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1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 H. 4390 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Rep. Sellers 10 Document Path: l:\council\bills\swb\5025cm14.docx 11 12 Introduced in the House on January 14, 2014 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Public Safety Department 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/3/2013 House Prefiled 22 12/3/2013 House Referred to Committee on Judiciary 23 1/14/2014 House Introduced and read first time ( House Journalpage 57) 24 1/14/2014 House Referred to Committee on Judiciary ( House Journalpage 57) 25 26 27 VERSIONS OF THIS BILL 28 29 12/3/2013 30 1/16/2014 31 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 13240, AS AMENDED, CODE OF 12 LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE 13 REMOVAL OF CERTAIN STATE OFFICERS BY THE 14 GOVERNOR, SO AS TO DELETE THE DIRECTOR OF THE 15 DEPARTMENT OF PUBLIC SAFETY FROM THIS LIST; TO 16 AMEND SECTION 17920, RELATING TO THE MEMBERS OF 17 THE COMMISSION ON PROSECUTION COORDINATION, 18 SO AS TO REMOVE THE DIRECTOR OF THE 19 DEPARTMENT OF PUBLIC SAFETY FROM THE 20 COMMISSION; TO AMEND SECTION 13010, AS AMENDED, 21 RELATING TO THE DEPARTMENTS OF STATE 22 GOVERNMENT, SO AS TO DELETE THE DEPARTMENT OF 23 PUBLIC SAFETY; TO AMEND SECTION 13090, AS 24 AMENDED, RELATING TO THE CREATION OF THE 25 DEPARTMENT OF PUBLIC SAFETY, SO AS TO DELETE 26 THE TERM “DEPARTMENT OF PUBLIC SAFETY” AND 27 REPLACE IT WITH THE TERM “SLED”; TO AMEND 28 SECTION 213240, AS AMENDED, RELATING TO THE 29 DISTRIBUTION OF THE CODE OF LAWS OF SOUTH 30 CAROLINA TO VARIOUS ENTITIES, SO AS TO DELETE 31 THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND 32 SECTIONS 5390, 57110, 911180, AS AMENDED, 101180, AS 33 AMENDED, 1135710, AS AMENDED, 12281910, 12282325, 34 124570, AS AMENDED, 13770, AS AMENDED, 137160, AS 35 AMENDED, 141206, AS AMENDED, 141207, AS AMENDED, 36 141208, AS AMENDED, 141212, 1631410, AS AMENDED, 37 175130, AS AMENDED, 1722350, AS AMENDED, AND 38 231230, RELATING TO THE SCOPE OF THE PROVISIONS 39 THAT PROVIDE FOR THE STRUCTURE, ORGANIZATION, 40 POWERS, AND DUTIES OF MUNICIPAL GOVERNMENTS, 41 THE DEPARTMENT OF PUBLIC SAFETY’S 42 CONTRIBUTIONS INTO THE STATE RETIREMENT

[4390] 2 1 SYSTEM ON BEHALF OF ACTIVE HIGHWAY PATROL 2 MEMBER EMPLOYEES, PARKING IN CERTAIN STATE 3 PARKING LOTS, STATE PROCUREMENT CODE 4 EXEMPTIONS, THE INSPECTION OF FUEL AND SHIPPING 5 PAPERS, LAW ENFORCEMENT ASSISTANCE PROVIDED 6 TO THE DEPARTMENT OF REVENUE BY THE 7 DEPARTMENT OF PUBLIC SAFETY, PAYING TAXES AND 8 THE DELEGATION OF COLLECTION OF TAXES, RULES 9 AND REGULATIONS REGARDING THE TRANSPORTATION 10 OF MATERIALS, REGULATIONS RELATING TO THE 11 TRANSPORTATION OF NUCLEAR MATERIALS, COURT 12 ASSESSMENTS, AND SURCHARGES, VICTIM ASSISTANCE 13 SERVICES, QUALIFICATIONS AND AGE REQUIREMENTS 14 FOR CORONERS, TRAFFIC EDUCATION PROGRAM FEES, 15 AND THE FIRST RESPONDERS ADVISORY COMMITTEE, 16 ALL SO AS TO DELETE THE TERM “DEPARTMENT OF 17 PUBLIC SAFETY” AND REPLACE IT WITH THE TERM 18 “SLED”; TO AMEND CHAPTER 6, TITLE 23, RELATING TO 19 THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC 20 SAFETY, SO AS TO REESTABLISH IT AS A DIVISION OF 21 SLED; TO AMEND SECTIONS 232330, 232520, 245340, 22 369410, AS AMENDED, 3855530, AS AMENDED, 3855570, 23 38771120, 399230, AS AMENDED, 4351250, 444130, AS 24 AMENDED, 541760, 561286, AS AMENDED, 561460, AS 25 AMENDED, 5611320, 5611760, 5612220, 5612230, 563662, 26 563663, 563840, AS AMENDED, 565330, 565380, 565765, 27 5651270, 5651300, 5651320, 5651330, 5651340, 5651350, 28 5651520, 5652930, AS AMENDED, 5652933, AS AMENDED, 29 5652945, AS AMENDED, 5652951, AS AMENDED, 5652953, 30 AS AMENDED, 5653660, 5653670, 5653680, 5653690, 5653900, 31 5654030, 5654035, 5654070, 5654075, 5654140, AS AMENDED, 32 5654160, AS AMENDED, 5654170, 5654840, 5654880, 5654970, 33 5655015, 5655080, 5655120, 5655140, 5655810, AS AMENDED, 34 5655870, 5655880, 5656170, 5656525, AS AMENDED, 5656560, 35 5656565, 56710, AS AMENDED, 56712, 56730, AS AMENDED, 36 569350, 561045, 5610552, AS AMENDED, 561120, 561140, 37 5619420, AS AMENDED, 563550, 573180, 582350, AS 38 AMENDED, 58231120, 596720, 5967260, 5967570, 6162900, 39 6164250, 63191860, 63191880, RELATING TO THE SOUTH 40 CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, 41 THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS 42 HALL OF FAME COMMITTEE, RESERVE DETENTION 43 OFFICERS, UNLAWFUL SALE OR DISPOSAL OF

[4390] 3 1 PERSONAL PROPERTY SUBJECT TO A SECURITY 2 INTEREST, INSURANCE FRAUD AND REPORTING 3 IMMUNITY, THE DISPOSITION OF UNINSURED 4 MOTORIST PREMIUMS, MOTOR VEHICLE THEFT AND 5 MOTOR VEHICLE INSURANCE FRAUD 6 REPORTINGIMMUNITY ACT, THE IMPLEMENTATION OF 7 THE METRIC SYSTEM, A STATEWIDE NETWORK OF 8 MASS TRANSIT SYSTEMS, THE EMERGENCY HEALTH 9 POWERS ACT, ACCOUNT BALANCES RELATING TO 10 HUNTING AND FISHING LICENSES, ACTIVITIES OF THE 11 MARITIME SECURITY COMMISSION AND THE NAVAL 12 MILITIA, MOTOR VEHICLE DRIVERS’ LICENSES, THE 13 REGISTRATION AND LICENSING OF A MOTOR VEHICLE, 14 THE REGULATION OF TRAFFIC TRAVELING ALONG THE 15 STATE’S HIGHWAYS, THE ISSUANCE OF TRAFFIC 16 TICKETS, VERIFICATION OF MOTOR VEHICLE 17 INSURANCE, THE CONFISCATION OF REGISTRATION 18 CERTIFICATES AND LICENSE PLATES, THE UNINSURED 19 ENFORCEMENT FUND, THE ROAD TAX ON MOTOR 20 CARRIERS, THE PROMULGATIONS OF REGULATIONS 21 RELATING TO MOTOR VEHICLE DEALER AND 22 WHOLESALER LICENSES, MOTOR VEHICLE 23 CERTIFICATES OF TITLE, DIESEL IDLING RESTRICTIONS, 24 PERMITS ISSUED BY THE DEPARTMENT OF 25 TRANSPORTATION, MOTOR VEHICLE CARRIERS, THE 26 TRANSPORTATION OF SCHOOL CHILDREN, THE 27 ALCOHOLIC BEVERAGE CONTROL ACT, THE 28 CONDITIONAL RELEASE OF A JUVENILE, AND THE 29 APPOINTMENT OF JUVENILE PROBATION COUNSELORS, 30 ALL SO AS TO DELETE THE TERM “DEPARTMENT OF 31 PUBLIC SAFETY” AND REPLACE IT WITH THE TERM 32 “SLED”. 33 34 Be it enacted by the General Assembly of the State of South 35 Carolina: 36 37 SECTION 1. Section 13240(C)(1)(h) of the 1976 Code, as last 38 amended by Act 137 of 2005, is further amended to read: 39 40 “(h) Director of the Department of Public Safety Reserved;” 41 42 SECTION 2. Section 17920 of the 1976 Code is amended to read: 43

[4390] 4 1 “Section 17920. The commission is composed of the following 2 persons for terms as indicated: 3 (1) the Chairmen of the Senate and House Judiciary 4 Committees for the terms for which they are elected or their 5 legislative designees; 6 (2) the Chief of the South Carolina Law Enforcement Division 7 for the term for which he is appointed; 8 (3) the Director of the Department of Public Safety shall serve 9 during the term for which he is appointed; 10 (4) a director of a Judicial Circuit Pretrial Intervention Program 11 appointed by the Governor for a term of two years; 12 (5)(4) a Judicial Circuit VictimWitness Assistance Advocate 13 appointed by the Governor for a term of two years; and 14 (6)(5) five judicial circuit solicitors appointed by the Governor 15 for a term of four years. However, upon initial appointment, the 16 Governor shall select one for a twoyear term, two for a threeyear 17 term, and two for a fouryear term. If a solicitor appointed to the 18 commission is not reelected, a vacancy occurs and it must be filled 19 pursuant to the provisions of Section 17930.” 20 21 SECTION 3. Section 13010(A)(16) of the 1976 Code is amended 22 to read: 23 24 “(16) Department of Public Safety Reserved” 25 26 SECTION 4. Section 13090 of the 1976 Code, as last amended by 27 Act 119 of 2012, is further amended to read: 28 29 “Section 13090. The following agencies, boards, and 30 commissions, including all of the allied, advisory, affiliated, or 31 related entities, as well as the employees, funds, property and all 32 contractual rights and obligations associated with any such agency, 33 except for those subdivisions specifically included under another 34 department, are hereby transferred to and incorporated in and shall 35 be administered as part of the Department of Public Safety SLED 36 to be initially divided into divisions for Highway Patrol, State 37 Police, and Training and Continuing Education. 38 (A) Law Enforcement Hall of Fame, formerly provided for in 39 Section 232510, et seq.; 40 (B) State Highway Patrol, formerly provided for in Section 41 23510, et seq.; 42 (C) Public Service Commission Safety Enforcement, formerly 43 provided in Section 583310;

[4390] 5 1 (D) Public Safety Division, formerly of the Governor's Office 2 Office of the Governor.” 3 4 SECTION 5. Section 213240(a)(69) of the 1976 Code is amended 5 to read: 6 7 “(69) Department of Public Safety, five Reserved;” 8 9 SECTION 6. Section 5390 of the 1976 Code is amended to read: 10 11 “Section 5390. Any municipality increasing its territory shall 12 file a notice with the Secretary of State, Department of 13 Transportation, and the Department of Public Safety SLED 14 describing its new boundaries. The notice shall include a written 15 description of the boundary, along with a map or plat which clearly 16 defines the new territory added.” 17 18 SECTION 7. Section 57110 of the 1976 Code is amended to read: 19 20 “Section 57110. Any municipality may appoint or elect as many 21 police officers, regular or special, as may be necessary for the 22 proper law enforcement in such municipality and fix their salaries 23 and prescribe their duties. 24 Police officers shall be vested with all the powers and duties 25 conferred by law upon constables, in addition to the special duties 26 imposed upon them by the municipality. 27 Any such police officers shall exercise their powers on all 28 private and public property within the corporate limits of the 29 municipality and on all property owned or controlled by the 30 municipality wheresoever situated; provided, that the municipality 31 may contract with any public utility, agency or with any private 32 business to provide police protection beyond the corporate limits. 33 Should the municipality provide police protection beyond its 34 corporate limits by contract, the legal description of the area to be 35 served shall be filed with the State Law Enforcement Division, and 36 the office of the county sheriff and the Department of Public 37 Safety.” 38 39 SECTION 8. Section 911180 of the 1976 Code, as last amended 40 by Act 181 of 1993, is further amended to read: 41 42 “Section 911180. The Department of Public Safety SLED is 43 hereby authorized to pay into the Police Officers’ Retirement

[4390] 6 1 System fund prior to July 1, 1967, on behalf of active highway 2 patrol member employees, an amount equal to the sum such 3 members would be required to contribute to the fund for creditable 4 prior service pursuant to Section 911170. The amounts paid into 5 the fund shall be used for the payment of retirement benefits under 6 the Police Officers’ Retirement System or shall be refunded to the 7 Department of Public Safety SLED. None of the moneys monies 8 paid into the fund pursuant to this section shall be disbursed in any 9 other manner to patrol member employees upon termination of 10 employment with the department SLED nor shall any such funds 11 be paid to a patrol member employee’s surviving beneficiary as a 12 residual credit to any patrol member employee’s account which 13 may have existed upon his death. Provided, however, that the 14 interest accruing after July 1, 1967 on the amount paid into the 15 fund may be credited to the patrol member employee’s account 16 just as if he had made the contribution for creditable prior service 17 for his account. Any time that the Police Officers’ Retirement 18 System closes the account of an active patrol member employee 19 because of death or termination of employment with the 20 department SLED the System system shall refund to the 21 department SLED the amount that it has paid into the fund on 22 behalf of patrol member employees for creditable prior service 23 under the Supplemental Allowance Program of the System.” 24 25 SECTION 9. Section 101180(1) of the 1976 Code, as last 26 amended by Act 181 of 1993, is further amended to read: 27 28 “(1) Parking lots which are situated on the property of the State 29 shall be reserved for the employees of the State. The parking lots 30 referred to by this section shall be policed by the Department of 31 Public Safety SLED and no person not authorized by this section 32 shall be allowed to occupy such parking lots. Parking lots referred 33 to in this section are confined to those located in the City of 34 Columbia.” 35 36 SECTION 10. Section 1135710(1) of the 1976 Code is amended 37 to read: 38 39 “(1) the construction, maintenance, and repair of bridges, 40 highways, and roads; vehicle and road equipment maintenance 41 and repair; and other emergencytype parts or equipment utilized 42 by the Department of Transportation or the Department of Public 43 Safety SLED;”

[4390] 7 1 2 SECTION 11. Section 12281910(B) of the 1976 Code is 3 amended to read: 4 5 “(B) Inspections to determine violations under this chapter may 6 be conducted by the Department of Public Safety SLED, agents of 7 the Department of Revenue, motor carrier inspectors in this State 8 in addition to their duties otherwise defined, and other law 9 enforcement officers through procedures established by the 10 Department of Revenue. Agents of the Department of Revenue 11 have the same power and authority provided to authorized 12 personnel under the applicable statute.” 13 14 SECTION 12. Section 12282325 of the 1976 Code is amended 15 to read: 16 17 “Section 12282325. The Department of Public Safety SLED 18 and law enforcement agents, upon request of the Department of 19 Revenue, may assist in the enforcement of all laws relating to the 20 inspection of petroleum products.” 21 22 SECTION 13. Section 124570(C) of the 1976 Code, as last 23 amended by Act 386 of 2006, is further amended to read: 24 25 “(C) The county official charged with the collection of taxes 26 shall send a list of the institutions collecting the taxes to the 27 Department of Public Safety SLED. Each institution shall certify 28 to the Department of Public Safety SLED that the taxes have been 29 paid, and the Department of Public Safety SLED may accept 30 certification instead of the tax receipt given to the taxpayer if that 31 certification contains the information required in Section 32 12372650.” 33 34 SECTION 14. Section 13770(4)(a) of the 1976 Code, as last 35 amended by Act 181 of 1993, is further amended to read: 36 37 “(a) Rules and regulations adopted by the department pursuant 38 to this section may be enforced, within their respective 39 jurisdiction, by any authorized representative of the department, 40 the Department of Public Safety SLED, and the Department of 41 Transportation, and the Public Service Commission, according to 42 mutual understandings between such bodies of their respective 43 responsibilities and authority.”

