Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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and effective method of placing these officers within a law enforcement Division in the Department."

SECTION . Chapter 6, Title 23 of the 1976 Code is amended by adding:

"Section 23-6-145. A commissioned and uniformed officer of the Department may, upon reasonable belief that any vehicle is being operated in violation of any provision of statutory law, require the driver thereof to stop and exhibit the registration card issued for the vehicle, the individual's drivers license, and submit to an inspection of such vehicle and license plates."

SECTION . Section 23-6-300 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 23-6-300. There is created a Division of Motor Vehicle Records and Vehicle Inspections Motor Vehicle Division within the department. The division shall be responsible for all of those functions, duties and responsibilities previously 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."

SECTION . The last sentence of Section 23-11-110(A)(5) of the 1976 Code, as last amended by Act 19 of 1993, is further amended to read:

"For purposes of this section, a `certified law enforcement officer' is a person who has been issued a certificate as a law enforcement officer pursuant to Section 23-23-50 23-6-400(D)(1)."

SECTION . Section 23-11-110(C) of the 1976 Code is amended to read:

"After December 31, 1988, every Every newly-elected sheriff in his first term is required to complete a training session to be determined by the South Carolina Criminal Justice Training Council pursuant to Title 23, Chapter 6 of the 1976 Code, to be conducted by the South Carolina Criminal Justice Academy or an otherwise approved academy certified by the South Carolina Training Council or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly-elected sheriff's term of office. A newly-elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly-elected sheriffs. A newly-elected sheriff who does not fulfill the obligations of


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this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction."

SECTION . Chapter 25 of Title 23, as last amended by Act
181 of 1993, is further amended to read:

"CHAPTER 25

Law Enforcement Officers Hall of Fame

Section 23-25-10. There is hereby established the South Carolina Law-Enforcement Law Enforcement Officers Hall of Fame as a memorial to law-enforcement law enforcement officers killed in the line of duty and in recognition of the selfless dedication of all law-enforcement law enforcement officers in the day-to-day performance of their duties. The Hall of Fame shall be located on the grounds of the South Carolina Law-Enforcement Law Enforcement Academy at Columbia.

Section 23-25-20. (A) The South Carolina Hall of Fame shall hereafter be administered as a division an office of the Department of Public Safety.

(B) To plan, enact, and administer the Hall of Fame, there is hereby There is created the a Law Enforcement Officers Hall of Fame Advisory Committee. The committee shall consist of the following ex officio members:

(1) the director of the Department of Public Safety, who shall serve as chairman; the Chief of the South Carolina State Law Enforcement Division , who shall serve as chairman;

(2) the Chief of the South Carolina State 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; and

(7) a representative of the Natural Resources Enforcement 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 Members of the advisory committee may designate persons to represent them at meetings they are unable to attend.

Section 23-25-30. It shall be the responsibility of the advisory Committee committee created by Section 23-25-20 to plan, erect and


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maintain to assist the department in planning, erecting, and maintaining the Hall of Fame in the manner it shall determine appropriate but generally in accordance with the following guidelines:

(a) All officers from all agencies in the law-enforcement system shall be eligible for entry into the Hall of Fame.

(b) The names of all officers killed in the line of duty whose deaths under those circumstances can be established by creditable records shall be entered into the Hall.

(c) Any officer who performs an act or series of acts over and above the regular call of duty may become eligible for the Hall when so elected by the advisory Committee committee whether or not such act or acts resulted in death or injury to the officer concerned.

(d) Any officer whose continued record of excellence over a period of years is manifestly outstanding may be elected to the Hall by the advisory Committee committee.

(e) Suitable plaques inscribed with the names of those selected for the Hall shall be erected.

(f) Within the limits of funds provided, the Hall of Fame shall include museum-type displays of objects and equipment of unusual interest used by law enforcement officers or otherwise related to law enforcement.

(g) Provide tours and related safety and educational programs to the public.

Section 23-25-40. The advisory 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 advisory committee.

Meetings of the advisory committee shall be held at least quarterly, and more frequently at the call of the chairman. The advisory committee shall establish its own rules of procedure. Members shall not receive compensation for their services with the advisory 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."

SECTION . Section 23-28-20(C)(3) of the 1976 Code, as last amended by Act 85 of 1995, is further amended to read:

"(3) Successfully complete a course of training specified by the South Carolina Law Enforcement Training Advisory Council pursuant to Title 23, Chapter 6 and endorsed by the chief or sheriff who appoints them."


