Current Status Introducing Body:House Bill Number:3260 Primary Sponsor:Sheheen Committee Number:25 Type of Legislation:GB Subject:Law Enforcement Efficiency and Consolidation Act of 1993 Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/15085SD.93 Introduced Date:01199326 Last History Body:House Last History Date:01199326 Last History Type:Introduced read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Sheheen Hodges Quinn Wilkins Huff Rogers M.O. Alexander Clyborne Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3260 House 19930126 Introduced, read first time, 25
referred to Committee
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TO ENACT THE SOUTH CAROLINA LAW ENFORCEMENT EFFICIENCY AND CONSOLIDATION ACT OF 1993 BY AMENDING ARTICLE 1, CHAPTER 3 OF TITLE 23 OF
THE 1976 CODE, RELATING TO THE STATE LAW ENFORCEMENT DIVISION, CHAPTER 5, TITLE 23, RELATING TO THE STATE HIGHWAY PATROL; SECTIONS 57-3-10, 57-3-30, AND 57-3-610, AND ADDING SECTION 57-3-615 RELATING TO VARIOUS DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVISIONS; ARTICLE 3, CHAPTER 3 OF TITLE 58, RELATING TO THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION; AND SECTIONS 61-1-60, 61-3-220, 61-5-100, 61-5-140, 61-9-1050, 61-13-410, 61-13-810, AND 61-13-836, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND THE ENFORCEMENT OF CERTAIN ALCOHOLIC BEVERAGE LAWS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IS RESPONSIBLE FOR THE ENFORCEMENT OF ALL CRIMINAL LAWS, INCLUDING TRAFFIC OFFENSES, MISDEMEANORS, AND FELONIES, AND CIVIL LAWS, THE VIOLATION OF WHICH MAY RESULT IN A FINE OR OTHER PENALTY BEING ASSESSED AGAINST THE VIOLATOR, WHICH LAWS ARE NOW ENFORCED BY PERSONNEL EMPLOYED BY AND UNDER THE JURISDICTION OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION; TO REVISE THE TERM OF THE CHIEF OF THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE DIVISION MUST BE STRUCTURED AND FOR THE PERSONNEL THEREOF, TO PROVIDE FOR THE MAINTENANCE AND SERVICE OF VEHICLES OF THE DIVISION BY THE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, AND TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, APPROPRIATIONS, AND PROPERTY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "South Carolina Law Enforcement Efficiency and Consolidation Act of 1993".
SECTION 2. Article 1, Chapter 3 of Title 23 of the 1976 Code is amended to read:
Section 23-3-10. There is hereby created the South Carolina Law Enforcement Division (SLED). The division shall must be headed by a chief who shall must be appointed by the Governor by and with the advice and consent of the Senate and shall hold office until his successor shall have been is appointed and qualified. The term of the chief shall must be coterminous with that of the appointing Governor ten years. On the effective date of the provisions of this section providing for a ten-year term for the chief, a successor to the chief serving on this date must be appointed as provided herein. Nothing herein prevents the chief serving on this date from being reappointed to this ten-year term. No person may serve more than two full ten-year terms, or more than a total of twenty years as chief. The Governor may, at his discretion, appoint such other agents as he may deem necessary to assist in the detection of crime and the enforcement of criminal laws of this State. The agents, officers and troopers of the division must be commissioned by the Governor upon the recommendation of the chief of the division. The agents, officers and troopers shall have such that rank or title as may be provided under the State Employees Classification System. The chief may appoint such other personnel as is deemed considered necessary and as is provided for in the annual appropriations act. All agents, officers and troopers appointed commissioned by the Governor shall be are subject to discharge for cause which shall must be subject to review as is now provided by law for other state employees.
Section 23-3-15. In addition to its authorities and duties provided by law, the South Carolina Law Enforcement Division is responsible for the enforcement of all criminal laws, including traffic offenses, misdemeanors, and felonies, and civil laws, the violation of which may result in a fine or other penalty being assessed against the violator, which laws are now enforced by law enforcement personnel employed by and under the jurisdiction of the Alcoholic Beverage Control Commission, the Department of Highways and Public Transportation, and the law enforcement department of the Public Service Commission. These civil and criminal laws also include regulations and ordinances pertinent thereto. The duties, functions, and powers of these law enforcement personnel are devolved upon the South Carolina Law Enforcement Division and the law enforcement personnel of these agencies on the effective date of this section shall perform their duties and functions under the auspices of the division and shall become a part of SLED in the manner provided by law.