[4390] 8 1 2 SECTION 15. Section 137160C of the 1976 Code, as last 3 amended by Act 181 of 1993, is further amended to read: 4 5 “C. Rules and regulations adopted by the department pursuant 6 to this section may be enforced, within their respective 7 jurisdiction, by any authorized representative of the department, 8 the Department of Public Safety SLED and the Public Service 9 Commission, according to mutual understandings between such 10 bodies of their respective responsibilities and authority.” 11 12 SECTION 16. Section 141206(C)(3) of the 1976 Code, as last 13 amended by Act 353 of 2008, is further amended to read: 14 15 “(3) .45 percent to the Department of Public Safety SLED to 16 defray the cost of erecting and maintaining the South Carolina Law 17 Enforcement Officers Hall of Fame. When funds collected 18 pursuant to this item exceed the necessary costs and expenses of 19 the South Carolina Law Enforcement Officers Hall of Fame 20 operation and maintenance as determined by the Department of 21 Public Safety SLED, the department division may retain, carry 22 forward, and expend the surplus to defray the costs of maintaining 23 and operating the Hall of Fame;” 24 25 SECTION 17. Section 141207(C)(3) of the 1976 Code, as last 26 amended by Act 353 of 2008, is further amended to read: 27 28 “(3) .60 percent to the Department of Public Safety to defray the 29 cost of erecting and maintaining the South Carolina Law 30 Enforcement Officers Hall of Fame. When funds collected 31 pursuant to this item exceed the necessary costs and expenses of 32 the South Carolina Law Enforcement Officers Hall of Fame 33 operation and maintenance as determined by the Department of 34 Public Safety SLED department may retain, carry forward, and 35 expend the surplus to defray the costs of maintaining and operating 36 the Hall of Fame;” 37 38 SECTION 18. Section 141208(C)(9)(a) of the 1976 Code, as last 39 amended by Act 353 of 2008, is further amended to read: 40 41 “(a) 9.16 percent to the Department of Public Safety SLED for 42 the programs established pursuant to Section 5652953(E); and” 43

[4390] 9 1 SECTION 19. Section 141212(B)(1)(j) of the 1976 Code, as 2 added by Act 353 of 2008, is amended to read: 3 4 “(j) 14.44 percent to the Department of Public Safety SLED for 5 the Highway Patrol Division for equipment, vehicle purchases, and 6 associated vehicle expenses, including maintenance and gasoline.” 7 8 SECTION 20. Section 1631410(B)(14) of the 1976 Code, as last 9 amended by Act 271 of 2008, is further amended to read: 10 11 “(14) the administrator of the Office of Justice Programs, 12 Department of Public Safety Chief of SLED, or his designee;” 13 14 SECTION 21. Section 175130(C) of the 1976 Code, as last 15 amended by Act 222 of 2010, is further amended to read: 16 17 “(C) Each person serving as coroner in the person’s first term is 18 required to complete a basic training session to be determined by 19 the Department of Public Safety SLED. This basic training 20 session must be completed no later than the end of the calendar 21 year following the person’s election as coroner. A person 22 appointed to fill the unexpired term in the office of coroner shall 23 complete a basic training session to be determined by the 24 department within one calendar year of the date of appointment. 25 This section must not be construed to require an individual to 26 repeat the basic training session if the person has successfully 27 completed the session prior to the person’s election or appointment 28 as coroner. A coroner who is unable to attend this training session 29 when offered because of an emergency or extenuating 30 circumstances, within one year from the date the disability or 31 cause terminates, shall complete the standard basic training session 32 required of coroners. A coroner who does not fulfill the 33 obligations of this subsection is subject to suspension by the 34 Governor until the coroner completes the training session.” 35 36 SECTION 22. Section 1722350(B)(3) of the 1976 Code, as 37 added by Act 176 of 2008, is amended to read: 38 39 “(3) .44 percent to the Department of Public Safety’s SLED’s 40 South Carolina Law Enforcement Officers Hall of Fame;” 41 42 SECTION 23. Section 231230(A)(1)(c) and (H) of the 1976 43 Code is amended to read:

[4390] 10 1 2 “(c) the Director of the Department of Public Safety Chief of 3 SLED; 4 5 (H) The First Responders Advisory Committee shall receive 6 clerical and related assistance from the staff of the South Carolina 7 Law Enforcement Division, the Department of Public Safety, and 8 the Office of Information Resources.” 9 10 SECTION 24. Chapter 6, Title 23 of the 1976 Code is amended 11 to read: 12 13 “CHAPTER 6 14 15 Department SLED 16 Division of Public Safety 17 18 Article 1 19 20 General Provisions 21 22 23 “Section 23610. For the purposes of this title, the following 24 words, phrases, and terms are defined as follows: 25 (1) “Department” means the Department of Public Safety. 26 (2) “Director” means the chief administrative officer of the 27 Department of Public Safety. Reserved 28 29 Section 23620. (A) The Department of Public Safety is 30 established as an administrative agency of state government which 31 There is created within the South Carolina Law Enforcement 32 Division (SLED), the Division of Public Safety. The Division of 33 Public Safety is comprised of a the South Carolina Highway Patrol 34 Division, a South Carolina State Police Division, and a Division of 35 Training and Continuing Education. 36 (B) The functions, powers, duties, responsibilities, and 37 authority statutorily exercised by the following offices, sections, 38 departments, or divisions of the following state agencies as 39 existing on the effective date of this act are transferred to and 40 devolved on the department Division of Public Safety to include 41 the South Carolina Highway Patrol and the Safety Office Section 42 of the Division of Finance and Administration of the South 43 Carolina Department of Highways and Public Transportation; the

[4390] 11 1 Safety Enforcement Officers of the Office of Enforcement within 2 the Transportation Division of the South Carolina Public Service 3 Commission and the Governor’s Office of Public Safety, together 4 with all assets, liabilities, records, property, personnel, unexpended 5 appropriations, and other funds shall be transferred to the control 6 of the department division. All rules, regulations, standards, 7 orders, or other actions of these entities shall remain in effect 8 unless specifically changed or voided by the department division 9 in accordance with the Administrative Procedures Act, or 10 otherwise provided. 11 12 Section 23630. The department Division of Public Safety 13 shall have the following duties and powers: 14 (1) carry out highway and other related safety programs; 15 (2) engage in driver training and safety activities; 16 (3) enforce the traffic, motor vehicle, commercial vehicle, and 17 related laws; 18 (4) enforce size, weight, and safety enforcement statutes 19 relating to commercial motor vehicles; 20 (5) operate a comprehensive law enforcement personnel 21 training program; 22 (6) promulgate such rules and regulations in accordance with 23 the Administrative Procedures Act and Article 7 of this chapter for 24 the administration and enforcement of the powers delegated to the 25 department by law, which shall have the full force and effect of 26 law; 27 (7) operate such programs and disseminate information and 28 material so as to continually improve highway safety; 29 (8)(7) receive and disburse funds and grants, including any 30 donations, contributions, funds, grants, or gifts from private 31 individuals, foundations, agencies, corporations, or the state or 32 federal governments, for the purpose of carrying out the programs 33 and objectives of this chapter; and 34 (9)(8) do all other functions and responsibilities as required or 35 provided for by law. 36 37 Section 23640. (A) The Governor, with the advice and 38 consent of the Senate, chief shall appoint the director Deputy 39 Director of the Division of Public Safety who shall serve a term of 40 four years. The director may only be removed pursuant to the 41 provisions of Section 13240(C). He shall receive such 42 compensation as may be established under the provisions of 43 Section 811160 and for which funds have been authorized in the

[4390] 12 1 annual general appropriation act. The term of office for the first 2 appointment under the provisions of this section shall be February 3 1, 1994 for a term of two years. The Governor shall submit the 4 name of his appointee to the Senate by December first of the year 5 prior to the date on which the term begins. A person appointed by 6 the Governor with the advice and consent of the Senate to fill a 7 vacancy shall serve for the unexpired term only. This shall not 8 prohibit the Governor from reappointing a person who is appointed 9 to fill a vacancy as director of the department. All subsequent 10 appointments shall be made in the manner of the original 11 appointment for a term of four years. 12 (B) The director deputy director must administer the affairs of 13 the department division and must represent the department in its 14 dealings with other state agencies, local governments, special 15 purpose districts, and the federal government. The director must 16 appoint a deputy director for each division and employ such other 17 personnel for each division and prescribe their duties, powers, and 18 functions as he considers necessary and as may be authorized by 19 statute and for which funds have been authorized in the annual 20 general appropriation act. 21 (C) The deputy director for each division shall serve at the 22 pleasure of the director and the director shall recommend the 23 salary for each deputy director as allowed by statute or applicable 24 law chief. 25 26 Section 23650. The director chief shall annually annually 27 shall cause the department Division of Public Safety to be audited. 28 The audit must be conducted by a certified public accountant or 29 firm of certified public accountants to be selected by the State 30 Auditor. The department may undergo an Agreed Upon 31 Procedures audit in lieu of audited financial statements. The audit 32 shall be in coordination with the State Auditor’s Office and will be 33 in accordance with generally accepted accounting principles and 34 must comprise all financial records and controls. The audit must 35 be completed by November 1 following the close of the fiscal year. 36 The costs and expenses of the audit must be paid by the 37 department out of its funds. 38 Notwithstanding any other provision of law, all revenue 39 generated by the department from the sale of vehicles, various 40 equipment, less the cost of disposition incurred by the State 41 Budget and Control Board Division of Operations, gasoline and 42 insurance claims, during the prior fiscal year may be retained and 43 carried forward into the current fiscal year and expended for the

[4390] 13 1 purpose of purchasing like items. Any unexpended balance on 2 June 30 of the prior fiscal year authorized to be expended or used 3 for any federal grant program may be retained and carried forward 4 to the current fiscal year and used for matching committed or 5 unanticipated grant funds, or both. The Department of Motor 6 Vehicles is authorized to carry forward and expend all motor 7 carrier registration fees collected pursuant to Chapter 23 of Title 8 58 for fiscal years 19961997, 19971998, 19981999 into fiscal year 9 19992000. 10 Notwithstanding any other provision of law, revenue received 11 from the sale of publications, postal reimbursement, photo 12 copying, electronic data from traffic collisions, sale of 13 miscellaneous refuse and recyclable materials, insurance claim 14 receipts, coin operated telephones, and revenue from building 15 management services, and the Department Division of Public 16 Safety training series shall be retained by the department SLED 17 and expended in budgeted operations for professional training, fees 18 and dues, clothing allowance, and other related services or 19 programs as the Director of the Department of Public Safety SLED 20 may deem necessary. In order to complete projects begun in a 21 prior fiscal year, the department SLED is authorized to expend 22 federal and earmarked funds in the following fiscal year for 23 expenditures incurred in the prior fiscal year. 24 25 Section 23-6-60. (A) There is created an Illegal Immigration 26 Enforcement Unit within the Department of Public Safety SLED. 27 The purpose of the Illegal Immigration Enforcement Unit is to 28 enforce immigration laws as authorized pursuant to federal laws 29 and the laws of this State. 30 (B) The Illegal Immigration Enforcement Unit is under the 31 administrative direction of the department's director Chief of 32 SLED. The department's director Chief of SLED shall maintain 33 and provide administrative support for the Illegal Immigration 34 Enforcement Unit. The department's director chief may appoint 35 appropriate personnel within the department to administer and 36 oversee the operations of the Illegal Immigration Enforcement 37 Unit. 38 (C)(1) The Illegal Immigration Enforcement Unit shall have 39 such officers, agents, and employees as the department's director 40 chief may deem necessary and proper for the enforcement of 41 immigration laws as authorized pursuant to federal laws and the 42 laws of this State.

[4390] 14 1 (2)(a) The enforcement of immigration laws as authorized 2 pursuant to federal laws and the laws of this State must be the only 3 responsibility of the officers of the Illegal Immigration 4 Enforcement Unit. 5 (b) The officers shall be commissioned by the Governor 6 upon the recommendation of the department's director chief. 7 (c) The officers shall have the same power to serve 8 criminal processes against offenders as sheriffs of the various 9 counties and also the same power as those sheriffs to arrest without 10 warrants and to detain persons found violating or attempting to 11 violate immigration laws. The officers also shall have the same 12 power and authority held by deputy sheriffs for the enforcement of 13 the criminal laws of the State. 14 (d) The department SLED must provide the officers with 15 distinctive uniforms and suitable arms and equipment for use in the 16 performance of their duties. The officers shall at all times, when in 17 the performance of their duties, wear complete uniforms with 18 badges conspicuously displayed on the outside of their uniforms, 19 except officers performing undercover duties. The department 20 director chief shall prescribe a unique and distinctive official 21 uniform with appropriate insignia to be worn by all officers when 22 on duty and at other times as the department's director chief shall 23 order, and a distinctive color or colors and appropriate emblems 24 for all motor vehicles used by the Illegal Immigration Enforcement 25 Unit except those designated by the director chief. No other law 26 enforcement agency, private security agency, or any person shall 27 wear a similar uniform and insignia that could be confused with 28 the uniform and insignia of the Illegal Immigration Enforcement 29 Unit. An emblem may not be used on a nondepartment non-SLED 30 motor vehicle, nor may the vehicle be painted in a color or in any 31 manner that would cause the vehicle to be similar to an Illegal 32 Immigration Enforcement Unit vehicle or readily confused with it. 33 The department's director chief shall file with the Legislative 34 Council for publication in the State Register a description and 35 illustration of the official Illegal Immigration Enforcement Unit 36 uniform with insignia and the emblems of the official Illegal 37 Immigration Enforcement Unit and motor vehicles including a 38 description of the color of the uniforms and vehicles. 39 (D) Notwithstanding any other provision of law, the Illegal 40 Immigration Enforcement Unit must be funded annually by a 41 specific appropriation to the Illegal Immigration Enforcement Unit 42 in the state general appropriations act, separate and distinct from 43 the department's SLED’s other appropriations.

