Current Status Bill Number:3844 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970409 Primary Sponsor:Bauer All Sponsors:Bauer Drafted Document Number:dka\4299cm.97 Companion Bill Number:389 Residing Body:House Date Tabled:19970506 Current Committee:Judiciary Committee 25 HJ Subject:Public Safety Department employees, services to Juvenile Justice, commissioned as constables; Law Enforcement
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970506 Tabled in Committee 25 HJ
House 19970409 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-6-45 SO AS TO PROVIDE THAT EMPLOYEES OF THE DEPARTMENT OF PUBLIC SAFETY PROVIDING SERVICES TO THE DEPARTMENT OF JUVENILE JUSTICE MUST BE COMMISSIONED AS STATE CONSTABLES; TO AMEND SECTIONS 1-30-90 AND 23-6-20, BOTH AS AMENDED, AND BOTH RELATING TO THE AUTHORITY OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO TRANSFER THE DEPARTMENT OF JUVENILE JUSTICE, DIVISION OF PUBLIC SAFETY, TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 20-7-6860, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE CORRECTIONAL AND PUBLIC SAFETY OFFICERS, SO AS TO PROVIDE THAT THESE PUBLIC SAFETY EMPLOYEES ARE EMPLOYEES OF THE DEPARTMENT OF PUBLIC SAFETY; AND TO PROVIDE TRANSITION PROVISIONS FOR THE TRANSFER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 23-6-45. Employees of the department providing public safety services to the Department of Juvenile Justice, 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."
SECTION 2. Section 1-30-90 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"Section 1-30-90. The following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such each agency, except for those subdivisions specifically included under another department, are hereby transferred to, and incorporated in and shall be are administered as part of the Department of Public Safety to be initially divided into divisions for Highway Patrol, State Police, Training and Continuing Education, and Motor Vehicle.:
(A) Law Enforcement Hall of Fame, formerly provided for at Section 23-25-10, et seq.;
(B) State Highway Patrol, formerly provided for at Section 23-5-10, et seq.;
(C) Public Service Commission Safety Enforcement, formerly provided at Section 58-3-310;
(D) Law Enforcement Training Council, formerly provided for at Section 23-23-30, et seq.;
(E) Public Safety Division, formerly of the Governor's Office;
(F) The vehicle inspection, administrative services, drivers records, and financial responsibility sections and other offices of the Division of Motor Vehicles, formerly provided for at Section 56-1-10, et seq.;
(G) The motor vehicle licensing, registration, and titling sections, formerly provided for at Section 1-30-95(B); and
(H) The Department of Juvenile Justice, Division of Public Safety."
SECTION 3. Section 23-6-20(B) of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:
"(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 Administrative Services Section of the Division of Motor Vehicles, the Motor Vehicle Sections transferred to the Department of Revenue and Taxation pursuant to Act 181 of 1993, 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, and the Department of Juvenile Justice, Division 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. 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 4. Section 20-7-6860 of the 1976 Code, as added by Act 383 of 1996 is amended to read:
"Section 20-7-6860. 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 departments Division Department of Public Safety providing services to the Department of Juvenile Justice, 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."
SECTION 5. (A) On this act's effective date the employees, current appropriations, and personal property of the Department of Juvenile Justice, Division of Public Safety, which pursuant to this act is established within the Department of Public Safety, are transferred to the Department of Public Safety;
(B) All classified or unclassified personnel employed by the Department of Juvenile Justice, Division of Public Safety, on the effective date of this act, either by contract or by employment at will, become employees of the Department of Public Safety with the same compensation, classification, and grade level, as applicable. The Budget and Control Board shall cause all necessary actions to be taken to accomplish this transfer and shall prescribe the manner in which the transfer provided for in this act must be accomplished.
(C) Employees of the Department of Public Safety pursuant to this act shall continue to occupy the same office locations and facilities which they now occupy unless or until otherwise changed by appropriate action and authorization. The rent and physical plant operating costs of these offices and facilities, if any, shall continue to be paid by the transferring agency, department, entity, or official formerly employing these personnel until otherwise provided by the General Assembly. The records and files of the agencies which formerly employed these personnel shall continue to remain the property of these transferring agencies, except that these personnel shall have complete access to these records and files in the performance of their duties as new employees of the receiving agency.
(D) All proceedings pending and all rights and liabilities including contractual rights and obligations, existing, acquired, or incurred at the time this act takes effect involving the Department of Juvenile Justice, Division of Public Safety, are saved and are transferred to the Department of Public Safety.
SECTION 6. This act takes effect upon approval by the Governor.