Section 23-3-20. Before the chief or any agent shall enter upon his duties he shall first enter into good and sufficient bond in the penal sum of two thousand dollars and shall subscribe to the oath provided by law for peace officers.
Each Governor shall reappoint all agents within sixty days after taking office unless the agent is discharged with cause as provided by law.
Every officer, agent and trooper commissioned pursuant to this article shall file a bond, or be covered by a surety bond, of not less than two thousand dollars with the South Carolina Law Enforcement Division, subscribed by a licensed surety company, conditioned for the faithful performance of his duties, for the prompt and proper accounting of all funds coming into his hands, and for the payment of a judgment recovered against him in a court of competent jurisdiction upon a cause of action arising out of breach or abuse of official duty or power and for the payment of damages sustained by a member of the public from an unlawful act of the agent or trooper. However, coverage under the bond does 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 on a form approved by the Attorney General. The premiums on the bonds must be paid by the division.
All officers, agents and troopers of the division shall take and subscribe to the oath provided by law for peace officers.
Section 23-3-25. The Chief of the South Carolina Law Enforcement Division may assign personnel of the division to particular areas of enforcement as appropriate for the enforcement of the laws and regulations of this State which the South Carolina Law Enforcement Division is charged with enforcing. For this purpose, the chief may establish subdivisions within SLED to carry out particular duties as assigned by the chief. The State Highway Patrol shall become one such subdivision on the effective date of this section.
Section 23-3-30. All security personnel employed by the State, other than at correctional institutions shall must be under the direct supervision of the South Carolina Law Enforcement Division.
Section 23-3-40. All sheriff's and police departments in South Carolina shall make available to the Criminal Justice Records Division of the State Law Enforcement Division for the purpose of recordation and classification all fingerprints taken in criminal investigations resulting in convictions. The State Law Enforcement Division shall pay for the costs of such program and prepare the necessary regulations and instructions for the implementation of this section.
Section 23-3-45. The South Carolina Law Enforcement Division is authorized to accept fingerprints of applicants for admission to the South Carolina Bar and, to the extent provided for by federal law, to exchange state, multistate, and federal criminal history records with the South Carolina Board of Law Examiners for licensing purposes.
Section 23-3-50. Notwithstanding any other provisions of law, All revenue from fees and licenses received by the State Law Enforcement Division related to enforcement and regulation of private detective and security companies (Section 40-17-160 of the 1976 Code), gun dealers (Section 16-23-10), gun permits (Sections 23-31-110 and 17-5-110) and massage parlors (Section 40-29-160) shall must be remitted to the State Treasurer as collected and credited to the general fund of the State.
Section 23-3-60. The State Law Enforcement Division should assign eight of its agents occupying full-time classified positions provided for in the annual general appropriations act to drug enforcement and narcotics control activities involving children in the public schools of this State, one such agent to be assigned to work primarily in each congressional district of this State, and two such agents to be assigned to work the State at large."
SECTION 3. Chapter 5, Title 23 of the 1976 Code is amended to read:
Section 23-5-10. The law enforcement division of the State Highway Department shall be named and known as the `South Carolina Highway Patrol' is a subdivision of the South Carolina Law Enforcement Division, is under its direct supervision and control, and shall consist consists of such patrolmen the troopers, officers, agents, and employees as the Department may deem division considers necessarily proper for the enforcement of the traffic and other related laws, the enforcement of which is devolved upon the Department division. Such officers and patrolmen shall be commissioned by the Governor upon the recommendation of the Chief Highway Commissioner. Such commissions may be terminated at the pleasure of the Chief Highway Commissioner.
