and officers of the South Carolina Highway Patrol. The troopers and officers of the State Police shall have the primary responsibility for the enforcement of laws relating to commercial motor carriers relating to size, weight, permits, licensing, and inspections for size and weight tolerance and safety. All officers and troopers shall have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as such sheriffs to arrest without warrants and to detain persons found violating or attempting to violate any laws of the State relative to highway traffic, motor vehicles or commercial motor carriers. These officers and troopers shall also have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.
Section 23-6-145. A commissioned officer or a uniformed officer of the Section 23-6-150. When any person is apprehended by a officer upon a charge of violating any laws of the State relative to highway traffic, motor vehicles or commercial motor carriers such person shall immediately be served with an official summons. The person charged may deposit bail with the arresting officer in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance or incarceration. The apprehending officer may accept a sum of money as bail, not less than the minimum nor more than the maximum fine, but in no case to exceed two hundred dollars, to be in due course turned over to the judicial officer as money for bail. The bail deposited shall be in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for the sum so deposited shall be given to such person by the arresting officer. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter. Upon receipt of the fixed sum of money the officer may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons. Section 23-6-170. No officer or trooper may be promoted to a higher rank until such time as the council adopts a promotion policy for commissioned personnel and officers as provided for in Section 23-6-520.
Section 23-6-180. The
Section 23-6-185. Notwithstanding any other provisions of law, enforcement by the State Transport Police Division, of Articles 3 and 5, Chapter 23
Section 23-6-187. The
Section 23-6-190. All monies collected in the
Section 23-6-191. The
Section 23-6-193. The
Section 23-6-195. The
Section 23-6-200. For purposes of this article: (1) 'Former law enforcement officer' means:
(a) an officer who was previously commissioned by the Governor and who during his law enforcement career worked for the
(b) an officer who was commissioned by the Governor, and whose agency, office, or unit was transferred to the
(c) an officer who was previously commissioned by the Governor whose agency, office, or unit was transferred to the (d) other formerly commissioned law enforcement officers or retired officers in good standing from any law enforcement agency, state constables, or volunteer state constables serving without compensation whose appointment is certified by the State Law Enforcement Division as having completed the requisite training to maintain an active commission.
(2) '
(3) 'Director' means the chief administrative officer of the
(4) '
Section 23-6-210. (A) The director is authorized to establish programs for the commissioning of former law enforcement officers of the (B) The powers and duties of these special constables shall be determined by the director and specified in writing, and individuals commissioned pursuant to this section shall be subject to removal by the director at any time. Before assuming their duties, special constables shall take the oath of office required by law and successfully complete a course of training specified by the director. (C) A constable shall be entitled to enforce the laws of this State and exercise the duties of his office throughout the State except as may be limited in subsection (B). (D) The course of training required in subsection (B) does not apply to former officers holding a valid commission issued by another agency or governmental entity, except that all officers shall meet any annual continuing training requirements established by the director in order to maintain their commissions. Section 23-6-220. (A) Constables may not receive compensation including, but not limited to, salary for services rendered absent specific statutory authorization.
(B) Any uniforms and equipment issued by the
(C) Workers' compensation benefits may be provided on an as needed basis for special constables by the director in the same manner as benefits are provided for full-time officers. For purposes of compensation or benefits arising from duty-related injury or death, special constables shall be considered as employees of the
Section 23-6-230. Identification cards registering a special constable must be issued by the Section 23-6-240. Notwithstanding any other provision of law, constables who have received the required training shall be authorized by the director to carry pistols on and about their persons unless otherwise restricted by the director in writing. However, the director, after hearing and for cause, may deny such privilege to any constable pursuant to this section who is guilty of using his pistol at any time in a manner inconsistent with accepted law enforcement procedures as determined by the director or who has been convicted of any crime for which a penalty of imprisonment for more than one year may be imposed. The term 'conviction' shall include a plea of guilty, a plea of nolo contendere, or forfeiture of bail.