[4390] 15 1 (E) The department's director chief shall negotiate the terms of 2 a memorandum of agreement with the United States Immigration 3 and Customs Enforcement pursuant to Section 287(g) of the 4 federal Immigration and Nationality Act as soon as possible after 5 the effective date of this act. 6 (F) Nothing in this section may be construed to prevent other 7 law enforcement agencies of the State and political subdivisions of 8 the State, including local law enforcement agencies, from 9 enforcing immigration laws as authorized pursuant to federal laws 10 and the laws of this State. 11 (G) The departmentSLED shall develop an illegal immigration 12 enforcement training program which the department shall offer to 13 all local law enforcement agencies to assist any local law 14 enforcement agency wishing to utilize the training program in the 15 proper implementation, management, and enforcement of 16 applicable immigration laws. 17 18 Section 23690. The department SLED may employ, equip, 19 and provide such officers as may be necessary to maintain the 20 security of the Governor’s Mansion Compound, and other 21 governmental facilities, including the State Capitol Building, the 22 facilities of the Capitol Complex, and other state buildings. The 23 director chief must determine the most efficient and effective 24 method of placing these officers within a law enforcement division 25 in the department SLED. 26 27 Article 3 28 29 Highway Patrol Division 30 31 Section 236100. (A) There is created a South Carolina 32 Highway Patrol Division and a South Carolina State Police 33 Division within the Department Division of Public Safety. The 34 South Carolina Highway Patrol Division shall have such troopers, 35 officers, agents and employees as the department may deem 36 necessary and proper for the enforcement of the traffic and other 37 related laws, and the South Carolina State Police Division shall 38 have such troopers, officers, agents and employees as the 39 department State Law Enforcement Division may deem necessary 40 and proper for the enforcement of the commercial motor carrier 41 related laws, the enforcement of which is devolved upon the 42 department. Such officers and troopers shall be commissioned by 43 the Governor upon the recommendation of the Director Chief of

[4390] 16 1 the Department of Public Safety State Law Enforcement Division. 2 Such commissions may be terminated at the pleasure of the 3 director chief. 4 (B) The department SLED must provide the officers of the 5 Highway Patrol and of the State Police with distinctive uniforms 6 and suitable arms and equipment for use in the performance of 7 their duties. Such officers and troopers shall at all times, when in 8 the performance of their duties, wear complete uniforms with 9 badges conspicuously displayed on the outside of their uniforms. 10 (C) The commanding officers of the South Carolina Highway 11 Patrol and the South Carolina State Police respectively, with the 12 approval of the director of the department chief, shall prescribe a 13 unique and distinctive official uniform, with appropriate insignia 14 to be worn by all officers when on duty and at such other times as 15 the director shall order, and a distinctive color or colors and 16 appropriate emblems for all motor vehicles used by the Highway 17 Patrol and the State Police except those designated by the director 18 chief. No other law enforcement agency, private security agency, 19 or any person shall wear a similar uniform and insignia which may 20 be confused with the uniform and insignia of the Highway Patrol 21 or State Police. An emblem must not be used on a nondepartment 22 motor vehicle, nor may such vehicle be painted in a color or in any 23 manner which would cause the vehicle to be similar to a Highway 24 Patrol or State Police vehicle or readily confused with it. 25 (D) The director chief shall file with the Legislative Council for 26 publication in the State Register a description and illustration of 27 the official highway patrol uniform with insignia and the emblems 28 of the official highway patrol and motor vehicles including a 29 description of the color of such uniforms and vehicles and a 30 description and illustration of the official state police uniform with 31 insignia and the emblems of the official state police and motor 32 vehicles including a description of the color of such uniforms and 33 vehicles. 34 (E) The South Carolina Highway Patrol Division shall transfer 35 the service sidearm of an active duty trooper killed in the line of 36 duty to the trooper’s surviving spouse upon request at no charge 37 once the sidearm has been rendered permanently inoperable. 38 39 Section 236110. In order to carry out the provisions of Section 40 236100 in an orderly and economical manner it is intended that all 41 serviceable uniforms be continued in use until such time as the 42 director chief considers it necessary for them to be replaced.

[4390] 17 1 These provisions shall also apply to the emblems for motor 2 vehicles. 3 4 Section 236120. Every officer and trooper commissioned pursuant 5 to this chapter shall file a bond, or be covered by a surety bond, 6 with the department division in the amount of not less than two 7 thousand dollars, subscribed by a duly licensed surety company, 8 which shall be conditioned on the faithful performance of his 9 duties. The duties include but are not limited to the prompt and 10 proper accounting of all funds coming into his hands, the payment 11 of any judgment recovered against him in any court of competent 12 jurisdiction upon a cause of action arising out of breach or abuse of 13 official duty or power, or the payment of damages sustained by 14 any member of the public from any unlawful act of such officer or 15 trooper. Coverage under such bond shall not include damage to 16 persons or property arising out of the negligent operation of a 17 motor vehicle. Such bond may be individual, schedule or blanket 18 and on a form approved by the Attorney General. The premiums 19 on such bonds shall be paid by the department division. 20 21 Section 236130. Any violation of Section 236100 may be 22 enjoined by the court of common pleas upon petition of the 23 director chief after due notice to the person violating the provisions 24 of Section 236100 and after a hearing on the petition. 25 26 Section 236140. The patrol of the highways of the State and the 27 enforcement of the laws of the State relative to highway traffic, 28 traffic safety, and motor vehicles shall be the primary 29 responsibility of the troopers and officers of the South Carolina 30 Highway Patrol. The troopers and officers of the State Police shall 31 have the primary responsibility for the enforcement of laws 32 relating to commercial motor carriers relating to size, weight, 33 permits, licensing, and inspections for size and weight tolerance 34 and safety. All officers and troopers shall have the same power to 35 serve criminal processes against offenders as sheriffs of the 36 various counties and also the same power as such sheriffs to arrest 37 without warrants and to detain persons found violating or 38 attempting to violate any laws of the State relative to highway 39 traffic, motor vehicles or commercial motor carriers. These 40 officers and troopers shall also also shall have the same power and 41 authority held by deputy sheriffs for the enforcement of the 42 criminal laws of the State. 43

[4390] 18 1 Section 236145. A commissioned officer or a uniformed officer 2 of the department SLED may, upon reasonable belief that any 3 vehicle is being operated in violation of any provision of statutory 4 law, require the driver thereof to stop and exhibit the registration 5 card issued for the vehicle, the individual’s driver’s license, and 6 submit to an inspection of such vehicle and license. 7 8 Section 236150. When any person is apprehended by a officer 9 upon a charge of violating any laws of the State relative to 10 highway traffic, motor vehicles or commercial motor carriers such 11 person shall immediately be served with an official summons. The 12 person charged may deposit bail with the arresting officer in lieu 13 of being immediately brought before the proper magistrate, 14 recorder, or other judicial officer to enter into a formal 15 recognizance or make direct the deposit of a proper sum of money 16 in lieu of a recognizance or incarceration. The apprehending 17 officer may accept a sum of money as bail, not less than the 18 minimum nor more than the maximum fine, but in no case to 19 exceed two hundred dollars, to be in due course turned over to the 20 judicial officer as money for bail. The bail deposited shall be in 21 lieu of entering into a recognizance for his appearance for trial as 22 set in the aforesaid summons or being incarcerated by the arresting 23 officer and held for further action by the appropriate judicial 24 officer. A receipt for the sum so deposited shall be given to such 25 person by the arresting officer. The summons duly served as 26 herein provided shall give the judicial officer jurisdiction to 27 dispose of the matter. Upon receipt of the fixed sum of money the 28 officer may release the person so charged as above provided for 29 his further appearance before the proper judicial officer as 30 provided for and required by the summons. 31 32 Section 236170. No officer or trooper may be promoted to a 33 higher rank until such time as the council adopts a promotion 34 policy for commissioned personnel and officers as provided for in 35 Section 236520. 36 37 Section 236180. The Department of Public Safety SLED is 38 directed to keep permanent records of all Highway Patrolmen who 39 are killed in the line of duty or die in any other manner while 40 actively employed as well as records of those who are retired. 41 42 Section 236185. Notwithstanding any other provisions of law, 43 enforcement by the State Transport Police Division Section, of

[4390] 19 1 Articles 3 and 5, Chapter 23 of, Title 58, shall be funded from the 2 motor carrier registration fees collected by the Department of 3 Motor Vehicles that previously were collected by the Public 4 Service Commission and the Department of Public Safety SLED. 5 Additionally, the State Transport Police is authorized to expend the 6 motor carrier registration fees to build or renovate weigh stations. 7 All unexpended funds from prior years collected pursuant to this 8 section may be retained and carried forward by the department for 9 the same purposes. 10 11 Section 236187. The department SLED may charge a witness 12 fee of one hundred thirty dollars per hour, up to one thousand 13 dollars per day for each trooper trained in Advanced Accident 14 Investigation testifying in civil matters which do not involve the 15 State as a party in interest. The fee shall be charged in addition to 16 any court prescribed payment due as compensation or 17 reimbursement for judicial appearances and deposited into a 18 designated revenue account. The department SLED is authorized 19 to receive, expend, retain, and carry forward these funds. 20 21 Section 236190. All monies collected in the Department of 22 Public Safety SLED Building Fund, as established in Section 23 563840 that exceed the annual bond payment and the amount 24 needed for building repair must be utilized by the department to 25 support the Highway Patrol. 26 27 Section 236191. The Department SLED may pay the cost of 28 physical examinations for department SLED personnel who are 29 required to receive physical examinations prior to or after 30 receiving a law enforcement commission. 31 32 Section 236193. The department SLED may collect, expend, 33 retain, and carry forward all funds received from other state or 34 federal agencies as reimbursement for expenditures incurred when 35 personnel and equipment are mobilized and expenses incurred due 36 to an emergency. 37 38 Section 236195. The department SLED may provide meals to 39 employees of the department division who are not permitted to 40 leave assigned duty stations and are required to work during 41 deployment, emergency simulation exercises, and when the 42 Governor declares a state of emergency. 43

[4390] 20 1 Article 5 2 3 Department of Public Safety SLED Special Constable 4 5 Section 236200. For purposes of this article: 6 (1) ‘Former law enforcement officer’ means: 7 (a) an officer who was previously commissioned by the 8 Governor and who during his law enforcement career worked for 9 the department SLED; 10 (b) an officer who was commissioned by the Governor, and 11 whose agency, office, or unit was transferred to the department 12 SLED pursuant to governmental restructuring, including former 13 retired officers; 14 (c) an officer who was previously commissioned by the 15 Governor whose agency, office, or unit was transferred to the 16 department SLED pursuant to governmental restructuring or any 17 subsequent restructuring, including former retired officers; or 18 (d) other formerly commissioned law enforcement officers 19 or retired officers in good standing from any law enforcement 20 agency, state constables, or volunteer state constables serving 21 without compensation whose appointment is certified by the State 22 Law Enforcement Division SLED as having completed the 23 requisite training to maintain an active commission. 24 (2) ‘Department of Public Safety SLED Special Constable’ 25 means a commission authorized by the department SLED for a 26 former law enforcement officer as defined in (1). 27 (3) “Director” ‘Chief’ means the chief administrative officer of 28 the Department of Public Safety SLED. 29 (4) ‘Department Division’ means Department of Public Safety 30 SLED. 31 32 Section 236210. (A) The director chief is authorized to 33 establish programs for the commissioning of former law 34 enforcement officers of the department SLED. An individual 35 commissioned pursuant to this section shall receive a Department 36 of Public Safety SLED Special Constable commission. 37 (B) The powers and duties of these special constables shall be 38 determined by the director chief and specified in writing, and 39 individuals commissioned pursuant to this section shall be subject 40 to removal by the director chief at any time. Before assuming their 41 duties, special constables shall take the oath of office required by 42 law and successfully complete a course of training specified by the 43 director chief.

[4390] 21 1 (C) A constable shall be entitled to enforce the laws of this 2 State and exercise the duties of his office throughout the State 3 except as may be limited in subsection (B). 4 (D) The course of training required in subsection (B) does not 5 apply to former officers holding a valid commission issued by 6 another agency or governmental entity, except that all officers 7 shall meet any annual continuing training requirements established 8 by the director chief in order to maintain their commissions. 9 10 Section 236220. (A) Constables may not receive compensation 11 including, but not limited to, salary for services rendered absent 12 specific statutory authorization. 13 (B) Any uniforms and equipment issued by the department 14 SLED shall remain the property of the department SLED, but may, 15 in the discretion of the director chief, be entrusted to the care and 16 control of the constables. A constable assisting a fulltime 17 department law enforcement SLED officer shall wear uniforms or 18 other insignia which identify the constable as a special law 19 enforcement officer assisting the department SLED. 20 (C) Workers’ compensation benefits may be provided on an as 21 needed basis for special constables by the director chief in the 22 same manner as benefits are provided for fulltime officers. For 23 purposes of compensation or benefits arising from dutyrelated 24 injury or death, special constables shall be considered as 25 employees of the department SLED. 26 27 Section 236230. Identification cards registering a special 28 constable must be issued by the Department of Public Safety 29 SLED for all individuals commissioned pursuant to this article. 30 31 Section 236240. Notwithstanding any other provision of law, 32 constables who have received the required training shall be 33 authorized by the director chief to carry pistols on and about their 34 persons unless otherwise restricted by the director chief in writing. 35 However, the director chief, after hearing and for cause, may deny 36 such privilege to any constable pursuant to this section who is 37 guilty of using his pistol at any time in a manner inconsistent with 38 accepted law enforcement procedures as determined by the 39 director chief or who has been convicted of any crime for which a 40 penalty of imprisonment for more than one year may be imposed. 41 The term ‘conviction’ shall include a plea of guilty, a plea of nolo 42 contendere, or forfeiture of bail. 43

