Current Status Introducing Body:House Bill Number:3430 Primary Sponsor:Harrelson Committee Number:25 Type of Legislation:GB Subject:Law Enforcement Commission Act of 1993 Residing Body:House Current Committee:Judiciary Computer Document Number:EGM/18101DW.93 Introduced Date:19930209 Last History Body:House Last History Date:19930209 Last History Type:Introduced read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Harrelson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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3430 House 19930209 Introduced, read first time, 25
referred to Committee
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TO ENACT THE SOUTH CAROLINA LAW ENFORCEMENT COMMISSION ACT OF 1993 BY ADDING CHAPTER 49
TO TITLE 23 OF THE 1976 CODE, SO AS TO CREATE THE SOUTH CAROLINA LAW ENFORCEMENT COMMISSION, PROVIDE FOR ITS MEMBERSHIP, DUTIES AND POWERS AND RESPONSIBILITIES; BY AMENDING SECTION 23-3-10, AND ARTICLES 3 AND 5, CHAPTER 3 OF TITLE 23, 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; 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, AND SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT COMMISSION 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, THE WILDLIFE AND MARINE RESOURCES COMMISSION, SOUTH CAROLINA LAW ENFORCEMENT COMMISSION, AND THE LAW ENFORCEMENT DEPARTMENT OF THE PUBLIC SERVICE COMMISSION; TO FURTHER PROVIDE FOR THE MANNER IN WHICH THE COMMISSION 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, TO PROVIDE FOR CERTAIN TRANSITIONAL PROVISIONS INCLUDING THE TRANSFER OF PERSONNEL, APPROPRIATIONS, AND PROPERTY; TO ABOLISH THE SOUTH CAROLINA ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS REGULATORY POWERS, DUTIES, AND RESPONSIBILITIES TO THE SOUTH CAROLINA TAX COMMISSION AND ITS REGULATION AND LAW ENFORCEMENT AND INSPECTION RESPONSIBILITIES TO THE SOUTH CAROLINA LAW ENFORCEMENT COMMISSION; TO AMEND SECTIONS 61-1-10 AND 61-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, SO AS TO ABOLISH THE COMMISSION AND PROVIDE FOR THE APPOINTMENT OF AN ALCOHOLIC BEVERAGE CONTROL HEARING OFFICER WITHIN THE TAX COMMISSION TO BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE, TO PROVIDE FOR THE TERM, DUTIES, POWERS, AND QUALIFICATIONS OF THE OFFICER; TO AMEND SECTIONS 61-1-60, 61-1-65, 61-1-70, 61-1-80, 61-1-90, 61-1-95, AND SECTION 61-3-20, RELATING TO THE ENFORCEMENT OF REGULATIONS GOVERNING ALCOHOLIC BEVERAGES AND BEER AND WINE, PROHIBITIONS AS TO CERTAIN ACTIVITIES OR INTERESTS BY MEMBERS OR EMPLOYEES OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION; AUTHORIZATION TO THE COMMISSION TO ISSUE REGULATIONS, AUTHORITY OF THE COMMISSION TO IMPOSE PENALTIES, APPEALS FROM DECISIONS OF THE COMMISSION, CONDITION UNDER WHICH LICENSE ISSUED BY THE COMMISSION MUST BE SURRENDERED, TRANSFERABILITY, SUSPENSION, OR REVOCATION OF THESE LICENSES AND DEFINITIONS USED IN CHAPTER 3 OF TITLE 61 (THE ALCOHOLIC BEVERAGE CONTROL ACT), SO AS TO DELETE REFERENCES TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION AND TRANSFER ITS DUTIES, POWERS, AND RESPONSIBILITIES TO THE TAX COMMISSION AND THE SOUTH CAROLINA LAW ENFORCEMENT COMMISSION; PROVIDE THAT THE REGULATIONS PROMULGATED BY THE ALCOHOLIC BEVERAGE CONTROL COMMISSION REMAIN IN FORCE UNTIL MODIFIED OR RESCINDED BY THE TAX COMMISSION; AND TO REPEAL SECTIONS 23-3-20 THROUGH 23-3-60, 50-3-110, 50-3-120, 61-1-30, 61-1-40, AND 61-1-50 RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SUPERVISION OF THE WARDEN FORCE BY THE SOUTH CAROLINA WILDLIFE AND MARINE RESOURCES COMMISSION, DESIGNATION OF CONSERVATION OFFICERS, PROHIBITED ACTIVITIES OF THE MEMBERS OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, TRANSFER OF POWERS AND DUTIES FROM THE TAX COMMISSION TO THE ALCOHOLIC BEVERAGE CONTROL COMMISSION, AND THE AUTHORITY OF THE ALCOHOLIC BEVERAGE CONTROL COMMISSION TO APPOINT AN ATTORNEY.
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 Commission Act of 1993."