Section 23-6-500. There is created a council to administer certain responsibilities of the Section 23-6-510. (A) The council is composed of the following persons for terms as indicated: (1) the Governor or his designee, to serve as chairman, for the term of the Governor; (2) the Chief of the South Carolina Law Enforcement Division for the term of office for which he is appointed; (3) the Chairman of the Senate Judiciary Committee for his term of office in the Senate or his designee; (4) the Chairman of the House of Representatives Judiciary Committee for his term of office in the House of Representatives or his designee;
(5) the Director of the (6) a sheriff appointed by the Governor for the term of office for which he is elected; (7) the Attorney General or his designee; (8) a municipal police chief appointed by the Governor for a term of two years; (9) a victim representative appointed by the Governor for a term of four years; and (10) a victim with a documented history of victimization appointed by the Attorney General for a term of four years. (B) Any vacancy occurring must be filled in the manner of the original appointment for the unexpired portion of the term. Section 23-6-520. The council has the following duties to: (1) recommend a hiring and promotion policy for commissioned personnel or officers to be administered under the sole authority of the director; (2) establish a process for the solicitation of applications for public safety grants and to review and approve the disbursement of funds available under Section 402 of Chapter 4 of Title 1 of the Federal Highway Safety Program, Public Law 89-564 in a fair and equitable manner;
(3) coordinate the use of
(4) advise and consult on questions of jurisdiction and law enforcement and public safety activities between the (5) in collaboration with the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Assistance grants, establish a process to solicit and administer the disbursement of funds for Victims of Crime Act grants, the Violence Against Women Act grants, the State Victim's Assistance Program grants available under Public Law 98-473 establishing the Victims of Crime Act of 1984 and the Violence Against Women Act (VAWA-I) established under Title IV of the Violent Crime Control and Law Enforcement Act of 1944, Public Law No. 103-322, 108 Stat. 1796 (September 13, 1994), and all other crime victim service funding as provided by law, including, but not limited to, the authority to solicit for federal formula or discretionary grant awards and foundation funding. Section 23-6-530. The council may elect such other officers as it deems necessary from its membership and the members of the council shall serve without pay but are authorized, as eligible, to receive the usual per diem, mileage and subsistence provided for by law." SECTION 24. Section 23-23-30(A)(6) of the 1976 Code is amended to read:
"(6) the Director of the South Carolina SECTION 25. Section 23-25-20(A) and (B) of the 1976 Code is amended to read:
"Section 23-25-20. (A) The South Carolina Law Enforcement Officers Hall of Fame shall hereafter be administered as an office of the (B) There is created a South Carolina Law Enforcement Officers Hall of Fame Advisory Committee. The committee shall consist of the following ex officio members:
(1) the Director of the (2) the Chief of the State Law Enforcement Division; (3) the Director of the Department of Corrections; (4) the President of the South Carolina Sheriffs' Association, or his designee; (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; (7) a representative of the Natural Resources Enforcement Division, to be appointed by the Director of the Department of Natural Resources; and (8) the President of the South Carolina Fraternal Order of Police, or his designee." SECTION 26. Section 36-9-410(B)(4) of the 1976 Code is amended to read:
"(4) to personal property titled by the SECTION 27. Section 38-55-530(A) of the 1976 Code is amended to read: "(A) 'Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue; the Department of Law Enforcement and Public Safety; the Department of Motor Vehicles; the Workers' Compensation Commission; the State Accident Fund; the Second Injury Fund; the Employment Security Commission; the Department of Consumer Affairs; the Human Affairs Commission; the Department of Health and Environmental Control; the Department of Social Services; the Department of Health and Human Services; the Department of Labor, Licensing and Regulation; all other state boards, commissions, and agencies; the Office of the Attorney General of South Carolina; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity." SECTION 28. Section 38-55-570(C) of the 1976 Code is amended to read:
"(C) Any authorized agency provided with or obtaining information relating to a suspected false statement or misrepresentation as provided for above may release or provide the information to any other authorized agency. The Department of Insurance, the Department of Revenue, the SECTION 29. Section 38-77-1120(a)(1) of the 1976 Code is amended to read:
"(1) the SECTION 30. Section 39-9-230 of the 1976 Code is amended to read:
"Section 39-9-230. The Commissioner of Agriculture has general advisory authority over the implementation of the metric system in this State. To assist in the implementation there is created a nine member advisory committee including the executive officers or their designated staff member from the State Law Enforcement Division, the State Commission on Higher Education, the State Board for Technical and Comprehensive Education, the State Department of Education, the South Carolina Department of Transportation, (1) formulate a suggested program necessary to plan for the gradual implementation in the commerce of this State to the metric system; (2) provide to the General Assembly recommendations for achieving conversion of units of measurement as used in this State to the metric system; (3) encourage all state departments, divisions, agencies, boards, and commissions having authority or responsibility in matters concerning standards of weights and measurement to initiate planning for the gradual conversion to and implementation of the metric system of weights and measures of this State." SECTION 31. Section 43-5-1250 of the 1976 Code is amended to read:
"Section 43-5-1250. To promote independence and assist AFDC families in participating in the Department of Social Services employment and training program and in getting to their place of employment, reliable transportation services are needed. The department in conjunction with the SECTION 32. Section 44-4-130(Q) of the 1976 Code is amended to read:
"(Q) 'Public safety authority' means the SECTION 33. Section 54-17-60 of the 1976 Code is amended to read:
"Section 54-17-60. The Maritime Security Commission and the Naval Militia must coordinate their activities with federal, state, and local agencies responsible for maritime homeland security and Naval Militia functions as they relate to this title. These agencies shall include, but are not limited to, the State Law Enforcement Division, the Departments of Natural Resources, SECTION 34. Section 56-1-190 of the 1976 Code is amended to read:
"Section 56-1-190. A licensee shall have his license in his immediate possession at all times when operating a motor vehicle and shall display it upon demand of an officer or agent of either the Department of Motor Vehicles or the SECTION 35. Section 56-1-286(K)(1) of the 1976 Code is amended to read:
"(1) obtain a temporary alcohol license by filing with the Department of Motor Vehicles a form for this purpose. A one hundred dollar fee must be assessed for obtaining a temporary alcohol license. Twenty-five dollars of the fee collected by the Department of Motor Vehicles must be distributed to the SECTION 36. Section 56-1-460(C) of the 1976 Code is amended to read:
"(C) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the SECTION 37. Section 56-1-1320(B) of the 1976 Code is amended to read:
"(B) Ninety-five dollars of the collected fee must be credited to the state's general fund for use of the SECTION 38. Section 56-1-1760 of the 1976 Code is amended to read:
"Section 56-1-1760. Every licensee shall have his license in his immediate possession at all times when operating a moped and shall display it upon demand of any officer or agent of the SECTION 39. Section 56-1-2220(G) of the 1976 Code is amended to read:
"(G) The records required by this section are subject to inspection by the SECTION 40. Section 56-1-2230(E) of the 1976 Code is amended to read:
"(E) Fines collected pursuant to this section must be credited to the SECTION 41. Section 56-3-662 of the 1976 Code is amended to read:
"Section 56-3-662. The Department of Motor Vehicles shall charge a fee of five dollars for each identifier. The five-dollar identifier fee must be remitted to the general fund. The Department of Motor Vehicles may promulgate regulations pursuant to this section. The five-dollar fee collected pursuant to this section must be placed in a special restricted account by the Comptroller General to be used by the SECTION 42. Section 56-3-663 of the 1976 Code is amended to read:
"Section 56-3-663. The Department of Motor Vehicles is authorized to enter into reciprocal agreements with the regulatory agencies of other states having jurisdiction and authority over motor carriers to provide for base state agreements in which the registration of interstate carriers operating in participating states may be accomplished by registration in one base state. Carriers registering in this State under these agreements are subject to the jurisdiction and authority of the SECTION 43. Section 56-3-840 of the 1976 Code is amended to read: "Section 56-3-840. The owner of every vehicle required to be registered and licensed under the provisions of this chapter who fails to register and license the vehicle and pay the specified fees or renewal, when and as required, upon registering the vehicle shall pay to the Department of Motor Vehicles a delinquency penalty fee of ten dollars, if the owner is delinquent less than fifteen days. If the owner is delinquent by fifteen days but less than thirty days, he shall pay a delinquency penalty of twenty-five dollars. If the owner is delinquent by more than thirty days but less than ninety days, he shall pay a delinquency penalty fee of fifty dollars to the department. If the owner is delinquent by more than ninety days, he shall pay a delinquency penalty fee of seventy-five dollars to the department. However, there is no delinquency penalty fee for campers and travel trailers subject to the registration fee under Section 56-3-720. A person who drives, moves, or operates on a highway a vehicle for which a registration and license are required but have not been obtained within thirty days of the date when required is guilty of a misdemeanor.
All monies collected pursuant to this section, not to exceed the actual revenues collected in fiscal year 1999-2000, must be annually deposited to a separate account and held in reserve for the SECTION 44. Section 56-3-8710(C)(3) of the 1976 Code is amended to read:
"(3) one-fourth deposited in a special account, separate and apart from the General Fund designated the 'NASCAR License Plate Highway Safety Fund' established within and administered for use by the SECTION 45. Section 56-5-330 of the 1976 Code is amended to read:
"Section 56-5-330. 'Safety glass' shall mean any product composed of glass, so manufactured, fabricated or treated as substantially to prevent shattering and flying of the glass when struck or broken or such other or similar product as may be approved by the SECTION 46. Section 56-5-380 of the 1976 Code is amended to read:
"Section 56-5-380. Every county and municipality in this State and any other local board or body having authority to maintain any public highways or to regulate the traffic thereon, but not including the SECTION 47. Section 56-5-765(A) and (B) of the 1976 Code is amended to read:
"(A) When a motor vehicle or motorcycle of a law enforcement agency, except a motor vehicle or motorcycle of the
(B) When a motor vehicle or motorcycle of the SECTION 48. Section 56-5-1270 of the 1976 Code is amended to read:
"Section 56-5-1270. The operator or owner of a motor vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of one thousand dollars or more which was not investigated by a law enforcement officer, within fifteen days after the accident, shall forward a written report and verification of liability insurance coverage of the accident to the Department of Motor Vehicles, the proof and report to be in a manner prescribed by the Department of Motor Vehicles and the Every law enforcement officer who, in the regular course of duty, investigates a motor vehicle accident that results in injury to or death of any person or total property damage to an apparent extent of one thousand dollars or more either at the time of and at the scene of the accident or after the accident by interviewing participants or witnesses, within twenty-four hours after completing the investigation, must forward a written report of the accident to the Department of Motor Vehicles including the names of interviewed participants and witnesses. If a two-wheeled motorized vehicle is involved in the accident and the operator or a passenger of the vehicle suffers a head injury, the injury must be indicated on the report." SECTION 49. Section 56-5-1300 of the 1976 Code is amended to read:
"Section 56-5-1300. The SECTION 50. Section 56-5-1320 of the 1976 Code is amended to read:
"Section 56-5-1320. Every coroner or other official performing like functions shall on or before the tenth day of each month report in writing to the SECTION 51. Section 56-5-1330 of the 1976 Code is amended to read:
"Section 56-5-1330. The person in charge of any garage or repair shop to which is brought any motor vehicle which shows evidence of having been involved in an accident of which report must be made as provided in Section 56-5-1270 or struck by any bullet shall report to the SECTION 52. Section 56-5-1340 of the 1976 Code is amended to read:
"Section 56-5-1340. All accident reports made by persons involved in accidents shall be without prejudice to the individual so reporting and shall be for the confidential use of the Department of Motor Vehicles, SECTION 53. Section 56-5-1350 of the 1976 Code is amended to read:
"Section 56-5-1350. The SECTION 54. Section 56-5-1520(I) of the 1976 Code is amended to read:
"(I) In expending the funds credited to the state general fund from fines generated under subsection (G), the SECTION 55. Section 56-5-1535(D) of the 1976 Code is amended to read:
"(D) Any fine imposed pursuant to this section is mandatory and may not be waived or reduced below the minimum as provided in subsection (B). Sixty-five percent of the fine must be remitted to the Treasurer and deposited in a special account, separate and apart from the general fund, designated for use by the SECTION 56. Section 56-5-2930(F) of the 1976 Code is amended to read:
"(F) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the SECTION 57. Section 56-5-2933(F) of the 1976 Code is amended to read:
"(F) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the SECTION 58. Section 56-5-2945(D) of the 1976 Code is amended to read:
"(D) One hundred dollars of each fine imposed pursuant to this section must be placed by the Comptroller General into a special restricted account to be used by the SECTION 59. Section 56-5-2951(B)(1) of the 1976 Code is amended to read:
"(1) obtain a temporary alcohol license from the Department of Motor Vehicles. A one hundred dollar fee must be assessed for obtaining a temporary alcohol license. Twenty-five dollars of the fee must be distributed by the Department of Motor Vehicles to the SECTION 60. Section 56-5-2953(D),(E) and (F) of the 1976 Code is amended to read:
"(D) SLED is responsible for purchasing, maintaining, and supplying all necessary video recording equipment for use at the breath test sites. SLED also is responsible for monitoring all breath test sites to ensure the proper maintenance of video recording equipment. The
(E) Beginning one month from the effective date of this section, all of the funds received in accordance with Section 14-1-208(C)(9) must be expended by SLED to equip all breath test sites with video recording devices and supplies. Once all breath test sites have been equipped fully with video recording devices and supplies, eighty-seven and one-half percent of the funds received in accordance with Section 14-1-208(C)(9) must be expended by the
(F) The SECTION 61. Section 56-5-3660 of the 1976 Code is amended to read:
"Section 56-5-3660. It shall be unlawful for any person under the age of twenty-one to operate or ride upon a two-wheeled motorized vehicle unless he wears a protective helmet of a type approved by the SECTION 62. Section 56-5-3670 of the 1976 Code is amended to read:
"Section 56-5-3670. It shall be unlawful for any person under the age of twenty-one to operate a two-wheeled motorized vehicle unless he wears goggles or a face shield of a type approved by the SECTION 63. Section 56-5-3680 of the 1976 Code is amended to read:
"Section 56-5-3680. The provisions of Section 56-5-3670 with respect to goggles and face shields shall not apply to the operator of a two-wheeled motorized vehicle equipped with a wind screen meeting specifications established by the SECTION 64. Section 56-5-3690 of the 1976 Code is amended to read:
"Section 56-5-3690. It shall be unlawful to sell, offer for sale or distribute any protective helmets, goggles or face shields for use by the operators of two-wheeled motorized vehicles, or protective helmets for the use of passengers thereon, unless they are of a type and specification approved by the SECTION 65. Section 56-5-3890(F) of the 1976 Code is amended to read:
"(F) The SECTION 66. Section 56-5-3900(B)(2) of the 1976 Code is amended to read:
"(2) the child is secured or restrained by a seat belt manufactured in compliance with Federal Motor Vehicle Safety Standard No. 208, installed to support a load of not less than five thousand pounds for each belt, and of a type approved by the SECTION 67. Section 56-5-4010(B) of the 1976 Code is amended to read:
"(B) The Transport Police Division of the SECTION 68. Section 56-5-4030(B) of the 1976 Code is amended to read:
"(B) The total outside width of a vehicle or the load on it may not exceed one hundred two inches exclusive of safety devices approved by the SECTION 69. Section 56-5-4035 of the 1976 Code is amended to read:
"Section 56-5-4035. The Department of Transportation may, under such terms and conditions as it may deem to be in the public interest for safety on the highways and in addition to any other permits required by Title 56, issue annual permits for vehicles transporting culvert pipe on public highways. No permit shall be issued for loads exceeding a width of one hundred six inches, exclusive of safety devices approved by the Any person violating the provisions of this section or any regulation promulgated by authority hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in an amount not to exceed two hundred dollars or imprisoned for a term not to exceed thirty days." SECTION 70. Section 56-5-4070(A) and (B) of the 1976 Code is amended to read:
"(A) Two- or three-unit vehicle combinations may be operated on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Transportation in accordance with Section 56-5-4075. The (1) No trailer or semitrailer may be operated in a two-unit truck tractor-trailer or truck tractor-semitrailer combination in excess of fifty-three feet, inclusive of the load carried on it. A fifty-three foot long trailer must be equipped with a rear underride guard, and the distance between the kingpin of the vehicle and the center of the rear axle assembly or to the center of the tandem axle assembly if equipped with two axles may be no greater than forty-one feet. However, trailers or semitrailers used exclusively or primarily to transport vehicles used in connection with motorsports competition events may not exceed forty-six feet on the distance measured from the kingpin to the center of the rear axle. (2) A trailer or semitrailer, operating in a three-unit combination, may not exceed a length of twenty-eight and one-half feet, inclusive of the load carried on it. (3) Auto and boat transporters may not have an overall length in excess of seventy-five feet, exclusive of front and rear overhang. However, front overhang may not exceed three feet, and rear overhang may not exceed four feet. (4) Saddle mounts and full mounts may not have an overall length in excess of seventy-five feet.
(B) No motor vehicle, exclusive of truck tractors being used in two or three unit combinations on the National System of Interstate and Defense Highways, on those qualifying federal-aid highways so designated by the United States Secretary of Transportation, and on other highways as designated by the Department of Transportation in accordance with Section 56-5-4075, may exceed a length of forty feet extreme overall dimension, inclusive of front and rear bumpers and load carried on it, except buses as approved by the SECTION 71. Section 56-5-4075 of the 1976 Code is amended to read:
"Section 56-5-4075. The (a) terminals, facilities for food, fuel, repairs, and rest; (b) points of loading and unloading for household goods carriers and auto transporters; and (c) specific industrial, commercial, warehousing, and similar sites, only after consulting with and considering the views of the local governments through whose jurisdictions such specific site access would pass. The Department of Transportation may cooperate with the United States Government by providing information to accomplish uniformity in designating 'other qualifying highways'. The information may only be provided after safety and operational requirements of the citizens of this State have been studied by the Department of Transportation. Any proposals by the Department of Transportation to add highways, other than those provided for in (a), (b), and (c) of this section, to the network of 'qualifying highways' designated by the U. S. Secretary of Transportation must be approved by the General Assembly before they become effective.
The Governor may petition the Secretary of Transportation of the United States to remove any highway federally designated under the Surface Transportation Assistance Act of 1982 [49 SECTION 72. The first two paragraphs of Section 56-5-4140(A)(4) of the 1976 Code are amended to read: "Vehicles with an overall maximum gross weight in excess of 75,185 pounds may operate upon any highway or section of highway in the Interstate System up to an overall maximum of 80,000 pounds in accordance with the following:
The weight imposed upon the highway by any group of two or more consecutive axles may not, unless specially permitted by the W = 500 (LN/N-1 + 12N + 36)." SECTION 73. Section 56-5-4160 of the 1976 Code is amended to read:
"Section 56-5-4160. (A) An officer or agent of the (B) A person who operates a vehicle on a public highway whose axle weight is in excess of the limits imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, must be fined five cents per pound or imprisoned not more than thirty days, or both. If a vehicle does not exceed the gross weight limits provided for by this article, and the axle weight limits are not exceeded by more than five percent including enforcement tolerances, the fine imposed is reduced by fifty percent with a minimum fine of twenty-five dollars.
(C) A person who operates a vehicle found to exceed the excess gross weight limitations imposed by Section 56-5-4130 or 56-5-4140 is guilty of a misdemeanor and, upon conviction, shall pay to the (1) 500-3,500 pounds: four cents per pound over weight limit; (2) 3,501-6000 pounds: six cents per pound over weight limit, beginning with the first pound in excess; (3) 6,001 pounds and over: ten cents per pound over weight limit, beginning with the first pound in excess. The fine imposed pursuant to items (1) and (2) must be equal to one-half the rate for vehicles transporting raw farm or forest products from the farm or forest to the first market, or by fully enclosed motor vehicles designed specifically for collecting, compacting, and hauling garbage from residences or from garbage dumpsters, or by motor vehicles operating open top trailers used for hauling recyclables, scrap, and waste materials from sites without facilities for weighing, when operating for those purposes. If an operator is found to be in violation of both gross and axle limits, only one citation may be issued, the fine being for the greater of the two, for that load. No fine may be issued for violation of the vehicle registration statutes if that vehicle is registered for the maximum allowable weight for that class of vehicle as provided in Section 56-5-4140.
