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1 South Carolina General Assembly 2 120th Session, 2013-2014 3 4 H. 3043 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Reps. Pitts and G.R. Smith 10 Document Path: l:\council\bills\swb\5033cm13.docx 11 12 Introduced in the House on January 8, 2013 13 Currently residing in the House Committee on Judiciary 14 15 Summary: Department of Law Enforcement and Public Safety 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 12/11/2012 House Prefiled 22 12/11/2012 House Referred to Committee on Judiciary 23 1/8/2013 House Introduced and read first time ( House Journalpage 62) 24 1/8/2013 House Referred to Committee on Judiciary ( House Journalpage 62) 25 26 27 VERSIONS OF THIS BILL 28 29 12/11/2012 30 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING CHAPTER 2 TO TITLE 23 SO AS TO 13 CREATE THE SOUTH CAROLINA DEPARTMENT OF LAW 14 ENFORCEMENT AND PUBLIC SAFETY; TO AMEND 15 SECTION 13240, AS AMENDED, RELATING TO THE 16 REMOVAL OF CERTAIN STATE OFFICERS BY THE 17 GOVERNOR, SO AS TO DELETE THE TERM “DIRECTOR OF 18 THE DEPARTMENT OF PUBLIC SAFETY” AND REPLACE 19 IT WITH THE TERM “DIRECTOR OF THE DEPARTMENT OF 20 LAW ENFORCEMENT AND PUBLIC SAFETY”; TO AMEND 21 SECTION 17920, RELATING TO THE MEMBERS OF THE 22 COMMISSION ON PROSECUTION COORDINATION, SO AS 23 TO DELETE THE TERM “DIRECTOR OF THE DEPARTMENT 24 OF PUBLIC SAFETY” AND REPLACE IT WITH THE TERM 25 “DIRECTOR OF THE DEPARTMENT OF LAW 26 ENFORCEMENT AND PUBLIC SAFETY”; TO AMEND 27 SECTION 13010, AS AMENDED, RELATING TO THE 28 DEPARTMENTS OF STATE GOVERNMENT, SO AS TO 29 DELETE THE TERM “DEPARTMENT OF PUBLIC SAFETY” 30 AND REPLACE IT WITH THE TERM “DEPARTMENT OF 31 LAW ENFORCEMENT AND PUBLIC SAFETY”; TO AMEND 32 SECTION 13090, AS AMENDED, RELATING TO THE 33 DEPARTMENT OF PUBLIC SAFETY, SO AS TO 34 SUBSTITUTE THE TERM “DIVISION OF PUBLIC SAFETY” 35 FOR THE TERM “DEPARTMENT OF PUBLIC SAFETY”; TO 36 AMEND SECTION 213240, AS AMENDED, RELATING TO 37 THE DISTRIBUTION OF THE CODE OF LAWS OF SOUTH 38 CAROLINA TO VARIOUS ENTITIES, SO AS TO DELETE 39 THE TERM “DEPARTMENT OF PUBLIC SAFETY” AND 40 REPLACE IT WITH THE TERM “DEPARTMENT OF LAW 41 ENFORCEMENT AND PUBLIC SAFETY”; TO AMEND 42 SECTIONS 5390, 57110, 911180, AS AMENDED, 101180,