Section 23-5-20. Every officer and patrolman commissioned pursuant to this chapter shall file a bond, or be covered by a surety bond, in the amount of not less than two thousand dollars with the Department, subscribed by some duly licensed surety company, conditioned for the faithful performance of his duties, for the prompt and proper accounting of all funds coming into his hands and for the payment of any judgment recovered 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 such officer or patrolman; provided, that coverage under such bond shall not include damage to persons or property arising out of the negligent operation of a motor vehicle. Such bond may be individual, schedule or blanket and on a form approved by the Attorney General. The premiums on such bonds shall be paid by the Department out of the State highway fund.
Section 23-5-30 23-5-20. The Department South Carolina Law Enforcement Division may provide such the officers and patrolmen troopers with distinctive uniforms and suitable arms and equipment for use in the performance of their duties. Such The officers and patrolmen troopers shall at all times, when in the performance of their duties, shall wear complete uniforms with badges conspicuously displayed on the outside of their uniforms.
Section 23-5-31. The Director Chief of the South Carolina Law Enforcement Division of the South Carolina Department of Highways and Public Transportation (director), with the approval of the Executive Director of the Department of Highways and Public Transportation, shall prescribe a unique and distinctive official uniform, with appropriate insignia to be worn by all officers of the South Carolina Highway Patrol when on duty and at such other times as the director shall order, chief orders and a distinctive color or colors and appropriate emblems for all motor vehicles used by such the highway patrol except those designated by the director chief. No other law enforcement agency, private security agency, or any person shall may wear a similar uniform and insignia which may be confused with the uniform and insignia of the highway patrol nor shall any. An emblem must not be used on a motor vehicle nor shall it, and a motor vehicle must not be painted in a color or in any a manner which would cause the vehicle to be similar to a highway patrol vehicle or readily confused therewith with it.
Section 23-5-32. The director chief shall file with the Secretary of State and Legislative Council for publication in the State Register a description and illustration of the official highway patrol uniform with insignia and the emblems of the official highway patrol uniforms and motor vehicles and a description of including the color of such uniforms and vehicles.
Section 23-5-33. In order to carry out the provisions of Sections 23-5-31 to 23-5-34 in an orderly and economical manner, it is intended that all serviceable uniforms be continued in use until such time as the director deems chief considers it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles.
Section 23-5-34. Any A violation of Sections 23-5-31 to 23-5-34 may be enjoined by the court of common pleas upon petition of the director Chief of the law enforcement division South Carolina Law Enforcement Division after due notice to the person violating the provisions of the Sections 23-5-31 to 23-5-34 sections and after a hearing on the petition.
Section 23-5-40. The patrolmen troopers and officers of the South Carolina Highway Patrol shall patrol the highways of the State for the purpose of enforcing to enforce the laws of the State relative to highway traffic and motor vehicles. Such The officers and patrolmen shall troopers have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as such the sheriffs to arrest without warrants and to detain persons found violating or attempting to violate any the laws of the State relative to highway traffic and motor vehicles. Such The officers and patrolmen troopers shall also have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.
Section 23-5-50. When any a person is apprehended by a patrolman trooper upon a charge of violating any a traffic or other law, the enforcement of which by a patrolman trooper is authorized by law, the person so being charged, upon being served with the official summons issued by such the arresting patrolman trooper, 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, may deposit with the apprehending patrolman trooper a sum of money as bail, not less than the minimum nor more than the maximum fine, but in no case to exceed not more than two hundred dollars, to be in due course turned over to the judicial officer as money for bail, 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 such the sum so deposited shall must be given to such the person by such the arresting officer. The summons duly served as herein provided shall give in this section gives the judicial officer jurisdiction to dispose of the matter. Upon receipt of the fixed sum of money the patrolman trooper 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 23-5-60. The patrolmen shall troopers, upon request of any a sheriff, shall assist such sheriff him in the solution of any a crime and the apprehension of any a law violator."
SECTION 4. (A) Section 57-3-10 of the 1976 Code is amended to read:
"Section 57-3-10. There is hereby established as an administrative agency of the state government the South Carolina Department of Highways and Public Transportation. Its functions and purposes shall be are the systematic planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon, the administration and enforcement of traffic, driver and motor vehicle laws, and other laws relating to such subjects, the coordination of all state and federal programs relating to public transportation among the departments, agencies, and other bodies politic and legally constituted agencies of this State and the performance of such other duties and matters as may be delegated to it pursuant to law, except that the department shall may not be charged with any duties or responsibilities delegated by law to the Public Service Commission."