SECTION 2. Title 23 of the 1976 Code is amended by adding:
Section 23-49-10. (A) There is created the South Carolina Law Enforcement Commission. The commission is composed of four members as follows: one appointed by the Governor, one appointed by the House of Representatives, and one appointed by the Senate. The Attorney General is an ex officio nonvoting member of the commission.
(B) The commission shall appoint a director who shall serve for a term of ten years. He may be removed for cause or for crimes involving moral turpitude.
(C) The commission shall create as many divisions as it considers necessary and proper in the exercise of its duties and responsibilities, including, but not limited to, the following: traffic enforcement; alcoholic and drug abuse; natural resources; investigations and enforcement; and internal affairs. The director, in employing its officers, must use the criteria as required by the Division of Human Resource Management which shall include, but is not limited to, a written examination, physical examination, and interview. Each applicant is required to perform at minimal levels as required by the commission. The director may appoint personnel he considers necessary and as provided for in the annual appropriations act. All employees are subject to discharge by the director for cause which is subject to review as is now provided by law for other state employees.
Section 23-49-20. The South Carolina Law Enforcement Commission 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, the law enforcement department of the Public Service Commission, the State Law Enforcement Division, and the conservation officers of the Department of Wildlife and Marine Resources. These civil and criminal laws also include regulations and ordinances pertinent to them. The duties, functions, and powers of these law enforcement personnel are devolved upon the commission, 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 commission and shall become a part of the commission in the manner provided by law.
Section 23-49-30. (A) Every officer, agent, conservation officer, and trooper commissioned pursuant to this chapter shall file a bond, or be covered by a surety bond, of not less than two thousand dollars with the South Carolina Law Enforcement Commission, 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 commission.
(B) All officers, agents, conservation officers, and troopers of the commission shall take and subscribe to the oath provided by law for peace officers.
Section 23-49-40. The Director of the South Carolina Law Enforcement Commission may assign personnel of the commission to particular areas of enforcement as appropriate for the enforcement of the laws and regulations of this State which the South Carolina Law Enforcement Commission is charged with enforcing. The State Highway Patrol shall become the traffic enforcement division on the effective date of this section.
Section 23-49-50. All security personnel employed by the State, other than at correctional institutions, must be under the direct supervision of the South Carolina Law Enforcement Commission.
Section 23-49-60. All sheriff's and police departments in South Carolina shall make available to the South Carolina Law Enforcement Commission for the purpose of recordation and classification all fingerprints taken in criminal investigations resulting in convictions. The South Carolina Law Enforcement Commission shall pay for the costs of the program and prepare the necessary regulations and instructions for the implementation of this section.
Section 23-49-70. The South Carolina Law Enforcement Commission 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, multistage, and federal criminal history records with the South Carolina Board of Law Examiners for licensing purposes.
Section 23-49-80. All revenue from fees and licenses received by the State Law Enforcement Commission related to enforcement and regulation of private detective and security companies (Section 40-17-160), gun dealers (Section 16-23-10), gun permits (Sections 23-31-110 and 17-5-110), and massage parlors (Section 40-29-160) must be remitted to the State Treasurer as collected and credited to the general fund of the State.
Section 23-49-90. In order to carry out the provisions of this chapter in an orderly and economical manner, it is intended that all serviceable uniforms be continued in use until such time as the director considers it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles."
SECTION 3.(A) Section 23-3-10 of the 1976 Code is amended to read:
"Section 23-3-10. There is hereby created the The South Carolina Law-Enforcement Division (SLED) is a division of the South Carolina Law Enforcement Commission. The Division shall must be headed by a chief person who shall be appointed by the Governor Director of the S. C. Law Enforcement Commission by and with the advice and consent of the Senate and shall hold office until his successor shall have been appointed and qualified. The term of the chief shall be coterminous with that of the appointing Governor. The Governor Director of the S. C. Law Enforcement Commission may, at his discretion, appoint such other agents as he may deem consider necessary to assist in the detection of crime and the enforcement of criminal laws of this State. The agents shall have such rank or title as may be provided under the State Employees Classification System. The chief director may appoint such other personnel as is deemed considered necessary and as is provided for in the annual appropriations act. All agents appointed by the Governor Director shall be are subject to discharge for cause which shall be is subject to review as is now provided by law for other State employees.
(B) Article 3, Chapter 3, Title 23 is amended to read:
Section 23-3-110. There is hereby established as a department within the State Law-Enforcement Division South Carolina Law Enforcement Commission a statewide criminal information and communication system, hereinafter referred to in this article as `the system,' with such functions as the Division Commission may assign to it and with such authority, in addition to existing authority vested in the Division Commission, as is prescribed in this article.
Section 23-3-120. All law-enforcement agencies and court officials shall report to the system all criminal data within their respective jurisdictions and such information related thereto at such times and in such form as the system through the State Law-Enforcement Division South Carolina Law Enforcement Commission may require.
