S 1093 General Bill, By H.S. Stilwell
 A Bill to amend Section 23-6-420, Code of Laws of South Carolina, 1976,
 relating to members of the South Carolina Law Enforcement Council, so as to
 revise the membership of the Council to provide that the Director of the
 Department of Public Safety is the sole representative of that Department, to
 clarify the name of the representative of the Department of Natural Resources,
 and to add a member to ensure representation by a sheriff from a county with
 population of less than fifty thousand people and representation by a sheriff
 from a county with population of more than fifty thousand people; and to
 repeal Section 23-23-30(A)(4) which was repealed elsewhere in the
 Restructuring Act.

   01/27/94  Senate Introduced and read first time SJ-5
   01/27/94  Senate Referred to Committee on Judiciary SJ-5

A BILL

TO AMEND SECTION 23-6-420, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE SOUTH CAROLINA LAW ENFORCEMENT COUNCIL, SO AS TO REVISE THE MEMBERSHIP OF THE COUNCIL TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY IS THE SOLE REPRESENTATIVE OF THAT DEPARTMENT, TO CLARIFY THE NAME OF THE REPRESENTATIVE OF THE DEPARTMENT OF NATURAL RESOURCES, AND TO ADD A MEMBER TO ENSURE REPRESENTATION BY A SHERIFF FROM A COUNTY WITH POPULATION OF LESS THAN FIFTY THOUSAND PEOPLE AND REPRESENTATION BY A SHERIFF FROM A COUNTY WITH POPULATION OF MORE THAN FIFTY THOUSAND PEOPLE; AND TO REPEAL SECTION 23-23-30(A)(4) WHICH WAS REPEALED ELSEWHERE IN THE RESTRUCTURING ACT.

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

SECTION 1. Section 23-6-420 the 1976 Code, as added by Act No. 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;

(11) one county sheriff engaged in full-time performance of duties as a law enforcement officer and from a county having a population of more 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."

SECTION 2. Section 23-23-30(A)(4), as last amended by Act No. 181 of 1993, is repealed.

SECTION 3. The provisions of Section 2 are retroactive to July 1, 1993.

SECTION 4. This act takes effect July 1, 1994; however, the Governor may appoint members whose terms begin on July 1, 1994, prior to that date.