(B) Section 57-3-30 of the 1976 Code is amended to read:
"Section 57-3-30. A. The department must be divided into such divisions as the Commission or the Executive Director of the Department of Highways and Public Transportation may prescribe prescribes but shall consist of at least four three principal divisions;, one of which shall be is the engineering division, another the motor vehicle division, another the law enforcement division, and another the public transportation division. The motor vehicle division and the law enforcement division may be combined under one director. Other ancillary or service divisions may be set up by the department as may be necessary for the efficient and economical operation of the department and to carry out the functions and purposes of the department. The department is also authorized to process all payments for goods and services for the Interagency Council on Public Transportation.
B. The department is authorized to develop a general public transportation plan and policy for the State in order to encourage the efficient development, implementation, operation, evaluation, and monitoring of public transportation systems, both public and private. All departments, boards, public authorities, or other agencies of the State or its political subdivisions, local government, transportation authorities, and other local public entities shall cooperate with the department, provide assistance, data, and advice upon request."
(C) Section 57-3-610 of the 1976 Code is amended to read:
"Section 57-3-610. The Department of Highways and Public Transportation may:
(1) lay out, build, and maintain public highways and bridges;
(2) acquire such lands and road-building materials and rights-of-way as may be needed for roads and bridges by purchase, gift, or condemnation;
(3) cause the state highways to be marked with appropriate directions for travel and regulate the travel and traffic along such the highways, subject to the laws of the State;
(4) initiate and conduct research programs and pilot projects to further research and development, and promote training of personnel in the fields of planning, construction, maintenance, and operation of the state highway system, the regulation of traffic thereon on them, the administration and enforcement of traffic, driver and motor vehicle laws, and public transportation;
(5) cooperate with the federal government in the construction of federal-aid highways, in the development of improved public transportation service, facilities, equipment, techniques and methods, and in planning and research in connection therewith with it; and seek and receive such federal aid and assistance as may from time to time may become available except for funds designated by statute to be administered by the Chief Executive Officer of the State;
(6) instruct, assist, and cooperate with the agencies, departments, and bodies politic and legally constituted agencies of the State in street, highway, traffic, and public transportation matters when requested to do so, and, if requested by such the government authorities, supervise or furnish engineering supervision for the construction and improvement of roads and bridges, provided such the duties do not impair the attention to be given the highways in the state highway system;
(7) carry out highway and public transportation safety programs;
(8) license and register motor vehicles and administer the collection of license and registration fees and penalties;
(9) examine and license motor vehicle drivers;
(10) engage in driver training and safety activities;
(11) Enforce the traffic, motor vehicle and related laws;
(12) promulgate such rules and regulations for the administration and enforcement of the powers delegated to department by law, which rules and regulations shall have the full force and effect of law upon filing according to law; and
(13)(12) do all other things required or provided by law."
(D) The 1976 Code is amended by adding:
"Section 57-3-615. The Department of Highways and Public Transportation must service and maintain all motor vehicles operated by the South Carolina Law Enforcement Division and its subdivisions."
SECTION 5. Article 3, Chapter 3, Title 58 of the 1976 Code is amended to read:
Section 58-3-310. The law enforcement department of the Public Service Commission shall consist of such South Carolina Law Enforcement Division must appoint officers, inspectors and agents and troopers 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 South Carolina Law Enforcement 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 58-3-360 58-3-320. Inspectors Troopers shall enforce the Motor Vehicle Carrier Law, and related laws and insure that all persons violating any provision of these laws are properly prosecuted.
Section 58-3-370 58-3-330. When any person is apprehended by an inspector a trooper upon a charge of violating the Motor Vehicle Carrier Law or related laws, the following procedure shall must be followed:
(1) The person being charged shall be served by the arresting inspector trooper 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 trooper 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 trooper 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 trooper 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 6. (A) Section 61-1-60 of the 1976 Code is amended to read:
"Section 61-1-60. In order to provide means for a more rigid enforcement of the laws and rules and regulations governing alcoholic beverages and beer and wine in the State, the South Carolina Beverage Control Commission is authorized to employ eleven investigators and other necessary administrative personnel who shall function under the control of the commission. Salaries of all personnel shall be as set by the commission. The South Carolina Law Enforcement Division shall employ agents necessary to enforce the laws and regulations governing alcoholic beverages and beer and wine as provided in Section 23-3-15."