Section 23-3-130. The State Law-Enforcement Division South Carolina Law Enforcement Commission is authorized to determine the specific information to be supplied by the law-enforcement agencies and court officials pursuant to Section 23-3-120, and the methods by which such information shall must be compiled, evaluated, and disseminated. The State Law Enforcement Division South Carolina Law Enforcement Commission is further authorized to promulgate rules and regulations to carry out the provisions of this article.
The South Carolina Law-Enforcement Law Enforcement Commission Division shall disseminate criminal history conviction records upon request to local school districts for prospective teachers and to the State Department of Social Services for personnel of child day care facilities. This service must be provided to the local school districts without charge.
Section 23-3-140. The provisions of this article shall may not be construed to require or permit the disclosure or reporting of any information in the manner prohibited by existing law.
Section 23-3-150. The State Law-Enforcement Division South Carolina Law Enforcement Commission is authorized to accept, on behalf of the State, and use in the establishment, expansion, and improvement of the system, funds in the nature of grants or appropriations from the State, the United States, or any agency thereof of them, and may contract with any public agency for use of the system in the furtherance of effective law enforcement.
Section 23-3-160. In any accident involving injury or death of a person under the age of twenty-one, where there is cause to believe that any beverage containing alcohol was consumed prior to the accident by the person under twenty-one, the law enforcement agency having jurisdiction to investigate the accident shall commence a detailed investigation to determine the circumstances under which the beverage was obtained.
Upon initiation of this investigation by the local investigating law enforcement agency, the South Carolina Law Enforcement Division Commission and the Alcoholic Beverage Control Commission shall assist in whatever capacity necessary to fully complete the inquiry and shall cooperate and assist in the prosecution of appropriate criminal charges against any person who provided a beverage containing alcohol to the person under twenty-one.
Section 23-3-170. In any motor vehicle accident involving injury or death of a person where there is cause to believe that an illegal drug or controlled substance was used prior to the accident by any person involved therein, the law enforcement agency having jurisdiction to investigate the accident shall commence a detailed investigation to determine the circumstances under which the illegal drug or controlled substance was obtained.
Upon initiation of this investigation by the local investigating law enforcement agency, the South Carolina Law Enforcement Division Commission shall assist in whatever capacity necessary to fully complete the inquiry and shall cooperate and assist in the prosecution of appropriate criminal charges against any person who provided the illegal drug or controlled substance to that person."
(C) Article 5, Chapter 3, Title 23 is amended to read:
Section 23-3-200. There is created a Missing Person Information Center, hereinafter referred to as MPIC, to be located in Columbia as a part of the State South Carolina Law Enforcement Division Commission. The purpose of the MPIC is to serve as a central repository for information regarding missing persons and missing and exploited children, with special emphasis on missing children. The MPIC shall utilize the Federal Bureau of Investigation/National Crime Information Center's missing person computerized file through the use of the State South Carolina Law Enforcement Division's Commission's law enforcement communications network. This center is hereinafter referred to as FBI/NCIC. Section 23-3-210. For the purposes of this article:
(a) `Missing child' means any individual who is under the age of eighteen years whose temporary or permanent residence is in South Carolina, or is believed to be in South Carolina, whose location has not been determined, and who has been reported as missing to a law enforcement agency.
(b) `Missing person' means any individual who is eighteen years of age or older, whose temporary or permanent residence is in South Carolina, or is believed to be in South Carolina, whose location has not been determined, and who has been reported as missing to a law enforcement agency.
(c) `Missing person report' is a report prepared on a prescribed form for transmitting information about a missing person or a missing child to a law enforcement agency.
(d) `Exploited children' are children under the age of eighteen who are placed in positions where they were taken advantage of sexually because of their inability to cognitively assess or resist the contact or who were placed into these positions because of their dependency upon the offender.
Section 23-3-220. The MPIC is under the direction of the Chief Director of the State South Carolina Law Enforcement Division Commission and may be organized and structured in a manner as the Chief Director deems considers appropriate to ensure that the objectives of the MPIC are achieved. The Chief Director may employ those MPIC personnel as the General Assembly may authorize and provide funding for.
Section 23-3-230. The MPIC shall promulgate regulations prescribing:
(a) procedures for accepting and disseminating information maintained at the MPIC;
(b) the confidentiality of the data and information, including the missing person report, maintained by the MPIC;
(c) the proper disposition of all obsolete data, including the missing person report; provided, data for an individual who has reached the age of eighteen and remains missing must be preserved;
(d) procedures allowing a communication link with the State South Carolina Law Enforcement Division Commission and the FBI/ NCIC's missing person file to ensure compliance with FBI/NCIC policies;
(e) forms, including, but not limited to, a missing person report, considered necessary for the efficient and proper operation of the MPIC.
Section 23-3-240. Any parent, spouse, guardian, legal custodian, or public or private agency or entity may submit a missing person report to the MPIC on any missing child or missing person, regardless of the circumstances, after having first submitted a missing person report on the individual to the law enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing, regardless of the circumstances.
