Bill 3546

Name change

SECTION 257. Section 14-23-1140 of the 1976 Code is amended to read:

"Section 14-23-1140. The Supreme Court shall have the power by rule to regulate the practice, procedure, and conduct of business in the courts of probate. Provided, however, that the State Department of Mental Health and the State Department of Disabilities and Special Needs may by rule and regulation prescribe the form of admission documents to their facilities."

Name change

SECTION 258. Section 15-9-210(b) of the 1976 Code is amended to read:

"(b) If the corporation has no registered agent, or the agent cannot be served with reasonable diligence, the corporation may be served by registered or certified mail, return receipt requested, addressed to the office of the secretary of the corporation at its principal office. Service is perfected under this subsection at the earliest of: (1) the date the corporation receives the mail; (2) the date shown on the return receipt, if signed on behalf of the corporation; or (3) five days after its deposit in the United States mail, as evidenced by the postmark, if mailed postpaid and correctly addressed to the address of the company's principal office which is listed on the last filed annual report of the company or, if none has been filed, the address of the principal office specified in the initial annual report of the corporation filed with the South Carolina Department of Revenue and Taxation."

References revised

SECTION 259. Section 15-9-270 of the 1976 Code is amended to read:

"Section 15-9-270. The summons and any other legal process in any action or proceeding against it must be served on an insurance company as defined in Section 38-1-20, including fraternal benefit associations, by delivering two copies of the summons or any other legal process to the Director of the Department of Insurance, as attorney of the company with a fee of ten dollars, of which five dollars must be retained by the director to offset the costs he incurs in service of process and of which five dollars must be deposited to the credit of the general fund of the State. A company shall appoint the director as its attorney pursuant to the provisions of Section 38-5-70. This service is considered sufficient service upon the company. When legal process against any company with the fee provided in this section is served upon the director, he shall immediately forward by registered or certified mail one of the duplicate copies prepaid directed toward the company at its home office or, in the case of a fraternal benefit association, to its secretary or corresponding officer at the head of the association."

References revised

SECTION 260. Section 15-9-280(a) of the 1976 Code is amended to read:

"(a) Any act of transacting an insurance business as set forth in Section 38-25-110 by an unauthorized insurer is equivalent to and constitutes an irrevocable appointment by the insurer, binding upon him, his executor or administrator, or successor in interest if a corporation, of the Secretary of State or his successor in office to be the true and lawful attorney of the insurer upon whom may be served all lawful process in any action, suit, or proceeding in any court by the Director of the Department of Insurance or his designee, or by the State and upon whom may be served any notice, order, pleading, or process in any proceeding before the Department of Insurance and which arises out of transacting an insurance business in this State by the insurer. Any act of transacting an insurance business in this State by an unauthorized insurer is signification of its agreement that any such lawful process in such court action, suit, or proceeding and any such notice, order, pleading, or process in such administrative proceeding before the Department of Insurance so served are of the same legal force and validity as personal service of process in this State upon the insurer."

References revised

SECTION 261. Section 15-9-280(c) of the 1976 Code is amended to read:

"(c) The Secretary of State shall immediately forward by certified mail one of the copies of the process or the notice, order, pleading, or process in proceedings before the Department of Insurance to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at its last known principal place of business and shall keep a record of all process so served on him which shall show the day and hour of service. The service is sufficient if: (1) notice of the service and a copy of the court process or the notice, order, pleading, or process in the administrative proceeding are sent within ten days thereafter by certified mail by the plaintiff or the plaintiff's attorney in the court proceeding or by the Department of Insurance in the administrative proceeding to the defendant in the court proceeding or to whom the notice, order, pleading, or process in the administrative proceeding is addressed or directed at the last known principal place of business of the defendant in the court or administrative proceeding; and (2) the defendant's receipt or receipts issued by the post office with which the letter is registered, showing the name of the sender of the letter and the name and address of the person or insurer to whom the letter is addressed, and an affidavit of the plaintiff or the plaintiff's attorney in a court proceeding or of the Department of Insurance in an administrative proceeding, showing compliance therewith, are filed with the clerk of court in which the action, suit, or proceeding is pending or with the Department of Insurance in administrative proceedings, by the date the defendant in the court or administrative proceeding is required to appear or respond thereto, or within any further time as the court or the Department of Insurance may allow."

References revised

SECTION 262. Section 15-9-280(d) of the 1976 Code is amended to read:

"(d) No plaintiff is entitled to a judgment by default, a judgment with leave to prove damages, or a judgment pro confesso in any court or administrative proceeding in which court process or notice, order, pleading, or process in proceedings before the Department of Insurance is served under this section until the expiration of thirty days from the date of filing of the affidavit of compliance."

References revised

SECTION 263. Section 15-9-310 of the 1976 Code is amended to read:

"Section 15-9-310. Service of process on the attorney, as defined in Section 38-45-20, for subscribers, as defined in Section 38-45-10, to reciprocal or interinsurance contracts shall be made by serving three copies thereof upon the Director of the Department of Insurance as the agent of such attorney pursuant to the provisions of Section 38-45-60. The director shall file one copy, forward one copy to the attorney and return one copy with his acceptance of service."

Name change

SECTION 264. Section 15-9-350 of the 1976 Code is amended to read:

"Section 15-9-350. The acceptance by a nonresident of the rights and privileges conferred by the laws in force in this State permitting the operation of motor vehicles, as evidenced by the operation of a motor vehicle by such nonresident on the public highways, the streets of any incorporated municipality or the public roads of this State or anywhere within this State, or the operation by such nonresident of a motor vehicle on any such public highways, streets or public roads or anywhere within this State other than as so permitted or regulated shall be deemed equivalent to the appointment by such nonresident of the Director of the Department of Revenue and Taxation or of his successor in office to be his true and lawful attorney upon whom may be served all summons or other lawful process in any action or proceeding against him growing out of any accident or collision in which such nonresident may be involved by reason of the operation by him, for him or under his control or direction, express or implied, of a motor vehicle on such public highways, streets or public roads or anywhere within this State. Such acceptance or operation shall be a signification of his agreement that any such process against him shall be of the same legal force and validity as if served on him personally."

Name change

SECTION 265. Section 15-9-360 of the 1976 Code is amended to read:

"Section 15-9-360. The acceptance by a nonresident motor carrier of the rights and privileges conferred by the laws now or hereafter in force in this State, permitting the operation of motor vehicles as evidenced by the operation of a motor vehicle by such nonresident either personally or through an agent or employee on the public highways in this State, or the operation of such nonresident either personally or through an agent, lessee, or employee, of a motor vehicle on the public highways of this State other than as so permitted or regulated, shall be deemed equivalent to the appointment by such nonresident motor carrier of the Director of the Department of Revenue and Taxation, or his successor in office, to be his true and lawful attorney and the attorney of his executor or administrator, upon whom may be served all summonses or other lawful process or notice in any action, assessment proceeding, or other proceeding against him or his executor or administrator, arising out of or by reason of any provisions in Chapter 31 of Title 12 relating to such vehicle or relating to the liability for tax with respect to operation of such vehicle on the highways of this State. Said acceptance or operation shall be a signification by such nonresident motor carrier of his agreement that any such process against or notice to him or his executor or administrator shall be of the same legal force and validity as if served on him personally or on his executor or administrator. All of the provisions of Sections 15-9-370, 15-9-380, and 15-9-350 shall be applicable with respect to the service of process or notice pursuant to this section."

Name change

SECTION 266. Section 15-9-370 of the 1976 Code is amended to read:

"Section 15-9-370. Service of process upon the Director of the Department of Revenue and Taxation, as agent of a: (a) nonresident driver under the provisions of Section 15-9-350; (b) resident driver who subsequently becomes a nonresident; (c) nonresident motor carrier under the provisions of Section 15-9-360; or (d) nonresident unregulated motor carriers engaged in transporting persons, hauling farm or dairy products, hauling any other perishable products or haulers of lumber or logs, shall be made by leaving a copy thereof, with a fee of four dollars, in the hands of the Director of the Department of Revenue and Taxation or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the Director of the Department of Revenue and Taxation to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The Director of the Department of Revenue and Taxation shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the Director of the Department of Revenue and Taxation, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."

References revised

SECTION 267. Section 15-9-380 of the 1976 Code is amended to read:

"Section 15-9-380. If the defendant in any such cause shall fail or refuse to accept and receipt for certified mail containing the notice of service and copy of the process and it shall be returned to the plaintiff or the motor vehicle records division of the Department of Public Safety, the original envelope as returned shall be retained and the notice and copy of the summons shall be sent by open mail and the envelope and affidavit of mailing with sufficient postage of such open letter shall be filed with the clerk of court in which such action is pending and upon the filing thereof shall have the same force and legal effect as if such process has been personally served upon such defendant."

Name change

SECTION 268. Section 15-9-390 of the 1976 Code is amended to read:

"Section 15-9-390. Service of process upon the Director of the Department of Commerce, as agent of the nonresident operator of any aircraft which has set down in South Carolina, shall be made by leaving a copy thereof, with a fee of four dollars, in the hands of the director or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the director or his designee to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The director or his designee shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the director or his designee, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."

Name change

SECTION 269. Section 15-9-410 of the 1976 Code is amended to read:

"Section 15-9-410. The provisions of Sections 15-9-390 and 15-9-400 shall not apply to any incorporated air carrier holding a certificate of public convenience and necessity from the Division of Aeronautics of the Department of Commerce."

References revised

SECTION 270. Section 15-9-415 of the 1976 Code is amended to read:

"Section 15-9-415. Service of process upon the Director of the South Carolina Department of Natural Resources, as agent of the nonresident operator of any vessel as defined in Section 50-21-10 in the waters of this State as defined in Section 50-21-10, shall be made by leaving a copy thereof, with a fee of four dollars, in the hands of the director or his office and such service shall be sufficient service upon the nonresident if notice of the service and a copy of the process are forthwith sent by certified mail by the plaintiff or the director to the defendant and the defendant's return receipt and the plaintiff's affidavit of compliance herewith are appended to the summons or other process and filed with the summons, complaint and other papers in the cause. The director shall keep a record of all processes which shall show the day and hour of service upon him. When the certified return receipt shall be returned to the director, he shall deliver it to the plaintiff on request and keep a record showing the date of its receipt by him and its delivery to the plaintiff."

Victim's Compensation Fund and Office of Victim's Assistance restructured

SECTION 271. Section 16-3-1110 of the 1976 Code is amended to read:

"Section 16-3-1110. For the purpose of this article and Articles 14 and 15 of this chapter: (1) `Board' means the South Carolina Crime Victim's Advisory Board. (2) `Claimant' means any person filing a claim pursuant to this article. (3) `Fund' means the South Carolina Victim's Compensation Fund, which is a division of the Office of the Governor. (4) `Director' means the Director of the Victim's Compensation Fund who is appointed by the Governor. The director shall be in charge of the State Office of Victim's Assistance which is part of this division under the supervision of the Governor. (5) `Field representative' means a field representative of the State Victim's Compensation Fund assigned to handle a claim. (6) `Crime' means an act which is defined as a crime by state, federal, or common law. Unless injury or death was recklessly or intentionally inflicted, `crime' does not include an act involving the operation of a motor vehicle, boat, or aircraft. (7) `Recklessly or intentionally' inflicted injury or death includes, but is not limited to, injury or death resulting from an act which violates Sections 56-5-1210, 56-5-2910, 56-5-2920, or 56-5-2930 or from the use of a motor vehicle, boat, or aircraft to flee the scene of a crime in which the driver of the motor vehicle, boat, or aircraft knowingly participated. (8) `Victim' means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor. (9) `Intervenor' means a person other than a law enforcement officer performing normal duties, who goes to the aid of another, acting not recklessly, to prevent the commission of a crime or lawfully apprehend a person reasonably suspected of having committed a crime. (10) `Deputy director' means the Deputy Director of the Victim's Compensation Fund. (11) `Panel' means a three-member panel of the board designated by the board chairman to hear appeals."

Fund director appointed by Governor

SECTION 272. Section 16-3-1120 of the 1976 Code is amended to read:

"Section 16-3-1120. A director of the Victim's Compensation Fund must be appointed by the Governor and shall serve at his pleasure. The director is responsible for administering the provisions of this article. Included among the duties of the director is the responsibility, with approval of the South Carolina Crime Victim's Advisory Board as established in this article, for developing and administering a plan for informing the public of the availability of the benefits provided under this article and procedures for filing claims for the benefits. The director, upon approval by the South Carolina Crime Victim's Advisory Board, has the following additional powers and duties: (1) to appoint a deputy director of the Victim's Compensation Fund, and staff necessary for the operation thereof, and to contract for services. The director shall recommend the salary for the deputy director and other staff members, as allowed by statute or applicable law; (2) the board shall promulgate regulations to carry out the provisions and purposes of this article and Article 14 of this chapter. Regulations pertaining to this article and Article 14 of this chapter in effect on July 1, 1993, shall remain in full force and effect until otherwise amended as provided by law; (3) to request from the Attorney General, South Carolina Law Enforcement Division, solicitors, magistrates, judges, county and municipal police departments, and any other agency or department such assistance and data as will enable the director to determine whether, and the extent to which, a claimant qualifies for awards. Any person, agency, or department listed above is authorized to provide the director with the information requested upon receipt of a request from the director. Any provision of law providing for confidentiality of juvenile records does not apply to a request of the deputy director, the director, the board, or a panel of the board pursuant to this section; (4) to reinvestigate or reopen previously decided award cases as the deputy director considers necessary; (5) to require the submission of medical records as are needed by the board, a panel of the board, or deputy director or his staff and, when necessary, to direct medical examination of the victim; (6) to take or cause to be taken affidavits or depositions within or without the State. This power may be delegated to the deputy director or the board or its panel; (7) to render each year to the Governor and to the General Assembly a written report of the activities of the Victim's Compensation Fund pursuant to this article; (8) to delegate the authority to the deputy director to reject incomplete claims for awards or assistance; (9) to render awards to victims of crime or to those other persons entitled to receive awards in the manner authorized by this article. The power may be delegated to the deputy director; (10) to apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime; (11) to delegate to the board or a panel of the board on appeal matters any power of the director or deputy director."

Department name changed

SECTION 273. Section 16-11-340 of the 1976 Code is amended to read:

"Section 16-11-340. The South Carolina Department of Revenue and Taxation, with funds already appropriated to the department, shall print and distribute to each business establishment in this State, to which has been issued a retail sales tax license, a cardboard placard not less than eight inches by eleven inches which shall bear the following inscription in letters not less than three-fourths inch high: `BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY ANY PERSON CONVICTED OF ARMED ROBBERY SHALL SERVE A SENTENCE OF NO LESS THAN SEVEN YEARS AT HARD LABOR WITHOUT PAROLE.' Such placard shall be prominently displayed in all retail establishments to which they are issued."

Conservation officers renamed

SECTION 274. Section 16-23-20(1) of the 1976 Code is amended to read:

"(1) Regular, salaried law enforcement officers of a municipality, county of the State, uncompensated Governor's constables, law enforcement officers of the federal government or other states when they are carrying out official duties while in this State, deputy enforcement officers of the Natural Resources Enforcement Division of the Department of Natural Resources within their territorial jurisdictions, and reserve police officers while serving and functioning as law enforcement officers as authorized by Section 23-28-10 et seq."

Department name changed

SECTION 275. Section 16-27-60 of the 1976 Code is amended to read:

"Section 16-27-60. (a) The provisions of Section 16-27-30 do not apply to any person: (1) using any animal to pursue or take wildlife or to participate in hunting in accordance with the game and wildlife laws of this State and regulations of the South Carolina Department of Natural Resources; (2) using any animal to work livestock for agricultural purposes; (3) properly training or using dogs for law enforcement purposes or protection of persons and private property. (b) The provisions of this chapter do not apply to game fowl."