(B) Section 61-3-220 of the 1976 Code is amended to read:
"Section 61-3-220. The Commission South Carolina Law Enforcement Division may employ such inspectors agents as may be necessary for the proper administration and enforcement of the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. The salaries of said inspectors these agents shall be fixed by the Commission division and shall be payable as an expense of the administration enforcement of this chapter, Chapter 7, and Article 3 of Chapter 13. The Governor shall commission as state constables such inspectors or agents as are certified to him by the Commission in order that they shall have adequate authority as peace officers to enforce the provisions of this chapter, Chapter 7, and Article 3 of Chapter 13 and Chapter 33 of Title 12. Each inspector shall, before entering upon the discharge of his duties, take and subscribe the oath of office as required by Article III, Section 26, of the Constitution of South Carolina, and also any additional oath required by law and shall give bond payable to the State, in form approved by the Attorney General, in the penal sum of five thousand dollars with some surety or guaranty company duly authorized to do business in South Carolina and approved by the Commission, as surety, conditioned upon the faithful discharge of his duties. The premiums on such bonds shall be paid as an expense of the administration of this chapter, Chapter 7 and Article 3 of Chapter 13 and the bonds shall be filed with and preserved by the Secretary of State."
(C) Section 61-5-100 of the 1976 Code is amended to read:
"Section 61-5-100. All alcoholic liquors found in the possession, custody or within the control of any person, corporation, or organization, which are handled, stored, kept, possessed, transported, used, or distributed in violation of any of the provisions of Chapter 3, Chapter 7, and Article 3 of Chapter 13, or in violation of any of the provisions of this article, or with the design of avoiding payment of any license taxes provided in Chapter 33 of Title 12, are hereby declared to be contraband and may be seized and confiscated without a warrant by the Commission South Carolina Law Enforcement Division, its respective agents, or any peace officer, and shall be disposed of in accordance with Section 61-13-570."
(D) Section 61-5-140 of the 1976 Code is amended to read:
"Section 61-5-140. The Alcoholic Beverage Control Commission South Carolina Law Enforcement Division shall employ such additional enforcement personnel as required to adequately enforce the provisions of this article."
(E) Section 61-9-1050 of the 1976 Code is amended to read:
"Section 61-9-1050. The Alcoholic Beverage Control Commission South Carolina Law Enforcement Division is empowered to investigate any violations of this article and to furnish to the prosecuting attorney of any a court having jurisdiction of the offense information with respect to any violations of this article. The Alcoholic Beverage Control Commission South Carolina Law Enforcement Division shall have the power to enforce compliance with the provisions of any injunction granted by the court under the terms of this article, and, if the court finds that there has been a violation of the provisions of any injunction granted by it, the Alcoholic Beverage Control Commission may revoke or suspend the permit of any beer wholesaler and the South Carolina Alcoholic Beverage Control Commission may revoke the registration of any registered producer and its right to ship beer into the State of South Carolina."
(F) Section 61-13-410 of the 1976 Code is amended to read:
"Section 61-13-410. Any person who, upon demand of any officer or agent of the Alcoholic Beverage Control Commission South Carolina Law Enforcement Division while enforcing the provisions of this chapter, refuses to allow full inspection of the premises or any part of it which is licensed to sell alcoholic liquors or beer or wine, or refuses to allow full inspection of the stocks and invoices of the licensee or who hinders or in any way hinders or prevents the inspection is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred dollars or imprisoned for a period not exceeding sixty days, or both."
(G) Section 61-13-810 of the 1976 Code is amended to read:
"Section 61-13-810. It shall be is unlawful for any a person, with or without a beer or wine permit, to sell or to offer for sale any beverage, generally used as and for a soft drink rather than as a medicine or for cooking purposes, having any an alcoholic content, when such the beverage resembles in color and general appearances a vegetable drink, a fruit drink, or a soft drink. Violation of this section shall be is a misdemeanor and shall be is punishable in the discretion of the court. In addition, such drinks are hereby declared contraband and shall must be seized by any duly authorized agent of the South Carolina Alcoholic Beverage Control Commission Law Enforcement Division, or by any peace officer, and shall must be disposed of in like a manner as is provided by law for the disposition of illegal alcoholic liquors."