Section 23-3-250. A law enforcement agency, upon receipt of a missing person report by a parent, spouse, guardian, legal custodian, or public or private agency or entity, shall immediately make arrangements for the entry of data about the missing person or missing child into the national missing persons file in accordance with criteria set forth by the FBI/NCIC, immediately inform all of its on-duty law enforcement officers of the missing person report, initiate a statewide broadcast to all other law enforcement agencies to be on the lookout for the individual, and transmit a copy of the report to the MPIC.
Section 23-3-260. The MPIC shall:
(a) Assist local law enforcement agencies with entering data about missing persons or missing children into the national missing persons file, ensure that proper entry criteria have been met as set forth by the FBI/NCIC, and confirm entry of the data about the missing persons or missing children.
(b) Utilize both the intrastate communication network and the FBI/NCIC system in locating missing persons or missing children.
(c) Collect, process, maintain, and disseminate information on missing and exploited children or missing persons.
(d) Provide for a centralized distribution center for emergency flyers on missing persons or missing children.
(e) Formulate and distribute, both intrastate and interstate, a monthly bulletin of missing persons and missing children from South Carolina to law enforcement agencies.
(f) Develop, maintain, and disseminate a directory of resources available for assistance to local, state, and federal agencies and entities, public and private organizations, and others in locating a missing person or missing child.
(g) Provide news media, including, but not limited to, television and radio stations and newspapers, with pertinent information on missing persons and missing children on a regularly scheduled basis.
(h) Develop and disseminate recommended procedures and forms for the collection of identifying information, including, but not limited to, bloodtyping, fingerprinting, and dental charting, which are compatible with criteria established by the FBI/NCIC.
(i) Maintain all available information on any missing person or missing child, including, but not limited to, the missing person report, fingerprints, blood types, dental information, and photographs. The identifying information maintained at the MPIC must be kept confidential, except as may be otherwise provided in this article.
(j) Conduct statewide training sessions and seminars relative to missing and exploited children and missing persons, including, but not limited to, methods to enhance the locating of missing children and missing persons and training regarding the operation of the MPIC.
(k) In the case of locating an individual who had previously been reported as being a missing person or missing child, provide referrals for counseling or other assistance or aid to the individual or the individual's family, if the individual or his family desires counseling or other assistance or aid.
(l) Provide a program of support and technical assistance for community-based efforts, especially in the case of children, to prevent disappearances and to ensure self-protection.
Section 23-3-270. Any parent, spouse, guardian, legal custodian, or public or private agency or entity who submits a missing person report to a law enforcement agency or to the MPIC, after having first submitted the missing person report to the appropriate law enforcement agency, shall immediately notify the law enforcement agency and the MPIC of any individual whose location has been determined. The MPIC shall instigate and confirm the deletion of the individual's records from the FBI/NCIC's missing person file, as long as there are no grounds for criminal prosecution, and follow up with the local law enforcement agency having jurisdiction of the records.
Section 23-3-280. The following may make inquiries of, and receive data or information from, the MPIC:
(a) Any police, law enforcement, or criminal justice agency investigating a report of a missing or unidentified person or child, whether living or deceased.
(b) A court, upon a finding by the court that access to the data, information, or records of the MPIC may be necessary for the determination of an issue before the court.
(c) Any solicitor of a judicial circuit in this State or the solicitor's designee or representative.
(d) Any person engaged in bona fide research when approved by the Chief Director; provided, no names or addresses may be supplied to this person.
Section 23-3-290. The MPIC may not charge any fee for inquiries made to it pursuant to this article.
Section 23-3-300. The MPIC shall provide a toll-free telephone line for anyone to report the disappearance of any individual or the sighting of any missing child or missing person. MPIC personnel shall instruct the caller, in the case of a report concerning the disappearance of an individual, of the requirements contained in Section 23-3-240 of first having to submit a missing person report on the individual to the law enforcement agency having jurisdiction of the area in which the individual became or is believed to have become missing. Any law enforcement agency may retrieve information imparted to the MPIC by means of this phone line. The MPIC must directly communicate any report of a sighting of a missing person or a missing child to the law enforcement agency having jurisdiction in the area of disappearance or sighting.
Section 23-3-310. Any person who knowingly and wilfully releases, or authorizes the release of, any data, information, or records maintained or possessed by the MPIC to any agency, entity, or person other than as specifically permitted by this article or in violation of any regulation promulgated by the MPIC is guilty of a misdemeanor and, upon conviction, must be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment of not less than thirty days nor more than ninety days, or both."
SECTION 4.(A) 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 Commission, 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 Commission considers necessarily proper for the enforcement of the traffic and other related laws, the enforcement of which is devolved upon the Department commission. 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.(Reserved)
Section 23-5-30 23-5-20. The Department South Carolina Law Enforcement Commission may provide such the officers and patrolmen troopers with distinctive uniforms or insignia, as it considers appropriate, 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 of the South Carolina Law Enforcement Division Commission 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, 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. 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 of the South Carolina Law Enforcement Commission 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 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 of the law enforcement division South Carolina Law Enforcement Commission 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."