Department name changed

SECTION 276. Section 16-27-80 of the 1976 Code is amended to read:

"Section 16-27-80. This chapter shall not apply to dogs used for the purpose of hunting or for dogs used in field trials in more commonly known as `water races', `Treeing Contests', `Coon-on-a-log', `Bear-Baying', or `Fox-pen-trials'. Such `Fox-pen-trials' must be approved by permit for field trials by the South Carolina Department of Natural Resources."

References revised

SECTION 277. Section 17-13-80 of the 1976 Code is amended to read:

"Section 17-13-80. Whenever a warrant has been issued against a corporation under the provisions of Section 22-3-750 or an indictment has been returned against it under the provisions of Section 17-19-70, a copy of the warrant or indictment, accompanied in the case of an indictment by a notice to such corporation of the term of the court of general sessions at which such case shall be tried, shall be served upon such corporation in the manner provided by law for the service of process in civil actions. And when there is no agent or officer of the company within the county the service shall be made upon such person as is in charge of the property of the corporation and, if no such person can be found, it shall be served upon the Secretary of State, who shall transmit a copy of the warrant or indictment and notice by mail to the last known residence of the managing officer of the corporation, directed to such officer; provided, that in the case of a foreign corporation if such foreign corporation have no agent or other officer within the county in which the offense, or some part thereof, has been committed then process shall be served on the person appointed by such corporation to receive service of process as now required by law regulating foreign corporations or upon the Director of the Department of Insurance when by law service of process in civil actions may be made upon the Director of the Department of Insurance and such service shall be made in the same manner provided by law for service of summons in civil actions against such corporations."

References revised

SECTION 278. Section 19-5-30 of the 1976 Code is amended to read:

"Section 19-5-30. Photostatic or certified copies of motor vehicle registration applications, registrations, notices of cancellation, suspensions or revocations, reports of violations and documents pertaining to the motor vehicle safety responsibility laws of this State, when certified by the Deputy Director of the Motor Vehicle Records Vehicle Inspection Division of the Department of Public Safety as true copies of originals, on file with the Department of Public Safety, shall be admissible in any proceedings in any court in like manner as the original thereof."

Administration of Guardian as Litem Program changed

SECTION 279. Section 20-7-121 of the 1976 Code is amended to read:

"Section 20-7-121. There is created the South Carolina Guardian ad Litem Program to serve as a statewide system to provide training and supervision to volunteers who serve as court appointed special advocates for children in abuse and neglect proceedings within the Family Court, pursuant to Section 20-7-110. This program must be administered by the Office of the Governor."

Commissioner changed to director

SECTION 280. Section 20-7-128 of the 1976 Code is amended to read:

"Section 20-7-128. (A) There is created the South Carolina Guardian ad Litem Program Advisory Board consisting of seven members as follows: (1) the chairman of the Joint Legislative Committee on Children, or his designee; (2) the Director of the Department of Social Services, or his designee; (3) the President of the State Council of Family Court Judges, or his designee; (4) the Director of the Division of Court Administration, or his designee; (5) two Family Court judges appointed by the Chief Justice of the State Supreme Court; (6) a private attorney who practices family or domestic law appointed by the chairman of the Joint Legislative Committee on Children. (B) The terms of the members are coterminous with their terms of office or with their positions except for the private attorney. The term of the attorney is for two years. (C) The chairman of the Joint Legislative Committee on Children shall serve as chairman of the board. The board shall meet at least four times annually and more frequently upon the call of the chairman to review and evaluate the activities of the Guardian ad Litem Program."

Department name changed

SECTION 281. Section 20-7-410 of the 1976 Code is amended to read:

"Section 20-7-410. The magistrate courts and municipal courts of this State have concurrent jurisdiction with the Family Courts for the trial of persons under seventeen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult. The Family Court shall report all adjudications of juveniles for moving traffic violations to the Department of Public Safety as required by other courts of this State pursuant to Section 56-1-330 and adjudications of the provisions of Title 50 to the Department of Natural Resources."

Department of Youth Services changed to Department of Juvenile Justice

SECTION 282. Section 20-7-600 of the 1976 Code is amended to read:

"Section 20-7-600. (A) When a child found violating a criminal law or ordinance, or whose surroundings are such as to endanger his welfare, is taken into custody, the taking into custody is not an arrest. The jurisdiction of the court attaches from the time of the taking into custody. When a child is so taken into custody, the officer taking the child into custody shall notify the parent, guardian, or custodian of the child as soon as possible. Unless otherwise ordered by the court, the person taking the child into custody may release the child to a parent, a responsible adult, a responsible agent of a court-approved foster home, group home, nonsecure facility, or program upon the written promise, signed by the person, to bring the child to the court at a stated time or at a time the court may direct. The written promise, accompanied by a written report by the officer, must be submitted to the South Carolina Department of Juvenile Justice as soon as possible, but not later than twenty-four hours after the child is taken into custody. If the person fails to produce the child as agreed, or upon notice from the court, a summons or a warrant may be issued for the apprehension of the person or of the child. (B) When a child is not released pursuant to subsection (A), the officer taking the child into custody immediately shall notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and determine if there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state: (1) the facts of the offense; (2) the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the authorized representative of the department to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60 the child may be released only by the authorized representative of the department with the consent of the officer who took the child into custody. (C) No child may be transported to a juvenile detention facility in a police vehicle which also contains adults under arrest. No child may be placed in secure confinement or ordered detained by the court in secure confinement in an adult jail or other place of detention for adults for more than six hours. However, the prohibition against the secure confinement of juveniles in adult jails does not apply to juveniles who have been waived to the Court of General Sessions for the purpose of standing trial as an adult. Juveniles placed in secure confinement in an adult jail during this six-hour period must be confined in an area of the jail which is separated by sight and sound from adults similarly confined. (D) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge. (E) When a child is to be transported to a juvenile detention facility following a detention screening review conducted by the Department of Juvenile Justice or after a detention order has been issued by the court, the local law enforcement agency which originally took the child into custody shall transport this child to the juvenile detention facility. (F) When the authorized representative of the Department of Juvenile Justice determines that placement of a juvenile outside the home is necessary, he shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child: (1) is charged with a violent crime as defined in Section 16-1-60; (2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child: (a) is already detained or on probation or conditional release in connection with another delinquency proceeding; (b) has a demonstrable recent record of wilful failures to appear at court proceedings; (c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or (d) has a demonstrable recent record of adjudications for other felonies; and: (i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others; or (ii) the instant offense involved the use of a firearm; (3) is a fugitive from another jurisdiction; (4) requests protection in writing under circumstances that present an immediate threat of serious physical injury. A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. (G) A child who is taken into custody because of a violation of law which would not be a criminal offense under the laws of this State if committed by an adult must not be placed or ordered detained in an adult detention facility. A child who is taken into custody because of a violation of the law which would not be a criminal offense under the laws of this State if committed by an adult must not be placed or ordered detained more than twenty-four hours in a juvenile detention facility, unless an order previously has been issued by the court, of which the child has notice and which notifies the child that further violation of the court's order may result in the secure detention of that child in a juvenile detention facility. If a juvenile is ordered detained for violating a valid court order, the juvenile may be held in secure confinement in a juvenile detention facility for not more than seventy-two hours, excluding weekends and holidays. However, nothing in this section precludes a law enforcement officer from taking a status offender in custody. (H) If the authorized representative of the Department of Juvenile Justice has not released the child to the custody of his parents or other responsible adult, the court shall hold a detention hearing within twenty-four hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel, and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child as well as determining the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles, or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles, and if commitment of a juvenile by the court to that facility does not cause it to exceed its design and operational capacity, the Family Court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a Family Court. However, a juvenile must not be detained in secure confinement in excess of ninety days. If the child does not qualify for detention or otherwise require continued detention under the terms of subsection (F), the child must be released to a parent, guardian, or other responsible person."

Department name changed; obsolete language deleted

SECTION 283. Section 20-7-630 of the 1976 Code is amended to read:

"Section 20-7-630. The Department of Juvenile Justice shall provide intake and probation services for juveniles brought before the Family Courts of this State and for persons committed or referred to the Department of Juvenile Justice in cooperation with all local officials or agencies concerned. All recommendations by the Department of Juvenile Justice as to intake shall be reviewed by the office of the solicitor in the circuit concerned and the final determination as to whether or not the juvenile shall be prosecuted in Family Court shall be made by the solicitor or of his authorized assistant. Statements of the juvenile contained in the department files shall not be furnished to the solicitor's office as part of the intake review procedure nor shall the solicitor's office be privy to such statements in connection with its intake review."

Commissioner changed to director

SECTION 284. Section 20-7-655(B) of the 1976 Code, as added by Act 448 of 1992, is amended to read:

"(B) The director shall appoint a child protective services appeals committee for each case decision which is appealed. The committee must be comprised of three officials or employees of the Department of Social Services, none of whom may be a resident of or employed by the local child protective services agency in the county where the case originates or a member of the investigative unit which investigated the case if the case decision being appealed involves institutional abuse."

Department name changed

SECTION 285. Section 20-7-770 of the 1976 Code is amended to read:

"Section 20-7-770. Notwithstanding the right of a person to petition the Family Court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General or a circuit solicitor which is made pursuant to a current criminal investigation or prosecution, the Department of Juvenile Justice shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of a violent crime, as defined in Section 16-1-60. A person with a record for an adjudicated violent crime must have his juvenile criminal record maintained by the Department of Juvenile Justice for at least ten years after the date of the violent offense adjudication."

Department name changed

SECTION 286. Section 20-7-780 of the 1976 Code is amended to read:

"Section 20-7-780. (A) The court shall make and keep records of all cases brought before it and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. All information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice is confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records are necessary to defend against an action initiated by a juvenile. (B) The Department of Juvenile Justice, if requested, shall provide the victim of a violent crime, as defined in Section 16-1-60, with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, the status and disposition of the delinquency action, including hearing dates, times, and locations, and concerning services available to victims of juvenile crime. The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be made public by a newspaper, radio, or television station except as authorized by order of the court. (C) A juvenile charged with committing a violent offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may be fingerprinted by the law enforcement agency who takes the juvenile into custody. A juvenile charged with committing a nonviolent or status offense must not be fingerprinted by law enforcement except upon order of a Family Court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must not be transmitted to the files of the State Law Enforcement Division or to the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless the juvenile is adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle. The fingerprint records of a juvenile who is not adjudicated delinquent for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle upon notification to law enforcement, must be destroyed or otherwise expunged by the law enforcement agency who took the juvenile into custody. The Department of Juvenile Justice may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Juvenile Justice remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child."

Department name changed

SECTION 287. Section 20-7-1330(a) of the 1976 Code is amended to read:

"(a) place the child on probation or under supervision in his own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine. Any child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment, but as a measure for the protection, guidance, and well-being of the child and his family. Probation methods must be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. The court may impose restitution or participation in supervised work or community service as a condition of probation. The Department of Juvenile Justice, in coordination with local community agencies, shall develop and encourage employment of a constructive nature designed to make reparation and to promote the rehabilitation of the child. If the court imposes as a condition of probation a requirement that restitution in a specified amount be paid, the amount to be paid as restitution may not exceed five hundred dollars. The Department of Juvenile Justice shall develop a system for the transferring of any court ordered restitution from the juvenile to the victim or owner of any property injured, destroyed, or stolen."

Counties to provide facilities for intake and probation services for Department of Juvenile Justice; obsolete language deleted

SECTION 288. Section 20-7-1490 of the 1976 Code is amended to read:

"Section 20-7-1490. Each county shall provide sufficient physical facilities for the operation of the statewide Family Court system in that county, including facilities necessary for the provision of intake and probation services by the Department of Juvenile Justice."

Commissioner changed to director

SECTION 289. Section 20-7-1645 of the 1976 Code is amended to read:

"Section 20-7-1645. A state agency which places a child in a foster home may compensate a foster family, who has made its private residence available as a foster home, for the uninsured loss it incurs when its personal or real property is damaged, destroyed, or stolen by a child placed in its home, if the loss is found by the director of the placing state agency, or his designee, to have occurred, to have been caused solely or primarily by the acts of the child placed with the foster family, and if the acts of the foster family have not in any way caused or contributed to the loss. Compensation may not be in excess of the actual cost of repair or replacement of the damaged or destroyed property but in no case may compensation exceed five hundred dollars for each occurrence."

Department name changed; quarterly reviews of juvenile offenders may be waived by parole board

SECTION 290. The first paragraph of Section 20-7-2095 of the 1976 Code is amended to read:

"The Board of Juvenile Parole (parole board) shall meet monthly, and at other times as may be necessary, to review the records and progress of children committed to the custody of the Department of Juvenile Justice for the purpose of deciding the release or revocation of release of such children. The parole board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Department of Juvenile Justice and may, in its discretion, issue temporary and final discharges or release such persons conditionally and prescribe conditions for such release into aftercare. It shall be the right of any such juvenile to personally appear before the parole board every three months for the purpose of parole consideration, but no such appearance shall begin until the parole board determines that an appropriate period of time has elapsed since the juvenile's commitment. In addition, and at the discretion of the parole board, the quarterly reviews of juveniles committed to the department for having committed a violent offense, as defined in Section 16-1-60, may be waived by the parole board until the juvenile reaches the minimum parole guidelines established for the juvenile by the parole board. In order to allow such reviews and personal appearances by children, the chairman of the parole board may assign the members to meet in panels of not less than three members to receive progress reports and recommendations, review cases, meet with children, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the parole board. Any panel vote that is not unanimous shall not be considered as a final decision of the parole board and the matter shall be referred to the full parole board, which shall determine the matter by a majority vote of its membership."

Commissioner changed to director; Director to employ deputy director of parole; department to provide support services to parole board

SECTION 291. Section 20-7-2115 of the 1976 Code is amended to read:

"Section 20-7-2115. The department is charged with the responsibility of making aftercare investigations to determine suitable placement for children considered for conditional release from the correctional schools. The department shall also have the responsibility of supervising the aftercare program, making revocation investigations, and submitting findings to the parole board. The director and such staff as he shall designate in the performance of their duties of investigation, counseling and supervision, and revocation investigations, are considered official representatives of the parole board. The director and his staff shall be subject to the rules and regulations for parole and parole revocation promulgated by the parole board and shall meet with the parole board at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department shall periodically visit the institutions in order to counsel their clients and accomplish such duties as outlined in this subarticle. Recognizing the need to maintain autonomy and to provide a check and balance system, the Director of the Department of Juvenile Justice shall employ a deputy director of parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The deputy director serves at the will and pleasure of the Director of Department of Juvenile Justice. All staff are employees of the department and are directly responsible to the department both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget. The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions."

Changed age from 18 to 19 for latest time at which conditional release must expire; department name changed

SECTION 292. Section 20-7-2125 of the 1976 Code is amended to read:

"Section 20-7-2125. Any juvenile, who shall have been conditionally released from a correctional school, shall remain under the authority of the parole board until the expiration of the specified term imposed in his conditional aftercare release. The specified period of conditional release may expire before but not after the nineteenth birthday of the juvenile. Each juvenile conditionally released shall be subject to the conditions and restrictions of his release and may at any time on the order of the parole board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release. As a condition of correctional release, the parole board may impose participation in the restitution, work and community service programs as established by the Department of Juvenile Justice pursuant to item (a) of Section 20-7-1330."