(H) Section 61-13-836 of the 1976 Code is amended to read:
"Section 61-13-836. When any person is charged by an agent of the South Carolina Alcoholic Beverage Control Commission South Carolina Law Enforcement Division with a criminal offense punishable by a fine of not more than two hundred dollars or imprisonment for not more than thirty days, the person charged, upon being served with the official summons issued by the agent, shall appear before the proper judicial officer at the time and place stated in the summons. The service of the summons shall vest the court with jurisdiction to hear and dispose of the charge for which the summons was issued."
SECTION 7. (A) On the effective date of this act, the employees, current appropriations, and personal property of the State Highway Patrol and other law enforcement personnel of the Department of Highways and Public Transportation, the Law Enforcement Department of the Public Service Commission, and the law enforcement components of the Alcoholic Beverage Control Commission made a part of the South Carolina Law Enforcement Division by this act are transferred to the South Carolina Law Enforcement Division. All these classified or unclassified personnel employed by these agencies on the effective date of this act, either by contract or by employment at will, shall become employees of the South Carolina Law Enforcement Division, with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall prescribe the manner in which the transfer provided for in this act shall be accomplished.
(B)(1) Wherever the terms "officer", "agent", "investigator", "trooper", "inspector", or any similar variation appears in Titles 23, 56, 57, 58, or 61 of the 1976 Code or in any other provision of law as it relates to the law enforcement functions transferred to the South Carolina Law Enforcement Division by the provisions of this act, these terms must be construed to mean the appropriate personnel of the South Carolina Law Enforcement Division.
(2) The term "enforcement" or any similar variation as used in Titles 23, 56, 57, 58, or 61 of the 1976 Code or in any other provision of law as it relates to the Department of Highways and Public Transportation, the Public Service Commission, or the Alcoholic Beverage Control Commission, respectively, must be construed to mean administrative enforcement functions of the applicable provisions of law. The term "enforcement" or any similar variation as used in Titles 23, 56, 57, 58, or 61 of the 1976 Code as it relates to law enforcement functions must be construed to mean law enforcement by the South Carolina Law Enforcement Division and its duly authorized personnel.
(C) Law enforcement personnel of these agencies transferred to the South Carolina Law Enforcement Division by the provisions of this act must continue to meet those qualifications and criteria as formerly applied to them at these agencies, unless such qualifications or criteria have been amended by this act, but are not automatically considered to have been appointed SLED agents under Article 1, Chapter 3 of Title 23 of the 1976 Code unless further action is taken to accomplish same by the Governor and the chief.
(D) The law enforcement personnel of the State Highway Patrol, the Public Service Commission, and the Alcoholic Beverage Control Commission transferred to the South Carolina Law Enforcement Division pursuant to the terms of this act shall continue to occupy the same offices and facilities which they now occupy unless or until otherwise changed by the chief of the division. The cost of these offices and facilities, if any, shall continue to be paid by the agency or department formerly employing these law enforcement personnel until otherwise provided by the General Assembly or the Budget and Control Board. The records and files of the agencies which formerly employed these personnel shall continue to remain the property of these agencies, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the South Carolina Law Enforcement Division.
(E) All fines, fees, forfeitures, or revenues imposed or secured by these law enforcement personnel so transferred to the South Carolina Law Enforcement Division must continue to be used and expended for those purposes now provided by law. If a portion of these fines, fees, forfeitures, or revenues were required to be used for the support, benefit, or expense of these law enforcement personnel so transferred, such funds must continue to be used for these purposes.
(F) The Budget and Control Board, in consultation with the Chief of the South Carolina Law Enforcement Division and the other affected agencies, shall prescribe the manner in which the provisions of this act must be implemented where agreement between the chief and the affected agency cannot be obtained.
SECTION 8. This act takes effect six months after approval by the Governor.