(B) 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."
(C) 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."
(D) 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."
(E) 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 Commission 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 Commission 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 Commission. 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. (Reserved)
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.(Reserved)
Section 58-3-340. The inspectors shall possess and exercise all of the powers and authority held by constables at common law.(Reserved)
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.(Reserved)
Section 58-3-360. 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. 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 Commission 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 Commission 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 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 Commission, 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 Commission 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 Commission 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 Commission 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 Tax Commission may revoke or suspend the permit of any beer wholesaler and the South Carolina Alcoholic Beverage Control Tax 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 Commission 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 Commission, 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 Commission 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."
(I) As of July 1, 1993:
(1) The South Carolina Alcoholic Beverage Control Commission ceases to exist as a separate agency or department of state government.
(2) All of the powers, duties, functions, rights, and privileges of the South Carolina Alcoholic Beverage Control Commission concerning licensing and assessment of penalties for administrative violation of the law or regulations are transferred to the South Carolina Tax Commission.
(3) All of the powers, duties, functions, rights, and privileges of the South Carolina Alcoholic Beverage Control Commission concerning law enforcement, regulation enforcement, and inspections are transferred to the South Carolina Law Enforcement Commission created under the provisions of the Act.
(4) All records, files, office equipment, and other property of the South Carolina Alcoholic Beverage Control Commission devoted to the exercising of all powers and duties are apportioned between the South Carolina Tax Commission and the South Carolina Law Enforcement Commission as determined by the Budget and Control Board.
(5) All personnel engaged in the exercise of those powers, duties, functions, rights, and privileges of the South Carolina Alcoholic Beverage Control Commission have priority for those positions necessary to perform those responsibilities that are transferred to the South Carolina Law Enforcement Commission and the South Carolina Tax Commission. The positions available and salary paid for these positions must be determined by the State Budget and Control Board and must be necessary for the proper functioning of those responsibilities at the South Carolina Law Enforcement Commission and the South Carolina Tax Commission.
(6) All fines, fees, forfeitures, or revenues imposed or secured by the Divisions of the South Carolina Alcoholic Beverage Control Commission shall be transferred to the South Carolina Tax Commission or State Law Enforcement Division, depending on the nature of the fees and as dictated by the State Budget and Control Board and 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 support, benefit, or expense of the licensing and law enforcement personnel, these funds must continue to be used for these purposes.
(7) The State Budget and Control Board, in consultation with the Chief of the South Carolina Law Enforcement Division and Chairman of the South Carolina Tax Commission shall prescribe the manner in which the provision of this act must be implemented.
(8) A South Carolina Alcoholic Beverage Control Hearing Officer is established within the South Carolina Tax Commission to perform those adjudicatory functions previously under the purview of the South Carolina Alcoholic Beverage Control Commission.
(9) The terms of the members of the South Carolina Alcoholic Beverage Control Commission are terminated upon the effective date of this act.
(J) Section 61-1-10 of the 1976 Code is amended to read:
"Section 61-1-10. There is hereby created the South Carolina Alcoholic Beverage Control Commission, which shall consist of three members, to be appointed by the Governor for terms of six years in the same manner and under the same terms and conditions as the members of the South Carolina Tax Commission are appointed. Of the members first appointed, at least two shall be present members of the Tax Commission, whose terms may be extended so that of the initial members one shall serve for two years, one shall serve for four years and one shall serve for six years.
(A) The Governor shall appoint an Alcoholic Beverage Control Hearing Officer within the Tax Commission upon the advice and consent of the Senate for a term of six years. No person may serve more than two full six-year terms. The hearing officer must be paid by and located within the South Carolina Tax Commission which shall provide personnel and property from existing South Carolina Alcoholic Beverage Control Commission assets necessary to perform the duties as the hearing officer. The hearing officer shall serve at the pleasure of the Governor. The hearing officer must be an attorney admitted to the profession for at least five years and shall receive a salary of ninety percent of a circuit court judge. Vacancies must be filled in the same manner as the original appointment.
(B) The Alcoholic Beverage Control Hearing Officer may designate, if work requires, a temporary hearing officer, to hear those matters considered appropriate by the hearing officer. This temporary hearing officer must be retained for those limited purposes designated by the hearing officer at a per hourly rate approved by the Attorney General. The appointment of a temporary hearing officer also must be approved by the Chairman of the Tax Commission. This hearing officer may not be employed by the Tax Commission or by the agency bringing the enforcement action or have any connection with the preparation or presentation of evidence for the hearing for which he acts as a temporary hearing officer."