[4390] 22 1 Article 11 2 3 South Carolina Public Safety SLED Coordinating Council 4 5 Section 236500. There is created a council to administer certain 6 responsibilities of the Department of Public Safety SLED and 7 coordinate certain activities between the department, the South 8 Carolina Law Enforcement Division it and municipal and county 9 law enforcement agencies. The council is to be known as the 10 South Carolina Public Safety SLED Coordinating Council. 11 12 Section 236510. The council is composed of the following 13 persons for terms as indicated: 14 (1) the Governor or his designee, to serve as chairman, for the 15 term of the Governor; 16 (2) the Chief of the South Carolina Law Enforcement Division 17 for the term of office for which he is appointed; 18 (3) the Chairman of the Senate Judiciary Committee for his 19 term of office in the Senate or his designee; 20 (4) the Chairman of the House of Representatives Judiciary 21 Committee for his term of office in the House of Representatives 22 or his designee; 23 (5) the Director of the Department of Public Safety; 24 (6) a sheriff appointed by the Governor for the term of office 25 for which he is elected; 26 (7)(6) a municipal police chief appointed by the Governor for a 27 term of two years; and 28 (8)(7) a victim representative appointed by the Governor for a 29 term of four years. 30 Any vacancy occurring must be filled in the manner of the 31 original appointment for the unexpired portion of the term. 32 33 Section 236520. The council has the following duties to: 34 (1) recommend a hiring and promotion policy for 35 commissioned personnel or officers to be administered under the 36 sole authority of the director chief; 37 (2) establish a process for the solicitation of applications for 38 public safety grants and to review and approve the disbursement of 39 funds available under Section 402 of Chapter 4 of, Title 1 of the 40 Federal Highway Safety Program, public law 89564 in a fair and 41 equitable manner; 42 (3) coordinate the use of department division personnel by 43 other state or local agencies or political subdivisions;

[4390] 23 1 (4) advise and consult on questions of jurisdiction and law 2 enforcement and public safety activities between the Department 3 of Public Safety, the South Carolina Law Enforcement Division 4 and law enforcement agencies of local political subdivisions. 5 6 Section 236530. The council may elect such other officers as it 7 deems necessary from its membership and the members of the 8 council shall serve without pay but are authorized, as eligible, to 9 receive the usual per diem, mileage and subsistence provided for 10 by law.” 11 12 SECTION 25. Section 232330(A)(6) of the 1976 Code, as added 13 by Act 317 of 2006, is amended to read: 14 15 “(6) the Director of the South Carolina Department of Public 16 Safety Reserved;” 17 18 SECTION 26. Section 232520 of the 1976 Code is amended to 19 read: 20 21 “Section 232520. (A) The South Carolina Law Enforcement 22 Officers Hall of Fame shall hereafter be administered as an office 23 of the Department of Public Safety SLED. 24 (B) There is created a South Carolina Law Enforcement 25 Officers Hall of Fame Advisory Committee. The committee shall 26 consist of the following ex officio members: 27 (1) the Director Chief of the Department of Public Safety 28 SLED, who shall serve as chairman; the Chief of the State Law 29 Enforcement Division; 30 (2) the Chief of the State Law Enforcement Division; 31 (3) the Director of the Department of Corrections; 32 (4)(3) the Secretary of the South Carolina Sheriffs’ 33 Association; 34 (5)(4) the Executive Director of the South Carolina Law 35 Enforcement Officers Association; 36 (6)(5) the President of the South Carolina Police Chiefs 37 Association, or his designee; and 38 (7)(6) a representative of the Natural Resources Enforcement 39 Division, to be appointed by the Director of the Department of 40 Natural Resources. 41 (C) Members of the advisory committee may designate persons 42 to represent them at meetings they are unable to attend.” 43

[4390] 24 1 SECTION 27. Section 245340 of the 1976 Code is amended to 2 read: 3 4 “Section 245340. Additional requirements beyond those set 5 out in this article may be imposed by the local political entity 6 through the responsible authority. 7 Upon request by the director and assurance by the director that 8 minimum requirements have been met, identification cards 9 registering a reserve’s status may be issued by the Department of 10 Public Safety SLED.” 11 12 SECTION 28. Section 369410(B)(4) of the 1976 Code, as added 13 by Act 265 of 2004, is amended to read: 14 15 “(4) to personal property titled by the Department of Public 16 Safety SLED or the Law Enforcement Division of the South 17 Carolina Department of Natural Resources.” 18 19 SECTION 29. Section 3855530(A) of the 1976 Code is amended 20 to read: 21 22 “(A) ‘Authorized agency’ means any duly constituted criminal 23 investigative department or agency of the United States or of this 24 State; the Department of Insurance; the Department of Revenue; 25 the Department of Public Safety State Law Enforcement Division; 26 the Department of Motor Vehicles; the Workers’ Compensation 27 Commission; the State Accident Fund; the Second Injury Fund; 28 the Employment Security Commission Department of 29 Employment and Workforce; the Department of Consumer 30 Affairs; the Human Affairs Commission; the Department of 31 Health and Environmental Control; the Department of Social 32 Services; the Department of Health and Human Services; the 33 Department of Labor, Licensing and Regulation; all other state 34 boards, commissions, and agencies; the Office of the Attorney 35 General of South Carolina; or the prosecuting attorney of any 36 judicial circuit, county, municipality, or political subdivision of 37 this State or of the United States, and their respective employees or 38 personnel acting in their official capacity.” 39 40 SECTION 30. Section 3855570(C) of the 1976 Code is amended 41 to read: 42

[4390] 25 1 “(C) Any authorized agency provided with or obtaining 2 information relating to a suspected false statement or 3 misrepresentation as provided for above may release or provide the 4 information to any other authorized agency. The Department of 5 Insurance, the Department of Revenue, the Department of Public 6 Safety SLED, and the Department of Motor Vehicles shall report, 7 but not adjudicate, all cases of suspected or reported false 8 statement or misrepresentation to the Insurance Fraud Division of 9 the Office of Attorney General of South Carolina for appropriate 10 investigation or prosecution, or both. The Workers’ Compensation 11 Commission may refer such cases as provided in Section 429440.” 12 13 SECTION 31. Section 38771120(a)(1) of the 1976 Code is 14 amended to read: 15 16 “(1) the South Carolina State Law Enforcement Division, the 17 Department of Public Safety, the sheriff’s department of any 18 county of this State, and any duly constituted criminal 19 investigative department or agency of another state of the United 20 States;” 21 22 SECTION 32. Section 399230 of the 1976 Code, as last 23 amended by Act 501 of 1994, is further amended to read: 24 25 “Section 399230. The Commissioner of Agriculture has 26 general advisory authority over the implementation of the metric 27 system in this State. To assist in the implementation there is 28 created a nine member advisory committee including the executive 29 officers or their designated staff member from the State Law 30 Enforcement Division, the State Commission on Higher 31 Education, the State Board for Technical and Comprehensive 32 Education, the State Department of Education, the South Carolina 33 Department of Transportation, State Department of Public Safety 34 SLED, the Department of Commerce, one member appointed by 35 the Governor who is associated with the textile industry and serves 36 without compensation, and one member appointed by the 37 Governor from his staff. If a designated member ceases to be on 38 the staff of the state agencies provided in this section, he no longer 39 is a member of the advisory committee, and the executive officer 40 shall serve or designate another member of his staff to serve on the 41 committee. Members of the committee serve until this section and 42 Section 399240 have been implemented fully. The Commissioner

[4390] 26 1 of Agriculture, with the assistance and recommendations of the 2 committee, shall: 3 (1) formulate a suggested program necessary to plan for the 4 gradual implementation in the commerce of this State to the metric 5 system; 6 (2) provide to the General Assembly recommendations for 7 achieving conversion of units of measurement as used in this State 8 to the metric system; 9 (3) encourage all state departments, divisions, agencies, 10 boards, and commissions having authority or responsibility in 11 matters concerning standards of weights and measurement to 12 initiate planning for the gradual conversion to and implementation 13 of the metric system of weights and measures of this State.” 14 15 SECTION 33. Section 4351250 of the 1976 Code, as added by 16 Act 102 of 1995, is amended to read: 17 18 “Section 4351250. To promote independence and assist AFDC 19 families in participating in the Department of Social Services 20 employment and training program and in getting to their place of 21 employment, reliable transportation services are needed. The 22 department in conjunction with the Department of Public Safety 23 SLED shall endorse local efforts to develop a statewide network of 24 mass transit systems.” 25 26 SECTION 34. Section 444130(Q) of the 1976 Code is amended 27 to read: 28 29 “(Q) ‘Public safety authority’ means the Department of Public 30 Safety, the State Law Enforcement Division (SLED), or designated 31 persons authorized to act on behalf of the Department of Public 32 Safety, the State Law Enforcement Division including, but not 33 limited to, local governmental agencies that act principally to 34 protect or preserve the public safety, or fulltime commissioned law 35 enforcement persons.” 36 37 SECTION 35. Section 541760 of the 1976 Code, as added by 38 Act 90 of 2003, is amended to read: 39 40 “Section 541760. The Maritime Security Commission and the 41 Naval Militia must coordinate their activities with federal, state, 42 and local agencies responsible for maritime homeland security and 43 Naval Militia functions as they relate to this title. These agencies

[4390] 27 1 shall include, but are not limited to, the State Law Enforcement 2 Division, the Departments of Natural Resources, Public Safety, 3 and Transportation and the Military Department, and their several 4 state agencies; state, county, and municipal police departments 5 including marine police components; and the South Carolina 6 Army and Air National Guard.” 7 8 SECTION 36. Section 561286(K)(1) of the 1976 Code, as last 9 amended by Act 264 of 2012, is further amended to read: 10 11 “(1) obtain a temporary alcohol license by filing with the 12 Department of Motor Vehicles a form for this purpose. A 13 onehundreddollar fee must be assessed for obtaining a temporary 14 alcohol license. Twentyfive dollars of the fee collected by the 15 Department of Motor Vehicles must be distributed to the 16 Department of Public Safety SLED for supplying and maintaining 17 all necessary vehicle videotaping equipment. The remaining 18 seventyfive dollars must be placed by the Comptroller General into 19 a special restricted account to be used by the Department of Motor 20 Vehicles to defray its expenses. The temporary alcohol license 21 allows the person to drive a motor vehicle without any restrictive 22 conditions pending the outcome of the contested case hearing 23 provided for in this section or the final decision or disposition of 24 the matter; and” 25 26 SECTION 37. Section 561460(C) of the 1976 Code is amended 27 to read: 28 29 “(C) One hundred dollars of each fine imposed pursuant to this 30 section must be placed by the Comptroller General into a special 31 restricted account to be used by the Department of Public Safety 32 SLED for the Highway Patrol.” 33 34 SECTION 38. Section 5611320(B) of the 1976 Code is amended 35 to read: 36 37 “(B) Ninetyfive dollars of the collected fee must be credited to 38 the General Fund of the State for use of the Department of Public 39 Safety by SLED in the hiring, training, and equipping of members 40 of the South Carolina Highway Patrol and Transportation Police 41 and in the operations of the South Carolina Highway Patrol and 42 Transportation Police.” 43

[4390] 28 1 SECTION 39. Section 5611760 of the 1976 Code is amended to 2 read: 3 4 “Section 5611760. Every licensee shall have his license in his 5 immediate possession at all times when operating a moped and 6 shall display it upon demand of any officer or agent of the 7 Department of Public Safety SLED or any police officer of the 8 State.” 9 10 SECTION 40. Section 5612220(G) of the 1976 Code, as added 11 by Act 232 of 2008, is amended to read: 12 13 “(G)The records required by this section are subject to 14 inspection by the Department of Public Safety SLED.” 15 16 SECTION 41. Section 5612230(E) of the 1976 Code, as added 17 by Act 232 of 2008, is amended to read: 18 19 “(E) Fines collected pursuant to this section must be credited to 20 the Department of Public Safety’s SLED’s Transport Police 21 Division Section.” 22 23 SECTION 42. Section 563662 of the 1976 Code is amended to 24 read: 25 26 “Section 563662. The Department of Motor Vehicles shall 27 charge a fee of five dollars for each identifier. The fivedollar 28 identifier fee must be remitted to the general fund. The 29 Department of Motor Vehicles may promulgate regulations 30 pursuant to this section. The fivedollar fee collected pursuant to 31 this section must be placed in a special restricted account by the 32 Comptroller General to be used by the Department of Public 33 Safety SLED for the administration and enforcement of the 34 provisions contained in Articles 3 and 5 of, Chapter 23, Title 58, 35 and for the building or renovation of weigh stations. All 36 unexpended funds from prior years collected under this section 37 may be retained and carried forward by the Department of Public 38 Safety SLED and used for these purposes.” 39 40 SECTION 43. Section 563663 of the 1976 Code is amended to 41 read: 42

[4390] 29 1 “Section 563663. The Department of Motor Vehicles is 2 authorized to enter into reciprocal agreements with the regulatory 3 agencies of other states having jurisdiction and authority over 4 motor carriers to provide for base state agreements in which the 5 registration of interstate carriers operating in participating states 6 may be accomplished by registration in one base state. Carriers 7 registering in this State under these agreements are subject to the 8 jurisdiction and authority of the Department of Public Safety 9 SLED and the Department of Motor Vehicles for enforcement 10 purposes. When the carrier’s base state is South Carolina, the 11 Department of Motor Vehicles may require further filings of 12 certificates of insurance, surety bonds, and other documents to 13 show the carrier’s qualifications to operate. Participating carriers 14 shall register their authority directly with the Department of Motor 15 Vehicles and not with other state or local agencies.” 16 17 SECTION 44. Section 563840 of the 1976 Code, as last 18 amended by Act 353 of 2008, is further amended to read: 19 20 “Section 563840. The owner of every vehicle required to be 21 registered and licensed under the provisions of this chapter who 22 fails to register and license the vehicle and pay the specified fees 23 or renewal, when and as required, upon registering the vehicle 24 shall pay to the Department of Motor Vehicles a delinquency 25 penalty fee of ten dollars, if the owner is delinquent less than 26 fifteen days. If the owner is delinquent by fifteen days but less 27 than thirty days, he shall pay a delinquency penalty of twentyfive 28 dollars. If the owner is delinquent by more than thirty days but 29 less than ninety days, he shall pay a delinquency penalty fee of 30 fifty dollars to the department Department of Motor Vehicles. If 31 the owner is delinquent by more than ninety days, he shall pay a 32 delinquency penalty fee of seventyfive dollars to the department 33 Department of Motor Vehicles. However, there is no delinquency 34 penalty fee for campers and travel trailers subject to the 35 registration fee under Section 563720. 36 A person who drives, moves, or operates on a highway a vehicle 37 for which a registration and license are required but have not been 38 obtained within thirty days of the date when required is guilty of a 39 misdemeanor. 40 All monies collected pursuant to this section, not to exceed the 41 actual revenues collected in fiscal year 19992000, must be 42 annually deposited to a separate account and held in reserve for the 43 Department of Public Safety SLED. Notwithstanding any other