[3043] 2 1 1135710, 12281910, AS AMENDED, 12282325, 124570, AS 2 AMENDED, 13770, AS AMENDED, 137160, AS AMENDED, 3 141206, AS AMENDED, 141207, AS AMENDED, 141208, AS 4 AMENDED, 141212, 1631410, AS AMENDED, 175130, AS 5 AMENDED, 1722350, AND 231230, RELATING TO THE 6 SCOPE OF THE PROVISIONS THAT PROVIDE FOR THE 7 STRUCTURE, ORGANIZATION, POWERS, AND DUTIES OF 8 MUNICIPAL GOVERNMENTS, THE DEPARTMENT OF 9 PUBLIC SAFETY’S CONTRIBUTIONS INTO THE STATE 10 RETIREMENT SYSTEM ON BEHALF OF ACTIVE HIGHWAY 11 PATROL MEMBER EMPLOYEES, PARKING ON CERTAIN 12 STATE PARKING LOTS, STATE PROCUREMENT CODE 13 EXEMPTIONS, THE INSPECTION OF FUEL AND SHIPPING 14 PAPERS, LAW ENFORCEMENT ASSISTANCE PROVIDED 15 TO THE DEPARTMENT OF REVENUE BY THE 16 DEPARTMENT OF PUBLIC SAFETY, PAYING TAXES AND 17 THE DELEGATION OF COLLECTION OF TAXES, RULES 18 AND REGULATIONS REGARDING THE TRANSPORTATION 19 OF MATERIALS, REGULATIONS RELATING TO THE 20 TRANSPORTATION OF NUCLEAR MATERIALS, COURT 21 ASSESSMENTS AND SURCHARGES, VICTIM ASSISTANCE 22 SERVICES, QUALIFICATIONS AND AGE REQUIREMENTS 23 FOR CORONERS, TRAFFIC EDUCATION PROGRAM FEES, 24 AND THE FIRST RESPONDERS ADVISORY COMMITTEE, 25 ALL SO AS TO DELETE THE TERM “DEPARTMENT OF 26 PUBLIC SAFETY” AND REPLACE IT WITH THE TERM 27 “DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC 28 SAFETY”; TO AMEND CHAPTER 6, TITLE 23, RELATING 29 TO THE ESTABLISHMENT OF THE DEPARTMENT OF 30 PUBLIC SAFETY, SO AS TO REESTABLISH IT AS A 31 DIVISION OF SLED; TO AMEND SECTIONS 232330, 232520, 32 245340, 369410, AS AMENDED, 3855530, AS AMENDED, 33 3855570, AS AMENDED, 38771120, 399230, AS AMENDED, 34 4351250, 444130, AS AMENDED, 541760, 561286, AS 35 AMENDED, 561460, AS AMENDED, 5611320, 5611760, 36 5612220, 5612230, 563662, 563663, 563840, AS AMENDED, 37 565330, 565380, 565765, 5651270, 5651300, 5651320, 5651330, 38 5651340, 5651350, 5651520, 5652930, AS AMENDED, 5652933, 39 AS AMENDED, 5652945, AS AMENDED, 5652951, AS 40 AMENDED, 5652953, AS AMENDED, 5653660, 5653670, 41 5653680, 5653690, 5653900, 5654030, 5654035, 5654070, 42 5654075, 5654140, AS AMENDED, 5654160, AS AMENDED, 43 5654170, 5654840, 5654880, 5654970, 5655015, 5655080,

[3043] 3 1 5655120, 5655140, 5655810, AS AMENDED, 5655870, 5655880, 2 5656170, 5656525, AS AMENDED, 5656560, 5656565, 56710, 3 AS AMENDED, 56712, 56730, AS AMENDED, 569350, 561045, 4 5610552, AS AMENDED, 561120, 561140, 5619420, AS 5 AMENDED, 563550, 573180, 582350, AS AMENDED, 6 58231120, AS AMENDED, 596720, 5967260, 5967570, 6162900, 7 6164250, 6164290, 63191860, AND 63191880, RELATING TO 8 THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING 9 COUNCIL, THE SOUTH CAROLINA LAW ENFORCEMENT 10 OFFICERS HALL OF FAME COMMITTEE, RESERVE 11 DETENTION OFFICERS, UNLAWFUL SALE OR DISPOSAL 12 OF PERSONAL PROPERTY SUBJECT TO A SECURITY 13 INTEREST, INSURANCE FRAUD AND REPORTING 14 IMMUNITY, THE DISPOSITION OF UNINSURED MOTOR 15 PREMIUMS, MOTOR VEHICLE THEFT AND MOTOR 16 VEHICLE INSURANCE FRAUDREPORTING IMMUNITY 17 ACT, THE IMPLEMENTATION OF THE METRIC SYSTEM, 18 THE STATEWIDE NETWORK OF MASS TRANSIT 19 SYSTEMS, THE EMERGENCY HEALTH POWERS ACT, 20 ACCOUNT BALANCES RELATING TO HUNTING AND 21 FISHING LICENSES, ACTIVITIES OF THE MARITIME 22 SECURITY COMMISSION AND THE NAVAL MILITIA, 23 MOTOR VEHICLE DRIVER’S LICENSES, THE 24 REGISTRATION AND LICENSING OF MOTOR VEHICLES, 25 THE REGULATION OF TRAFFIC TRAVELING ALONG THE 26 STATE’S HIGHWAYS, THE ISSUANCE OF TRAFFIC 27 TICKETS, VERIFICATION OF MOTOR VEHICLE 28 INSURANCE, THE CONFISCATION OF REGISTRATION 29 CERTIFICATES AND LICENSE PLATES, THE UNINSURED 30 ENFORCEMENT FUND, THE ROAD TAX ON MOTOR 31 CARRIERS, THE PROMULGATION OF REGULATIONS 32 RELATING TO MOTOR VEHICLE DEALER AND 33 WHOLESALER LICENSES, MOTOR VEHICLE 34 CERTIFICATES OF TITLE, DIESEL IDLING RESTRICTIONS, 35 PERMITS ISSUED BY THE DEPARTMENT OF 36 TRANSPORTATION, MOTOR VEHICLE CARRIERS, THE 37 TRANSPORTATION OF SCHOOL CHILDREN, THE 38 ALCOHOLIC BEVERAGE CONTROL ACT, THE 39 CONDITIONAL RELEASE OF A JUVENILE, AND THE 40 APPOINTMENT OF JUVENILE PROBATION COUNSELORS, 41 ALL SO AS TO DELETE THE TERM “DEPARTMENT OF 42 PUBLIC SAFETY” AND REPLACE IT WITH THE TERM 43 “DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC

[3043] 4 1 SAFETY”, OR “DIVISION OF PUBLIC SAFETY”; AND TO 2 AMEND SECTIONS 23310, 233680, AND 233690, RELATING 3 TO THE CREATION OF SLED, SO AS TO PROVIDE THAT 4 ITS DUTIES AND FUNCTIONS ARE TRANSFERRED TO THE 5 DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC 6 SAFETY. 7 8 Be it enacted by the General Assembly of the State of South 9 Carolina: 10 11 SECTION 1. Title 23 of the 1976 Code is amended by adding: 12 13 “CHAPTER 2 14 15 South Carolina Department of Law Enforcement and Public Safety 16 17 Section 23210. (A) The South Carolina Department of Law 18 Enforcement and Public Safety is established as an administrative 19 agency of state government which is comprised of a Division of 20 Public Safety, and a State Law Enforcement Division. 21 (B) The functions, powers, duties, responsibilities, and 22 authority statutorily exercised by the following offices, sections, 23 departments, or divisions of the following state agencies as 24 existing on the effective date of this act are transferred to and 25 devolved on the department to include the Department of Public 26 Safety, and the State Law Enforcement Division. All rules, 27 regulations, standards, orders, or other actions of these entities 28 shall remain in effect unless specifically changed or voided by the 29 department in accordance with the Administrative Procedures Act, 30 or otherwise provided. 31 32 Section 23220. (A) The Governor, with the advice and 33 consent of the Senate, shall appoint the director of the department 34 who shall serve a term of four years. The director only may be 35 removed pursuant to the provisions of Section 13240(C). He shall 36 receive such compensation as may be established under the 37 provisions of Section 811160 and for which funds have been 38 authorized in the annual general appropriation act. The term of 39 office for the first appointment under the provisions of this section 40 shall be February 1, 2013 for a term of two years. The Governor 41 shall submit the name of his appointee to the Senate by December 42 first of the year prior to the date on which the term begins. A 43 person appointed by the Governor with the advice and consent of

[3043] 5 1 the Senate to fill a vacancy shall serve for the unexpired term only. 2 This shall not prohibit the Governor from reappointing a person 3 who is appointed to fill a vacancy as director of the department. 4 All subsequent appointments shall be made in the manner of the 5 original appointment for a term of four years. 6 (B) The director must administer the affairs of the department and 7 must represent the department in its dealings with other state 8 agencies, local governments, special purpose districts, and the 9 federal government. The director must appoint a deputy director 10 for each division and employ such other personnel for each 11 division and prescribe their duties, powers, and functions as he 12 considers necessary and as may be authorized by statute and for 13 which funds have been authorized in the annual general 14 appropriation act. 15 (C) The deputy director for each division shall serve at the 16 pleasure of the director and the director shall recommend the 17 salary for each deputy director as allowed by statute or applicable 18 law.” 19 20 SECTION 2. Section 13240(C)(1)(h) of the 1976 Code, as last 21 amended by Act 105 of 2012, is further amended to read: 22 23 “(h) Director of the Department of Law Enforcement and Public 24 Safety;” 25 26 SECTION 3. Section 17920 of the 1976 Code is amended to read: 27 28 “Section 17920. The commission is composed of the following 29 persons for terms as indicated: 30 (1) the Chairmen of the Senate and House Judiciary 31 Committees for the terms for which they are elected or their 32 legislative designees; 33 (2) the Chief of the South Carolina Law Enforcement Division 34 for the term for which he is appointed; 35 (3) the Director of the Department of Law Enforcement and 36 Public Safety shall serve during the term for which he is 37 appointed; 38 (4) a director of a Judicial Circuit Pretrial Intervention Program 39 appointed by the Governor for a term of two years; 40 (5) a Judicial Circuit VictimWitness Assistance Advocate 41 appointed by the Governor for a term of two years; and 42 (6) five judicial circuit solicitors appointed by the Governor for 43 a term of four years. However, upon initial appointment, the