Board responsibilities changed to director; department name change

SECTION 293. Section 20-7-2155 of the 1976 Code is amended to read:

"Section 20-7-2155. To be eligible for appointment as a probation counselor, an applicant must possess all of the following: (a) a college degree involving special training in the field of social science, or its equivalent; (b) a personality and character as would render him suitable for the functions of the office. Probation counselors shall live in districts as shall be determined by the director. Each counselor shall periodically visit the schools under the supervision of the Department of Juvenile Justice and familiarize himself with the records, background and needs of the children, and shall make periodic reports to the school. Duties of the probation counselors shall be to make such investigation of the child and home as may be required by the court; to be present in court at the hearing of cases and to furnish to the court such information and assistance as the judge may require; and to take charge of any child before and after hearing as may be directed by the court. During the probationary period of any child and during the time that the child may be committed to any institution or to the care of any association or person for custodial or disciplinary purposes, the child shall always be subject to visitation by the probation counselors or other agents of the court."

Board responsibilities changed to department; department to arrange suitable corrective placement; department name changed

SECTION 294. Section 20-7-2170 of the 1976 Code is amended to read:

"Section 20-7-2170. A child after his twelfth birthday and before his seventeenth birthday, or while under the jurisdiction of the Family Court for disposition of an offense that occurred prior to his seventeenth birthday, may be committed to the custody of the Department of Juvenile Justice, which shall arrange for placement in a suitable corrective environment. Children under the age of twelve years may be committed only to the custody of the department, which shall arrange for placement in a suitable corrective environment other than institutional confinement. No child under the age of seventeen years shall be committed or sentenced to any other penal or correctional institution of this State. When a child is adjudicated delinquent, convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, such child may be committed for an indeterminate period until he has reached his twenty-first birthday or until sooner released by the Board of Juvenile Parole under its discretional powers. Any sentence which includes commitment to the custody of the Department of Juvenile Justice for a crime which, when committed by an adult, would carry a maximum sentence of thirty years or more, shall include a further provision that the Board of Juvenile Parole may transfer such child to the Department of Juvenile Justice, which may then transfer the child to the Department of Corrections for confinement for a period, including time served in its custody, not to exceed thirty years. Such transfer shall be within the discretion of the Department of Juvenile Justice or the Board of Juvenile Parole as may be appropriate. The court, before committing a child as a delinquent or as a part of a sentence including commitments for contempt, shall first temporarily commit the child to the Department of Juvenile Justice for a period not to exceed forty-five days for evaluation, and the department shall make a recommendation to the court prior to final commitment. The committing judge may waive in writing temporary commitment in cases where the child concerned has within the past year either been evaluated by a center and the evaluation is available to the court or has within the past year been temporarily or finally discharged or conditionally released or paroled from a correctional institution of the Department of Juvenile Justice, and the child's previous evaluation or other equivalent information is available to the court. All commitments to the custody of the Department of Juvenile Justice for delinquency as opposed to the conviction of a specific crime may be made only for the reasons and in the manner prescribed in Sections 20-7-400, 20-7-410, 20-7-430, 20-7-460, 20-7-600, 20-7-620, 20-7-740, 20-7-750, 20-7-760, 20-7-770, 20-7-780, 20-7-1330, 20-7-1340, and 20-7-1520, with evaluations made and proceedings conducted only by the judges authorized to order commitments in this section. When a child is committed to the custody of the department under the proceedings, commitment must be for an indeterminate sentence, not extending beyond the twenty-first birthday of the child unless sooner released by the department. Any juvenile who has not been paroled or otherwise released from the custody of the department by his nineteenth birthday shall be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. If not sooner released by the Department of Corrections, the juvenile shall be released by his twenty-first birthday according to the provisions of his commitment; provided, however, that notwithstanding the above provision, any juvenile committed as an adult offender by order of the Court of General Sessions shall be considered for parole or other release according to the laws pertaining to release of adult offenders."

Board responsibilities changed to department

SECTION 295. Section 20-7-2175 of the 1976 Code is amended to read:

"Section 20-7-2175. Any child committed under the terms of this article shall be conveyed by the sheriff, deputy sheriff or persons appointed by the sheriff of the county in which such child resides, to the custody of the department, and the expense of such conveyance and delivery shall be borne by such county. The committing judge may, in his discretion, order that such child be transferred to the custody of the department without the attendance of an officer or in such manner as may be advisable."

Board responsibilities changed to department; custody by department includes facilities and programs

SECTION 296. Section 20-7-2180 of the 1976 Code is amended to read:

"Section 20-7-2180. From the time of lawful reception of any child by the Department of Juvenile Justice and during his stay in custody in a correctional institution, facility, or program operated by the department, he shall be under the exclusive care, custody, and control of the department. All expenses shall be borne by the State."

Board responsibilities changed to department

SECTION 297. Section 20-7-2185 of the 1976 Code is amended to read:

"Section 20-7-2185. Any commitment under this subarticle shall be full and sufficient authority to the department and to officers and agents thereof for the detention and keeping therein of any child until he arrives at the age of twenty-one years, unless sooner dismissed therefrom by order of the parole board, transferred to the Department of Corrections, or released therefrom by order of a judge of the Supreme Court or the Circuit Court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus."

Board responsibilities changed to department

SECTION 298. Section 20-7-2190 of the 1976 Code is amended to read:

"Section 20-7-2190. From the time of the lawful reception of any child into custody by the department, and during the period of such custody, the department shall provide for, either solely or in cooperating with other agencies, the care, custody and control of such child, as well as make available instruction in such branches of useful knowledge as may be suited to his years and capacity that will enable such child to learn a useful trade."

Board responsibilities changed to department; commissioner changed to director

SECTION 299. Section 20-7-2195 of the 1976 Code is amended to read:

"Section 20-7-2195. The Department of Juvenile Justice, when authorized by an order of any circuit judge, shall, after notice to the Department of Corrections, transfer temporarily to the custody of the Youthful Offender Division any child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in such custody appears to be seriously detrimental to the welfare of others in such custody. The director of the Department of Corrections shall receive such children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall be held therein, subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall be under the authority of the division and subject to release according to the division's policies and procedures. The Youthful Offender Division shall at least quarterly make recommendations to the parole board concerning possible release of each child so transferred or his return to institutions of the department."

Board responsibilities changed to department; department name changed

SECTION 300. Section 20-7-2200 of the 1976 Code is amended to read:

"Section 20-7-2200. It shall be unlawful for any person to: (1) cause, aid, encourage or influence any child who is a ward of the Department of Juvenile Justice to: (a) enter or remain in a house of prostitution, a house or lodging place used for immoral purposes or gambling place; (b) violate any law of this State or ordinance of any city; (c) indulge in vicious or immoral conduct; or (d) violate his conditional release or run away from the supervision of the Department of Juvenile Justice; (2) to harbor any child who has escaped from such authorities or who is running away from their supervision. Any person who violates the provisions of this section is guilty of a misdemeanor and shall, upon conviction, be punished by a fine not exceeding five hundred dollars or imprisonment for a period not exceeding six months or both."

Department name changed

SECTION 301. Section 20-7-2203 of the 1976 Code is amended to read:

"Section 20-7-2203. (A) While on the institutional grounds of the department, it is unlawful to furnish, attempt to furnish, or to possess, with the intent to furnish, contraband to any juvenile committed to the custody of the Department of Juvenile Justice. `Juvenile', for purposes of this section, is defined as any person committed to the custody of the Department of Juvenile Justice. It is unlawful for a juvenile committed to the custody of the department to possess contraband. (B) For purposes of this section, `contraband' is defined as: (1) any device which may be used as a weapon, including, but not limited to, firearms, knives, blades, clubs, or billies; or (2) drugs of any type or description, including, but not limited to, marijuana, cocaine, and any other controlled substance as listed in Chapter 53 of Title 44, for which a juvenile does not possess a current lawful prescription; or (3) poisons or other dangerous chemicals which can cause injury or death; or (4) flammable liquids of any type, including, but not limited to, gasoline, kerosene or lighter fluid; or (5) any type of alcohol and any liquid containing any concentration of intoxicating alcohol; or (6) keys, locks, or tools of any description not officially issued to the juvenile by the department; or (7) any additional items determined to be contraband by the Director of the Department of Juvenile Justice. (C) If the director determines any additional items to be contraband, a list of these items must be published and posted in conspicuous places so as to be seen readily by any person entering the institutional grounds or on the institutional grounds of the Department of Juvenile Justice. (D) An adult found violating the provisions of this section is guilty of a felony and, upon conviction, must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisoned for not less than one year nor more than ten years, or both."

Department name changed

SECTION 302. Section 20-7-2205 of the 1976 Code is amended to read:

"Section 20-7-2205. A child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult or violates the conditions of probation for such an offense shall not be committed to the custody of a correctional institution operated by the Department of Juvenile Justice except for commitment for an indeterminate period not to exceed forty-five days for the purpose of evaluation, in accordance with the provisions of Section 20-7-2170."

Administrative law judge to hear appeals

SECTION 303. Section 20-7-2260 of the 1976 Code is amended to read:

"Section 20-7-2260. The department may revoke the license of any child welfare agency which fails to maintain the proper standards of care and service to children in its charge or which violates any provision of this subarticle. No license shall be revoked or its renewal refused except upon thirty days' written notice thereof. Upon appeal from such revocation or refusal to renew a license, the department shall, after thirty days' written notice thereof, hold a hearing, at which time the agency shall be given an opportunity to present testimony and confront witnesses. An appeal of the agency's decision may be made to an administrative law judge pursuant to the Administrative Procedures Act."

Commissioner changed to director; board responsibilities changed to director

SECTION 304. Section 20-7-2310 of the 1976 Code is amended to read:

"Section 20-7-2310. The Department of Social Services shall administer an adoption program on behalf of the State. Adoption services must be available statewide. The adoption program provided by the department must be a centrally administered state program. The department shall designate regions which will be administered by the state office. The adoption unit shall constitute a separate and distinct unit within the department so as to assure specialization of effort and effective access to the department director. This unit must be staffed with qualified personnel professionally trained in the social work or other related fields. The department shall continually evaluate its staffing, functions, policies, and practices on the basis of nationally recognized standards. A committee to advise the department on all children's services must be appointed by the department director. Persons appointed to the committee must be knowledgeable on adoption, protective services, foster care, and other children's services."

Review of the Foster Care of Children placed within Office of the Governor, etc.

SECTION 305. Section 20-7-2379 of the 1976 Code is amended to read:

"Section 20-7-2379. There is created, as part of the Office of the Governor, the Division for Review of the Foster Care of Children. The division must be supported by a board consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district and one member from the State at large, all appointed by the Governor with the advice and consent of the Senate. Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Of the initial appointments, the Governor shall designate two members to serve for one year, two for a term of two years, two for a term of three years, and one for a term of four years. Thereafter, appointments must be made by the Governor in the manner as prescribed above for terms of four years to expire on June thirtieth of the appropriate year. The board shall elect from its members a chairman who shall serve for two years. Four members of the board constitute a quorum for the transaction of business. Members of the board shall receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees while engaged in the work of the board. The board shall meet at least quarterly and more frequently upon the call of the division director to review and coordinate the activities of the local review boards and make recommendations to the General Assembly with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in items (A) and (B) of Section 20-7-2376. These recommendations must be included in an annual report, filed with the General Assembly, of the activities of the state office and local review boards. The board, upon recommendation of the division director, shall promulgate regulations to carry out the provisions of this subarticle. These regulations shall provide for and must be limited to procedures for: reviewing reports and other necessary information at state, county, and private agencies and facilities; scheduling of reviews and notification of interested parties; conducting local review board and board of directors' meetings; disseminating local review board recommendations, including reporting to the appropriate Family Court judges the status of judicially approved treatment plans; and developing policies for summary review of children privately placed in privately-owned facilities or group homes. The Governor may employ a director to serve at his pleasure who may be paid an annual salary to be determined by the General Assembly. The director may be removed pursuant to the provisions of Section 1-3-240. The director shall employ staff as is necessary to carry out the provisions of this subarticle, and the staff must be compensated in an amount and in a manner as may be determined by the General Assembly. The provisions of this subarticle may not be construed to provide for subpoena authority."

Department name changed

SECTION 306. Section 20-7-2640 of the 1976 Code is amended to read:

"Section 20-7-2640. (A) A child with special needs who is a resident in the State who is the subject of an adoption assistance agreement with another state may receive medical assistance identification from this State upon the filing with the Department of Social Services of a certified copy of the agreement obtained from the adoption assistance state. In accordance with regulations of the department, the adoptive parents at least annually shall show that the agreement is still in force or has been renewed. (B) The Department of Health and Human Services shall consider the holder of medical assistance identification pursuant to this section as any other holder of medical assistance identification under the laws of this State and shall process and make payment on claims on account of the holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance. (C) The Department of Health and Human Services or the Department of Social Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and must be reimbursed for them. However, there is no reimbursement for services or benefit amounts covered under insurance or other third party medical contract or arrangement held by the child or the adoptive parents. The department shall promulgate regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection are for the costs of services for which there is no federal contribution, or which, if federally aided, are not provided by the residence state. The regulations must include, but are not limited to, procedures to be followed in obtaining prior approval for services in those instances where required for the assistance. (D) The provisions of this section apply only to medical assistance for children under adoption assistance agreements from states that have entered into a compact with this State under which the other state provides medical assistance to children with special needs under adoption assistance agreements made by this State. All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this State are eligible to receive assistance in accordance with the laws and procedures applicable to the agreements."

Commissioner changed to director

SECTION 307. The following items of Section 20-7-2700 of the 1976 Code are amended to read:

"k. `Department' means the State Department of Social Services, the agency designated to administer the regulation of child day care facilities under subarticle, with the advice of the State Advisory Committee on the Regulation of Child Day Care Facilities. l. `Committee' means the State Advisory Committee on the Regulation of Child Day Care Facilities, named under this subarticle to advise the department on regulatory matters related to child day care facilities. m. `Director' means the administrative head of the department. p. `Regular license' means a license issued by the department for two years to an operator of a private child day care center or group day care home or a family day care home which elects to be licensed showing that the licensee is in compliance with the provisions of this subarticle and the regulations of the department at the time of issuance and authorizing the licensee to operate in accordance with the license, this subarticle, and the regulations of the department. q. `Provisional license' means a license issued by the department to an operator of a private child day care center or group day care home or a family day care home which elects to be licensed authorizing the licensee to begin operations although the licensee temporarily is unable to comply with all of the requirements for a license. r. `Regular approval' means a written notice issued by the department for a two-year period to a department, agency or institution of the State, or a county, city, or other political subdivision, approving the operation of a public child day care center or group day care home in accordance with the provisions of the notice, this subarticle and the regulations of the department. s. `Provisional approval' means a written notice issued by the department to a department, agency, or institution of the State, or a county, city, or other political subdivision approving the commencement the operations of a public child day care center or group day care home although the operator is temporarily unable to comply with all of the requirements for approval. u. `Declaratory order' means a written statement on the part of the department approving plans for construction or renovation insuring against the imposition of more stringent regulations at a later date. x. `Deficiency correction notice' means a written statement on the part of the department notifying a child day care facility which is not complying with any applicable regulations to correct the deficiencies stated in the notice within a reasonable time limit."