[4390] 30 1 provision of law, these monies must be deposited to the credit of 2 the department SLED into a special fund in the office of the State 3 Treasurer designated as the ‘Department of Public Safety SLED 4 Building Fund’. The Department of Public Safety SLED must use 5 these monies and other unobligated monies for the purpose of 6 issuing revenue bonds or for entering into a lease purchase 7 agreement for a headquarters facility, including the renovation of 8 existing facilities. The Department of Public Safety SLED is 9 authorized to initiate and direct a capital project to purchase or 10 construct a new headquarters facility. Projects funded under this 11 section other than for the construction or purchase of a new 12 headquarters facility, including but not limited to, the expansion or 13 renovation of an existing facility, must be approved by a joint 14 resolution provided that if the Department of Public Safety SLED 15 employs a lease purchase agreement to build or purchase a new 16 headquarters facility, the lease purchase agreement must be 17 approved by the State Budget and Control Board. The cost of a 18 headquarters facility must not exceed thirty million dollars unless a 19 parking facility or garage is required.” 20 21 SECTION 45. Section 565330 of the 1976 Code is amended to 22 read: 23 24 “Section 565330. ‘Safety glass’ shall mean any product 25 composed of glass, so manufactured, fabricated or treated as 26 substantially to prevent shattering and flying of the glass when 27 struck or broken or such other or similar product as may be 28 approved by the Department of Public Safety SLED.” 29 30 SECTION 46. Section 565380 of the 1976 Code is amended to 31 read: 32 33 “Section565380. Every county and municipality in this State and 34 any other local board or body having authority to maintain any 35 public highways or to regulate the traffic thereon, but not including 36 the Department of Public Safety SLED, is a ‘local authority’.” 37 38 SECTION 47. Section 565765(A) and (B) of the 1976 Code is 39 amended to read: 40 41 “(A) When a motor vehicle or motorcycle of a law enforcement 42 agency, except a motor vehicle or motorcycle of the Department of 43 Public Safety SLED, is involved in a traffic collision that: (1)

[4390] 31 1 results in an injury or a death, or (2) involves a privatelyowned 2 motor vehicle or motorcycle, regardless of whether another motor 3 vehicle or motorcycle is involved, the State Highway Patrol must 4 investigate the collision and must file a report with findings on 5 whether the agency motor vehicle or motorcycle was operated 6 properly within the guidelines of appropriate statutes and 7 regulations. 8 (B) When a motor vehicle or motorcycle of the Department of 9 Public Safety SLED is involved in a traffic collision that: (1) 10 results in an injury or a death, or (2) involves a privatelyowned 11 motor vehicle or motorcycle, regardless of whether another motor 12 vehicle or motorcycle is involved, the sheriff of the county in 13 which the collision occurred must investigate the collision, 14 regardless of whether the collision occurred within an incorporated 15 jurisdiction, and must file a report with findings on whether the 16 Department of Public Safety’s SLED’s motor vehicle or 17 motorcycle was operated properly within the guidelines of 18 appropriate statutes and regulations.” 19 20 SECTION 48. Section 5651270 of the 1976 Code is amended to 21 read: 22 23 “Section 5651270. The operator or owner of a motor vehicle 24 involved in an accident resulting in injury to or death of any person 25 or total property damage to an apparent extent of one thousand 26 dollars or more which was not investigated by a law enforcement 27 officer, within fifteen days after the accident, shall forward a 28 written report and verification of liability insurance coverage of 29 the accident to the Department of Motor Vehicles, the proof and 30 report to be in a manner prescribed by the Department of Motor 31 Vehicles and the Department of Public Safety SLED. The 32 completed and verified form must be returned by the operator or 33 owner to the Department of Motor Vehicles within fifteen days 34 from the accident date. Failure to forward the accident report 35 verified in the proper manner in respect to liability insurance 36 coverage for the operation of the vehicle involved in the accident is 37 prima facie evidence that the vehicle was uninsured. 38 Every law enforcement officer who, in the regular course of 39 duty, investigates a motor vehicle accident that results in injury to 40 or death of any person or total property damage to an apparent 41 extent of one thousand dollars or more either at the time of and at 42 the scene of the accident or after the accident by interviewing 43 participants or witnesses, within twentyfour hours after completing

[4390] 32 1 the investigation, must forward a written report of the accident to 2 the Department of Motor Vehicles including the names of 3 interviewed participants and witnesses. If a twowheeled motorized 4 vehicle is involved in the accident and the operator or a passenger 5 of the vehicle suffers a head injury, the injury must be indicated on 6 the report.” 7 8 SECTION 49. Section 5651300 of the 1976 Code is amended to 9 read: 10 11 “Section 5651300. The Department of Public Safety SLED shall 12 prepare and upon request supply to police departments, coroners, 13 sheriffs, garages and other suitable agencies or individuals forms 14 for accident reports required hereunder, appropriate with respect to 15 the persons required to make such reports and the purposes to be 16 served. The written reports to be made by persons involved in 17 accidents and by investigating officers shall call for sufficiently 18 detailed information to disclose with reference to a traffic accident 19 the cause, conditions then existing and the persons and vehicles 20 involved. Every accident report required to be made in writing 21 shall be made on the appropriate form approved by the Department 22 SLED and shall contain all of the information required therein 23 unless not available.” 24 25 SECTION 50. Section 5651320 of the 1976 Code is amended to 26 read: 27 28 “Section 5651320. Every coroner or other official performing 29 like functions shall on or before the tenth day of each month report 30 in writing to the Department of Public Safety SLED the death of 31 any person within his jurisdiction during the preceding calendar 32 month as the result of a traffic accident, giving the time and place 33 of the accident and the circumstances relating thereto.” 34 35 SECTION 51. Section 5651330 of the 1976 Code is amended to 36 read: 37 38 “Section 5651330. The person in charge of any garage or repair 39 shop to which is brought any motor vehicle which shows evidence 40 of having been involved in an accident of which report must be 41 made as provided in Section 5651270 or struck by any bullet shall 42 report to the Department of Public Safety SLED within twentyfour 43 hours after such motor vehicle is received, giving the engine

[4390] 33 1 number, registration number and the name and address of the 2 owner or operator of such vehicle.” 3 4 SECTION 52. Section 5651340 of the 1976 Code is amended to 5 read: 6 7 “Section 5651340. All accident reports made by persons 8 involved in accidents shall be without prejudice to the individual 9 so reporting and shall be for the confidential use of the Department 10 of Motor Vehicles, Department of Public Safety SLED, or other 11 State agencies having use for the records for accident prevention 12 purposes. The Department of Motor Vehicles may disclose the 13 identity of a person involved in an accident when such identity is 14 not otherwise known or when such person denies his presence at 15 such accident and may upon request disclose to any person who 16 has suffered injury to his person or property any information 17 contained on any report regarding the existence of insurance. No 18 such report shall be used as evidence in any trial, civil or criminal, 19 arising out of an accident, except that the Department of Motor 20 Vehicles shall furnish, upon demand of any person who has, or 21 claims to have, made such a report or upon demand of any court, a 22 certificate showing that a specified accident report has or has not 23 been made to the Department of Motor Vehicles solely to prove a 24 compliance or a failure to comply with the requirement that such a 25 report be made to the Department of Motor Vehicles.” 26 27 SECTION 53. Section 5651350 of the 1976 Code is amended to 28 read: 29 30 “Section 5651350. The Department of Public Safety SLED 31 must tabulate and may analyze all accident reports as required in 32 Section 5651270 and shall publish annually or at more frequent 33 intervals statistical information based thereon as to the number and 34 circumstances of traffic accidents.” 35 36 SECTION 54. Section 5651520(I) of the 1976 Code is amended 37 to read: 38 39 “(I) In expending the funds credited to the state general fund 40 from fines generated under subsection (G), the Department of 41 Public Safety SLED first shall consider the need for additional 42 highway patrolmen.” 43

[4390] 34 1 SECTION 55. Section 5652930(F) of the 1976 Code, as last 2 amended by Act 201 of 2008, is further amended to read: 3 4 “(F) One hundred dollars of each fine imposed pursuant to this 5 section must be placed by the Comptroller General into a special 6 restricted account to be used by the Department of Public Safety 7 SLED for the Highway Patrol.” 8 9 SECTION 56. Section 5652933(F) of the 1976 Code, as last 10 amended by Act 201 of 2008, is further amended to read: 11 12 “(F) One hundred dollars of each fine imposed pursuant to this 13 section must be placed by the Comptroller General into a special 14 restricted account to be used by the Department of Public Safety 15 SLED for the Highway Patrol.” 16 17 SECTION 57. Section 5652945(C) of the 1976 Code is amended 18 to read: 19 20 “(C) One hundred dollars of each fine imposed pursuant to this 21 section must be placed by the Comptroller General into a special 22 restricted account to be used by the Department of Public Safety 23 SLED for the Highway Patrol.” 24 25 SECTION 58. Section 5652951(B)(1) of the 1976 Code, as last 26 amended by Act 264 of 2012, is further amended to read: 27 28 “(1) obtain a temporary alcohol license by filing with the 29 Department of Motor Vehicles a form for this purpose. A one 30 hundred dollar fee must be assessed for obtaining a temporary 31 alcohol license. Twentyfive dollars of the fee must be distributed 32 by the Department of Motor Vehicles to the Department of Public 33 Safety SLED for supplying and maintaining all necessary vehicle 34 videotaping equipment. The remaining seventyfive dollars must 35 be placed by the Comptroller General into a special restricted 36 account to be used by the Department of Motor Vehicles to defray 37 its expenses. The temporary alcohol license allows the person to 38 drive without any restrictive conditions pending the outcome of the 39 contested case hearing provided for in subsection (F) or the final 40 decision or disposition of the matter. If the suspension is upheld at 41 the contested case hearing, the temporary alcohol license remains 42 in effect until the Office of Motor Vehicle Hearings issues the 43 hearing officer’s decision and the Department of Motor Vehicles

[4390] 35 1 sends notice to the person that he is eligible to receive a restricted 2 license pursuant to subsection (H); and” 3 4 SECTION 59. Section 5652953(D),(E), and (F) of the 1976 5 Code, as last amended by Act 201 of 2008, is further amended to 6 read: 7 8 “(D) SLED is responsible for purchasing, maintaining, and 9 supplying all necessary video recording equipment for use at the 10 breath test sites. SLED also is responsible for monitoring all 11 breath test sites to ensure the proper maintenance of video 12 recording equipment. The Department of Public Safety SLED is 13 responsible for purchasing, maintaining, and supplying all 14 videotaping equipment for use in all law enforcement vehicles 15 used for traffic enforcement. The Department of Public Safety 16 SLED also is responsible for monitoring all law enforcement 17 vehicles used for traffic enforcement to ensure proper maintenance 18 of video recording equipment. 19 (E) Beginning one month from the effective date of this 20 section, all of the funds received in accordance with Section 21 141208(C)(9) must be expended by SLED to equip all breath test 22 sites with video recording devices and supplies. Once all breath 23 test sites have been equipped fully with video recording devices 24 and supplies, eightyseven and onehalf percent of the funds 25 received in accordance with Section 141208(C)(9) must be 26 expended by the Department of Public Safety SLED to purchase, 27 maintain, and supply video recording equipment for vehicles used 28 for traffic enforcement. The remaining twelve and onehalf percent 29 of the funds received in accordance with Section 141208(C)(9) 30 must be expended by SLED to purchase, maintain, and supply 31 video recording equipment for the breath test sites. Funds must be 32 distributed by the State Treasurer to the Department of Public 33 Safety and SLED on a monthly basis. The Department of Public 34 Safety and SLED are is authorized to carry forward any 35 unexpended funds received in accordance with Section 141208(C) 36 (9) as of June thirtieth of each year and to expend these carried 37 forward funds for the purchase, maintenance, and supply of video 38 recording equipment. The Department of Public Safety and SLED 39 must report the revenue received under this section and the 40 expenditures for which the revenue was used as required in the 41 department’s and SLED’s annual appropriation request to the 42 General Assembly.

[4390] 36 1 (F) The Department of Public Safety and SLED must 2 promulgate regulations necessary to implement the provisions of 3 this section.” 4 5 SECTION 60. Section 5653660 of the 1976 Code is amended to 6 read: 7 8 “Section 5653660. It shall be unlawful for any person under the 9 age of twentyone to operate or ride upon a twowheeled motorized 10 vehicle unless he wears a protective helmet of a type approved by 11 the Department of Public Safety SLED. Such a helmet must be 12 equipped with either a neck or chin strap and be reflectorized on 13 both sides thereof. The department is hereby authorized to adopt 14 and amend regulations covering the types of helmets and the 15 specifications therefor and to establish and maintain a list of 16 approved helmets which meet the specifications as established 17 hereunder.” 18 19 SECTION 61. Section 5653670 of the 1976 Code is amended to 20 read: 21 22 “Section 5653670. It shall be unlawful for any person under the 23 age of twentyone to operate a twowheeled motorized vehicle 24 unless he wears goggles or a face shield of a type approved by the 25 Department of Public Safety SLED. The department SLED is 26 hereby authorized to adopt and amend regulations covering types 27 of goggles and face shields and the specifications therefor and to 28 establish and maintain a list of approved goggles and face shields 29 which meet the specifications as established hereunder.” 30 31 SECTION 62. Section 5653680 of the 1976 Code is amended to 32 read: 33 34 “Section 5653680. The provisions of Section 5653670 with 35 respect to goggles and face shields shall not apply to the operator 36 of a twowheeled motorized vehicle equipped with a wind screen 37 meeting specifications established by the Department of Public 38 Safety SLED. The department SLED is hereby authorized to 39 adopt and amend regulations covering types of wind screens and 40 specifications therefor.” 41 42 SECTION 63. Section 5653690 of the 1976 Code is amended to 43 read:

[4390] 37 1 2 “Section 5653690. It shall be unlawful to sell, offer for sale or 3 distribute any protective helmets, goggles or face shields for use 4 by the operators of twowheeled motorized vehicles, or protective 5 helmets for the use of passengers thereon, unless they are of a type 6 and specification approved by the Department of Public Safety 7 SLED and appear on the list of approved devices maintained by 8 the department SLED.” 9 10 SECTION 64. Section 5653900(B)(2) of the 1976 Code is 11 amended to read: 12 13 “(2) the child is secured or restrained by a seat belt 14 manufactured in compliance with Federal Motor Vehicle Safety 15 Standard No. 208, installed to support a load of not less than five 16 thousand pounds for each belt, and of a type approved by the 17 Department of Public Safety SLED;” 18 19 SECTION 65. Section 5654030(B) of the 1976 Code is amended 20 to read: 21 22 “(B) The total outside width of a vehicle or the load on it may 23 not exceed one hundred two inches exclusive of safety devices 24 approved by the Department of Public Safety SLED.” 25 26 SECTION 66. Section 5654035 of the 1976 Code is amended to 27 read: 28 29 “Section 5654035. The Department of Transportation may, 30 under such terms and conditions as it may deem to be in the public 31 interest for safety on the highways and in addition to any other 32 permits required by Title 56, issue annual permits for vehicles 33 transporting culvert pipe on public highways. No permit shall be 34 issued for loads exceeding a width of one hundred six inches, 35 exclusive of safety devices approved by the Department of Public 36 Safety SLED. The fee for each permit shall be fifteen dollars for 37 each vehicle hauling such loads. 38 Any person violating the provisions of this section or any 39 regulation promulgated by authority hereof shall be deemed guilty 40 of a misdemeanor and upon conviction shall be fined in an amount 41 not to exceed two hundred dollars or imprisoned for a term not to 42 exceed thirty days.” 43