[3043] 6 1 Governor shall select one for a twoyear term, two for a threeyear 2 term, and two for a fouryear term. If a solicitor appointed to the 3 commission is not reelected reelected, a vacancy occurs and it 4 must be filled pursuant to the provisions of Section 17930.” 5 6 SECTION 4. Section 13010(A)(16) of the 1976 Code is amended 7 to read: 8 9 “(16) Department of Law Enforcement and Public Safety” 10 11 SECTION 5. Section 13090 of the 1976 Code, as last amended by 12 Act 119 of 2012, is further amended to read: 13 14 “Section 13090. The following agencies, boards, and 15 commissions, including all of the allied, advisory, affiliated, or 16 related entities, as well as the employees, funds, property and all 17 contractual rights and obligations associated with any such agency, 18 except for those subdivisions specifically included under another 19 department, are hereby transferred to and incorporated in and shall 20 be administered as part of the Department Division of Public 21 Safety to be initially divided into divisions for Highway Patrol, 22 State Police, and Training and Continuing Education. 23 (A) Law Enforcement Hall of Fame, formerly provided for in 24 Section 232510, et seq.; 25 (B) State Highway Patrol, formerly provided for in Section 26 23510, et seq.; 27 (C) Public Service Commission Safety Enforcement, formerly 28 provided in Section 583310; 29 (D) Public Safety Division, formerly of the Governor’s Office.” 30 31 SECTION 6. Section 213240(a)(69) of the 1976 Code is amended 32 to read: 33 34 “(69) Department of Law Enforcement and Public Safety, 35 five;” 36 37 SECTION 7. Section 5390 of the 1976 Code is amended to read: 38 39 “Section 5390. Any municipality increasing its territory shall 40 file a notice with the Secretary of State, Department of 41 Transportation, and the Department Division of Public Safety 42 describing its new boundaries. The notice shall include a written

[3043] 7 1 description of the boundary, along with a map or plat which clearly 2 defines the new territory added.” 3 4 SECTION 8. Section 57110 of the 1976 Code is amended to read: 5 6 “Section 57110. Any municipality may appoint or elect as many 7 police officers, regular or special, as may be necessary for the 8 proper law enforcement in such municipality and fix their salaries 9 and prescribe their duties. 10 Police officers shall be vested with all the powers and duties 11 conferred by law upon constables, in addition to the special duties 12 imposed upon them by the municipality. 13 Any such police officers shall exercise their powers on all 14 private and public property within the corporate limits of the 15 municipality and on all property owned or controlled by the 16 municipality wheresoever situated; provided, that the municipality 17 may contract with any public utility, agency or with any private 18 business to provide police protection beyond the corporate limits. 19 Should the municipality provide police protection beyond its 20 corporate limits by contract, the legal description of the area to be 21 served shall be filed with the State Law Enforcement Division 22 Department of Law Enforcement and Public Safety, and the office 23 of the county sheriff and the Department of Public Safety.” 24 25 SECTION 9. Section 911180 of the 1976 Code, as last amended 26 by Act 181 of 1993, is further amended to read: 27 28 “Section 911180. The Department of Public Safety Law 29 Enforcement and Public Safety is hereby authorized to pay into the 30 Police Officers’ Retirement System fund prior to July 1, 1967, on 31 behalf of active highway patrol member employees, an amount 32 equal to the sum such members would be required to contribute to 33 the fund for creditable prior service pursuant to Section 911170. 34 The amounts paid into the fund shall be used for the payment of 35 retirement benefits under the Police Officers’ Retirement System 36 or shall be refunded to the Department of Public Safety Law 37 Enforcement and Public Safety. None of the moneys monies paid 38 into the fund pursuant to this section shall be disbursed in any 39 other manner to patrol member employees upon termination of 40 employment with the department nor shall any such funds be paid 41 to a patrol member employee’s surviving beneficiary as a residual 42 credit to any patrol member employee’s account which may have 43 existed upon his death. Provided, however, that the interest

[3043] 8 1 accruing after July 1, 1967 on the amount paid into the fund may 2 be credited to the patrol member employee’s account just as if he 3 had made the contribution for creditable prior service for his 4 account. Any time that the Police Officers’ Retirement System 5 closes the account of an active patrol member employee because of 6 death or termination of employment with the department the 7 System shall refund to the department the amount that it has paid 8 into the fund on behalf of patrol member employees for creditable 9 prior service under the Supplemental Allowance Program of the 10 System.” 11 12 SECTION 10. Section 101180(1) of the 1976 Code is amended 13 to read: 14 15 “(1) Parking lots which are situated on the property of the State 16 shall be reserved for the employees of the State. The parking lots 17 referred to by this section shall be policed by the Department 18 Division of Public Safety and no person not authorized by this 19 section shall be allowed to occupy such parking lots. Parking lots 20 referred to in this section are confined to those located in the City 21 of Columbia.” 22 23 SECTION 11. Section 1135710(1) of the 1976 Code is amended 24 to read: 25 26 “(1) the construction, maintenance, and repair of bridges, 27 highways, and roads; vehicle and road equipment maintenance 28 and repair; and other emergencytype parts or equipment utilized 29 by the Department of Transportation or the Department Division 30 of Public Safety;” 31 32 SECTION 12. Section 12281910(B) of the 1976 Code is 33 amended to read: 34 35 “(B) Inspections to determine violations under this chapter may 36 be conducted by the Department Division of Public Safety, agents 37 of the Department of Revenue, motor carrier inspectors in this 38 State in addition to their duties otherwise defined, and other law 39 enforcement officers through procedures established by the 40 Department of Revenue. Agents of the Department of Revenue 41 have the same power and authority provided to authorized 42 personnel under the applicable statute.” 43