Commissioner changed to director; administrative law judge to hear appeal

SECTION 308. Section 20-7-2760 of the 1976 Code is amended to read:

"Section 20-7-2760. a. An applicant who has been denied a license by the department shall be given prompt written notice by certified or registered mail. The notice shall indicate the reasons for the proposed action and shall inform the applicant of the right to appeal the decision to the director in writing within thirty days after the receipt of notice of denial. An appeal from the final decision of the director may be taken to an administrative law judge pursuant to the Administrative Procedures Act. b. A licensee whose application for renewal is denied or whose license is about to be revoked shall be given written notice by certified or registered mail. The notice shall contain the reasons for the proposed action and shall inform the licensee of the right to appeal the decision to the director or his designee in writing within thirty calendar days after the receipt of the notice. An appeal from the final decision of the director may be taken to an administrative law judge pursuant to the Administrative Procedures Act. c. At the hearing provided for in this section, the applicant or licensee may be represented by counsel and has the right to call, examine and cross-examine witnesses and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The hearing examiner is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department shall be in writing, shall contain the department's findings of fact and rulings of law and shall be mailed to the parties to the proceedings by certified or registered mail to their last known addresses as may be shown in the application, or otherwise. A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the department's decision is appealed, or a transcript is requested by an interested party. Upon an appeal, the department shall furnish to any appellant, free of charges, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts prepared at their request. d. The decision of the department is final unless appealed by a party to an administrative law judge pursuant to the Administrative Procedures Act."

Commissioner changed to director

SECTION 309. Section 20-7-2830 of the 1976 Code is amended to read:

"Section 20-7-2830. a. An applicant or operator who has been denied approval or renewal of approval by the department shall be given prompt written notice thereof, which shall include a statement of the reasons for the denial. The notice shall also inform the applicant or operator that it may, within thirty days after the receipt of the notice of denial, appeal the denial by making a written request to the director or his designee for an opportunity to show cause why its application should not be denied. b. Upon receiving a written petition, the director or his designee shall give the applicant or operator reasonable notice and an opportunity for a prompt, informal meeting with the director or his designee with respect to the action by the department, and an opportunity to submit written material. On the basis of the available evidence, including information obtained at the informal meeting and from the written material, the director or his designee shall decide whether the application shall be granted for approval, provisional approval or denied. The decision of the director or his designee shall be in writing, shall contain findings of fact and shall be mailed to the parties to the proceedings by certified or registered mail. Notification of the decision shall be sent to the Governor and appropriate officials of the state or local government."

Commissioner changed to director; appeals procedures revised

SECTION 310. Section 20-7-2880 of the 1976 Code is amended to read:

"Section 20-7-2880. (a) A registrant whose statement of registration has been withdrawn by the department shall be given written notice by certified or registered mail. The notice shall contain the reasons for the proposed action and shall inform the registrant of the right to appeal the decision to the director or his designee in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal the director or his designee shall give the registrant reasonable notice and an opportunity for a prompt hearing before the director or his designee. On the basis of the evidence adduced at the hearing, the director or his designee shall make the final decision of the department as to whether the statement of registration shall be withdrawn. If no written appeal is made, the statement of registration shall be withdrawn as of the termination of the thirty-day period. (b) At the hearing provided for in this section, the registrant may be represented by counsel, and has the right to call, examine and cross-examine witnesses and to otherwise introduce evidence. Parents appearing at the hearing may also be represented by counsel. The director is empowered to require the presence of witnesses and evidence by subpoena on behalf of the appellant or department. The final decision of the department shall be in writing, shall contain the department's findings of fact and rulings of law and shall be mailed to the parties to the proceedings by certified or registered mail. A full and complete record shall be kept of all proceedings, and all testimony shall be reported and need not be transcribed unless the decision is appealed, or a transcript is requested by an interested party. Upon an appeal, the department shall furnish to any appellate, free of charge, a certified copy of the transcript of all evidentiary proceedings before it. Other parties shall pay the cost of transcripts. (c) The decision of the department is final unless appealed by a party pursuant to the Administrative Procedures Act."

Appeals are pursuant to Administrative Procedures Act

SECTION 311. Section 20-7-2930 of the 1976 Code is amended to read:

"Section 20-7-2930. Whenever the health or fire safety agency finds upon inspection that a child day care center or group day care home is not complying with the applicable regulations, the appropriate agency shall notify the department. The department shall then request the operator to correct such deficiencies. a. Every correction notice shall be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period shall be reasonable and, except when the appropriate agency finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of such notices. b. Within two weeks of receipt of such notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion thereof. c. The department shall grant or deny a written request and shall notify the operator of action taken. d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may suspend the registration of the facility to be effective thirty days after date of notice. An appeal may be taken pursuant to the Administrative Procedures Act."

Appeals procedures revised

SECTION 312. Section 20-7-2940 of the 1976 Code is amended to read:

"Section 20-7-2940. a. When the registration of a facility has been suspended, the operator must be given prompt written notice. The notice must indicate the reasons for the suspension and inform the operator of the right to appeal the decision through administrative channels to the department and according to established appeals procedure for the department. b. Upon appeal, the decision of the department is final unless appealed by a party pursuant to the Administrative Procedures Act."

Department responsibilities changed to director; obsolete language deleted

SECTION 313. Section 20-7-3050 of the 1976 Code is amended to read:

"Section 20-7-3050. The State Advisory Committee on the Regulation of Child Day Care Facilities shall: a. Review changes in the regulations and suggested standards proposed by the director or his designee and make recommendations thereon to the director or his designee. The committee shall evaluate the regulations and suggested standards at the three year review period (subsection c. of Section 20-7-2980) and recommend necessary changes. No regulation shall be promulgated if the standard has been disapproved by a simple majority of the committee. b. Advise the department regarding the improvement of the regulation of child day care facilities. c. Advise the department on matters of regulatory policy, planning and priorities. d. As it deems necessary, hold a public hearing at least thirty days prior to adoption of the regulations. e. Plan with the department for the procedures to be used in notifying licensees, approved operators and registrants regarding regulatory changes sixty days prior to intended promulgation. f. Maintain through the department the essential liaison with other departments and agencies of state and local government so as to preclude imposition of duplicate requirements upon operators subject to regulations under this subarticle. g. Act to move the adoption of its recommendations and other pertinent disposition of matters before it by decision of a simple majority of those members present and voting, provided there is a quorum of eight members."

Department of Youth Services changed to Department of Juvenile Justice

SECTION 314. Section 20-7-3100 of the 1976 Code is amended to read:

"Section 20-7-3100. There is hereby created the South Carolina Department of Juvenile Justice, hereinafter referred to as the department."

Department name changed

SECTION 315. Section 20-7-3110 of the 1976 Code is amended to read:

"Section 20-7-3110. Except as otherwise provided in this subarticle, all references to the Department of Juvenile Placement and Aftercare shall mean the Department of Juvenile Justice and all references to the board shall be changed to read the Department of Juvenile Justice."

Board deleted; appointment of director by Governor with advice and consent of the Senate

SECTION 316. Section 20-7-3120 of the 1976 Code is amended to read:

"Section 20-7-3120. The Governor shall appoint a director with the advice and consent of the Senate who shall possess qualifications necessary to manage the affairs of the department. If a vacancy occurs in the office when the Senate is not in session, the Governor may appoint a director to fill the vacancy and such appointee shall be a de facto member until the Senate acts upon the appointment."

Removal of director

SECTION 317. Section 20-7-3130 of the 1976 Code is amended to read:

"Section 20-7-3130. The director shall be subject to removal by the Governor as provided in Section 1-3-240."

Board responsibilities changed to director

SECTION 318. Section 20-7-3170 of the 1976 Code is amended to read:

"Section 20-7-3170. The director shall be vested with the exclusive responsibility for policy of the department to carry out the responsibilities, duties and privileges provided for in this chapter."

Board responsibilities changed to director

SECTION 319. Section 20-7-3180 of the 1976 Code is amended to read:

"Section 20-7-3180. The director must execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of his office and the accurate accounting for all monies and property coming into his hands. Such bond shall be executed by a surety company authorized to do business under the laws of this State, and the premium on any such bond shall be paid by the State out of the department's appropriations."

Board responsibilities changed to department and director

SECTION 320. Section 20-7-3190 of the 1976 Code is amended to read:

"Section 20-7-3190. The department may enter into agreements with the governing bodies of other state departments or institutions for the purpose of effecting a more efficient and economical management of any institutions or programs under its supervision. The department is authorized to make contracts and expend public funds as required to carry out the functions prescribed for it in this article within the limits of appropriated funds. An annual report of the department shall be prepared by the director which shall include an account of all funds received and expended, persons served by the department including a report of the state and conditions of the correctional institutions and community programs operated by the department."

Commissioner changed to department

SECTION 321. Section 20-7-3200 of the 1976 Code is amended to read:

"Section 20-7-3200. The director shall serve as chief executive officer of the department. The director may appoint and employ such officers and employees necessary to perform the duties and responsibilities of the department and shall ensure that the department's organizational structure differentiates between separate divisions, the community-based services and institutional services of the department."

Board responsibilities changed to director

SECTION 322. Section 20-7-3210 of the 1976 Code is amended to read:

"Section 20-7-3210. The department shall provide such community services as the director shall assign to it which shall include, but not be limited to, the following: (a) Family Court intake screening and referral counseling; (b) serving, advising and counseling children placed on probation by the Family Court; (c) serving, advising and counseling of children in the various institutions as may be necessary to the placement of the children in proper environment after release and the placement of children in suitable jobs where necessary and proper; (d) supervising and guiding of children released or conditionally released from institutions; (e) counseling children released or conditionally released by the parole board; (f) coordinating the activities of supporting community agencies which aid in the social adjustment of children released by the parole board; (g) providing or arranging for necessary services leading to the rehabilitation of delinquents either within the department or through cooperative arrangements with other appropriate agencies; (h) providing counseling and supervision for any child under twelve years of age who has been adjudicated delinquent, convicted of a crime or has entered a plea of guilty or nolo contendere, when other suitable personnel is not available and upon request of the court concerned; (i) providing detention screening services when a child is taken into custody for violation of a law or ordinance as provided in subsections (a) and (b) of Section 20-7-600; (j) providing prevention services to include short and long range planning, establishing statewide priorities and standards, development of public awareness programs, and technical assistance to local government in the development of prevention programs; (k) providing for the development of secure and nonsecure alternatives to jail; (l) providing for a variety of community-based programs to augment regular probation services, such as volunteer services, restitution, community work programs, family counseling and contract probation with specific sanctions for various types of behavior; (m) providing for a variety of community-based programs to serve as alternatives to institutions, such as halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, marine science programs, and other residential and nonresidential programs; (n) providing for programs to divert juveniles, where proper and appropriate, from the juvenile justice system."

Board responsibilities changed to director

SECTION 323. Section 20-7-3230 of the 1976 Code is amended to read:

"Section 20-7-3230. (A) The department shall provide institutional services which include, but are not limited to: (1) providing correctional institutional services for juveniles committed under the provisions of Part 3 of this subarticle; (2) managing, operating, and supervising Birchwood, Willow Lane, John G. Richards, and other facilities as the director may establish; (3) the establishment and maintenance of residential and nonresidential reception and evaluation centers at which all children committed to its custody by a Circuit or Family Court must be received, examined, and evaluated before assignment to one of its institutions or before other disposition or recommendation is made concerning the child. The commitment of a child to a reception and evaluation center or youth correctional institution of the department may be made only after the child has been adjudicated delinquent. The evaluation conducted by the reception and evaluation centers includes, but is not limited to: (a) a complete social, physical, psychological, and mental examination; (b) an investigation and consideration of family and community environment and other facts in the background of the person concerned that might relate to his delinquency; (c) a determination of the correctional or custodial care that would be most appropriate. The department shall create facilities and employ personnel as will enable the centers to conduct the necessary physical, mental, and psychological examinations required by this section; (4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include a secure juvenile detention center. However, this secure juvenile detention center shall cease to be operated as a preadjudicatory juvenile detention center two years after the facility becomes operational unless specifically renewed and reauthorized as a preadjudicatory juvenile detention center by the General Assembly. The size and capacity of this juvenile detention facility must be determined by the department after its consideration and review of recognized national standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of its juvenile detention center and in providing for the construction and operation of the facility. However, the size and capacity of this juvenile detention center may not exceed thirty beds. Upon completion of construction and upon the department's determination that the facility is staffed in accordance with existing standards and, therefore, can be operated in accordance with these standards, the department shall determine and announce the maximum operational capacity of the facility. Before September 2, 1990, the department shall determine and announce the anticipated maximum operational capacity of this facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing this facility upon the facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, of the availability of this facility, and of the per diem and transportation requirements set forth in this section if this facility is to be used by the county. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. A juvenile must not be ordered detained by the court in this juvenile detention center nor may the department accept a juvenile into this facility if his detention causes the department to exceed the announced operational capacity. A juvenile ordered detained in this facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The department shall determine an amount of per diem for each child detained in this center, which must be paid by the committing county. The per diem paid by the county may not exceed the daily average cost of a juvenile committed to the department and must be placed in a separate account by the department for operation of this facility. (B) The reception and evaluation center located in Columbia is designated `The William J. Goldsmith Reception and Evaluation Center'."

Commissioner changed to director

SECTION 324. Section 20-7-3235 of the 1976 Code is amended to read:

"Section 20-7-3235. Juvenile correctional employees of the department, while performing their officially assigned duties relating to the custody, control, transportation, or recapture of a juvenile offender within the jurisdiction of the department, and other employees of the department authorized by the director to perform similar functions as part of their official duties, have the status of peace officers anywhere in this State in a matter relating to the custody, control, transportation, or recapture of the juvenile. Employees of the department's Division of Public Safety, on proper training and certification from the Criminal Justice Academy, and after having taken the oath of office prescribed by law and the Constitution of this State, must continue to be commissioned as state constables pursuant to Section 23-1-60."

Department name changed; board responsibilities changed to director and department

SECTION 325. Section 20-7-3240 of the 1976 Code is amended to read:

"Section 20-7-3240. The Department of Juvenile Justice is designated as a special school district which shall operate a continuous progress education program on a twelve-month basis. There is created within the Department the Education Division which shall provide academic and vocational training at the Reception and Evaluation Center, Birchwood High School, Willow Lane Junior High School and all other institutions operating under the department. Academic and vocational training provided pursuant to this section shall meet all educational standards prescribed by law and by the Department of Education for public schools of the State including, but not limited to, compliance with and operation under the provisions of the Education Finance Act, the Defined Minimum Program, teacher and superintendent certification laws and regulations, and other laws or regulations governing the education of children. The department may prescribe such additional requirements as it may from time to time deem necessary. The State Superintendent of Education shall administer the standards related to the school programs. Reports from the Department of Education evaluating the educational program at all juvenile corrections institutions and indicating whether or not the program meets the standards as prescribed, shall be made directly to the director. Such Department of Education supervisory personnel as deemed appropriate shall be utilized for evaluating the programs and for reporting to the director. Schools operated by the department shall receive funds from the Department of Education under the same provisions as other public schools in the State. The director shall operate as the trustee for schools under the department's jurisdiction for all administrative purposes, including the receipt and expenditure of funds appropriated or granted to the schools for any purpose. The director shall employ a full-time superintendent of schools for the special school district. The superintendent shall hold a valid superintendent's certificate from the Department of Education and shall serve as the head of the Education Division. In lieu of classification by the Division of State Personnel, the employment status of the superintendent of schools for the department and all instructional personnel operating under the Education Division of the department shall be governed by the laws of the State regarding employment of instructional personnel and regulations of the Department of Education."

