S 1214 General Bill, By Holland
 A BILL TO AMEND ARTICLE 11, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH
 CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING
 COUNCIL, SO AS TO CREATE THE SOUTH CAROLINA LAW ENFORCEMENT COORDINATING
 COUNCIL; BY AMENDING SECTION 23-6-510, SO AS TO ESTABLISH MEMBERSHIP ON THE
 COUNCIL; BY AMENDING SECTION 23-6-520, SO AS TO PROVIDE FOR THE SELECTION OF
 OFFICERS FOR THE COUNCIL; BY AMENDING SECTION 23-6-530, SO AS TO PROVIDE FOR
 MEETING PROCEDURES; AND BY ADDING SECTION 23-6-540, SO AS TO SPECIFY THE
 POWERS AND DUTIES OF THE COUNCIL.

   04/23/98  Senate Introduced and read first time SJ-4
   04/23/98  Senate Referred to Committee on Judiciary SJ-4
   05/13/98  Senate Committee report: Favorable with amendment
                     Judiciary SJ-21
   05/14/98  Senate Amended SJ-30
   05/14/98  Senate Read second time SJ-30
   05/14/98  Senate Unanimous consent for third reading on next
                     legislative day SJ-30
   05/15/98  Senate Read third time and sent to House
   05/19/98  House  Introduced and read first time HJ-8
   05/19/98  House  Referred to Committee on Judiciary HJ-9

COMMITTEE AMENDMENT ADOPTED

May 14, 1998

S. 1214

S. Printed 5/14/98--S.

Read the first time April 23, 1998.

A BILL

TO AMEND ARTICLE 11, CHAPTER 6, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SOUTH CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, SO AS TO CREATE THE SOUTH CAROLINA LAW ENFORCEMENT COORDINATING COUNCIL; BY AMENDING SECTION 23-6-510, SO AS TO ESTABLISH MEMBERSHIP ON THE COUNCIL; BY AMENDING SECTION 23-6-520, SO AS TO PROVIDE FOR THE SELECTION OF OFFICERS FOR THE COUNCIL; BY AMENDING SECTION 23-6-530, SO AS TO PROVIDE FOR MEETING PROCEDURES; AND BY ADDING SECTION 23-6-540, SO AS TO SPECIFY THE POWERS AND DUTIES OF THE COUNCIL.

Amend Title To Conform

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

SECTION 1. Article 11, Chapter 6 of Title 23 of the 1976 Code is amended to read:

"Article 11

Section 23-6-500. There is created a council to administer certain responsibilities of the Department of Public Safety and coordinate certain activities between the department, the South Carolina Law Enforcement Division and municipal and county law enforcement agencies. The council is to be known as the South Carolina Public Safety Coordinating Council. Various state and local law enforcement agencies operate to provide safety and security to the citizens of South Carolina. In order to coordinate the efforts of these various agencies, eliminate overlap of resources, clearly define jurisdictional areas, and approve funding to accomplish specific goals, there is created the South Carolina Law Enforcement Coordinating Council. The council is created to coordinate and administer certain activities between the Department of Public Safety, the South Carolina Law Enforcement Division, and municipal and county law enforcement agencies.

Section 23-6-510. The council is composed of the following persons eleven members for the 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) (3) the Chairman of the House of Representatives Judiciary Committee for his term of office in the House of Representatives, or his designee;

(4) the Attorney General for the term of office for which he is elected;

(5) the Director of the Department of Public Safety the President of the Solicitors' Association for the term of office for which he is elected or appointed;

(6) a sheriff appointed by the Governor the President of the South Carolina Sheriffs' Association for the term of office for which he is elected or appointed;

(7) a municipal police chief appointed by the Governor for a term of two years the President of the South Carolina Police Chiefs' Association for the term of office for which he is elected or appointed; and

(8) a victim representative two victim representatives appointed by the Governor for a term of four years. ;

(9) the Dean of the University of South Carolina College of Criminal Justice;

(10) the Chief of the South Carolina Law Enforcement Division for the term of office for which he is appointed; and

(11) the Director of the Department of Public Safety for the term of office for which he is appointed.

The members provided for in items (10) and (11) are non-voting, ex officio members.

Any vacancy occurring must be filled in the manner of the original appointment for the unexpired portion of the term.

A council member who terminates his holding of the office or employment which qualifies him for membership on the council 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 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 department personnel by other state or local agencies or political subdivisions;

(4) advise and consult on questions of jurisdiction and law enforcement and public safety activities between the Department of Public Safety, the South Carolina Law Enforcement Division and law enforcement agencies of local political subdivisions. The council shall elect a chairperson from its membership, excluding the ex officio members, to serve a two-year term. The chairperson shall name a vice-chairperson to serve a two-year term. These officers may serve subsequent terms. The duties of secretary shall be assumed by the staff of the Office of Safety and Grants of the Department of Public Safety.

The council may elect other officers as it considers 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 by law.

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. (A) The council shall meet for regularly scheduled quarterly meetings. The council shall adopt operating procedures consistent with this article, including regulations concerning meeting attendance.

(B) At the call of the chairperson, special meetings may be held for a stated purpose.

(C) (1) The council membership shall be notified at least thirty days in advance of the regular meetings. Notices shall contain the time and place of the meeting. Agenda items which may require advance preparation shall be forwarded to the council at least seven days before the meeting.

(2) The council membership shall be notified at least seven days before any special meeting called by the chairperson. Notices for special meetings shall contain the time, place, and reason for the call of the meeting.

Notification to council members of regular and special meetings shall be the responsibility of the secretary.

(D) No business of the council shall be conducted without a quorum of the membership being present. A quorum shall be a majority of the membership designated in Section 23-6-510. Each member or his designee is entitled to one vote, except the ex officio members.

Section 23-6-540. The council has the following powers and duties to:

(1) recommend and approve a hiring and promotion policy for commissioned law enforcement personnel, agents, or officers. This policy shall be advisory in nature to all law enforcement agencies;

(2) establish a process for the solicitation of applications for all grants administered by the Office of Safety and Grants within the South Carolina Department of Public Safety;

(3) review and approve the disbursement of all grants administered by the Office of Safety and Grants within the South Carolina Department of Public Safety in a fair and equitable manner;

(4) coordinate the use of personnel from the Department of Public Safety by other state or local agencies or political subdivisions; and

(5) advise and consult on questions of law enforcement jurisdiction among the various law enforcement agencies; advise and consult the various law enforcement agencies on issues concerning policy and procedure; coordinate public safety activities among the Department of Public Safety, the South Carolina Law Enforcement Division, and municipal and county law enforcement agencies; and advise the various law enforcement agencies on matters that require legislative action."

SECTION 2. This act takes effect upon approval by the Governor.