[3043] 9 1 SECTION 13. Section 12282325 of the 1976 Code is amended 2 to read: 3 4 “Section 12282325. The Department Division of Public Safety 5 and law enforcement agents, upon request of the Department of 6 Revenue, may assist in the enforcement of all laws relating to the 7 inspection of petroleum products.” 8 9 SECTION 14. Section 124570(C) of the 1976 Code, as last 10 amended by Act 386 of 2006, is further amended to read: 11 12 “(C) The county official charged with the collection of taxes 13 shall send a list of the institutions collecting the taxes to the 14 Department Division of Public Safety. Each institution shall 15 certify to the Department Division of Public Safety that the taxes 16 have been paid, and the Department Division of Public Safety may 17 accept certification instead of the tax receipt given to the taxpayer 18 if that certification contains the information required in Section 19 12372650.” 20 21 SECTION 15. Section 13770(4)(a) of the 1976 Code, as last 22 amended by Act 181 of 1993, is further amended to read: 23 24 “(a) Rules and regulations adopted by the department pursuant 25 to this section may be enforced, within their respective 26 jurisdiction, by any authorized representative of the department, 27 the Department Division of Public Safety, and the Department of 28 Transportation, and the Public Service Commission, according to 29 mutual understandings between such bodies of their respective 30 responsibilities and authority.” 31 32 SECTION 16. Section 137160C of the 1976 Code, as last 33 amended by Act 181 of 1993, is further amended to read: 34 35 “C. Rules and regulations adopted by the department pursuant 36 to this section may be enforced, within their respective 37 jurisdiction, by any authorized representative of the department, 38 the Department Division of Public Safety and the Public Service 39 Commission, according to mutual understandings between such 40 bodies of their respective responsibilities and authority.” 41 42 SECTION 17. Section 141206(C)(3) of the 1976 Code, as last 43 amended by Act 353 of 2008, is further amended to read:

[3043] 10 1 2 “(3) .45 percent to the Department Division of Public Safety to 3 defray the cost of erecting and maintaining the South Carolina Law 4 Enforcement Officers Hall of Fame. When funds collected 5 pursuant to this item exceed the necessary costs and expenses of 6 the South Carolina Law Enforcement Officers Hall of Fame 7 operation and maintenance as determined by the Department 8 Division of Public Safety, the department may retain, carry 9 forward, and expend the surplus to defray the costs of maintaining 10 and operating the Hall of Fame;” 11 12 SECTION 18. Section 141207(C)(3) of the 1976 Code, as last 13 amended by Act 353 of 2008, is further amended to read: 14 15 “(3) .60 percent to the Department Division of Public Safety 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 21 Division of Public Safety department may retain, carry forward, 22 and expend the surplus to defray the costs of maintaining and 23 operating the Hall of Fame;” 24 25 SECTION 19. Section 141208(C)(9)(a) of the 1976 Code, as last 26 amended by Act 353 of 2008, is further amended to read: 27 28 “(a) 9.16 percent to the Department Division of Public Safety 29 for the programs established pursuant to Section 5652953(E); 30 and” 31 32 SECTION 20. Section 141212(B)(1)(j) of the 1976 Code, as 33 added by Act 353 of 2008, is amended to read: 34 35 “(j) 14.44 percent to the Department Division of Public Safety 36 for the Highway Patrol Division for equipment, vehicle purchases, 37 and associated vehicle expenses, including maintenance and 38 gasoline.” 39 40 SECTION 21. Section 1631410(14) of the 1976 Code, as last 41 amended by Act 271 of 2008, is further amended to read: 42