(K) Section 61-1-20 of the 1976 Code is amended to read:
"Section 61-1-20. The Governor shall designate one of the commissioners as chairman. In addition to other qualifications required of the chairman by this chapter, the Governor, in selecting the chairman, shall give consideration to prior service by a candidate for chairman as either a member of the Tax Commission or an employee of the Tax Commission, or the Governor may appoint anyone skilled in tax laws and administration. Duties of an Alcoholic Beverage Control Hearing Officer include:
(1) the imposition of a monetary penalty as an alternate to revocation or suspension in all cases where the hearing officer has the authority to suspend or revoke a license or permit. The hearing officer may also suspend payment of the monetary penalty imposed;
(2) conduct hearings on protested applications;
(3) conduct hearings on contested violations;
(4) issue subpoenas requiring the attendance of witnesses and the production of records, memoranda, papers, and other documents for consideration at hearings or before any law enforcement officer;
(5) administer oaths;
(6) authorize another person to hold and conduct hearings, issue subpoenas, and administer oaths and take testimony."
(L) 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 Law Enforcement Commission, Beverage Control, 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 are set by the Commission."
(M) Section 61-1-65 of the 1976 Code is amended to read:
"Section 61-1-65. No member or employee of the South Carolina Alcoholic Beverage Control Commission South Carolina Law Enforcement Commission, or licensing or adjudicatory positions within the South Carolina Tax Commission directly or indirectly, (a) individually, (b) as a member of a partnership or of an association, (c) as a member or stockholder of a corporation, or (d) as a relative to any person by blood or marriage within the second degree shall:
(1) have any interest in the manufacture of or dealing in alcoholic liquors or in any enterprise or industry in which alcoholic liquors are required;
(2) receive any commission or profit on the purchase or sale of alcoholic liquors by any person;
(3) have any interest in or mortgage or deed of trust on any land or building where alcoholic liquors are manufactured for sale, offered for sale, or sold or in any personal property used therein."
(N) Section 61-1-70 of the 1976 Code is amended to read:
"Section 61-1-70. The South Carolina Alcoholic Beverage Control Commission Tax Commission is authorized to issue such rules and regulations as may be necessary to carry out the duties imposed upon the Commission it by law which, when duly promulgated, shall have the full force of law."
(O) Section 61-1-80 of the 1976 Code is amended to read:
"Section 61-1-80. The Alcoholic Beverage Control Commission Hearing Officer may impose a monetary penalty as an alternate to revocation or suspension in all cases where the Commission the hearing officer has the authority to suspend or revoke a license or permit. The Commission hearing officer in its discretion may also may suspend payment of the monetary penalty imposed."
(P) Section 61-1-90 of the 1976 Code is amended to read:
"Section 61-1-90. Any decision of the Alcoholic Beverage Control Commission Hearing Officer revoking or suspending any a license or permit or imposing a monetary penalty in lieu thereof instead of revoking or suspending a license or permit may be appealed to the Court of Common Pleas for the county of the appellant's residence or for Richland County South Carolina Tax Commission. Any monetary penalty imposed may be paid under protest. No appeal shall act acts as a supersedeas. Notice of such appeal shall must be served on the Commission Tax Commission within ten days after receipt of notification of such a decision. The Commission Alcoholic Beverage Control Hearing Officer shall certify the written record to the court Tax Commission within thirty days after receiving the notice of appeal, and the factual issues shall must be determined on the record as on certiorari. Appeals from a decision of the Tax Commission must go to the Court of Common Pleas for the county of the appellant's residence or for Richland County."
(Q) Section 61-1-95 of the 1976 Code is amended to read:
"Section 61-1-95. A person shall promptly surrender a license or permit issued under the provisions of this title upon request of the commission Tax Commission. All licenses and permits are the property of the commission Tax Commission and are not transferable. All licenses and permits must be immediately surrendered to the commission Tax Commission upon the termination of a business, or upon a change of ownership, possession, or control of a corporation or business entity, or upon a change in the character of the property, facilities, or nature of the business activity for which a license or permit has been obtained. The transfer of twenty-five percent or more of corporate stock is considered a change in ownership.
All licenses and permits must be issued for a designated location and may not be transferred to any other location. A separate license or permit is required for each separate location of a business.
When a license or permit is suspended or revoked, no partner or person with a financial interest of any kind in the business or premises, nor a person within the third degree of kinship to the person to whom a license or permit has been issued, may be issued a license or permit for the premises concerned.
A person whose license or permit has been suspended or revoked for a particular premises is not eligible for a license or permit at any other location during the period the suspension or revocation is in effect, and the commission Alcoholic Beverage Control Hearing Officer, on behalf of the Tax Commission, may suspend or revoke all other licenses or permits held by the person if the suspended or revoked premises is within close proximity."
(R) Section 61-3-20(5) of the 1976 Code is amended to read:
"(5) The word `Commission' shall mean means the South Carolina Alcoholic Beverage Control Tax Commission."
(S) All regulations promulgated by the Alcoholic Beverage Control Commission as of the effective date of this act remain in force until they are modified or rescinded by the Tax Commission.