[4390] 38 1 SECTION 67. Section 5654070(A) and (B) of the 1976 Code is 2 amended to read: 3 4 “(A) Two or three unit vehicle combinations may be operated on 5 the National System of Interstate and Defense Highways, on those 6 qualifying federalaid highways so designated by the United States 7 Secretary of Transportation, and on other highways as designated 8 by the Department of Transportation in accordance with Section 9 5654075. The Department of Public Safety SLED may require 10 warning devices which may be necessary to protect public safety. 11 When in use on the National System of Interstate and Defense 12 Highways and ‘other qualifying highways’: 13 (1) No trailer or semitrailer may be operated in a two unit 14 truck tractortrailer or truck tractorsemitrailer combination in 15 excess of fiftythree feet, inclusive of the load carried on it. A 16 fiftythree foot long trailer must be equipped with a rear underride 17 guard, and the distance between the kingpin of the vehicle and the 18 center of the rear axle assembly or to the center of the tandem axle 19 assembly if equipped with two axles may be no greater than 20 fortyone feet. 21 (2) A trailer or semitrailer, operating in a three unit 22 combination, may not exceed a length of twentyeight and onehalf 23 feet, inclusive of the load carried on it. 24 (3) Auto and boat transporters may not have an overall 25 length in excess of seventyfive feet, exclusive of front and rear 26 overhang. However, front overhang may not exceed three feet, 27 and rear overhang may not exceed four feet. 28 (4) Saddle mounts and full mounts may not have an overall 29 length in excess of seventyfive feet. 30 (B) No motor vehicle, exclusive of truck tractors being used in 31 two or three unit combinations on the National System of Interstate 32 and Defense Highways, on those qualifying federalaid highways 33 so designated by the United States Secretary of Transportation, and 34 on other highways as designated by the Department of 35 Transportation in accordance with Section 5654075, may exceed a 36 length of forty feet extreme overall dimension, inclusive of front 37 and rear bumpers and load carried on it, except buses as approved 38 by the Department of Public Safety SLED, or motor homes which 39 may not exceed fortyfive feet in length, if the turning radius of the 40 motor home is fortyeight feet or less.” 41 42 SECTION 68. Section 5654075 of the 1976 Code is amended to 43 read:

[4390] 39 1 2 “Section 5654075. The Department of Public Safety SLED and 3 the Department of Transportation may promulgate regulations as 4 necessary to implement the provisions of this article. Regulations 5 may be promulgated to make designations as are necessary to 6 provide for those vehicles which operate on the National System of 7 Interstate and Defense Highways and ‘other qualifying highways’ 8 pursuant to Sections 5654030 and 5654070 reasonable access to: 9 (a) terminals, facilities for food, fuel, repairs, and rest; 10 (b) points of loading and unloading for household goods 11 carriers and auto transporters; and 12 (c) specific industrial, commercial, warehousing, and similar 13 sites, only after consulting with and considering the views of the 14 local governments through whose jurisdictions such specific site 15 access would pass. 16 The Department of Transportation may cooperate with the 17 United States Government by providing information to accomplish 18 uniformity in designating ‘other qualifying highways’. The 19 information may only be provided after safety and operational 20 requirements of the citizens of this State have been studied by the 21 Department of Transportation. Any proposals by the Department 22 of Transportation to add highways, other than those provided for in 23 (a), (b), and (c) of this section, to the network of ‘qualifying 24 highways’ designated by the U. S. Secretary of Transportation 25 must be approved by the General Assembly before they become 26 effective. 27 The Governor may petition the Secretary of Transportation of 28 the United States to remove any highway federally designated 29 under the Surface Transportation Assistance Act of 1982 [49 30 USCS Appx Sections 2301 et seq.], as amended by Congress, and 31 not considered safe.” 32 33 SECTION 69. The first two paragraphs of Section 5654140(A) 34 (4) of the 1976 Code are amended to read: 35 36 “(4) Vehicles with an overall maximum gross weight in excess 37 of 75,185 pounds may operate upon any highway or section of 38 highway in the Interstate System up to an overall maximum of 39 80,000 pounds in accordance with the following: 40 The weight imposed upon the highway by any group of two or 41 more consecutive axles may not, unless specially permitted by the 42 Department of Public Safety SLED exceed an overall gross weight 43 produced by the application of the following formula:

[4390] 40 1 W = 500 (LN/N1 + 12N + 36).” 2 3 SECTION 70. Section 5654160 of the 1976 Code, as last 4 amended by Act 234 of 2008, is further amended to read: 5 6 “Section 5654160. (A) An officer or agent of the Department 7 of Public Safety SLED having reason to believe that the weight of 8 a vehicle and load is unlawful may require the driver to stop and 9 submit to a weighing of the vehicle and load either by means of 10 portable or stationary scales and may require that the vehicle be 11 driven to the nearest public scales. Whenever an officer upon 12 weighing a vehicle and load determines that the weight is 13 unlawful, he may require the driver to stop the vehicle in a suitable 14 place and remain standing until the portion of the load necessary to 15 reduce the axle weight, or gross weight of the vehicle, or both, to 16 the limits permitted under this chapter is removed. All material 17 unloaded must be cared for by the owner or operator of the vehicle 18 at his own risk. In determining whether the limits established by 19 Section 5654130 or 5654140 have been exceeded, the scaled 20 weights of the gross weight of vehicles and combinations of 21 vehicles are considered to be not closer than ten percent to the true 22 gross weight, except as otherwise provided in Section 5654140. 23 (B) A person who operates a vehicle on a public highway 24 whose axle weight is in excess of the limits imposed by Section 25 5654130 or 5654140 is guilty of a misdemeanor and, upon 26 conviction, must be fined five cents per pound or imprisoned not 27 more than thirty days, or both. If a vehicle does not exceed the 28 gross weight limits provided for by this article, and the axle weight 29 limits are not exceeded by more than five percent including 30 enforcement tolerances, the fine imposed is reduced by fifty 31 percent with a minimum fine of twentyfive dollars. 32 (C) A person who operates a vehicle found to exceed the excess 33 gross weight limitations imposed by Section 5654130 or 5654140 34 is guilty of a misdemeanor and, upon conviction, shall pay to the 35 Department of Public Safety SLED a fine based on the following 36 scale: 37 (1) 5003,500 pounds: four cents per pound over weight 38 limit; 39 (2) 3,5016000 pounds: six cents per pound over weight 40 limit, beginning with the first pound in excess; 41 (3) 6,001 pounds and over: ten cents per pound over weight 42 limit, beginning with the first pound in excess.

[4390] 41 1 The fine imposed pursuant to items (1) and (2) must be equal to 2 onehalf the rate for vehicles transporting raw farm or forest 3 products from the farm or forest to the first market, or by fully 4 enclosed motor vehicles designed specifically for collecting, 5 compacting, and hauling garbage from residences or from garbage 6 dumpsters, or by motor vehicles operating open top trailers used 7 for hauling recyclables, scrap, and waste materials from sites 8 without facilities for weighing, when operating for those purposes. 9 If an operator is found to be in violation of both gross and axle 10 limits, only one citation may be issued, the fine being for the 11 greater of the two, for that load. No fine may be issued for 12 violation of the vehicle registration statutes if that vehicle is 13 registered for the maximum allowable weight for that class of 14 vehicle as provided in Section 5654140. 15 If the operator of the vehicle, upon conviction, fails to remit the 16 fine imposed by this subsection to the Department of Public Safety 17 SLED, the owner of the vehicle is responsible for remitting the 18 fine. The court is prohibited from suspending any portion of this 19 fine. 20 (D)(1) A person who operates a vehicle found to have 21 outofservice violations, other than violations of brakes out of 22 adjustment and lighting violations which can be repaired at the 23 scene, detected during a roadside inspection, is guilty of a 24 misdemeanor and, upon conviction, shall pay to the Department of 25 Public Safety SLED a fine of two hundred dollars. 26 (2)(a) An individual who operates a commercial motor 27 vehicle on a public highway whose vehicle or driver is in violation 28 of the outofservice order as defined in 49 CFR C.F.R. 390.5 is 29 guilty of a misdemeanor and, upon conviction, must be fined five 30 hundred dollars. 31 (b) A company or individual who operates or allows a 32 commercial motor vehicle to be operated on a public highway in 33 violation of a motor carrier operation outofservice order, or order 34 to cease operation, is guilty of a misdemeanor and, upon 35 conviction, must be fined one thousand dollars. 36 (3) If the operator of the vehicle, upon conviction, fails to 37 remit the fine imposed by this subsection to the Department of 38 Public Safety SLED, the owner of the vehicle is responsible for 39 remitting the fine. The court is prohibited from suspending any 40 portion of this fine. 41 (E) At the time that a uniform size, weight, and safety citation 42 is issued pursuant to this section, the officer or agent who is 43 authorized to issue the citation must inform the individual

[4390] 42 1 receiving the citation that he has the option, at that time, to elect to 2 pay his fine directly to the Department of Public Safety SLED or 3 to receive a hearing in magistrate’s magistrates court. If the 4 individual at the time the citation is issued elects to pay his fine 5 directly to the department within twentyeight days, as specified on 6 the citation, no assessments may be added to the original fine 7 pursuant to this section. The fine may be deposited with the 8 arresting officer or a person the department SLED may designate. 9 The fine must be deposited in full or other arrangements 10 satisfactory to the department SLED for payment must be made 11 before the operator is allowed to move the vehicle. 12 (F) Magistrates have jurisdiction of all contested violations of 13 this section. All monies collected pursuant to Section 5654160 14 must be forwarded to the Department of Public Safety SLED as 15 provided for in this section. A magistrate, within fortyfive days, 16 must forward all monies collected to the department for deposit in 17 the account established in this section. The department shall use 18 these monies to establish and maintain automated data bases, to 19 upgrade and refurbish existing weigh stations, to purchase and 20 maintain portable scales, to hire additional State Transport Police 21 Officers, to purchase equipment for State Transport Police 22 Officers, and to procure other commercial motor vehicle safety 23 measures, and fund other commercial motor vehicle safety 24 programs that the department considers necessary. The fine may 25 be deposited with the arresting officer or a person the department 26 may designate. The fine must be deposited in full or other 27 arrangements satisfactory to the department for payment must be 28 made before the operator is allowed to move the vehicle. If there 29 is no conviction, the fine must be returned to the owner promptly. 30 ‘Conviction’, as used in this section, also includes the entry of a 31 plea of guilty or nolo contendere and the forfeiture of bail or 32 collateral deposited to secure a defendant’s presence in the court. 33 If the fine is not paid in full to the Department of Public Safety 34 SLED within fortyfive days after conviction, the license and 35 registration of the vehicle found to violate Section 58231120 or 36 Regulations 38423 et seq. or exceed the limits imposed by Section 37 5654130 or 5654140 must be suspended. The owner of the 38 vehicles immediately shall return the license and registration of the 39 vehicle to the Department of Motor Vehicles. If a person fails to 40 return them as provided in this section, the Department of Motor 41 Vehicles may secure possession of them by a commissioned 42 trooper or officer. The suspension continues until the fine is paid 43 in full.

[4390] 43 1 (G) The Department of Public Safety SLED shall provide a 2 separate uniform citation to be used by the State Transport Police 3 Division Section of the Department of Public Safety SLED. The 4 uniform citation must be used for all size, weight, idling, and 5 safety violations which the State Transport Police Division Section 6 of the Department of Public Safety SLED is primarily responsible 7 for enforcing. 8 (H) The issuance of a uniform citation to the operator of a 9 vehicle for a violation of this section, Section 58231120, or 10 Regulation 38423, et seq., constitutes notice to the owner of the 11 violation. The uniform citation must include the following 12 language in bold letters to be printed across the bottom of the 13 citation ‘THE ISSUANCE OF A UNIFORM CITATION NOTICE 14 TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE 15 TO THE OWNER OF A SIZE, WEIGHT, IDLING, OR SAFETY 16 VIOLATION’. 17 (I) An individual who fails to conduct a safety inspection of a 18 vehicle as required by Part 396 of the Federal Motor Carrier Safety 19 Regulations or fails to have in his possession documentation that 20 an inspection has been performed must be fined one hundred 21 dollars per vehicle operated in violation of this subsection. 22 (J) Motor carriers, officers, or agents in charge of them, who 23 fail or refuse to permit authorized State Transport Police 24 representatives or employees to examine and inspect their books, 25 records, accounts, and documents, or their plants, property, or 26 facilities, as provided by law and with reasonable notice, are guilty 27 of a misdemeanor. Each day of such failure or refusal constitutes a 28 separate offense and each offense is punishable by a fine of one 29 thousand dollars. 30 (K) Notwithstanding any other provision of law, all fines 31 collected pursuant to this section must be deposited into an account 32 in the Office of the State Treasurer and called the ‘Size, Weight, 33 and Safety Revitalization Program Fund for Permanent 34 Improvements’. Monies credited to the fund may only be 35 expended as authorized in item (F) of this section. 36 (L) Notwithstanding any other provision of law, the maximum 37 gross vehicle weight and axle weight limit for a vehicle or 38 combination of vehicles equipped with an idle reduction system, as 39 provided for in 23 U.S.C. 127, may be increased by an amount 40 equal to the weight of the system, not to exceed four hundred 41 pounds. Upon request by a law enforcement officer, the vehicle 42 operator must provide proof that the system is fully functional and