Board responsibilities changed to department and director

SECTION 326. Section 20-7-3270 of the 1976 Code is amended to read:

"Section 20-7-3270. The department is authorized to charge and collect fees for evaluation and treatment services provided for any person referred or temporarily committed to its facilities either at the evaluation center in Columbia or any center or other facility of the department. Fees may be charged to a parent or guardian or to the public or private agency responsible for the temporary commitment or referral. In cases where insurance coverage is available, fees of treatment or evaluation may be charged to the insurer. No fees shall be charged to any person who is finally committed to a custodial facility of the department and no person shall be denied treatment or evaluation services because of inability to pay for such services. The director shall approve a schedule of maximum charges for the various services of the department, including residential care, and shall review the schedule from time to time. The department shall adopt procedures to determine ability to pay and may authorize its designees to reduce or waive charges based upon their findings. No charge for services rendered by the department may exceed the actual cost of such services at the facility rendering such services. The department shall establish a hearing and review procedure so that parents or legal guardians of a person under the department's jurisdiction may appeal charges made for services or may present to the departmental officials information or evidence which, in their opinion, needs to be considered in establishing charges. The department may utilize all legal procedures to collect lawful claims. All funds collected pursuant to this section shall be deposited with the State Treasurer for use of the department in defraying the cost of services for which such fees may be collected."

Board responsibilities changed to director

SECTION 327. Section 20-7-3280 of the 1976 Code is amended to read:

"Section 20-7-3280. The director is authorized to sell mature trees, other timber and farm products and commodities from lands owned by the department. Prior to the sale of timber, the director shall consult with the State Forester to determine the economic feasibility of and obtain approval for such sales. Funds derived from such sales shall be credited to the account of the department to be used for capital improvements subject to the approval of the Budget and Control Board."

Department name changed

SECTION 328. Section 20-7-3300 of the 1976 Code is amended to read:

"Section 20-7-3300. Records and information of the department pertaining to juveniles shall be confidential as provided in Section 20-7-780; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit such information and records to another department, agency, or school district of state or local government, or private institution or facility licensed by the State as a child serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. Records and information provided to a public or private school by the Department of Juvenile Justice must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60 and committed to the Department of Juvenile Justice, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. The person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as deemed necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."

Board responsibilities given to department

SECTION 329. Section 20-7-3310 of the 1976 Code is amended to read:

"Section 20-7-3310. No person shall be committed to an institution under the control of the department who is seriously handicapped by mental illness or retardation. If, after a person is referred to the Reception and Evaluation Center, it shall be determined that he is mentally ill, as defined in Section 44-23-10, or mentally retarded to an extent that he could not be properly cared for in its custody, the department may institute necessary legal action to accomplish the transfer of such person to such other state institution as in its judgment is best qualified to care for him in accordance with the laws of this State. Such legal actions shall be brought in the resident county of the subject person. The department shall establish standards with regard to the physical and mental health of persons which it can accept for commitment."

Juvenile Parole Board created under department; obsolete language deleted

SECTION 330. Section 20-7-3350 of the 1976 Code is amended to read:

"Section 20-7-3350. There is hereby created under the Department of Juvenile Justice the Board of Juvenile Parole, hereinafter referred to as the parole board. The parole board shall be composed of ten members appointed by the Governor with the advice and consent of the Senate. Of these members, one shall be appointed from each of the six congressional districts and four members shall be appointed from the State at large. If a vacancy occurs on the parole board when the Senate is not in session, the Governor may appoint a member to fill the vacancy and such appointee shall be a de facto member until the Senate acts upon the appointment. Terms of office for the members of the parole board shall be for four years and until their successors are appointed and qualify; provided, however, that of the initial appointments, the Governor shall designate two of such members whose appointments shall be for one year, two for a term of two years, three for a term of three years, and three for a term of four years. Thereafter, appointments shall be made by the Governor in the manner provided for above for terms of four years, such terms to expire on June thirtieth of the appropriate year. No member shall be reappointed to the parole board until two years after the expiration of a full four-year term."

Removal of board member

SECTION 331. Section 20-7-3360 of the 1976 Code is amended to read:

"Section 20-7-3360. A member of the parole board shall be subject to removal by the Governor as provided in Section 1-3-240(C)."

Commissioner and department name changes

SECTION 332. Section 20-7-5420(A) of the 1976 Code is amended to read:

"(A) The State Council on Maternal, Infant, and Child Health shall consist of the following members: (1) the Director of the South Carolina Department of Health and Environmental Control; the State Superintendent of Education or his designee; the State Director of Social Services; Director of the South Carolina Department of Alcohol and Other Drug Abuse Services; the State Director of Mental Health; the State Director of the Department of Disabilities and Special Needs; the Director of the Department of Health and Human Services; the Commissioner of the South Carolina Commission for the Blind; and the Chairman of the Statewide Health Coordinating Council; and (2) a member of the Health Care Planning and Oversight Committee, to be appointed by the chairman; and a member of the Joint Legislative Committee on Children, to be appointed by the chairman. The Governor shall appoint one representative of each of the following organizations as a member of the council: South Carolina Medical Association; South Carolina Chapter of the American Academy of Pediatrics; South Carolina Chapter of the American College of Obstetrics and Gynecology; South Carolina Chapter of the Academy of Family Practice; South Carolina Hospital Association; Medical University of South Carolina; University of South Carolina School of Medicine; Clemson University Extension Service; South Carolina Congress of Parents and Teachers; Developmental Disabilities Council; South Carolina March of Dimes; South Carolina Nurses Association; and South Carolina Perinatal Association. The Governor shall appoint one member from each of the six congressional districts of the State who represents business, civic, community, and religious groups. The Governor may appoint other ex officio members to the council as are needed to provide information to assist in the work of the council."

Continuum of Care established as a Division in Governor's Office

SECTION 333. Section 20-7-5610 of the 1976 Code is amended to read:

"Section 20-7-5610. It is the purpose of this article to develop and enhance the delivery of services to severely emotionally disturbed children and youth and to ensure that the special needs of this population are met appropriately to the extent possible within this State. To achieve this objective, the Continuum of Care for Emotionally Disturbed Children Division is established in the office of the Governor. This article supplements and does not supplant existing services provided to this population."

Board responsibilities changed to division; department name changes

SECTION 334. Section 20-7-5630 of the 1976 Code is amended to read:

"Section 20-7-5630. (A) The Continuum of Care Division must be supported by an advisory council knowledgeable in services to emotionally disturbed children and includes: (1) the chairman of the Joint Legislative Committee on Children or his designee; (2) the chairman of the Joint Committee on Mental Health and Mental Retardation or his designee; (3) one representative from each of the following agencies: (a) Department of Health and Human Services; (b) Department of Mental Health; (c) Department of Disabilities and Special Needs; (d) Department of Juvenile Justice; (e) State Department of Education; (f) South Carolina School for the Deaf and Blind; (g) John De La Howe School; (h) Wil Lou Gray Opportunity School; (i) State Agency of Vocational Rehabilitation; (j) Division for Review of the Foster Care of Children in the Governor's Office; (k) Department of Health and Environmental Control; (l) Department of Social Services. (4) a representative appointed by the Governor from a: (a) child advocacy group; (b) licensed, practicing child psychiatrist; (c) credentialed, practicing child psychologist; (d) parent of a child currently receiving services from the Continuum of Care; (e) designee of the Governor; (f) private provider of services for severely emotionally disturbed children. (B) The term of office for members appointed by the Governor in item (4) of subsection (A) is four years and until their successors are appointed and qualify. The appointments must be made with the advice and consent of the Senate. The terms expire on June thirtieth of the appropriate year. A vacancy must be filled by the Governor for the remainder of the unexpired term, with the advice and consent of the Senate. (C) The advisory council shall elect from its members a chairman for a term of two years. The advisory council shall meet at least quarterly or more frequently upon the call of the chairman. Members of the advisory council not employed by the State or its political subdivisions shall receive per diem, subsistence, and mileage as provided by law for members of state boards, commissions, and committees while engaged in the work of the council."

Governor to employ director; removal procedures; division authorized to promulgate regulations

SECTION 335. Section 20-7-5660 of the 1976 Code is amended to read:

"Section 20-7-5660. The Governor may employ a director to serve at his pleasure who is subject to removal pursuant to the provisions of Section 1-3-240. The director shall employ staff necessary to carry out the provisions of this article. The funds for the director, staff, and other purposes of the Continuum of Care Division must be provided in the annual general appropriations act. The division shall promulgate regulations in accordance with this article and the provisions of the Administrative Procedures Act and formulate necessary policies and procedures of administration and operation to carry out effectively the objectives of this article."

Board responsibilities changed to division

SECTION 336. Section 20-7-5670 of the 1976 Code is amended to read:

"Section 20-7-5670. The Continuum of Care Division shall submit an annual report to the Governor and General Assembly on its activities and recommendations for changes and improvements in the delivery of services by public agencies serving children."

Suspension on removal of magistrate

SECTION 337. Section 22-1-30 of the 1976 Code is amended to read:

"Section 22-1-30. A magistrate may be suspended or removed by order of the Supreme Court pursuant to its rules for incapacity, misconduct, or neglect of duty."

Employment and term of SLED Chief

SECTION 338. Section 23-3-10 of the 1976 Code is amended to read:

"Section 23-3-10. There is created the South Carolina Law Enforcement Division (SLED). The division must be headed by a chief appointed by the Governor with the advice and consent of the Senate and shall hold office until his successor is appointed and qualified. The term of the chief is six years. On the effective date of the provisions of this section providing for a six-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 additional six-year terms. The chief may only be removed pursuant to the provisions of Section 1-3-240 of the 1976 Code. The agents and officers of the division must be commissioned by the Governor upon the recommendation of the chief. The agents and officers shall have that rank or title as may be provided under the State Employees Classification System. The chief may appoint other personnel considered necessary and as provided for in the annual appropriations act. All agents and officers commissioned by the Governor are subject to discharge for cause which must be subject to review as is now provided by law for other state employees."

Additional functions of SLED

SECTION 339. Chapter 3 of Title 23 of the 1976 Code is amended by adding:

"Section 23-3-15. (A) In addition to those authorities and responsibilities set forth in this chapter, the South Carolina Law Enforcement Division shall have specific and exclusive jurisdiction and authority statewide, on behalf of the State, in matters including but not limited to the following functions and activities: (1) the investigation of organized criminal activities or combined state-federal interstate criminal activities, all general criminal investigations, arson investigation and emergency event management pertaining to explosive devices; (2) the maintenance and operation of a statewide comprehensive forensic sciences laboratory; (3) covert investigation of illegal activities pertaining to and the interdiction of narcotics and other illicit substances; (4) operation and maintenance of a central, statewide criminal justice data base and data communication system; (5) establishment and operation of highly specialized, rapid response law enforcement units within the division; (6) operation and regulation of state polygraph examination services; (7) law enforcement, regulation enforcement, and inspections under Title 61; and (8) such other activities as are not inconsistent with the mission of the division or otherwise proscribed by law. (B) No other state agency or department having personnel who are commissioned law enforcement officers may engage in any of the activities herein set forth without the express permission of the Chief of the South Carolina Law Enforcement Division. Any state agencies or departments having commissioned law enforcement personnel shall assist the South Carolina Law Enforcement Division at any time the Chief of SLED requests assistance in carrying out the statutory duties of the division. (C) The South Carolina Law Enforcement Division is responsible for the enforcement of all criminal laws, 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. 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 this agency 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 the South Carolina Law Enforcement Division in the manner provided by law."

Bonds of officers and agents

SECTION 340. Section 23-3-20 of the 1976 Code is amended to read:

"Section 23-3-20. Every officer and agent 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 officer or agent. 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 and agents of the division shall take and subscribe to the oath provided by law for peace officers."

Assignment of personnel

SECTION 341. Section 23-3-25 of the 1976 Code is amended by adding:

"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 divisions within the department to carry out particular duties as assigned by the chief."

Reference deleted

SECTION 342. Section 23-3-160 of the 1976 Code is amended to read:

"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 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."

Department of Public Safety

SECTION 343. (A) Title 23 of the 1976 Code is amended by adding:

"CHAPTER 6

Department of Public Safety

Article 1

General Provisions

Section 23-6-10. For the purposes of this title, the following words, phrases, and terms are defined as follows: (1) `Department' means the Department of Public Safety. (2) `Director' means the chief administrative officer of the Department of Public Safety. (3) `Deputy director' means the administrative head of a division of the department.

Section 23-6-20. (A) The Department of Public Safety is established as an administrative agency of state government which is comprised of a Motor Vehicle Records and Vehicle Inspection Division, a South Carolina Highway Patrol Division, a South Carolina State Police Division, a Division of Public Safety, and a Division of Training and Continuing Education. (B) The functions, powers, duties, responsibilities, and authority statutorily exercised by the following offices, sections, departments, or divisions of the following state agencies as existing on the effective date of this act are transferred to and devolved on the department to include the South Carolina Highway Patrol, the Drivers Training Schools within the Department of Licensing of the Division of Motor Vehicles, the Driver Records Section within the Division of Motor Vehicles, the Financial Responsibility Section within the Division of Motor Vehicles, the Reciprocity Office of the Registration and Reciprocity Section within the Division of Motor Vehicles, the Vehicle Inspection Section within the Division of Motor Vehicles, the Administrative Services Section of the Division of Motor Vehicles and the Safety Office Section of the Division of Finance and Administration of the South Carolina Department of Highways and Public Transportation; the Safety Enforcement Officers of the Office of Enforcement within the Transportation Division of the South Carolina Public Service Commission, and the Governor's Office of Public Safety, together with all assets, liabilities, records, property, personnel, unexpended appropriations, and other funds shall be transferred to the control of the Department of Public Safety. All rules, regulations, standards, orders, or other actions of these entities shall remain in effect unless specifically changed or voided by the department in accordance with the Administrative Procedures Act, or otherwise provided.

Section 23-6-30. The department shall have the following duties and powers: (1) carry out highway and other related safety programs; (2) license suspensions and revocations, including related administrative hearings; (3) maintain an automated system for the storage and retrieval of drivers licensing records; (4) engage in driver training and safety activities; (5) enforce the traffic, motor vehicle, commercial vehicle and related laws; (6) enforce size, weight and safety enforcement statutes relating to commercial motor vehicles; (7) operate a comprehensive law enforcement personnel training program; (8) promulgate such rules and regulations in accordance with the Administrative Procedures Act and Article 7 of this chapter for the administration and enforcement of the powers delegated to the department by law, which shall have the full force and effect of law; (9) operate such programs and disseminate information and material so as to continually improve highway safety; (10) disperse any grant funds made available to the department for purposes and in the manner provided for in this chapter; and (11) do all other functions and responsibilities as required or provided for by law.

Section 23-6-40. (A) The Governor, with the advice and consent of the Senate, shall appoint the director of the department who shall serve a term of four years. The director may only be removed pursuant to the provisions of Section 1-3-240(C). He shall receive such compensation as may be established under the provisions of Section 8-11-160 and for which funds have been authorized in the annual general appropriation act. The term of office for the first appointment under the provisions of this section shall be February 1, 1994 for a term of two years. The Governor shall submit the name of his appointee to the Senate by December first of the year prior to the date on which the term begins. A person appointed by the Governor with the advice and consent of the Senate to fill a vacancy shall serve for the unexpired term only. This shall not prohibit the Governor from reappointing a person who is appointed to fill a vacancy as director of the department. All subsequent appointments shall be made in the manner of the original appointment for a term of four years. (B) The director must administer the affairs of the department and must represent the department in its dealings with other state agencies, local governments, special purpose districts, and the federal government. The director must appoint a deputy director for each division and employ such other personnel for each division and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by statute and for which funds have been authorized in the annual general appropriation act. (C) The deputy director for each division shall serve at the pleasure of the director. Each deputy director may receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the annual general appropriation act.