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SECTION . The first paragraph of Section 23-28-30 of the 1976 Code is amended to read:

"No reserve shall assume any police function until he has successfully completed a course of training of at least sixty hours and passed a comprehensive test prepared by the South Carolina Criminal Justice Academy and administered by the local law enforcement agency. The sixty hours of training shall be promulgated by the South Carolina Law Enforcement Training Council Criminal Justice Academy Division of the Department of Public Safety, endorsed by the appointing official and shall include, but not be limited to:"

SECTION . The first paragraph of Section 23-28-40 of the 1976 Code is amended to read:

"This training may be provided locally or regionally but shall be subject to approval of the South Carolina Law Enforcement Training Council Criminal Justice Academy Division of the Department of Public Safety. If disapproved, the Training Advisory Council shall designate a representative to confer with the chief to make acceptable program changes. Within reason, and subject to academy schedules, academy staff may assist in the training."

SECTION . The second paragraph of Section 23-28-60 of the 1976 Code is amended to read:

"Identification cards registering a reserve's status may be issued by the South Carolina Law Enforcement Training Council Criminal Justice Academy Division of the Department of Public Safety upon request by the chief and assuring the council that all minimum requirements have been met."

SECTION . Section 23-28-80 of the 1976 Code is amended to read:

"Section 23-28-80. Any reserve who has been in active status for at least two years who desires to become a full-time law enforcement officer may, upon application of his chief to the South Carolina Law Enforcement Training Council and upon and completion of other existing requirements, be accepted at the South Carolina Criminal Justice Academy for such additional hours of training as deemed necessary by the director of the academy."

SECTION . The first sentence of Section 23-28-90 of the 1976 Code is amended to read:

"Any currently certified full-time law enforcement officer who leaves his position under honorable conditions may, within twelve months, at the request of his chief and with the concurrence of the South Carolina Law Enforcement Training Council Department of Public Safety, be issued a registration card identifying him as a member of the reserve."


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SECTION . Section 23-31-140(A) and (F) of the 1976 Code, as amended by Act 181 of 1993, are further amended to read:

"(A) Before the purchase of a pistol, the purchaser shall complete an application in triplicate in the presence of the dealer. The application to be furnished by the division must contain the applicant's (1) name; (2) residence and business address; (3) date and place of birth; (4) social security number; (5) South Carolina driver's license number or Department of Revenue and Taxation Public Safety 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 Public Safety 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."

SECTION . Section 23-47-20(C)(15) of the 1976 Code, as added by Act 245 of 1991, is further amended to read:

"(15) telecommunication operators or dispatchers trained and certified by the Law Enforcement Training Council (South Carolina Criminal Justice Academy) Criminal Justice Academy Division of the Department of Public Safety. The council Department of Public Safety shall promulgate regulations to provide for this training. Expense of the training must be paid by the local government by which that person is employed and the council department is authorized to establish and collect a fee for this training;"

SECTION . Section 24-3-110 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 24-3-110. The State Department of Corrections may purchase the machinery and establish a plant for the purpose of manufacturing motor vehicle license plates and metal road signs. The charge for license plates and metal road signs sold to the Department of Revenue and Taxation Public Safety and the Department of Transportation shall be in line with the prices previously paid private manufacturers and all state motor vehicle license plates, metal road signs and other signs capable of being manufactured by such a plant shall be purchased through the Department of Corrections and manufactured by it. The Department of Revenue and Taxation Public Safety may prescribe the specifications of plates and the Department of Transportation may prescribe the


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specifications of signs used, the specifications to include colors, quality, and quantity."

SECTION . Section 31-17-320(B) of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"(B) Before issuing a license for a mobile home to be located in any county in this State, the licensing agent shall require from the person applying for the license either a copy of the certificate of title to the mobile home, or a copy of the completed application for a certificate of title submitted to the Division of Motor Vehicles of the South Carolina Department of Revenue and Taxation Public Safety. Upon satisfaction of all county licensing requirements, including payment of any licensing fee, the county licensing agent shall give the license applicant a certified copy of the application form, indicating that the licensing requirements have been met."

SECTION . Section 31-17-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 31-17-340. A mobile home license issued by the licensing agent shall be valid until title to such mobile home is transferred to a new owner or until the mobile home is relocated. The license shall be evidenced by a decal to be delivered to the owner or his agent on a such form as shall be prescribed by the South Carolina Department of Revenue and Taxation and shall be displayed on the mobile home so as to be clearly and readily visible from the outside. The fee for a mobile home license shall be five dollars. The fee shall be collected by the licensing agent issuing the license and shall be paid into the general fund of the county."