[3043] 11 1 “the administrator of the Office of Justice Programs, Department 2 Division of Public Safety, or his designee;” 3 4 SECTION 22. Section 175130(C) of the 1976 Code, as last 5 amended by Act 222 of 2010, is further amended to read: 6 7 “(C) Each person serving as coroner in the person's first term is 8 required to complete a basic training session to be determined by 9 the Department Division of Public Safety. This basic training 10 session must be completed no later than the end of the calendar 11 year following the person's election as coroner. A person 12 appointed to fill the unexpired term in the office of coroner shall 13 complete a basic training session to be determined by the 14 department within one calendar year of the date of appointment. 15 This section must not be construed to require an individual to 16 repeat the basic training session if the person has successfully 17 completed the session prior to the person's election or appointment 18 as coroner. A coroner who is unable to attend this training session 19 when offered because of an emergency or extenuating 20 circumstances, within one year from the date the disability or 21 cause terminates, shall complete the standard basic training session 22 required of coroners. A coroner who does not fulfill the 23 obligations of this subsection is subject to suspension by the 24 Governor until the coroner completes the training session.” 25 26 SECTION 23. Section 1722350(B)(3) of the 1976 Code, as 27 added by Act 176 of 2008, is amended to read: 28 29 “(3) .44 percent to the Department Division of Public Safety’s 30 South Carolina Law Enforcement Officers Hall of Fame;” 31 32 SECTION 24. Section 231230(A)(1)(c) and (H) of the 1976 33 Code is amended to read: 34 35 “(c) the Director of the Department Division of Public Safety; 36 37 (H) The First Responders Advisory Committee shall receive 38 clerical and related assistance from the staff of the South Carolina 39 State Law Enforcement Division, the Department Division of 40 Public Safety, and the Office of Information Resources.” 41 42 SECTION 25. Chapter 6, Title 23 of the 1976 Code is amended 43 to read:

[3043] 12 1 2 “CHAPTER 6 3 4 Department of Law Enforcement 5 of and Public Safety 6 7 Section 23610. For the purposes of this title, the following 8 words, phrases, and terms are defined as follows: 9 (1) “Department” means the Department of Public Safety. 10 (2) “Director” means the chief administrative officer of the 11 Department of Public Safety. Reserved 12 13 Section 23620. (A) The Department of Public Safety is 14 established as an administrative agency of state government which 15 There is created within the South Carolina Department of Law 16 Enforcement and Public Safety the Division of Public Safety. The 17 Division of Public Safety is comprised of a the South Carolina 18 Highway Patrol Division, a the South Carolina State Police 19 Division, and a the Division of Training and Continuing 20 Education. 21 (B) The functions, powers, duties, responsibilities, and 22 authority statutorily exercised by the following offices, sections, 23 departments, or divisions of the following state agencies as 24 existing on the effective date of this act are transferred to and 25 devolved on the department Division of Public Safety to include 26 the South Carolina Highway Patrol and the Safety Office Section 27 of the Division of Finance and Administration of the South 28 Carolina Department of Highways and Public Transportation; the 29 Safety Enforcement Officers of the Office of Enforcement within 30 the Transportation Division of the South Carolina Public Service 31 Commission and the Governor’s Office of Public Safety, together 32 with all assets, liabilities, records, property, personnel, unexpended 33 appropriations, and other funds shall be transferred to the control 34 of the department. All rules, regulations, standards, orders, or 35 other actions of these entities shall remain in effect unless 36 specifically changed or voided by the department in accordance 37 with the Administrative Procedures Act, or otherwise provided. 38 39 Section 23630. The department Division of Public Safety shall 40 have the following duties and powers: 41 (1) carry out highway and other related safety programs; 42 (2) engage in driver training and safety activities;

[3043] 13 1 (3) enforce the traffic, motor vehicle, commercial vehicle, and 2 related laws; 3 (4) enforce size, weight, and safety enforcement statutes 4 relating to commercial motor vehicles; 5 (5) operate a comprehensive law enforcement personnel 6 training program; 7 (6) promulgate such rules and regulations in accordance with 8 the Administrative Procedures Act and Article 7 of this chapter for 9 the administration and enforcement of the powers delegated to the 10 department by law, which shall have the full force and effect of 11 law; 12 (7) operate such programs and disseminate information and 13 material so as to continually improve highway safety; 14 (8) receive and disburse funds and grants, including any 15 donations, contributions, funds, grants, or gifts from private 16 individuals, foundations, agencies, corporations, or the state or 17 federal governments, for the purpose of carrying out the programs 18 and objectives of this chapter; and 19 (9) do all other functions and responsibilities as required or 20 provided for by law. 21 22 Section 23640. (A) The Governor, with the advice and 23 consent of the Senate, Director of the Department of Law 24 Enforcement and Public Safety shall appoint the colonel as the 25 director Director of the Division of Public Safety. The director 26 may only be removed pursuant to the provisions of Section 27 13240(C). He shall receive such compensation as may be 28 established under the provisions of Section 811160 and for which 29 funds have been authorized in the annual general appropriation act. 30 The term of office for the first appointment under the provisions of 31 this section shall be February 1, 1994 for a term of two years. The 32 Governor shall submit the name of his appointee to the Senate by 33 December first of the year prior to the date on which the term 34 begins. A person appointed by the Governor with the advice and 35 consent of the Senate to fill a vacancy shall serve for the unexpired 36 term only. This shall not prohibit the Governor from reappointing 37 a person who is appointed to fill a vacancy as director of the 38 department. All subsequent appointments shall be made in the 39 manner of the original appointment for a term of four years. 40 (B) The director must administer the affairs of the department 41 division and must represent the department in its dealings with 42 other state agencies, local governments, special purpose districts, 43 and the federal government. The director must appoint a deputy