[4390] 44 1 that the vehicle’s gross weight increase allowed pursuant to this 2 section is attributable only to the system.” 3 4 SECTION 71. Section 5654170(C) and (F) of the 1976 Code is 5 amended to read: 6 7 “(C) The Department of Public Safety SLED State Transport 8 Police, if requested by the State Ports Authority, may as a public 9 safety service, enter upon, and perform courtesy inspections of 10 vehicles for purposes of identifying and tagging vehicles which 11 may require mechanical work before being tendered for use on 12 public highways. 13 14 (F) The Department of Public Safety SLED shall develop and 15 maintain a separate database on roadside vehicle inspection reports 16 for power unit defects and for defects on any vehicle tendered to 17 the motor carrier. The database may be used to identify and 18 monitor those entities whose responsibility it is to provide any 19 vehicle to motor carriers in roadworthy conditions as prescribed by 20 the FMCSR. Roadside vehicle inspection reports noting defects on 21 any vehicle where there is not ownership by the motor carrier must 22 not be used or applied against the motor carrier when this 23 information may affect the motor carrier’s overall record of 24 compliance with the FMCSR.” 25 26 SECTION 72. Section 5654840 of the 1976 Code is amended to 27 read: 28 29 “Section 5654840. It shall be unlawful for any person to sell, 30 offer for sale or use any device or equipment which tends to 31 change the original design or performance of any head lamps or 32 any other lamps or reflectors required by law to be attached to 33 motor vehicles, trailers or semitrailers unless the equipment or 34 device has been approved by the director Chief of the Department 35 of Public Safety SLED.” 36 37 38 SECTION 73. Section 5654880 of the 1976 Code is amended to 39 read: 40 41 “Section 5654880. (a) The Department of Public Safety SLED 42 is authorized to require an inspection of the braking system on any 43 motordriven cycle and to disapprove any such braking system on a

[4390] 45 1 vehicle which it finds will not comply with the performance ability 2 standard set forth in Section 5654860, or which in its opinion is 3 equipped with a braking system that is not so designed or 4 constructed as to insure reasonable and reliable performance in 5 actual use. 6 (b) The Department of Motor Vehicles may refuse to register 7 or may suspend or revoke the registration of any vehicle referred 8 to in this section when the Department of Public Safety SLED 9 determines that the braking system thereon does not comply with 10 the provisions of this section. 11 (c) No person shall operate on any highway any vehicle 12 referred to in this section in the event the Department of Public 13 Safety SLED has disapproved the braking system upon such 14 vehicle.” 15 16 SECTION 74. Section 5654970 of the 1976 Code is amended to 17 read: 18 19 “Section 5654970. Any authorized emergency vehicle may be 20 equipped with a siren, whistle or bell capable of emitting sound 21 audible under normal conditions from a distance of not less than 22 five hundred feet and of a type approved by the Department of 23 Public Safety SLED, but such siren shall not be used except when 24 such vehicle is operated in response to an emergency call or in the 25 immediate pursuit of an actual or suspected violator of the law, in 26 which latter event the driver of such vehicle shall sound such siren 27 when necessary to warn pedestrians and other drivers of the 28 approach thereof.” 29 30 SECTION 75. Section 5655015(E) of the 1976 Code is amended 31 to read: 32 33 “(E) Each vehicle equipped with an afterfactory sunscreening 34 device, whether installed by a consumer or professional window 35 tinter, at all times must bear a certificate of compliance. The 36 certificate of compliance must be of a size and form prescribed by 37 the Department of Public Safety SLED. Each certificate of 38 compliance must be properly attached to the vehicle on the inside 39 and lower right hand corner of each window containing an 40 afterfactory installed sunscreen device and must contain the 41 following information: 42 (1) the percentage of light transmission allowed by the 43 sunscreening device;

[4390] 46 1 (2) the identity of the installer by name, address, and 2 telephone number; and 3 (3) date of installation.” 4 5 SECTION 76. Section 5655080 of the 1976 Code is amended to 6 read: 7 8 “Section 5655080. As an alternative it shall be deemed a 9 compliance with Sections 5655060 and 5655070 in the event the 10 person operating any motor vehicle described therein shall carry in 11 such vehicle three portable reflector units on standards of a type 12 approved by the Department of Public Safety SLED. No portable 13 reflector unit shall be approved unless it is so designed and 14 constructed as to include two reflectors, one above the other, each 15 of which shall be capable of reflecting red light clearly visible 16 from all distances within five hundred to fifty feet under normal 17 atmospheric conditions at nighttime when directly in front of 18 lawful upper beams of head lamps.” 19 20 SECTION 77. Section 5655120 of the 1976 Code is amended to 21 read: 22 23 “Section 5655120. In the alternative it shall be deemed a 24 compliance with Sections 5655090, 5655100 or 5655110 in the 25 event three portable reflector units on standards of a type approved 26 by the Department of Public Safety SLED are displayed at the 27 times and under the conditions specified in said sections, either 28 during the daytime or at nighttime, and such portable reflector 29 units shall be placed on the roadway in the locations as described 30 with reference to the placing of electric lanterns and lighted 31 flares.” 32 33 SECTION 78. Section 5655140 of the 1976 Code is amended to 34 read: 35 36 “Section 5655140. Any person operating any vehicle 37 transporting any explosive as a cargo or part of a cargo upon a 38 highway shall at all times comply with the provisions of this 39 section. Such vehicle shall be marked or placarded on each side 40 and the rear with the word ‘Explosive’ in letters not less than eight 41 inches high or there shall be displayed on the rear of such vehicle a 42 red flag not less than twentyfour inches square marked with the 43 word ‘Danger’ in white letters six inches high. Every such vehicle

[4390] 47 1 shall be equipped with not less than two fire extinguishers, filled 2 and ready for immediate use and placed at a convenient point on 3 the vehicle so used. 4 The Department of Public Safety SLED shall promulgate such 5 additional regulations governing the transportation of explosives 6 and other dangerous articles by vehicles upon the highways as it 7 shall deem advisable for the protection of the public.” 8 9 SECTION 79. Section 5655810(e) of the 1976 Code is amended 10 to read: 11 12 “(e) ‘Colored tag’ means any type of notice affixed to an 13 abandoned or derelict vehicle advising the owner or the person in 14 possession that it has been declared an abandoned or derelict 15 vehicle and will be treated as such. The tag shall be of sufficient 16 size to be easily discernable and shall contain such information as 17 the Department of Public Safety SLED deems necessary to carry 18 out the provisions of this article.” 19 20 SECTION 80. Section 5655870 of the 1976 Code is amended to 21 read: 22 23 “Section 5655870. The Department of Public Safety SLED, or 24 any county or municipality may contract with any federal, other 25 state, county, or municipal authority or private enterprise for 26 tagging, collection, storage, transportation, or any other services 27 necessary to prepare derelict or abandoned vehicles for recycling 28 or other methods of disposal. Publiclyowned properties, when 29 available, shall be provided as temporary collecting areas for the 30 motor vehicles defined herein.” 31 32 SECTION 81. Section 5655880 of the 1976 Code is amended to 33 read: 34 35 “Section 5655880. All officers, employees, and agents of any 36 person under contract with the Department of Public Safety SLED, 37 county, or municipality, are authorized to go on private property 38 for the purposes of enforcing this article. No agent or employee of 39 any federal, state, county, or municipal government or other 40 political subdivision, no person or occupant of the premises from 41 which any derelict or abandoned motor vehicle shall be removed, 42 nor any person or firm contracting for the removal of or 43 disposition of any such motor vehicle shall be held criminally or

[4390] 48 1 civilly liable in any way arising out of or caused by carrying out or 2 enforcing any provisions of this article unless such person is guilty 3 of willfulness, wantonness, or recklessness.” 4 5 SECTION 82. Section 5656170 of the 1976 Code is amended to 6 read: 7 8 “Section 5656170. The Department of Public Safety SLED shall 9 administer and enforce the provisions of this chapter with respect 10 to State highways, and law enforcement officers generally shall 11 also enforce this chapter within their respective jurisdictions. No 12 police officer in investigating a traffic accident shall necessarily 13 deem the fact that an accident has occurred as giving rise to the 14 presumption that a violation of a law has occurred. Arrests and 15 criminal prosecution for violation of this chapter shall be based 16 upon evidence of a violation of the law.” 17 18 SECTION 83. Section 5656525(A) of the 1976 Code, as last 19 amended by Act 147 of 2005, is further amended to read: 20 21 “(A) The Department of Public Safety SLED or any other law 22 enforcement agency must not use a ‘Click It or Ticket’ campaign 23 or a similar endeavor of systematic checkpoints or roadblocks as a 24 law enforcement tool where the principal purpose is to detect and 25 issue a ticket to a violator of the provisions of this article on either 26 a primary or secondary basis.” 27 28 SECTION 84. Section 5656560(A) and (B) of the 1976 Code, as 29 added by Act 147 of 2005, is amended to read: 30 31 “(A) Any time a motor vehicle is stopped by a state or local law 32 enforcement officer without a citation being issued or an arrest 33 being made, the officer who initiated the stop must complete a data 34 collection form designed by the Department of Public Safety 35 SLED that must include information regarding the age, gender, 36 and race or ethnicity of the driver of the vehicle. This information 37 may be gathered and transmitted electronically under the 38 supervision of the department division which shall develop and 39 maintain a database storing the information collected. The 40 department division must promulgate rules and regulations with 41 regard to the collection and submission of the information 42 gathered.

[4390] 49 1 (B) The Department of Public Safety SLED shall develop and 2 maintain a database for the information submitted to the 3 department division under subsection (A) and prepare a report to 4 be posted on the department’s division’s website regarding motor 5 vehicle stops using the collected information.” 6 7 SECTION 85. Section 5656565 of the 1976 Code, as added by 8 Act 147 of 2005, is amended to read: 9 10 “Section 5656565.(A)The Department of Public Safety SLED 11 shall develop and implement education programs designed to 12 create awareness of the state’s safety belt laws and to increase 13 safety belt use in rural and ethnically diverse areas throughout the 14 State. The Department of Public Safety SLED, when securing 15 consultant, contractor, and subcontractor services for developing 16 and implementing programs related to safety belt laws, shall select 17 providers that have experience working with the communities the 18 provider is procured to target. The Department of Public Safety 19 SLED shall confer with members of the targeted communities for 20 input on the development of effective safety education programs 21 and on the identification of providers that have the appropriate 22 experience with the targeted communities. 23 (B) The Department of Transportation may develop additional 24 programs to promote safety belt use or may coordinate with the 25 Department of Public Safety SLED to fund and carry out the 26 programs jointly. If there is coordination between the two 27 departments, the Department of Public Safety SLED has final 28 authority on all issues including, but not limited to, program 29 content and dissemination, allocation of funds, and procurement 30 procedures. 31 (C) The Department of Public Safety SLED may use available 32 federal funds or private sector contributions to meet the 33 requirements of subsection (A). The General Assembly may 34 provide funds to supplement federal or private sector funds used 35 by the Department of Public Safety SLED or the Department of 36 Transportation to develop and implement the programs described 37 in subsection (A). The General Assembly shall provide the 38 Department of Public Safety SLED the funds necessary to meet the 39 requirements of subsection (A), if federal or private sector funds 40 are unavailable.” 41 42 SECTION 86. Section 56-7-10(C) of the 1976 Code, as last 43 amended by Act 78 of 2013, is further amended to read:

[4390] 50 1 2 “(C) No other ticket may be used for these offenses. The service 3 of the uniform traffic ticket shall vest all traffic, recorders’ 4 recorders, and magistrates’ magistrates courts with jurisdiction to 5 hear and to dispose of the charge for which the ticket was issued 6 and served. This ticket will be designed by the department 7 division and approved by the Attorney General within thirty days 8 of submission by the department division. A law enforcement 9 agency may utilize computers and other electronic devices to issue 10 uniform traffic citations and store information resulting from the 11 issuance of a traffic citation if this method of issuing a citation has 12 been approved by the Department of Public Safety SLED.” 13 14 SECTION 87. Section 56712(A) of the 1976 Code is amended 15 to read: 16 17 “(A) When the operator or owner of an individual private 18 passenger automobile as defined in Section 387730(5.5) is issued a 19 traffic ticket for a moving violation by a law enforcement officer, 20 he may be furnished a written request form to be completed by him 21 and his insurance company or the agent issuing the policy to verify 22 liability insurance coverage. The form must be prescribed by the 23 Department of Motor Vehicles and the Department of Public 24 Safety SLED.” 25 26 SECTION 88. Section 56730(A) of the 1976 Code, as last 27 amended by Act 68 of 2005, is further amended to read: 28 29 “(A) The Department of Public Safety SLED shall have the 30 traffic tickets printed. Law enforcement agencies shall order 31 tickets from the Department of Public Safety SLED and shall 32 record the identifying numbers of the tickets received by them. 33 The cost of the tickets must be paid by the law enforcement 34 agency. The Department of Motor Vehicles records and audit 35 copy must be forwarded to the Department of Motor Vehicles 36 within ten days of the disposition of the case by final trial court 37 action or by nolle prosequi. The head of each law enforcement 38 agency is responsible for the forwarding of the driver records and 39 audit copies to the Department of Motor Vehicles and for 40 conducting an annual inventory on December thirtyfirst of all 41 tickets received but not disposed of by final trial court action or by 42 nolle prosequi, and for forwarding the results of the inventory on a 43 form prescribed by the Department of Motor Vehicles to the

[4390] 51 1 Department of Motor Vehicles within ten days of the completion 2 of the inventory.” 3 4 SECTION 89. The first undesignated paragraph of Section 5 569350 of the 1976 Code is amended to read: 6 7 “The operator or owner of a motor vehicle involved in an 8 accident resulting in property damage of four hundred dollars or 9 more, or in bodily injury or death, must be furnished a written 10 request form at the time of the accident, or as soon after the 11 accident as possible, by the investigating officer for completion 12 and verification of liability insurance coverage, the form to be in a 13 manner prescribed by the Department of Motor Vehicles and the 14 Department of Public Safety SLED.” 15 16 SECTION 90. Section 561045(A) of the 1976 Code is amended 17 to read: 18 19 “(A) The Department of Public Safety SLED and the 20 Department of Motor Vehicles each may enter into agreements 21 with other municipal and county law enforcement agencies for the 22 collection of suspended or revoked drivers’ licenses, motor vehicle 23 registrations, and motor vehicle plates. The contracting 24 department must assess a fifty dollar fine for each item recovered 25 pursuant to this section in addition to any other fines assessed. 26 Upon collection, this fine must be returned on a quarterly basis to 27 the general fund of the municipality or county which initiated the 28 enforcement action.” 29 30 SECTION 91. Section 5610552 of the 1976 Code, as last 31 amended by Act 264 of 2012, is further amended to read: 32 33 “Section 5610552. (A) All funds collected as provided in 34 Section 3873470 must be directed to the Director of the 35 Department of Motor Vehicles for the establishment and 36 maintenance of a special fund, to be known as the ‘Uninsured 37 Enforcement Fund’, to be used by the Department of Motor 38 Vehicles and the Department of Public Safety SLED for the 39 purpose of enforcement and administration of Article 3, Chapter 40 10, Title 56. 41 (B) Fifty percent of the reinstatement fee as provided by 42 Section 5610510(1) must be transferred by the Department of 43 Public Safety SLED and recorded to the Uninsured Enforcement