SECTION . Section 31-17-360 of the 1976 Code, as last amended by Act 506 of 1994, is further amended to read:

"Section 31-17-360. If the mobile home is to be relocated, the owner, rental agent, or person in possession, prior to relocation, shall obtain a moving permit from the licensing agent. Before issuing a moving permit, the licensing agent shall require a certificate from the county treasurer that there are no unpaid taxes due on the mobile home and either a copy of the certificate of title to the mobile home, or a copy of the completed application for a certificate of title submitted to the Division of Motor Vehicles of the Department of Revenue and Taxation Public Safety. If the mobile home is to be removed beyond the boundaries of the county, any taxes that have been assessed for that calendar year must be paid in full, and if taxes have not yet been assessed for the calendar year in which the move is being made, the assessor shall provide the county auditor with an assessment and the auditor shall apply the previous year's millage. The


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county treasurer shall collect the taxes before issuing the requisite certificate to the licensing agent, and upon payment of any taxes, give the permit applicant a receipt showing that all taxes have been paid.

The licensing agent shall promptly notify the present electric supplier that a permit has been issued. The permit required by this section is not required of mobile home dealers when they are moving a mobile home from their sales lot to a customer's lot, but the mobile home dealer is not relieved from obtaining any permit required from the Department of Revenue and Taxation Transportation for the relocation."

SECTION . Section 31-17-380 of the 1976 Code, as amended by Act 506 of 1994, is further amended to read:

"Section 31-17-380. If the relocation is from one county to another, the owner, rental agent, or person in possession of the mobile home, within fifteen days after his mobile home is relocated, shall submit the moving permit to the licensing agent of the county in which the mobile home is relocated and obtain a new license pursuant to Section 31-17-320. The licensing agent issuing the moving permit shall promptly furnish the licensing agent of the county to which the mobile home is being transported with a copy of the certified license application or permit, a copy of the paid tax receipt from the county from which the home is being moved, and either a copy of the certificate of title or a copy of the completed application for a certificate of title submitted to the Division of Motor Vehicles of the Department of Revenue and Taxation Public Safety."

SECTION . Section 31-17-410(A) of the 1976 Code, as amended by Act 506 of 1994, is further amended to read:

"(A) Contemporaneously with the submission of an application for a certificate of title on a mobile or manufactured home as required by Section 56-19-240, the person submitting the application shall provide to the auditor of the county in which a mobile or manufactured home is to be located, a copy of the completed application submitted to the Division of Motor Vehicles of the Department of Revenue and Taxation Public Safety."

SECTION . Section 36-9-307(4) of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"(4) In the case of a purchase of a motor vehicle made pursuant to the provisions of Section 29-15-10, the buyer takes free of a security interest even though perfected, and the Department of Revenue and Taxation Public Safety shall upon request issue a new title free and clear of prior liens and encumbrances."


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SECTION . Section 36-9-319 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 36-9-319. Notwithstanding Section 36-9-311, any person who sells or disposes of any personal property subject to a security interest, except for personal property titled by the Department of Revenue and Taxation Public Safety or the Natural Resources Enforcement Division of the South Carolina Department of Natural Resources, without the written consent of the secured party, and fails to pay the debt secured by the security interests within ten days after sale or disposal or fails in this time to deposit the amount of the debt with the clerk of the court of common pleas for the county in which the secured party resides is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than one year, or both. This section does not apply when the sale is made without knowledge or notice of the security interest by the person selling the property. When the value of the property is less than two thousand five hundred dollars, the offense is triable in the magistrate's court and the punishment must be not more than is permitted by law without presentment or indictment by the grand jury. Otherwise, the offense is triable in the court of general sessions."

SECTION . Section 38-55-530(A) of the 1976 Code, as amended by an Act of 1996 bearing ratification number 303, is further amended to read:

"(A) `Authorized agency' means any duly constituted criminal investigative department or agency of the United States or of this State; the Department of Insurance; the Department of Revenue and Taxation; the Department of Public Safety; the Workers' Compensation Commission; the State Accident Fund; the Second Injury Fund; the Employment Security Commission; the Department of Consumer Affairs; the Human Affairs Commission; the Department of Health and Environmental Control; the Department of Social Services; the Department of Health and Human Services; the Department of Labor, Licensing, and Regulation; all other state boards, commissions, and agencies; the Office of the Attorney General of this State; or the prosecuting attorney of any judicial circuit, county, municipality, or political subdivision of this State or of the United States, and their respective employees or personnel acting in their official capacity."