[3043] 14 1 director for each division and employ such other personnel for 2 each division and prescribe their duties, powers, and functions as 3 he considers necessary and as may be authorized by statute and for 4 which funds have been authorized in the annual general 5 appropriation act. 6 (C) The deputy director for each division of the Division of 7 Public Safety shall serve at the pleasure of the director and the 8 director shall recommend the salary for each deputy director as 9 allowed by statute or applicable law. 10 11 Section 23650. The director Director of the Department of 12 Law Enforcement and Public Safety shall annually cause the 13 department Division of Public Safety to be audited. The audit 14 must be conducted by a certified public accountant or firm of 15 certified public accountants to be selected by the State Auditor. 16 The department division may undergo an Agreed Upon Procedures 17 audit in lieu of audited financial statements. The audit shall be in 18 coordination with the State Auditor’s Office and will be in 19 accordance with generally accepted accounting principles and must 20 comprise all financial records and controls. The audit must be 21 completed by November 1 first following the close of the fiscal 22 year. The costs and expenses of the audit must be paid by the 23 department out of its funds. 24 Notwithstanding any other provision of law, all revenue 25 generated by the department division from the sale of vehicles, 26 various equipment, less the cost of disposition incurred by the 27 State Budget and Control Board Division of Operations, gasoline 28 and insurance claims, during the prior fiscal year may be retained 29 and carried forward into the current fiscal year and expended for 30 the purpose of purchasing like items. Any unexpended balance on 31 June 30 thirtieth of the prior fiscal year authorized to be expended 32 or used for any federal grant program may be retained and carried 33 forward to the current fiscal year and used for matching committed 34 or unanticipated grant funds, or both. The Department of Motor 35 Vehicles is authorized to carry forward and expend all motor 36 carrier registration fees collected pursuant to Chapter 23 of Title 37 58 for fiscal years 19961997, 19971998, 19981999 into fiscal year 38 19992000. 39 Notwithstanding any other provision of law, revenue received 40 from the sale of publications, postal reimbursement, photo 41 copying, electronic data from traffic collisions, sale of 42 miscellaneous refuse and recyclable materials, insurance claim 43 receipts, coin operated telephones, and revenue from building

[3043] 15 1 management services, and the Department Division of Public 2 Safety training series shall be retained by the department division 3 and expended in budgeted operations for professional training, fees 4 and dues, clothing allowance, and other related services or 5 programs as the Director of the Department Division of Public 6 Safety may deem necessary. In order to complete projects begun 7 in a prior fiscal year, the department is authorized to expend 8 federal and earmarked funds in the following fiscal year for 9 expenditures incurred in the prior fiscal year. 10 11 Section 23690. The department division may employ, equip, 12 and provide such officers as may be necessary to maintain the 13 security of the Governor’s Mansion Compound, and other 14 governmental facilities, including the State Capitol Building, the 15 facilities of the Capitol Complex, and other state buildings. The 16 director must determine the most efficient and effective method of 17 placing these officers within a law enforcement division in the 18 department. 19 20 Article 3 21 22 Highway Patrol Division 23 24 Section 236100. (A) There is created a South Carolina 25 Highway Patrol Division and a South Carolina State Police 26 Division within the Department Division of Public Safety. The 27 South Carolina Highway Patrol Division shall have such troopers, 28 officers, agents and employees as the department may deem 29 necessary and proper for the enforcement of the traffic and other 30 related laws, and the South Carolina State Police Division shall 31 have such troopers, officers, agents and employees as the 32 department Division of Public Safety may deem necessary and 33 proper for the enforcement of the commercial motor carrier related 34 laws, the enforcement of which is devolved upon the department 35 division. Such officers and troopers shall be commissioned by the 36 Governor upon the recommendation of the Director of the 37 Department Division of Public Safety. Such commissions may be 38 terminated at the pleasure of the director. 39 (B) The department Division of Public Safety must provide the 40 officers of the Highway Patrol and of the State Police with 41 distinctive uniforms and suitable arms and equipment for use in the 42 performance of their duties. Such officers and troopers shall at all 43 times, when in the performance of their duties, wear complete