If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the
(D)(1) A person who operates a vehicle found to have out-of-service violations, other than violations of brakes out of adjustment and lighting violations which can be repaired at the scene, detected during a roadside inspection, is guilty of a misdemeanor and, upon conviction, shall pay to the (2)(a) An individual who operates a commercial motor vehicle on a public highway whose vehicle or driver is in violation of the out-of-service order as defined in 49 C.F.R. 390.5 is guilty of a misdemeanor and, upon conviction, must be fined five hundred dollars. (b) A company or individual who operates or allows a commercial motor vehicle to be operated on a public highway in violation of a motor carrier operation out-of-service order, or order to cease operation, is guilty of a misdemeanor and, upon conviction, must be fined one thousand dollars.
(3) If the operator of the vehicle, upon conviction, fails to remit the fine imposed by this subsection to the
(E) At the time that a uniform size, weight, and safety citation is issued pursuant to this section, the officer or agent who is authorized to issue the citation must inform the individual receiving the citation that he has the option, at that time, to elect to pay his fine directly to the
(F) Magistrates have jurisdiction of all contested violations of this section. All monies collected pursuant to Section 56-5-4160 must be forwarded to the 'Conviction', as used in this section, also includes the entry of a plea of guilty or nolo contendere and the forfeiture of bail or collateral deposited to secure a defendant's presence in the court.
If the fine is not paid in full to the
(G) The (H) The issuance of a uniform citation to the operator of a vehicle for a violation of this section, Section 58-23-1120, or Regulation 38-423, et seq., constitutes notice to the owner of the violation. The uniform citation must include the following language in bold letters to be printed across the bottom of the citation 'THE ISSUANCE OF A UNIFORM CITATION NOTICE TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE TO THE OWNER OF A SIZE, WEIGHT, IDLING, OR SAFETY VIOLATION'. (I) An individual who fails to conduct a safety inspection of a vehicle as required by Part 396 of the Federal Motor Carrier Safety Regulations or fails to have in his possession documentation that an inspection has been performed must be fined one hundred dollars per vehicle operated in violation of this subsection. (J) Motor carriers, officers, or agents in charge of them, who fail or refuse to permit authorized State Transport Police representatives or employees to examine and inspect their books, records, accounts, and documents, or their plants, property, or facilities, as provided by law and with reasonable notice, are guilty of a misdemeanor. Each day of such failure or refusal constitutes a separate offense and each offense is punishable by a fine of one thousand dollars. (K) Notwithstanding any other provision of law, all fines collected pursuant to this section must be deposited into an account in the Office of the State Treasurer and called the 'Size, Weight, and Safety Revitalization Program Fund for Permanent Improvements'. Monies credited to the fund may only be expended as authorized in item (F) of this section. (L) Notwithstanding any other provision of law, the maximum gross vehicle weight and axle weight limit for a vehicle or combination of vehicles equipped with an idle reduction system, as provided for in 23 U.S.C. Section 127, may be increased by an amount equal to the weight of the system, not to exceed five hundred fifty pounds. Upon request by a law enforcement officer, the vehicle operator must provide proof that the system is fully functional and that the vehicle's gross weight increase allowed pursuant to this section is attributable only to the system. (M) Any motor vehicle that is fueled primarily by natural gas shall be allowed to exceed the gross, single axle, tandem axle, or bridge formula weight limits, including tolerances, by no more than two thousand pounds each individually weighed, up to a maximum gross vehicle weight of eighty-two thousand pounds on the interstate, by an amount that is equal to the difference between: the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and the weight of a comparable diesel tank and fueling system. To be eligible for this exception, the operator of the vehicle must be able to demonstrate that the vehicle is a natural gas vehicle, a biofuel vehicle using natural gas, or a vehicle that has been converted to a natural gas vehicle. The operator shall provide documentation which certifies the difference between: the weight of the vehicle attributable to the natural gas tank and fueling system carried by that vehicle; and the weight of a comparable diesel tank and fueling system." SECTION 74. Section 56-5-4170(C) and (F) of the 1976 Code is amended to read:
"(C) The
(F) The SECTION 75. Section 56-5-4240(A) of the 1976 Code is amended to read:
"(A) Except as otherwise provided by law or through regulations promulgated by the SECTION 76. Section 56-5-4630(A)(1) of the 1976 Code is amended to read:
"(1) for any commercial motor vehicle as defined in this title transporting unmanufactured forest products as defined in SECTION 77. Section 56-5-4840 of the 1976 Code is amended to read:
"Section 56-5-4840. It shall be unlawful for any person to sell, offer for sale or use any device or equipment which tends to change the original design or performance of any head lamps or any other lamps or reflectors required by law to be attached to motor vehicles, trailers or semitrailers unless the equipment or device has been approved by the director of the SECTION 78. Section 56-5-4880 of the 1976 Code is amended to read:
"Section 56-5-4880. (a) The
(b) The Department of Motor Vehicles may refuse to register or may suspend or revoke the registration of any vehicle referred to in this section when the
(c) No person shall operate on any highway any vehicle referred to in this section in the event the SECTION 79. Section 56-5-4970 of the 1976 Code is amended to read:
"Section 56-5-4970. Any authorized emergency vehicle may be equipped with a siren, whistle or bell capable of emitting sound audible under normal conditions from a distance of not less than five hundred feet and of a type approved by the SECTION 80. Section 56-5-5015(E) of the 1976 Code is amended to read:
"(E) Each vehicle equipped with an after-factory sunscreening device, whether installed by a consumer or professional window tinter, at all times must bear a certificate of compliance. The certificate of compliance must be of a size and form prescribed by the (1) the percentage of light transmission allowed by the sunscreening device; (2) the identity of the installer by name, address, and telephone number; and (3) date of installation." SECTION 81. Section 56-5-5080 of the 1976 Code is amended to read:
"Section 56-5-5080. As an alternative it shall be deemed a compliance with Sections 56-5-5060 and 56-5-5070 in the event the person operating any motor vehicle described therein shall carry in such vehicle three portable reflector units on standards of a type approved by the SECTION 82. Section 56-5-5120 of the 1976 Code is amended to read:
"Section 56-5-5120. In the alternative it shall be deemed a compliance with SECTION 83. Section 56-5-5140 of the 1976 Code is amended to read: "Section 56-5-5140. Any person operating any vehicle transporting any explosive as a cargo or part of a cargo upon a highway shall at all times comply with the provisions of this section. Such vehicle shall be marked or placarded on each side and the rear with the word 'Explosive' in letters not less than eight inches high or there shall be displayed on the rear of such vehicle a red flag not less than twenty-four inches square marked with the word 'Danger' in white letters six inches high. Every such vehicle shall be equipped with not less than two fire extinguishers, filled and ready for immediate use and placed at a convenient point on the vehicle so used.
The SECTION 84. Section 56-5-5810(e) of the 1976 Code is amended to read:
"(e) 'Colored tag' means any type of notice affixed to an abandoned or derelict vehicle advising the owner or the person in possession that it has been declared an abandoned or derelict vehicle and will be treated as such. The tag shall be of sufficient size to be easily discernable and shall contain such information as the SECTION 85. Section 56-5-5870 of the 1976 Code is amended to read:
"Section 56-5-5870. The SECTION 86. Section 56-5-5880 of the 1976 Code is amended to read:
"Section 56-5-5880. All officers, employees, and agents of any person under contract with the SECTION 87. Section 56-5-6170 of the 1976 Code is amended to read:
"Section 56-5-6170. The SECTION 88. Section 56-5-6525(A) of the 1976 Code is amended to read:
"(A) The SECTION 89. Section 56-5-6560(A) and (B) of the 1976 Code is amended to read:
"(A) Any time a motor vehicle is stopped by a state or local law enforcement officer without a citation being issued or an arrest being made, the officer who initiated the stop must complete a data collection form designed by the
(B) The SECTION 90. Section 56-5-6565 of the 1976 Code is amended to read:
"Section 56-5-6565. (A) The
(B) The Department of Transportation may develop additional programs to promote safety belt use or may coordinate with the
(C) The SECTION 91. Section 56-7-10(C) of the 1976 Code is amended to read:
"(C) No other ticket may be used for these offenses. The service of the uniform traffic ticket shall vest all traffic, SECTION 92. Section 56-7-12(A) of the 1976 Code is amended to read:
"(A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he may be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be prescribed by the Department of Motor Vehicles and the SECTION 93. Section 56-7-30(A) of the 1976 Code is amended to read:
"(A) The SECTION 94. The first undesignated paragraph of Section 56-9-350 of the 1976 Code is amended to read:
"Section 56-9-350. The operator or owner of a motor vehicle involved in an accident resulting in property damage of four hundred dollars or more, or in bodily injury or death, must be furnished a written request form at the time of the accident, or as soon after the accident as possible, by the investigating officer for completion and verification of liability insurance coverage, the form to be in a manner prescribed by the Department of Motor Vehicles and the SECTION 95. Section 56-10-45(A) of the 1976 Code is amended to read:
"(A) The SECTION 96. Section 56-10-552 of the 1976 Code is amended to read:
"Section 56-10-552. (A) For each two dollars of the yearly premium for uninsured motorist coverage paid to the Department of Motor Vehicles pursuant to Section 38-73-470, one dollar and twenty cents must be placed by the Comptroller General into the State Highway Fund as established by Section 57-11-20, to be distributed as provided in Section 11-43-167. The remaining eighty cents must be placed in a special fund, to be known as the 'Uninsured Enforcement Fund', to be used by the
(B) Fifty percent of the reinstatement fee as provided by Section 56-10-510(1) must be transferred by the SECTION 97. Section 56-11-20 of the 1976 Code is amended to read:
"Section 56-11-20. The Department of Motor Vehicles and the SECTION 98. Section 56-11-40 of the 1976 Code is amended to read:
"Section 56-11-40. The Department of Motor Vehicles, the SECTION 99. Section 56-19-420(B)(2) of the 1976 Code is amended to read:
"(2) the remainder must be allocated to the SECTION 100. Section 56-35-50 of the 1976 Code is amended to read:
"Section 56-35-50. (A) The State Transport Police Division of the
(B) The officer must inform the individual receiving the citation that he has the option, at that time, to elect to pay his fine directly to the (C)(1) Magistrates have jurisdiction of all contested violations of this chapter. Where a contested hearing is requested, any fine imposed is subject to all assessments and surcharges applicable by law. The fine, surcharges, and assessments shall be distributed as set forth in the applicable law.