SECTION 7 (A) Sections 50-3-130 through 50-3-160 are amended to read:
"Section 50-3-130. The Executive Director (director) of the Wildlife and Marine Resources Commission, with the approval of the Wildlife and Marine Resources Commission, Director of the South Carolina Law Enforcement Commission shall prescribe a unique and distinctive official uniform, with appropriate insignia to be worn by all uniformed conservation officers of the Law Enforcement and Boating Division of the Wildlife and Marine Resources Department when on duty and at such other times as the director shall order, and a distinctive color or colors and appropriate emblems for all motor vehicles used by such officers. No other law enforcement agency, private security agency, or any person shall wear a similar uniform and insignia which may be confused with the uniform and insignia of the conservation officers nor shall any emblem be used on a motor vehicle nor shall it be painted in a color or in any manner which would cause the vehicle to be similar to a uniformed conservation officer's vehicle or readily confused therewith.
Section 50-3-140. The Director of the South Carolina Law Enforcement Commission shall file with the Secretary of State and Legislative Council for publication in the State Register a description and illustration of the uniform and emblems of the official conservation officers' uniforms and motor vehicles and a description of the color of such uniforms and vehicles.
Section 50-3-150. In order to carry out the provisions of SS 50-3-120 to 50-3-160 this chapter in an orderly and economical manner it is intended that all serviceable uniforms be continued in use until such time as the director deems it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles.
Section 50-3-160. Any violation of Sections 50-3-130 to 50-3-160 may be enjoined by the court of common pleas upon petition of the Director of the South Carolina Law Enforcement and boating division Commission after due notice to the person violating the provisions of Sections 50-3-130 to 50-3-160. and after a hearing on the petition."
(B) Article 3, Chapter 3, Title 50 is amended to read:
Section 50-3-310. The South Carolina Wildlife and Marine Resources Law Enforcement Commission shall appoint conservation officers. The Commission shall issue a commission to each person appointed as a conservation officer. A conservation officer may be removed by the commission upon proof satisfactory to it that he is not fit for the position.
Section 50-3-315. (A) The South Carolina Wildlife and Marine Resources Law Enforcement Commission may appoint deputy wildlife conservation officers to serve without pay and shall establish their territorial jurisdiction. The officers, when acting in their official capacity, may enforce all fish and game, trespass, and litter laws within their territorial jurisdiction. The powers and duties of the officers must be established by regulations of the commission. An officer may be removed by the commission upon proof satisfactory to it that he violated a regulation established by the commission or that he is not fit for the position. The Secretary of State shall transmit to the Director of the Division of Law Enforcement Natural Resources Division of the South Carolina Law Enforcement Commission the commissions of all officers. The commission shall transmit each commission to the office of the clerk of court for the county in which the officer resides only after he files the oaths and bonds required by Section 50-3-330.
(B) Deputy wildlife conservation officers commissioned by the commission are volunteers covered by Chapter 25 of Title 8 and not employees entitled to coverage or benefits in Title 42.
(C) Every two years the department shall conduct a criminal records check on each deputy wildlife conservation officer.
Section 50-3-316. The South Carolina Wildlife and Marine Resources Law Enforcement Commission shall, in employing conservation officers, use the criteria as required by the Division of Human Resource Management and the South Carolina Wildlife and Marine Resources Commission, which shall include, but is not limited to, a written examination, physical examination, and interview. Each applicant shall be required to perform at minimal levels as required by the Division of Human Resource Management and the South Carolina Wildlife and Marine Resources Commission. The commission, when employing conservation officers within a particular county, must hire those applicants, if any, who meet the minimum employment qualification requirements as required by the Division of Human Resource Management and the South Carolina Wildlife and Marine Resources Commission and who reside within that particular county before the department may hire other qualified applicants who reside outside that county. If more than one vacancy exists in a county, the resident candidate with the next highest score will be chosen to fill the second vacancy. Additional vacancies would be filled in the same manner. If there are no candidates for that county who meet the minimum requirements, the vacancy will be filled by the top scoring candidate regardless of county of residence.
Section 50-3-320. The Secretary of State shall transmit to the Director of the Division of Game Natural Resources of the South Carolina Law Enforcement Division the commissions of all game wardens and the director shall deliver such these commissions to the game wardens conservation officers only after the wardens they have filed oaths and bonds as required by Section 50-3-330.
Section 50-3-330. Every warden conservation officer appointed to protect the property of the State shall, before entering upon the duties of his office, take and subscribe before a notary public, or other officer authorized to administer an oath, an oath to perform the duties of his office and shall execute a bond with some reliable surety company approved by the director of the Division of Game Natural Resources of the South Carolina Law Enforcement Commission in the sum of one thousand dollars for the faithful discharge of his duties. Such bond and oath shall be transmitted to the office of the director, who shall properly record them and keep them on file in his office. Section 50-3-340. The game wardens conservation officers, when acting in their official capacity, shall have state-wide authority for the enforcement of all fish and game laws.
Section 50-3-350. The game wardens conservation officers, when acting in their official capacity, shall wear a metallic shield with the words `Game Warden Conservation Officer' inscribed thereon on it.