[4390] 52 1 Fund to be used by the Department of Public Safety as provided by 2 subsection (A) of this section. The remaining fifty percent of the 3 reinstatement fee as provided by Section 5610510 must be retained 4 in the Uninsured Motorist Fund to be used as provided in Sections 5 5610550, 3877151, and 3877154.” 6 7 SECTION 92. Section 561120 of the 1976 Code is amended to 8 read: 9 10 “Section 561120. The Department of Motor Vehicles and the 11 Department of Public Safety SLED each shall enforce this chapter 12 with respect to the possession of correct registration and display of 13 the proper identification marker. Notwithstanding other provisions 14 of this chapter, the department division may enter into an 15 agreement with other states in a registration and identification 16 marker reciprocal agreement known as the International Fuel Tax 17 Agreement (IFTA). Qualified vehicles operating in accordance 18 with this agreement are not required to purchase other fuel markers 19 in member states.” 20 21 SECTION 93. Section 561140 of the 1976 Code is amended to 22 read: 23 24 “Section 561140. The Department of Motor Vehicles, the 25 Department of Public Safety SLED, and their agents and 26 representatives have the right at any reasonable time to examine 27 the books and records of any motor carrier.” 28 29 SECTION 94. Section 5619420(B)(2) of the 1976 Code is 30 amended to read: 31 32 “(2) the remainder must be allocated to the Department of 33 Public Safety SLED and used to support highway patrol 34 programs.” 35 36 SECTION 95. Section 563550 of the 1976 Code, as added by 37 Act 234 of 2008, is amended to read: 38 39 “Section 563550. (A) The State Transport Police Division of 40 the Department of Public Safety SLED is primarily responsible for 41 enforcing the provisions of this chapter. An officer or agent of the 42 State Transport Police that observes a vehicle operator violating 43 the provisions of this chapter is authorized to issue a citation to the

[4390] 53 1 offender. The provisions of this chapter do not apply to a 2 commercial diesel vehicle idling on the premises of a restricted 3 access facility or in areas on the private property of a business that 4 are generally designed and intended for commercial vehicle access, 5 loading or unloading when the facility or business is located at 6 least five hundred feet away from any church, school, playground, 7 daycare facility, or hospital. 8 (B) The officer must inform the individual receiving the 9 citation that he has the option, at that time, to elect to pay his fine 10 directly to the Department of Public Safety SLED or to receive a 11 hearing in magistrates court. If the individual at the time the 12 citation is issued elects to pay his fine directly to the Department 13 of Public Safety SLED within twentyeight days, as specified on 14 the citation, no assessments may be added to the original fine 15 pursuant to this section. The fine may be deposited with the 16 arresting officer or a person the Department of Public Safety 17 SLED may designate. Within fortyfive days of collection, fifty 18 dollars of the monies collected by the Department of Public Safety 19 SLED must be forwarded to the Department of Health and 20 Environmental Control for deposit in the Diesel Idling Reduction 21 Fund, twentyfive dollars of the monies collected must be deposited 22 into an account to be used by the Department of Public Safety’s 23 SLED’s State Transport Police Division in support of the Idling 24 Restrictions for Commercial Diesel Vehicles program which at the 25 end of a fiscal year does not lapse to the general fund, but is 26 instead carried forward to the succeeding fiscal year. 27 (C)(1) Magistrates have jurisdiction of all contested violations 28 of this chapter. Where a contested hearing is requested, any fine 29 imposed is subject to all assessments and surcharges applicable by 30 law. The fine, surcharges, and assessments shall be distributed as 31 set forth in the applicable law. 32 (2) If the fine is not paid in full to the Department of Public 33 Safety SLED within fortyfive days after conviction, the driver’s 34 license of the vehicle operator found in violation of this chapter 35 must be suspended. The suspension continues until the fine is paid 36 in full. 37 (D) The State Transport Police shall use the citation form 38 referenced in Section 5614160(G) for idling violations. The 39 Department of Public Safety SLED must electronically transmit to 40 the Department of Motor Vehicles all tickets issued pursuant to 41 this section. The Department of Public Safety SLED and the 42 Department of Motor Vehicles must work together to develop an 43 electronic exchange of information over the next two years.”

[4390] 54 1 2 SECTION 96. Section 573180 of the 1976 Code is amended to 3 read: 4 5 “Section 573180. All persons to whom openend permits are 6 issued shall file with the Department of Transportation before the 7 twentyfirst day of each January, April, July, and October reports 8 showing the number of trips made during the preceding quarter 9 ending on December thirtyfirst, March thirtyfirst, June thirtieth, 10 and September thirtieth, respectively, the dates of the trips, and 11 other information the department may require. The fee of ten 12 dollars a trip, required to be paid pursuant to Section 563710, must 13 be paid to the Department of Transportation with each report filed. 14 However, the fee for additional trips of less than twelve miles 15 distance made under the openend permits is one dollar a trip. 16 Persons to whom openend permits are issued shall maintain full 17 and complete records of all oversize mobile homes, modular home 18 units, or utility buildings moved, the records to be open to audit 19 and inspection by the Department of Transportation and the 20 Department of Public Safety SLED.” 21 22 SECTION 97. Section 582350 of the 1976 Code, as last 23 amended by Act 425 of 1996, is further amended to read: 24 25 “Section 582350. (A) Articles 1 to 11 of this chapter do not 26 apply to: 27 (1) motor vehicles used exclusively for transporting persons 28 to and from schools, Sunday Schools, churches, or religious 29 services, or to or from picnics or upon special prearranged 30 excursions; 31 (2) the United States mail carriers operating star routes, 32 while engaged solely in carrying mail; 33 (3) farmers or dairymen hauling dairy or farm products; 34 (4) persons transporting agricultural livestock and poultry 35 feeds, including ingredients; 36 (5) other persons engaged in hauling perishable products of 37 the farm or dairy products for hire from the farm to the first market 38 when sold in South Carolina; 39 (6) lumber haulers engaged in transporting lumber from the 40 forest to shipping points in this State; 41 (7) haulers engaged in transporting logs, chips, or wood 42 residues which are subject to the South Carolina Unmanufactured 43 Forest Products Trucking Regulations which are promulgated and

[4390] 55 1 adopted by the Department of Public Safety SLED’s Transport 2 Police Division Section; 3 (8) a vehicle engaged in hauling, towing, or transporting 4 wrecked or damaged vehicles; 5 (9) vehicles used in ridesharing; 6 (10) singlesource lessors of vehicles and drivers who lease the 7 motor vehicles and drivers to uncertificated motor vehicle carriers 8 that conduct transportation of property (other than used household 9 goods) in furtherance of and within the scope of their 10 nontransportation primary enterprises, when the period of the lease 11 is for thirty days or more, the lessee maintains insurance coverage 12 for the protection of the public, a copy of the lease is carried in the 13 motor vehicle during the period of the lease, and there is displayed 14 on both sides of the motor vehicle a placard identifying the lessee. 15 (B) For the purposes of this section, perishable products of the 16 farm include hay and straw.” 17 18 SECTION 98. Section 58231120 of the 1976 Code, as last 19 amended by Act 318 of 2006, is further amended to read: 20 21 “Section 58231120. Each forhire motor carrier of household 22 goods or hazardous waste for disposal must comply with orders 23 and regulations prescribed by the Public Service Commission. The 24 Office of Regulatory Staff may employ the necessary law 25 enforcement personnel to enforce the provisions which apply to 26 holders of certificates A, B, C, and certificates E and F of Public 27 Convenience and Necessity. 28 The Department of Public Safety SLED may promulgate 29 regulations to ensure the safe operation of motor carriers. The 30 Transport Police Division Section of the Department of Public 31 Safety SLED has exclusive authority in this State for enforcement 32 of the commercial motor vehicle carrier laws, which include 33 Federal Motor Carrier Safety Regulations, Hazardous Material 34 Regulations, and size and weight laws and regulations.” 35 36 SECTION 99. Section 596720 of the 1976 Code is amended to 37 read: 38 39 “Section 596720. The State Board of Education, by and with 40 the advice of the Department of Public Safety SLED, shall adopt 41 and enforce regulations not inconsistent with Chapter 5 of, Title 56 42 to govern the design and operation of all school buses used for the 43 transportation of school children when owned and operated by any

[4390] 56 1 school district or privately owned and operated under contract with 2 any school district in this State and such regulations shall by 3 reference be made a part of any such contract with a school 4 district. Every school district, its officers and employees, and 5 every person employed under contract by a school district shall be 6 subject to such regulations. Any officer or employee of any school 7 district who violates any of such regulations or fails to include the 8 obligation to comply with such regulations in any contract 9 executed by him on behalf of a school district shall be guilty of 10 misconduct and subject to removal from office or employment. 11 Any person operating a school bus under contract with a school 12 district who fails to comply with any such regulations shall be 13 guilty of breach of contract and such contract shall be canceled 14 after notice and hearing by the responsible officers of such school 15 district.” 16 17 SECTION 100. Section 5967260 of the 1976 Code is amended to 18 read: 19 20 “Section 5967260. The Department of Public Safety SLED shall 21 have the operation of school buses spot checked periodically and 22 report all infractions of the laws or misconduct of any kind on the 23 part of the drivers to the chairman of the board of trustees of the 24 school that may be affected thereby.” 25 26 SECTION 101. Section 5967570 of the 1976 Code is amended to 27 read: 28 29 “Section 5967570. The State Board of Education may adopt 30 such rules and regulations as may be necessary to carry out the 31 intent and purposes of this article. Such rules and regulations shall 32 have the full force and effect of law. But rules and regulations that 33 affect the functions of the Department of Public Safety SLED 34 under this article or the operation of buses on the highways shall 35 be adopted only jointly with the Department of Public Safety 36 SLED.” 37 38 SECTION 102. Section 6162900 of the 1976 Code is amended to 39 read: 40 41 “Section 6162900. Alcoholic liquors must be shipped or moved 42 from a point outside this State to a point inside the State only by 43 railroad companies, steamship companies, express companies, or

[4390] 57 1 truck companies authorized to do business in the State as common 2 carriers by the Department of Public Safety SLED, by wholesalers 3 licensed by the department, or by registered producers in their own 4 trucks. Alcoholic liquors must be shipped or moved only to the 5 warehouse of the food manufacturer licensed pursuant to Section 6 616710, or the registered producer in care of the producer 7 representative who is registered to handle the property of the 8 registered producer originating the shipment. The shipment of 9 alcoholic liquors must be either stored in the warehouse of the 10 food manufacturer licensed pursuant to Section 611710 or in a 11 licensed warehouse of the registered producer or, after delivery to 12 the producer representative is complete, may then be shipped to a 13 licensed wholesaler by common carriers described in this section, 14 by wholesalers licensed by the department or by registered 15 producers in their own trucks. Shipments of alcoholic liquors from 16 a licensed producer’s warehouse to a licensed South Carolina 17 wholesaler may be made in a vehicle owned or operated by the 18 wholesaler. If alcoholic liquors are stored in the warehouse of a 19 registered producer, or after delivery to the producer representative 20 is complete, they may be shipped to a licensed wholesaler or to a 21 point outside this State. Before any shipment or transfer, the food 22 manufacturer or producer representative, as appropriate, must 23 apply to the department, on forms prescribed by the department, 24 for permission to ship or transfer the alcoholic liquors, and the 25 food manufacturer or producer representative must have received a 26 certificate of approval of the shipment or transfer.” 27 28 SECTION 103. Section 6164250 of the 1976 Code is amended to 29 read: 30 31 “Section 6164250. The clerk of court of each county in the 32 State must, at the conclusion of each term of the court of general 33 sessions in the county, forward to the department a certificate on 34 forms prescribed and furnished by the department showing the 35 name of each person who is convicted, pleads guilty, enters a plea 36 of nolo contendere, or forfeits bond for the violation of any 37 provision of this article except Section 6164720. The department 38 must maintain a file of these violations. A copy of the 39 department’s records pertaining to the convictions, certified as 40 correct by the director or his designee, is admissible in all courts as 41 prima facie evidence of the facts recited in the records. The 42 department must, upon receipt of a record of conviction, plea of 43 guilty, plea of nolo contendere, or forfeiture of bond for the

[4390] 58 1 violation of the provisions of this article prohibiting the 2 transportation of alcoholic liquors, forward to the Department of 3 Public Safety SLED a certified copy of the record.” 4 5 SECTION 104. Section 6164290 of the 1976 Code is amended to 6 read: 7 8 “Section 6164290. The Department of Public Safety SLED, 9 upon notice that a person has been convicted, pleaded guilty, 10 forfeited bond, or entered a plea of nolo contendere for the 11 violation of any provision of this article prohibiting the 12 transportation of alcoholic liquors, must suspend the driver’s 13 license of the person for a period of six months for a first offense, 14 for a period of one year for a second offense, and for a period of 15 two years for a third and subsequent offense. During the period of 16 the suspension under this section, no vehicle may be registered in 17 the person’s name under the laws of this State.” 18 19 SECTION 105. Section 63191860(B) of the 1976 Code is 20 amended to read: 21 22 “(B) An aftercare counselor or probation or parole agent who 23 has successfully completed Class I or II law enforcement officer 24 training and received a certificate from the Department of Public 25 Safety SLED pursuant to the provisions of Article 9, Chapter 6 of, 26 Title 23 has the power, when commissioned by the department, to 27 take a juvenile conditionally released from the custody of the 28 department and subject to the jurisdiction of the releasing entity 29 into custody upon the issuance of a warrant for violating the 30 conditions of his release.” 31 32 SECTION 106. Section 63191880(D) of the 1976 Code is 33 amended to read: 34 35 “(D) A probation counselor who has successfully completed 36 Class I or II law enforcement officer training and received a 37 certificate from the Department of Public Safety SLED pursuant to 38 the provisions of Article 9, Chapter 6 of, Title 23 has the authority, 39 when commissioned by the department, in the execution of his 40 duties, to take a child under the jurisdiction of the family court into 41 custody pursuant to an order issued by the court directing that the 42 child be taken into custody.” 43

[4390] 59 1 SECTION 107. Wherever the term Department of Public Safety 2 appears in the 1976 Code of Laws it shall mean the State Law 3 Enforcement Division’s Division of Public Safety, and the Code 4 Commissioner is directed to change this reference at a time and in 5 a manner that is timely and cost effective. 6 7 SECTION 108. The repeal or amendment by this act of any law, 8 whether temporary or permanent or civil or criminal, does not 9 affect pending actions, rights, duties, or liabilities founded thereon, 10 or alter, discharge, release or extinguish any penalty, forfeiture, or 11 liability incurred under the repealed or amended law, unless the 12 repealed or amended provision shall so expressly provide. After 13 the effective date of this act, all laws repealed or amended by this 14 act must be taken and treated as remaining in full force and effect 15 for the purpose of sustaining any pending or vested right, civil 16 action, special proceeding, criminal prosecution, or appeal existing 17 as of the effective date of this act, and for the enforcement of 18 rights, duties, penalties, forfeitures, and liabilities as they stood 19 under the repealed or amended laws. 20 21 SECTION 109. This act takes effect upon approval by the 22 Governor. 23 XX 24

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