(2) If the fine is not paid in full to the
(D) The State Transport Police shall use the citation form referenced in Section 56-1-4160(G) for idling violations. The SECTION 101. Section 57-3-180 of the 1976 Code is amended to read:
"Section 57-3-180. All persons to whom open-end permits are issued shall file with the Department of Transportation before the twenty-first day of each January, April, July, and October reports showing the number of trips made during the preceding quarter ending on December thirty-first, March thirty-first, June thirtieth, and September thirtieth, respectively, the dates of the trips, and other information the department may require. The fee of ten dollars a trip, required to be paid pursuant to Section 56-3-710, must be paid to the Department of Transportation with each report filed. However, the fee for additional trips of less than twelve miles distance made under the open-end permits is one dollar a trip. Persons to whom open-end permits are issued shall maintain full and complete records of all oversize mobile homes, modular home units, or utility buildings moved, the records to be open to audit and inspection by the Department of Transportation and SECTION 102. Section 58-23-50(A)(7) of the 1976 Code is amended to read:
"(7) haulers engaged in transporting logs, chips, or wood residues which are subject to the South Carolina Unmanufactured Forest Products Trucking Regulations which are promulgated and adopted by the SECTION 103. Section 58-23-1120 of the 1976 Code is amended to read: "Section 58-23-1120. Each for-hire motor carrier of household goods or hazardous waste for disposal must comply with orders and regulations prescribed by the Public Service Commission. The Office of Regulatory Staff may employ the necessary law enforcement personnel to enforce the provisions which apply to holders of certificates A, B, C, and certificates E and F of Public Convenience and Necessity.
The SECTION 104. Section 59-67-20 of the 1976 Code is amended to read:
"Section 59-67-20. The State Board of Education, by and with the advice of the SECTION 105. Section 59-67-260 of the 1976 Code is amended to read:
"Section 59-67-260. The SECTION 106. Section 59-67-570 of the 1976 Code is amended to read:
"Section 59-67-570. The State Board of Education may adopt such rules and regulations as may be necessary to carry out the intent and purposes of this article. Such rules and regulations shall have the full force and effect of law. But rules and regulations that affect the functions of the SECTION 107. Section 61-6-2900 of the 1976 Code is amended to read:
Section 61-6-2900. Alcoholic liquors must be shipped or moved from a point outside this State to a point inside the State only by railroad companies, steamship companies, express companies, or truck companies authorized to do business in the State as common carriers by the SECTION 108. Section 61-6-4250 of the 1976 Code is amended to read:
"Section 61-6-4250. The clerk of court of each county in the State must, at the conclusion of each term of the court of general sessions in the county, forward to the department a certificate on forms prescribed and furnished by the department showing the name of each person who is convicted, pleads guilty, enters a plea of nolo contendere, or forfeits bond for the violation of any provision of this article except Section 61-6-4720. The department must maintain a file of these violations. A copy of the department's records pertaining to the convictions, certified as correct by the director or his designee, is admissible in all courts as prima facie evidence of the facts recited in the records. The department must, upon receipt of a record of conviction, plea of guilty, plea of nolo contendere, or forfeiture of bond for the violation of the provisions of this article prohibiting the transportation of alcoholic liquors, forward to the SECTION 109. Section 61-6-4290 of the 1976 Code is amended to read:
"Section 61-6-4290. The SECTION 110. Section 23-3-10 of the 1976 Code is amended to read:
"Section 23-3-10. There is created within the Department of Law Enforcement and Public Safety the SECTION 111. Section 23-3-680 of the 1976 Code is amended to read:
"Section 23-3-680. SECTION 112. Section 23-3-690 of the 1976 Code is amended to read:
"Section 23-3-690. SECTION 113. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws. SECTION 114. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective. SECTION 115. Section 23-6-60 as contained in SECTION 23 takes effect upon funding of the Illegal Immigration Enforcement Unit by the General Assembly pursuant to Section 23-6-60(D) and upon granting of Section 287(g) of the federal Immigration and Nationality Act authority to the Division of Public Safety pursuant to Section 23-6-60(E). The remaining SECTIONS of this act take effect upon approval by the Governor.
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