Section 50-3-360. A majority of the legislative delegation, together with the Senator, from any county in Game Zone 2 shall have the privilege in their discretion of authorizing the employment of additional deputy game wardens conservation officers for not more than three months during the hunting season and compensation of such the wardens conservation officers shall must be made from game fund on hand.
Section 50-3-370. All game wardens conservation officers shall obtain information as to all violations of the bird, nonmigratory fish, and game laws, and check all bag limits, size and specie of such birds, nonmigratory fish and game.
Section 50-3-380. A duly commissioned game warden conservation officer, upon making an affidavit before a magistrate or in any court of the State that there exist reasonable grounds to believe that birds, fish or game are in the possession of any person or any common carrier in violation of the law, may procure a search warrant and open and enter and examine all cars, warehouses, and receptacles of common carriers in the State where he has reason to believe any game or fish taken or held in violation of law is and, when any such game or fish are found, may seize them.
Section 50-3-390. The game wardens conservation officers shall see that the bird, nonmigratory fish, and game laws are enforced and prosecute all persons having in their possession any birds, nonmigratory fish, or game contrary to the bird, fish and game laws of this State.
Section 50-3-395. Conservation officers may issue warning tickets to violators in cases of misdemeanor violations under this title. The South Carolina Wildlife and Marine Resources Department Law Enforcement Commission shall by regulation provide for the form, administration, and use of warning tickets authorized by this section.
Section 50-3-396. The official summons used by conservation officers may be used to cite violators of the provisions of Section 16-11-700 relating to littering.
Section 50-3-400. The warden conservation officer qualified under Sections 50-3-320 and 50-3-330 shall possess and exercise all of the power and authorities held and exercised by the constable at common law and under the statutes of this State. He shall also have the authority of inspector as provided for in Chapter 5 of this Title.
Section 50-3-410. When a person is apprehended by a conservation officer upon a charge of violating any provision of this title or littering or trespass prohibition statutes or regulations posted by the Department of Parks, Recreation and Tourism regarding the use of lakes, ponds, and other waters located wholly within state parks, the person charged, upon being served with an official summons, may deposit with the apprehending conservation officer money as bail, not less than the minimum nor more than the maximum fine, not to exceed two hundred dollars, in lieu of a recognizance for his appearance for trial or being incarcerated. A receipt for the sum deposited must be given to the person by the conservation officer. The summons gives the court jurisdiction to dispose of the matter. Upon receipt of the bail money, the conservation officer may release the person to appear before the proper judicial officer at a time stated in the summons. Section 50-3-420. Neither any officer of the Lake Wylie Marine Commission nor any conservation officer in the State is subject to criminal prosecution when acting in his official capacity within his territorial jurisdiction for:
(1) failing to comply with statutes or regulations governing the operations of motor vehicles, watercraft, or aircraft;
(2) entering into private property, whether or not posted against trespassing;
(3) failure to comply with wildlife conservation and boating laws of this State as a necessary part of the investigation or enforcement effort in enforcing those laws. The provisions of this section do not relieve the officers from the duty to exercise due regard for the safety of the public or protect them from the consequences of reckless, wilful, or wanton disregard for the safety of others nor liability for criminal prosecutions except as stated in items (1), (2), and (3)."
SECTION 8. (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 South Carolina Law Enforcement Division, Conservation Officers of the Department of Wildlife and Marine Resources, 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 Commission by this act are transferred to the South Carolina Law Enforcement Commission. 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 Commission, 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, 50, 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 Commission by the provisions of this act, these terms must be construed to mean the appropriate personnel of the South Carolina Law Enforcement Commission.
(2) The term "enforcement" or any similar variation as used in Titles 23, 50, 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 South Carolina Law Enforcement Division, Conservation Officers of the Department of Wildlife and Marine Resources, 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, 50, 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 Commission and its duly authorized personnel.
(C) Law enforcement personnel of these agencies transferred to the South Carolina Law Enforcement Commission 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.
(D) The law enforcement personnel of the State Highway Patrol, the Department of Wildlife and Marine Resources, the South Carolina Law Enforcement Commission, the Public Service Commission, and the Alcoholic Beverage Control Commission transferred to the South Carolina Law Enforcement Commission 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 director of the commission. 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 Commission.
(E) All fines, fees, forfeitures, or revenues imposed or secured by these law enforcement personnel so transferred to the South Carolina Law Enforcement Commission 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 Director of the South Carolina Law Enforcement Commission 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 9. The Code Commissioner shall change all references in the 1976 Code from Alcoholic Beverage Control Commission to Tax Commission or South Carolina Law Enforcement Commission, where applicable and other references as a result of the transfer of powers, duties, and responsibilities to the South Carolina Law Enforcement Commission created pursuant to the provisions of this act.
SECTION 10. Sections 23-3-20 through 23-3-60, 50-3-110, 50-3-120, 61-1-30, 61-1-40, and 61-1-50 of the 1976 Code are repealed.
SECTION 11. This act takes effect on July 1 of the year after approval by the Governor.