Section 23-6-50. The director shall annually cause the department to be audited. The audit must be conducted by a certified public accountant or firm of certified public accountants to be selected by the State Auditor. The designated accountant or firm of accountants shall issue audited financial statements in accordance with generally accepted accounting principles, and such financial statements shall be made available annually by October fifteenth to the General Assembly. The costs and expenses of the audit must be paid by the department out of its funds.

Article 3

Highway Patrol Division

Section 23-6-100. (A) There is created a South Carolina Highway Patrol Division and a South Carolina State Police Division within the Department of Public Safety. The South Carolina Highway Patrol Division shall have such troopers, officers, agents and employees as the department may deem necessary and proper for the enforcement of the traffic and other related laws, and the South Carolina State Police Division shall have such troopers, officers, agents and employees as the department may deem necessary and proper for the enforcement of the commercial motor carrier related laws, the enforcement of which is devolved upon the department. Such officers and troopers shall be commissioned by the Governor upon the recommendation of the Director of the Department of Public Safety. Such commissions may be terminated at the pleasure of the director. (B) The department must provide the officers of the Highway Patrol and of the State Police with distinctive uniforms and suitable arms and equipment for use in the performance of their duties. Such officers and troopers shall at all times, when in the performance of their duties, wear complete uniforms with badges conspicuously displayed on the outside of their uniforms. (C) The commanding officers of the South Carolina Highway Patrol and the South Carolina State Police respectively, with the approval of the director of the department, shall prescribe a unique and distinctive official uniform, with appropriate insignia to be worn by all officers 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 the Highway Patrol and the State Police except those designated by the director. 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 Highway Patrol or State Police. An emblem must not be used on a nondepartment motor vehicle, nor may such vehicle be painted in a color or in any manner which would cause the vehicle to be similar to a Highway Patrol or State Police vehicle or readily confused with it. (D) The director 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 and motor vehicles including a description of the color of such uniforms and vehicles and a description and illustration of the official state police uniform with insignia and the emblems of the official state police and motor vehicles including a description of the color of such uniforms and vehicles.

Section 23-6-110. In order to carry out the provisions of Section 23-6-100 in an orderly and economical manner it is intended that all serviceable uniforms be continued in use until such time as the director considers it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles.

Section 23-6-120. Every officer and trooper commissioned pursuant to this chapter shall file a bond, or be covered by a surety bond, with the department in the amount of not less than two thousand dollars, subscribed by a duly licensed surety company, which shall be conditioned on the faithful performance of his duties. The duties include but are not limited to the prompt and proper accounting of all funds coming into his hands, 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, or the payment of damages sustained by any member of the public from any unlawful act of such officer or trooper. 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.

Section 23-6-130. Any violation of Section 23-6-100 may be enjoined by the court of common pleas upon petition of the director after due notice to the person violating the provisions of Section 23-6-100 and after a hearing on the petition.

Section 23-6-140. The patrol of the highways of the State and the enforcement of the laws of the State relative to highway traffic, traffic safety, and motor vehicles shall be the primary responsibility of the troopers and officers of the South Carolina Highway Patrol. The troopers and officers of the State Police shall have the primary responsibility for the enforcement of laws relating to commercial motor carriers relating to size, weight, permits, licensing, and inspections for size and weight tolerance and safety. All officers and troopers shall have the same power to serve criminal processes against offenders as sheriffs of the various counties and also the same power as such sheriffs to arrest without warrants and to detain persons found violating or attempting to violate any laws of the State relative to highway traffic, motor vehicles or commercial motor carriers. These officers and troopers shall also have the same power and authority held by deputy sheriffs for the enforcement of the criminal laws of the State.

Section 23-6-150. When any person is apprehended by a officer upon a charge of violating any laws of the State relative to highway traffic, motor vehicles or commercial motor carriers such person shall immediately be served with an official summons. The person charged may deposit bail with the arresting officer in lieu of being immediately brought before the proper magistrate, recorder, or other judicial officer to enter into a formal recognizance or make direct the deposit of a proper sum of money in lieu of a recognizance or incarceration. The apprehending officer may accept a sum of money as bail, not less than the minimum nor more than the maximum fine, but in no case to exceed two hundred dollars, to be in due course turned over to the judicial officer as money for bail. The bail deposited shall be in lieu of entering into a recognizance for his appearance for trial as set in the aforesaid summons or being incarcerated by the arresting officer and held for further action by the appropriate judicial officer. A receipt for the sum so deposited shall be given to such person by the arresting officer. The summons duly served as herein provided shall give the judicial officer jurisdiction to dispose of the matter. Upon receipt of the fixed sum of money the officer may release the person so charged as above provided for his further appearance before the proper judicial officer as provided for and required by the summons.

Section 23-6-170. No officer or trooper may be promoted to a higher rank until such time as the council adopts a promotion policy for commissioned personnel and officers as provided for in Section 23-6-520.

Article 5

Division of Public Safety

Section 23-6-200. There is created a Division of Public Safety for the development and implementation of safety-related programs. The primary goal of the division is to increase public awareness of safety issues. The goal of the division is to be measured by the collection, recording and maintenance of such statistical information as is necessary to determine the number and type of accidents, fatalities, driving under the influence (DUI) arrests and convictions, and compliance with posted speed limits and the annual increase or decrease thereof. The division shall coordinate the highway safety activities of the various agencies of the state and local governments, including evaluating and making recommendations to the director with respect to grant proposals and other programs submitted by state agencies and political subdivisions for federal and state funds in conjunction with the federal highway program. The division shall maintain current statistical information on motor vehicle accidents, injuries and deaths and their related causation factors, and shall publish this information annually, including any other public safety related information that the division may determine appropriate."

Article 7

Division of Motor Vehicle Records and Vehicle Inspections

Section 23-6-300. There is created a Division of Motor Vehicle Records and Vehicle Inspections. The division shall be responsible for all of those functions, duties and responsibilities exercised by and/or operating under the Motor Vehicle Inspection section, Financial Responsibility section, the Reciprocity Office of the Registration and Reciprocity section, and the Administrative Services section of the Department of Motor Vehicles, including all hearing officers of the Division of Motor Vehicles of the South Carolina Department of Highways and Public Transportation.

Article 9

Division of Training and Continuing Education

Section 23-6-400. (A) There is created a Division of Training and Continuing Education to operate a training program for law enforcement officers and other persons employed in the criminal justice system in this State and to establish and maintain minimum standards in law enforcement selection and training. (B) It is the intent of this article to encourage all law enforcement officers, departments, and agencies within this State to adopt standards which are higher than the minimum standards implemented pursuant to this article, and these minimum standards in no way may be considered sufficient or adequate in those cases where higher standards have been adopted or proposed. Nothing herein may be construed to preclude an employing agency from establishing qualifications and standards for hiring or training law enforcement officers which exceed the minimum standards set by the council, hereinafter created, nor, unless specifically stated, may anything herein be construed to affect any sheriff, constable, or other law enforcement officer elected under the provisions of the Constitution of this State. (C) It is the intent of the General Assembly in creating a facility and a governing council to maximize training opportunities for law enforcement officers and criminal justice personnel, to coordinate training, and to set standards for the law enforcement and criminal justice service, all of which are imperative to upgrading law enforcement to professional status. (D) Whenever used in this article, and for the purposes of this article, unless the context clearly denotes otherwise: (1) `Law enforcement officer' means an appointed officer or employee hired by and regularly on the payroll of the State or any of its political subdivisions, who is granted statutory authority to enforce all or some of the criminal, traffic, and penal laws of the State and who possesses, with respect to those laws, the power to effect arrests for offenses committed or alleged to have been committed. (2) `Council' means the Law Enforcement Training Council created by this article.

Section 23-6-410. The division must establish and maintain a central training facility which must be located near the geographical and population center of the State, and which shall provide facilities and training for all officers from state, county, and local law enforcement agencies and for other designated persons in the criminal justice system; provided, that correctional officers and other personnel employed or appointed by the South Carolina Department of Corrections may be trained by the department. The Deputy Director of the Division of Training and Continuing Education is responsible for selection of instructors, course content, maintenance of physical facilities, recordkeeping, supervision of personnel, scheduling of classes, enforcement of minimum standards for certification, and other matters as may be recommended by the council and approved by the Director of the Department of Public Safety.

Section 23-6-420. (A) There is created a South Carolina Law Enforcement Training Council consisting of fourteen: (1) the Attorney General of South Carolina; (2) the Chief of the South Carolina Law Enforcement Division; (3) the Commanding Officer of the South Carolina Highway Patrol; (4) the Commanding Officer of the South Carolina State Police; (5) the Commanding Officer of the State Natural Resources Police; (6) the Director of the Department of Corrections; (7) the Dean of the University of South Carolina School of Law; (8) one chief of police from a municipality having a population of less than ten thousand; this person to be appointed by the Governor for a term of four years; (9) one chief of police from a municipality having a population of more than ten thousand; this person to be appointed by the Governor for a term of four years; (10) one county sheriff engaged in full-time performance of duties as a law enforcement officer; this person to be appointed by the Governor for a term of four years; (11) one person employed in the administration of any municipality or holding a municipal elective office; this person to be appointed by the Governor for a term of four years; (12) one person employed in the administration of county government or elected to a county governing body; this person to be appointed by the Governor for a term of four years; (13) the special agent in charge of the Federal Bureau of Investigation, Columbia Division; (14) the Director of the Department of Public Safety. (B)(1) The members provided for in (1) through (6) above are ex officio members with full voting rights. (2) The members provided for in (7) through (11) above shall serve terms as herein provided. In the event that a vacancy arises it must be filled for the remainder of the term in the manner of the original appointment or designation. (C) This council shall elect one of its members as chairman and one as vice-chairman; these shall serve a term of one year in this capacity and may be re-elected. The council shall meet at the call of the chairman or at the call of a majority of the members of the council, but no fewer than four times each year. The council shall establish its own procedures with respect to quorum, place, and conduct of meetings. (D) Members of the council shall serve without compensation. (E) A council member who terminates his holding of the office or employment which qualified him for appointment shall cease immediately to be a member of the council; the person appointed to fill the vacancy shall do so for the unexpired term of the member whom he succeeds.

Section 23-6-430. No law enforcement officer employed or appointed on or after July 1, 1989, by any public law enforcement agency in this State is authorized to enforce the laws or ordinances of this State or any political subdivision thereof unless he has been certified as qualified by the council, except that any public law enforcement agency in this State may appoint or employ as a law enforcement officer, a person who is not certified if, within one year after the date of employment or appointment, the person secures certification from the council; provided, that if any public law enforcement agency employs or appoints as a law enforcement officer a person who is not certified, the person shall not perform any of the duties of a law enforcement officer involving the control or direction of members of the public or exercising the power of arrest until he has successfully completed a firearms qualification program approved by the council; and provided, further, that within three working days of employment the council must be notified by a public law enforcement agency that a person has been employed by that agency as a law enforcement officer, and within three working days of the notice the firearms qualification program as approved by the council must be provided to the newly hired personnel. If the firearms qualification program approved by the council is not available within three working days after receipt of the notice, then the public law enforcement agency making the request for the firearms qualification program may employ the person to perform any of the duties of a law enforcement officer, including those involving the control and direction of members of the public and exercising the powers of arrest. Should any such person fail to secure certification within one year from his date of employment, he may not perform any of the duties of a law enforcement officer involving control or direction of members of the public or exercising the power of arrest until he has been certified. He is not eligible for employment or appointment by any other agency in South Carolina as a law enforcement officer, nor is he eligible for any compensation by any law enforcement agency for services performed as an officer. Exceptions to the one-year rule may be granted by the council in these cases: (a) military leave or injury occurring during that first year which would preclude the receiving of training within the usual period of time; or (b) in the event of the timely filing of application for training, which application, under circumstances of time and physical limitations, cannot be honored by the training academy within the prescribed period; or (c) upon presentation of documentary evidence that the officer-candidate has successfully completed equivalent training in one of the other states which by law regulate and supervise the quality of police training and which require a minimum basic or recruit course of duration and content at least equivalent to that provided in this article or by standards set by the South Carolina Law Enforcement Training Council.

Section 23-6-440. (A) At the request of any public law enforcement agency of this State the council is hereby authorized to issue certificates and other appropriate indicia of compliance and qualification to law enforcement officers or other persons trained under the provisions of this article. Members of the council may individually or collectively visit and inspect any training school, class, or academy dealing with present or prospective law enforcement officers, and are expected to promote the most efficient and economical program for police training, including the maximum utilization of existing facilities and programs for the purpose of avoiding duplication. The council may, at the request of the director, make recommendations to the General Assembly or to the Governor regarding the carrying out of the purposes, objectives, and intentions of this article or other acts relating to training in law enforcement. (B) All city and county police departments, sheriffs' offices, state agencies, or other employers of law enforcement officers having such officers as candidates for certification shall submit to the council, for its confidential information and subsequent safekeeping, the following: (1) an application under oath on a format prescribed by council; (2) evidence satisfactory to the council that the candidate has completed high school and received a high school diploma, equivalency certificate (military or other) recognized and accepted by the South Carolina Department of Education or South Carolina special certificate; (3) evidence satisfactory to council of the candidate's physical fitness to fulfill the duties of a law enforcement officer including: (a) a copy of his medical history compiled by a licensed physician or medical examiner approved by the employer; (b) a certificate of a licensed physician that the candidate has recently undergone a complete medical examination and the results thereof; (4) evidence satisfactory to the council that applicant has not been convicted of any criminal offense that carries a sentence of one year or more or of any criminal offense that involves moral turpitude. Forfeiture of bond, a guilty plea, or a plea of nolo contendere is considered the equivalent of a conviction; (5) evidence satisfactory to council that the candidate is a person of good character. This evidence must include, but is not limited to: (a) certification by the candidate's employer that a background investigation has been conducted and the employer is of the opinion that the candidate is of good character; (b) evidence satisfactory to council that the candidate holds a valid current South Carolina driver's license with no record during the previous five years for suspension of driver's license as a result of driving under the influence of alcoholic beverages or dangerous drugs, driving while impaired (or the equivalent), reckless homicide, involuntary manslaughter, or leaving the scene of an accident. Candidates for certification as Class II-SCO (Department of Corrections) in any county with a prison system that borders another State may hold a valid current driver's license issued by any jurisdiction of the United States; (c) evidence satisfactory to council that a local credit check has been made with favorable results; (d) evidence satisfactory to council that candidate's fingerprint record as received from the Federal Bureau of Investigation and South Carolina Law Enforcement Division indicates no record of felony convictions. In the council's determination of good character, council shall give consideration to all law violations, including traffic and conservation law convictions as indicating a lack of good character. The council shall also give consideration to the candidate's prior history, if any, of alcohol and drug abuse in arriving at its determination of good character; (6) a copy of candidate's photograph; (7) a copy of candidate's fingerprints; (8) evidence satisfactory to council that the candidate's present age is not less than twenty-one years. This evidence must include a birth certificate or another acceptable document; (9) evidence satisfactory to council of successful completion of a course of law enforcement training as established and approved by the council, and conducted at an academy or institution approved by the council, this evidence to consist of a certificate granted by the approved institution. (C) A certificate as a law enforcement officer issued by council will either expire three years from the date of issuance or upon discontinuance of employment by the officer with the employing entity or agency. The certification of any law enforcement officer issued by the council that is current on July 1, 1989 will expire in the year 1992 on the last day of the month during which it was issued, or upon discontinuance of employment with the employing entity or agency. Prior to the expiration of the certificate, the certificate may be renewed upon application presented to the council on a form prescribed by council. The application for renewal must be received by council at least forty-five days prior to the expiration of the certificate. If the officer's certificate has lapsed, council may reissue the certificate after receipt of an application and if council is satisfied that the officer continues to meet the requirements of subsections (B)(1) through (B)(9). (D) Council may accept for training as a law enforcement officer an applicant who has met requirements of subsections (B)(1) through (B)(8).