SECTION . Section 38-55-570(C) of the 1976 Code, as amended by an act of 1996 bearing ratification number 303, is further amended to read:

"(C) Any authorized agency provided with or obtaining information relating to a suspected false statement or misrepresentation as provided for


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above may release or provide the information to any other authorized agency. The Department of Insurance, the Department of Revenue and Taxation, and the Department of Public Safety shall report, but not adjudicate, all cases of suspected or reported false statement or misrepresentation to the Insurance Fraud Division of the Office of Attorney General for appropriate investigation or prosecution, or both. The Workers' Compensation Commission may refer such cases as provided in Section 42-9-440."

SECTION . Section 38-73-455(A)(2) and (4) of the 1976 Code is amended to read:

"(2) has had convictions for driving violations on three or more separate occasions within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Motor Vehicle Division of the Department of Revenue and Taxation Department of Public Safety; or

(4) has had one `chargeable' accident and two convictions for driving violations, all occurring on separate occasions, within the thirty-six months immediately preceding the effective date of coverage as reflected by the motor vehicle record of each insured driver as maintained by the Motor Vehicle Division of the South Carolina Department of Revenue and Taxation Department of Public Safety; or"

SECTION . Section 38-77-113 of the 1976 Code is amended to read:

"Section 38-77-113. If a driver's license is suspended or revoked because the licensee is determined by the Motor Vehicle Division of the South Carolina Department of Revenue and Taxation Department of Public Safety to have no motor vehicle liability insurance, the Deputy Director of the Motor Vehicle Division or the Director of the Department of Revenue and Taxation director of the Department of Public Safety or his designee on behalf of the Motor Vehicle Division shall waive the reinstatement fee imposed pursuant to Section 56-1-390 if the licensee had motor vehicle liability coverage when his license was suspended or revoked. The Deputy Director of the Motor Vehicle Division, or the Director of the Department of Revenue and Taxation or his designee, and shall document his the reasons for waiving the fee in the records of the Department of Revenue and Taxation Public Safety."

SECTION . Section 38-77-340 of the 1976 Code is amended to read:

"Section 38-77-340. Notwithstanding the definition of `insured' in Section 38-77-30, the insurer and any named insured must, by the terms of a written amendatory endorsement, the form of which has been approved by the director or his designee, agree that coverage under such a policy of liability insurance shall not apply while the motor vehicle is


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being operated by a natural person designated by name. The agreement, when signed by the named insured and the person to be excluded, or by someone acting in the excluded person's behalf, is binding upon every insured to whom the policy applies. However, no natural person may be excluded unless (1) his driver's license has been turned in to the Motor Vehicle Division of the South Carolina Department of Revenue and Taxation Department of Public Safety or (2) an appropriate policy of liability insurance or other security as may be authorized by law has been properly executed in the name of the person to be excluded. The agent of the insurer writing the policy of insurance excluding a named driver shall determine that the necessary driver's license has been delivered to the Motor Vehicle Division of the Department of Revenue and Taxation Department of Public Safety or that a policy of insurance or security described in item (2) of this section is in effect before submitting the application for exclusion of a named driver.

The Motor Vehicle Division of the Department of Revenue and Taxation Department of Public Safety shall furnish to the agent an affidavit either stating that the necessary driver's license has been delivered to it or certifying that a policy of insurance or security described in item (2) of this section is in effect."

SECTION . Section 38-77-1120(a) of the 1976 Code is amended to read:

"(a) `Authorized agency' means:

(1) the South Carolina State Law Enforcement Division, the Division of the State Highway Patrol of the Department of Public Safety, the sheriff's department of any county of this State, and any duly constituted criminal investigative department or agency of another state of the United States;

(2) the Attorney General of this State, any circuit solicitor of this State, any prosecuting attorney for a county, circuit, or district of another state or of the United States;

(3) the South Carolina Department of Insurance, the Division of Motor Vehicles of the Department of Revenue and Taxation, and the South Carolina Department of Consumer Affairs of the Attorney General's Office; and

(4) the United States Department of Justice and its Federal Bureau of Investigation."

SECTION . Section 43-5-620(c) of the 1976 Code is amended to read:


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