Section 23-6-450. Subject to the approval of the director, the council is authorized to: (a) receive and disburse funds; including those hereinafter provided in this article; (b) accept any donations, contributions, funds, grants, or gifts from private individuals, foundations, agencies, corporations, or the state or federal governments, for the purpose of carrying out the programs and objectives of this article; (c) consult and cooperate with counties, municipalities, agencies, or official bodies of this State or of other states, other governmental agencies, and with universities, colleges, junior colleges, and other institutions, concerning the development of police training schools, programs, or courses of instruction, selection, and training standards, or other pertinent matters relating to law enforcement; (d) publish or cause to be published manuals, information bulletins, newsletters, and other materials to achieve the objectives of this article; (e) make recommendations on such regulations as may be necessary for the administration of this chapter, and advise the director to issue orders directing that public law enforcement agencies comply with this chapter and all regulations so promulgated; (f) certify and train qualified candidates and applicants for law enforcement officers and provide for suspension, revocation, or restriction of the certification, in accordance with regulations promulgated by department; (g) require all public entities or agencies that employ or appoint law enforcement officers to provide records in the format prescribed by regulation of employment information of law enforcement officers; (h) provide by regulation for mandatory continued training of certified law enforcement officers, this training to be completed within each of the various counties which request this training on a regional basis.

Section 23-6-460. An oral or written report, document, statement, or other communication that is written, made, or delivered concerning the requirements or administration of this chapter or regulations promulgated under it must not be the subject of or basis for an action at law or in equity for slander or libel in any court of the State if the communication is between: (1) a law enforcement agency, its agents, employees, or representatives; and (2) the department or the council, its agents, employees, or representatives.

Section 23-6-470. Every fine levied on a criminal or traffic violation in this State must have sums added to it which must be set apart and used for the division's program of training in the fields of law enforcement and criminal justice, and every bond for violations must have added the same amounts which must be set apart on forfeiture for the division's program of training, as follows: (a) Fines or forfeitures up to and including $99.00 $6.00 (b) Fines or forfeitures above $99.00 up to and including $200.00 $25.00 (c) Fines or forfeitures above $200.00 up to and including $500.00 $50.00 (d) Fines or forfeitures above $500.00 up to and including $1,000.00 $100.00 (e) Fines or forfeitures above $1,000.00 $200.00 If a portion of the fine is suspended, the sum added to it as set forth in items (a) through (e) must be based upon the portion of the fine not suspended. In addition to the apportioned amounts set forth in items (a) through (e), twenty-five cents must be added to each fine or forfeiture and be paid over to the South Carolina Law Enforcement Training Council and all funds so collected shall be remitted by the department to the South Carolina Law Enforcement Hall of Fame Committee to defray the cost of erecting and maintaining the Hall of Fame. At any time when funds collected pursuant to this paragraph exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the committee, the department may retain the surplus for use in its law enforcement training programs. The additional portion of fines added by this section for training programs and the South Carolina Law Enforcement Hall of Fame Committee must be assessed and collected by the respective courts or law enforcement officers, who are authorized by law to accept bond, and clearly identified as such on the judgment or bond. Every magistrate, recorder, judge, mayor, clerk of court, or other person who receives monies from fines or bond forfeitures in criminal or traffic cases shall transmit same to the city treasurer of the incorporated city where he performs his official duties, or to the county treasurer of his county in which he performs his official duties, making the transmittal no less frequently than once each month, and doing so on or before the tenth day of the month following the month being reported. The city treasurer or county treasurer shall make a computation on the basis of the scales of fines and forfeitures set out in this article, and this computed sum must be forwarded to the State Treasurer on or before the twentieth day of that month. Any incorporated municipality in this State may enter into a mutual agreement with the county in which it is located, to provide for joint collections, computations, and transmittals under the terms and conditions as the respective bodies may agree; in these cases, receipts and transmittals required by this article must reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all these monies from the named sources. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and city treasurers, and shall deposit such monies in the account and to the credit of the Law Enforcement Building and Maintenance Fund, advising the department and the Law Enforcement Training Council of the receipts and deposits for fiscal and administrative purposes. The amount the above scale provides to be set apart and used for the program of training in the fields of law enforcement and criminal justice and for the South Carolina Law Enforcement Hall of Fame must be added to and be levied above the fine or forfeiture imposed.

Section 23-6-480. (A) Whenever the council advises the director and finds that any public law enforcement agency is in violation of any provisions of this chapter, the director may issue an order requiring the public law enforcement agency to comply with the provision. The director may bring a civil action for injunctive relief in the appropriate court or may bring a civil enforcement action. Violation of any court order issued pursuant to this section must be considered contempt of the issuing court and punishable as provided by law. The director may also invoke the civil penalties as provided in subsection (B) for violation of the provisions of this chapter, including any order or regulation hereunder. Any public law enforcement agency against which a civil penalty is invoked by the director may appeal the decision to the Court of Common Pleas of the county where the public law enforcement agency is located. (B) Any public law enforcement agency which fails to comply with this chapter and regulations promulgated pursuant to this chapter or fails to comply with any order issued by the director is liable for a civil penalty not to exceed one thousand five hundred dollars a violation. When the civil penalty authorized by this subsection is imposed upon a sheriff, the sheriff is responsible for payment of this civil penalty.

Section 23-6-490. When a municipality employs only one law enforcement officer and that officer is attending law enforcement training at the South Carolina Criminal Justice Academy as required by the provisions of Section 23-23-40, the sheriff of the county wherein the municipality is located, or the head of the entity in charge of countywide law enforcement if the county sheriff is not, shall provide systematic patrolling of the municipal area while its law enforcement officer is attending the training.

Section 23-6-495. Whenever, in this article, the term `department' is used, it means the Department of Public Safety and whenever the term `division' is used, it means the Division of Training and Continuing Education of the Department of Public Safety.

Article 11

South Carolina Public Safety Coordinating Council

Section 23-6-500. There is created a council to administer certain responsibilities of the Department of Public Safety and coordinate certain activities between the department, the South Carolina Law Enforcement Division and municipal and county law enforcement agencies. The council is to be known as the South Carolina Public Safety Coordinating Council.

Section 23-6-510. The council is composed of the following persons for terms as indicated: (1) the Governor or his designee, to serve as chairman, for the term of the Governor; (2) the Chief of the South Carolina Law Enforcement Division for the term of office for which he is appointed; (3) the Chairman of the Senate Judiciary Committee for his term of office in the Senate or his designee; (4) the Chairman of the House of Representatives Judiciary Committee for his term of office in the House of Representatives or his designee; (5) the Director of the Department of Public Safety; (6) a sheriff appointed by the Governor for the term of office for which he is elected; (7) a municipal police chief appointed by the Governor for a term of two years. Any vacancy occurring must be filled in the manner of the original appointment for the unexpired portion of the term.

Section 23-6-520. The council has the following duties to: (1) recommend a hiring and promotion policy for commissioned personnel or officers to be administered under the sole authority of the director; (2) establish a process for the solicitation of applications for public safety grants and to review and approve the disbursement of funds available under Section 402 of Chapter 4 of Title 1 of the Federal Highway Safety Program, public law 89-564 in a fair and equitable manner; (3) coordinate the use of department personnel by other state or local agencies or political subdivisions; (4) advise and consult on questions of jurisdiction and law enforcement and public safety activities between the Department of Public Safety, the South Carolina Law Enforcement Division and law enforcement agencies of local political subdivisions.

Section 23-6-530. The council may elect such other officers as it deems necessary from its membership and the members of the council shall serve without pay but are authorized, as eligible, to receive the usual per diem, mileage and subsistence provided for by law.

(B) The Budget and Control Board shall appoint an interim director for the Department of Public Safety who shall serve until February 1, 1994. Any person appointed as interim appointee by the Budget and Control Board shall not be eligible to be appointed as director by the Governor for the initial term of office which begins on February 1, 1994 and ends on January 31, 1996."

Appointment of State Fire Marshal

SECTION 344. Section 23-9-10 of the 1976 Code is amended to read:

"Section 23-9-10. Effective July 1, 1979, the Office of State Fire Marshal is hereby transferred to the Budget and Control Board to operate as a division under the Office of Executive Director. The State Fire Marshal shall have all of the duties and responsibilities formerly exercised by the Chief Insurance Commissioner as State Fire Marshal, ex officio. The State Fire Marshal shall have a Master's Degree from an accredited institution of higher learning and at least four years experience in fire prevention and control or a Bachelor's Degree and eight years experience in fire prevention and control. The Governor shall appoint the State Fire Marshal."

Organization of Office of State Fire Marshal revised

SECTION 345. Section 23-9-10 of the 1976 Code is amended to read:

"Section 23-9-10. The Office of the State Fire Marshal shall hereafter be administered as a division of the Department of Labor, Licensing & Regulation. A director of the Department of Labor, Licensing, and Regulation must be appointed by the governor pursuant to the provisions of Section 40-83-15. The division shall consist of such agents and employees, pursuant to Section 40-73-15, as the director of the department may deem necessarily proper for the enforcement of state and local fire safety codes and standards. The director of the department shall employ a State Fire Marshal, pursuant to Section 40-73-15, to supervise enforcement of the laws and personnel necessary to carry out the duties of this chapter. The State Fire Marshal shall have a Master's Degree from an accredited institution of higher learning and at least four years experience in fire prevention and control or a Bachelor's Degree and eight years experience in fire prevention and control."

Authority to enforce and promulgate regulations

SECTION 346. Section 23-9-60 of the 1976 Code is amended to read:

"Section 23-9-60. The State Fire Marshal shall require conformance with the fire prevention and protection standards based upon nationally recognized standards as may be prescribed by law or regulation for the prevention of fires and the protection of life and property. The Division of the State Fire Marshal shall have the authority to promulgate fire prevention and protection regulations based upon nationally recognized standards for the protection of life and property of the residents of the State from fire."

Reference revised

SECTION 347. Section 23-9-65 of the 1976 Code is amended to read:

"Section 23-9-65. Automatic fueling clips on self-service gasoline dispensers that are permitted in the National Fire Protection Association Pamphlet 30A, 1987 Edition, are permitted to be used in this State. The Division of the State Fire Marshal shall promulgate regulations necessary to implement the provisions of this section."

Appeal provisions revised

SECTION 348. Section 23-9-70 of the 1976 Code is amended to read:

"Section 23-9-70. Whenever the State Fire Marshal, deputy or resident fire marshal shall find, pursuant to examination as provided in Section 23-9-50 of this chapter, any building or other structure which, for any cause, is especially liable to fire and which is so situated as to endanger lives or other property, or is deficient in fire or life protection, an order shall issue in writing directing the defect to be removed or remedied, service of such order shall be made as provided in this chapter and such occupant or owner shall forthwith comply with the terms thereof. If such order is issued by any deputy or resident fire marshal, such occupant or owner may, within twenty-four hours, appeal to the State Fire Marshal, who shall, within ten days, during which time the order appealed from shall be stayed, review the order and file his decision. Provided, however, that any person who feels himself aggrieved by any order or affirmed order of the State Fire Marshal may, within five days after the making or affirming of such order, appeal to an administrative law judge, as provided under Article 5 of Chapter 23 of Title 1, for review of such order and it shall be heard at the first convenient day. In the event a final order entered pursuant to this chapter is not complied with within a period of thirty days from date of service of such final order then the State Fire Marshal shall cause the hazard to be remedied by repair or demolition, and all offensive materials and dangerous conditions removed, at the joint and several expense of the occupant or owner of such building or premises. An itemized statement of costs and expenses shall be furnished the occupant or owner of the premises and the statement shall be satisfied within a period of thirty days, failing which, upon ten days further notice the State Fire Marshal may assess such costs and expenses. Any party aggrieved by an assessment order may appeal to an administrative law judge, as provided under Article 5 of Chapter 23 of Title 1, within a period of ten days from service of such order of assessment. Failing appeal, the order of assessment herein provided shall be filed with the clerk of court of the county wherein such property is located and shall be satisfied by execution and levy as a final judgment duly entered. Provided, however, that in addition to the enforcement procedures authorized in this section, the State Fire Marshal may, when a final order has been issued directing a defect to be removed or remedied and such order is not complied with within thirty days or a greater time if specified in such order, apply to an administrative law judge, as provided under Article 5 of Chapter 23 of Title 1, for an injunction to compel the defect to be removed or remedied and an administrative law judge, if it shall find, that such defect constitutes a dangerous hazard to life or property as set forth in this section, may exercise its injunctive powers to obtain compliance with the order of the State Fire Marshal."

Reference revised

SECTION 349. Section 23-9-90 of the 1976 Code is amended to read:

"Section 23-9-90. In the conduct of any investigation into the cause, origin, or loss resulting from any fire, the State Fire Marshal shall have the same power and rights relative to securing the attendance of witnesses and the taking of testimony under oath as is conferred upon the Director of the Insurance Department or his designee under Section 38-3-180. False swearing by any such witness shall be deemed to be perjury and shall be subject to punishment as such."

Appeal provisions revised

SECTION 350. Section 23-9-150 of the 1976 Code is amended to read:

"Section 23-9-150. All buildings or structures referred to in Section 23-9-40, except single-family dwellings, duplexes or one-story rooming houses, which are unsafe or not provided with adequate egress, or which constitute a fire hazard or are otherwise dangerous to human life, or which in relation to existing use constitute a hazard to safety or health by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment are, severally in contemplation of this section, unsafe buildings. The use and occupancy of all such unsafe buildings is hereby declared illegal and such unsafe conditions shall be corrected by repair, rehabilitation or demolition in accordance with the following procedure: (1) Whenever the State Fire Marshal shall find any building or structure or portion thereof to be unsafe, as defined in this section, he shall give the owner, agent or person in control of such building or structure written notice, stating the defects found to exist. The notice shall require the owner within a reasonable time as determined by the marshal to either complete specified repairs or improvements, or to demolish and remove the building or structure, or unsafe portion thereof. If necessary, such notice shall also require the building, structure or portion thereof to be vacated forthwith and not reoccupied until the specified repairs and improvements are completed, inspected and approved by the State Fire Marshal. (2) The marshal shall cause to be posted at each entrance to such building a notice as follows: `THIS BUILDING IS UNSAFE AND ITS USE OR OCCUPANCY HAS BEEN PROHIBITED BY THE STATE FIRE MARSHAL.' Such notice shall remain posted until the required repairs are made or demolition is completed. It shall be unlawful for any person, firm or corporation, or its agents, to remove such notice without written permission of the State Fire Marshal, or for any person to enter the building except for the purpose of making the required repairs or demolishing such building. (3) The owner, agent or person in control of any building subject to repair may appeal any decision of the Fire Marshal to an administrative law judge, as provided under Article 5 of Chapter 23 of Title 1. Emergency decisions of the fire marshal are not stayed pending appeal. (4) If the owner, agent or person in control of a property cannot be found within the stated time limit or, if such owner, agent or person in control shall after notice fail, neglect or refuse to comply with notice to repair, rehabilitate, demolish or remove the building or structure or portion thereof, the State Fire Marshal shall cause such building, structure or portion thereof to be vacated and secured."

Reference changed

SECTION 351. Section 23-9-155 of the 1976 Code is amended to read:

"Section 23-9-155. Every dwelling unit within an apartment house having no fire protection system must be provided with an approved listed smoke detector, installed in accordance with the manufacturer's recommendation and listing. The smoke detector must be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to each group of rooms used for sleeping purposes. Where the dwelling unit contains more than one story, detectors are required on each story including cellars and basements, but not including uninhabitable attics. In dwelling units with split levels, a smoke detector must be installed only on the upper level, if the lower level is less than one full story below the upper level, except that if there is a door between levels then a detector is required on each level. Detectors must be connected to a sounding device or other detector to provide an alarm which must be audible in the sleeping areas. Smoke detectors must be listed and meet the installation requirements of National Fire Protection Association Standard 72A and National Fire Protection Association Standard 74. If the smoke detector malfunctions, and the malfunctioning is caused by the tenant's intentional or negligent act, the landlord is not liable for damage caused by the malfunctioning of the device if the fire causing the damage is not the result of the landlord's intentional or negligent act. If the smoke detector malfunctions, and the malfunctioning is caused by the negligent production of the device, the landlord is not liable for damage caused by the malfunctioning if the landlord had no knowledge of the defective condition and exercised reasonable care in the acquisition and installation of the device, and if the fire causing the damage is not the result of the landlord's intentional or negligent act. The Division of the State Fire Marshal shall promulgate regulations to carry out the provisions of this section. Notwithstanding any other provision of law, this section shall take effect one year after approval by the Governor."

Judicial reference revised

SECTION 352. Section 23-9-170 of the 1976 Code is amended to read:

"Section 23-9-170. Any person who interferes with the action of the Fire Marshal or his agents in the enforcement of his orders shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not more than one hundred dollars or imprisoned for not more than thirty days. The Fire Marshal is further authorized to obtain injunctive relief from an administrative law judge pursuant to Article 5 of Chapter 23 of Title 1 to prevent interference with his orders or the implementation thereof."

Judicial reference revised

SECTION 353. Section 23-9-180 of the 1976 Code is amended to read:

"Section 23-9-180. The orders of the Fire Marshal in a situation determined by him to be an emergency and dangerous to public safety shall not be stayed by order of an administrative law judge pursuant to Article 5 of Chapter 23 of Title 1 pending a hearing on the merits of an appeal from such an order."

Appointing and supervisory authorities revised

SECTION 354. Section 23-9-210 of the 1976 Code is amended to read:

"Section 23-9-210. There is created the State Arson Control Program (program) under the office of the State Fire Marshal which shall provide administrative and logistical support to the program. The State Arson Control Program shall have an advisory committee which must be composed of six members appointed by the Governor for terms of four years each and until their successors are appointed and qualify, except that of those members first appointed, three must be appointed for terms of two years each. One member must be a law enforcement officer, one must be engaged in fire service, one must be a chemist, one must be an insurance agent, one must be a member of the general public representing the consumer, and one must be employed by an insurer licensed to do business in this State. Vacancies on the committee must be filled for the remainder of the unexpired term in the same manner of original appointment. This committee shall submit to the Director of the Department of Labor, Licensing & Regulation an annual report which is prepared by the office of the State Fire Marshal concerning the operation and effectiveness of the State Arson Control Program. The State Law Enforcement Division shall contract with the office of the State Fire Marshal to provide all necessary laboratory services and analyses for the program."

References changed and membership revised

SECTION 355. Section 23-10-10 of the 1976 Code is amended to read:

"Section 23-10-10. The State Fire Marshal shall have sole responsibility for the operation of the South Carolina Fire Academy (Academy). The Academy is operated for the express purpose of upgrading the state's fire service personnel-paid, volunteer, and industrial. All buildings, facilities, equipment, property, and instructional materials which are now or become a part of the Academy shall remain assigned to the Academy and may not be integrated with any other local or state agency, association, department, or technical education center, without the consent of the Director of the Department of Licensing, or his designee. There is created the South Carolina Fire Academy Advisory Committee which shall advise and assist the State Fire Marshal in developing a comprehensive training program based upon the needs of the fire service in this State. Membership on the committee shall include: (A) the Chairman and appointed members of the Fire School Committee of the South Carolina State Firemen's Association. The Chairman of the Fire School Committee also shall serve as the Chairman of the South Carolina Fire Academy Advisory Committee; (B) one member from the South Carolina Fire Chief's Association appointed by the president; (C) one member from the South Carolina Fire Inspectors Association appointed by the president; (D) one member from the South Carolina Society of Fire Service Instructors Association appointed by the president; (E) one member from the Professional Firefighters Association appointed by the president; (F) one member from the South Carolina Chapter of International Association of Arson Investigators appointed by the president; (G) the Director of the South Carolina Fire Academy who shall serve as secretary without voting privileges. Membership from the South Carolina Fire Academy is limited to the director only; (H) one industrial fire protection representative appointed by the president of the South Carolina Chapter of the American Society of Safety Engineers; (I) the Executive Director of the South Carolina State Firemen's Association who shall serve as a member ex officio without voting privileges; (J) the State Fire Marshal as ex officio without voting privileges; (K) one member from higher education having experience and training in curriculum development appointed by the Director of the Department of Labor, Licensing and Regulation."

References revised

SECTION 356. Section 23-23-30(A)(4) of the 1976 Code is amended to read:

"(4) the Director of the South Carolina Department of Natural Resources;"

Organization of Hall of Fame and membership of committee

SECTION 357. Section 23-25-20 of the 1976 Code is amended to read:

"Section 23-25-20. (A) The South Carolina Hall of Fame shall hereafter be administered as a division of the Department of Public Safety. (B) To plan, enact, and administer the Hall of Fame, there is hereby created the Law Enforcement Officers Hall of Fame Committee. The committee shall consist of the following ex officio members: (1) the Chief of the South Carolina Law Enforcement Division, who shall serve as chairman; (2) the commanding officer of the Highway Patrol and the commanding officer of the State Police; (3) the Director of the Department of Corrections; (4) the Secretary of the South Carolina Sheriffs' Association; (5) the Executive Director of the South Carolina Law Enforcement Officers Association; (6) the President of the South Carolina Police Chiefs' Association, or his designee; (7) a representative of the Division of Natural Resources Police, to be appointed by the Director of the Department of Natural Resources; and (8) the Director of the Department of Public Safety. (C) All members of the committee may designate persons to represent them at meetings they are unable to attend."

Procedures of committee

SECTION 358. Section 23-25-40 of the 1976 Code is amended to read:

"Section 23-25-40. The committee shall establish procedures and regulations for the nomination of members of the Hall of Fame. All selections of persons for Hall of Fame membership shall be made by a majority vote of the total membership of the committee. Meetings of the committee shall be held at least quarterly, and more frequently at the call of the chairman. The committee shall establish its own rules of procedure. Members shall not receive compensation for their services with the committee but shall be allowed the usual mileage, per diem and subsistence provided by law for boards, committees and commissions. The committee is authorized to employ clerical assistance as the director deems necessary to perform its functions as prescribed in this chapter from funds made available as provided in Section 23-23-70."

References revised

SECTION 359. Section 23-28-120 of the 1976 Code is amended to read:

"Section 23-28-120. The provisions of this chapter shall not apply to deputy enforcement officers of the Natural Resources Enforcement Division of the South Carolina Department of Natural Resources."

References revised

SECTION 360. Section 23-31-140(A)(5) and (F) of the 1976 Code are amended to read:

"(5) South Carolina driver's license number or Department of Revenue and Taxation identification card number or, in the case of an applicant on active duty in the United States military, the number from the applicant's current United States military identification card; (F) No person may purchase a pistol from a dealer unless he is a resident of this State. For the purpose of this article, the possession of a valid South Carolina driver's license or Department of Revenue and Taxation identification card constitutes proof of residency. However, residency is not required of a person who is on active duty in the United States military and who is in possession of a current United States military identification card."

Name change

SECTION 361. Section 23-33-20 of the 1976 Code is amended to read:

"Section 23-33-20. Before any person shall fire or attempt to fire or discharge any missile within the borders of this State, he shall first procure a written permit from the Aeronautics Division of the Department of Commerce on such form as it may prescribe."

Reference revised

SECTION 362. Section 23-35-70(3) of the 1976 Code is amended to read:

"(3) Each retailer is required to procure an annual license or permit at a cost of fifty dollars which shall authorize the licensee to sell permissible fireworks. The license or permit must be obtained from the municipal clerk, or comparable municipal official, for retail sales within a municipality, after approval of the applicant and his place of business by the municipal fire chief serving such municipality; or, from the county clerk of court for retail sales in the county outside a municipality after approval of the applicant and his place of business by the county sheriff. No permit may be issued to an applicant until the premises where the fireworks are to be kept for the purpose of sale have been inspected and it is determined that the building and the facilities within the building meet safety standards for the storage and sale of permissible fireworks. The issuance of the permit is subject to regulations promulgated by the State Board of Pyrotechnic Safety governing the storage, safekeeping, and sale of fireworks. No person or firm may be issued a retail license who is not already licensed by the State Department of Revenue and Taxation for sales tax purposes and who has not held the sales tax license for at least sixty days. Permits issued to retailers must be prominently displayed. No permit provided for herein may be transferred nor shall a person be permitted to operate under a permit issued to any other person."

Reference revised

SECTION 363. Section 23-35-140 of the 1976 Code is amended to read:

"Section 23-35-140. Notwithstanding any other provisions of law, the Division of the State Fire Marshal shall issue rules and regulations regarding the storage, transportation, sale and use of permissible fireworks within this State. Such regulations may prescribe, but shall not be limited to, quantity of fireworks that may be kept, the manner of transporting fireworks within the State, the type of buildings or structures where such fireworks may be kept, sold or used, the manner of storage of fireworks within such buildings or structures and such other matters that may be necessary to protect lives and property. Violations of such regulations when duly promulgated shall be punished as provided for in Section 23-35-150."

Name and judicial reference revised

SECTION 364. Section 23-36-80 of the 1976 Code is amended to read:

"Section 23-36-80. The Division of the State Fire Marshal shall promulgate regulations setting forth minimum general standards covering the use, sale, handling, and storage of explosive materials. The regulations must be in substantial conformity with generally accepted standards of safety concerning these subject matters. Regulations in substantial conformity with the published rules and suggested standards of the Institute of Makers of Explosives are considered in substantial conformity with accepted standards of safety. All procedures with regard to the revocation, suspension, or denial of licenses and permits shall be handled by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1. The State Fire Marshal is the enforcement authority of this chapter."

Employment provisions revised

SECTION 365. Section 23-36-160 of the 1976 Code is amended to read:

"Section 23-36-160. The Director of the Department of Labor, Licensing & Regulation, pursuant to Section 40-73-15, may employ such personnel as may be necessary to carry out the provisions of this chapter. The agents employed by the Division of the State Fire Marshal shall have statewide authority, the power of arrest, and all other powers and authority of duly certified law enforcement officers of the State."

References revised

SECTION 366. Section 23-41-30(c) of the 1976 Code is amended to read:

"(c) When an insurance company denies payment of a claim to an insured on grounds of arson, false swearing, material misrepresentation, fraud, or similar claim or defense such insurer shall in all cases notify in writing the Director of the Department of Insurance. The Director of the Department of Insurance may notify, after the investigation, an authorized agency if he considers the action to be appropriate."

Reference revised

SECTION 367. Section 23-41-30(f) of the 1976 Code is amended to read:

"(f) Any insurance company or authorized agency which notifies the Director of the Department of Insurance or provides or releases information, whether oral or written, and any person acting in their behalf, pursuant to this chapter is immune from any liability arising out of such notification or release."

Definition deleted

SECTION 368. Section 23-43-20 of the 1976 Code is amended to read:

"Section 23-43-20. As used in this chapter: (1) `Council' means the South Carolina Building Codes Council as established by Section 6-9-60. (2) `Modular building unit' means any building of closed construction, regardless of type of construction or occupancy classification, other than a mobile or manufactured home, constructed off-site in accordance with the applicable codes, and transported to the point of use for installation or erection. (3) `Installation' means the assembly of modular building structures on-site and the process of affixing modular buildings related components to land, a foundation, footings, utilities, or an existing building. (4) `Local government' means any political subdivision of the State with authority to establish standards and requirements applicable to the construction, installation, alteration, and repair of buildings. (5) `Mobile home' or `manufactured home' means any residential dwelling unit constructed to standards and codes as promulgated by the United States Department of Housing and Urban Development. (6) `Approved inspection agency' means an agency approved by the council to provide plan review and approval, evaluation, and inspection in addition to adequate follow-up services at the point of manufacture to insure that production units are in full compliance with the provisions of this chapter. (7) `Point of manufacture' means the place of business at which machinery, equipment, and other capital goods are assembled and operated for the purpose of fabricating, constructing, or assembling modular building units. (8) `Fees' means monies to be paid to the council from any person engaged in the manufacture, inspection, or installation of modular building units. (9) `Certification' means conforming to the regulations of the council. (10) `Certification label' means the approved form of certification by the council issued to the manufacturer that is permanently affixed to each transportable section of each factory-built modular structure for sale within the State."

Reference revised

SECTION 369. Section 23-43-70 of the 1976 Code is amended to read:

"Section 23-43-70. The council shall have printed all regulations prescribing standards for modular building units, and they must be furnished upon request to the public."

Name and review provisions revised

SECTION 370. Section 23-43-110 of the 1976 Code is amended to read:

"Section 23-43-110. The council shall suspend or revoke, or cause to be suspended or revoked, the certification of any modular building unit which the council finds not to comply with this chapter or regulations promulgated by authority of this chapter, or which has been manufactured pursuant to a building system or compliance assurance program as to which approval has been suspended or revoked, or which has been altered after certification. If the manufacturer fails to comply with a corrective order, labels of certification must be removed from any modular building unit until it is brought into compliance with this chapter and applicable regulations. Notice of suspension or revocation of certification must be in writing with the reasons for suspension or revocation set forth. Suspensions or revocations may be appealed to the Modular Buildings Board of Appeals. Any decision by the board to suspend, revoke, or otherwise restrict the certification of any modular building unit shall be by majority vote and shall be subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1."

Examination of modular building unit

SECTION 371. Section 23-43-140 of the 1976 Code is amended to read:

"Section 23-43-140. Any member, officer or agent of the Building Council may at all reasonable hours enter any modular building unit, upon complaint of any person having a direct interest therein, for examination as to compliance with the regulations of the council. Whenever the officer finds any violation of the regulations, he shall order the manufacturer to bring the unit into compliance, within a reasonable time, to be fixed in the order. If the manufacturer feels aggrieved by the order, it may, within ten days after receipt, appeal to the Modular Buildings Board of Appeals. The manufacturer's complaint must be reviewed by the Modular Buildings Board of Appeals. Unless a variance is granted, the order shall remain in force and must be complied with by the manufacturer."

Judicial procedures revised

SECTION 372. Section 23-43-180 of the 1976 Code is amended to read:

"Section 23-43-180. The council may obtain injunctive relief from an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 to enjoin the sale, delivery, or installation of modular building units or of buildings utilizing such components, for which certification is required under this chapter, upon an affidavit of the council specifying the manner in which the modular building units do not conform to the requirements of this chapter or applicable regulations. The council may obtain injunctive relief from an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 to enjoin any local government from promulgating, adopting, or enforcing any ordinance, rules, regulations, or construction codes and standards for modular building units which are not consistent with this chapter."

Board of Corrections abolished, department restructured

SECTION 373. Section 24-1-40 of the 1976 Code is amended to read:

"Section 24-1-40. The department shall be governed by a director appointed by the Governor with the advice and consent of the Senate. Any vacancy occurring for any cause shall be filled by the Governor in the manner provided for by law for the unexpired term. The director shall be subject to removal from office as provided in Section 1-3-240."