[3043] 16 1 uniforms with badges conspicuously displayed on the outside of 2 their uniforms. 3 (C) The commanding officers of the South Carolina Highway 4 Patrol and the South Carolina State Police respectively, with the 5 approval of the director of the department Division of Public 6 Safety, shall prescribe a unique and distinctive official uniform, 7 with appropriate insignia to be worn by all officers when on duty 8 and at such other times as the director shall order, and a distinctive 9 color or colors and appropriate emblems for all motor vehicles 10 used by the Highway Patrol and the State Police except those 11 designated by the director Director of the Division of Public 12 Safety. No other law enforcement agency, private security agency, 13 or any person shall wear a similar uniform and insignia which may 14 be confused with the uniform and insignia of the Highway Patrol 15 or State Police. An emblem must not be used on a nondepartment 16 motor vehicle, nor may such vehicle be painted in a color or in any 17 manner which would cause the vehicle to be similar to a Highway 18 Patrol or State Police vehicle or readily confused with it. 19 (D) The director Director of the Division of Public Safety shall 20 file with the Legislative Council for publication in the State 21 Register a description and illustration of the official highway 22 patrol uniform with insignia and the emblems of the official 23 highway patrol and motor vehicles including a description of the 24 color of such uniforms and vehicles and a description and 25 illustration of the official state police uniform with insignia and the 26 emblems of the official state police and motor vehicles including a 27 description of the color of such uniforms and vehicles. 28 (E) The South Carolina Highway Patrol Division shall transfer 29 the service sidearm of an active duty trooper killed in the line of 30 duty to the trooper’s surviving spouse upon request at no charge 31 once the sidearm has been rendered permanently inoperable. 32 33 Section 236110. In order to carry out the provisions of 34 Section 236100 in an orderly and economical manner it is intended 35 that all serviceable uniforms be continued in use until such time as 36 the director Director of the Division of Public Safety considers it 37 necessary for them to be replaced. These provisions shall also 38 apply to the emblems for motor vehicles. 39 40 Section 236120. Every officer and trooper commissioned pursuant 41 to this chapter shall file a bond, or be covered by a surety bond, 42 with the department division in the amount of not less than two 43 thousand dollars, subscribed by a duly licensed surety company,

[3043] 17 1 which shall be conditioned on the faithful performance of his 2 duties. The duties include but are not limited to the prompt and 3 proper accounting of all funds coming into his hands, the payment 4 of any judgment recovered against him in any court of competent 5 jurisdiction upon a cause of action arising out of breach or abuse of 6 official duty or power, or the payment of damages sustained by 7 any member of the public from any unlawful act of such officer or 8 trooper. Coverage under such bond shall not include damage to 9 persons or property arising out of the negligent operation of a 10 motor vehicle. Such bond may be individual, schedule or blanket 11 and on a form approved by the Attorney General. The premiums 12 on such bonds shall be paid by the department. 13 14 Section 236130. Any violation of Section 236100 may be 15 enjoined by the court of common pleas upon petition of the 16 director after due notice to the person violating the provisions of 17 Section 236100 and after a hearing on the petition. 18 19 Section 236140. The patrol of the highways of the State and 20 the enforcement of the laws of the State relative to highway traffic, 21 traffic safety, and motor vehicles shall be the primary 22 responsibility of the troopers and officers of the South Carolina 23 Highway Patrol. The troopers and officers of the State Police shall 24 have the primary responsibility for the enforcement of laws 25 relating to commercial motor carriers relating to size, weight, 26 permits, licensing, and inspections for size and weight tolerance 27 and safety. All officers and troopers shall have the same power to 28 serve criminal processes against offenders as sheriffs of the 29 various counties and also the same power as such sheriffs to arrest 30 without warrants and to detain persons found violating or 31 attempting to violate any laws of the State relative to highway 32 traffic, motor vehicles or commercial motor carriers. These 33 officers and troopers shall also have the same power and authority 34 held by deputy sheriffs for the enforcement of the criminal laws of 35 the State. 36 37 Section 236145. A commissioned officer or a uniformed 38 officer of the department Division of Public Safety may, upon 39 reasonable belief that any vehicle is being operated in violation of 40 any provision of statutory law, require the driver thereof to stop 41 and exhibit the registration card issued for the vehicle, the 42 individual’s driver’s license, and submit to an inspection of such 43 vehicle and license.

[3043] 18 1 2 Section 236150. When any person is apprehended by a 3 officer upon a charge of violating any laws of the State relative to 4 highway traffic, motor vehicles or commercial motor carriers such 5 person shall immediately be served with an official summons. The 6 person charged may deposit bail with the arresting officer in lieu 7 of being immediately brought before the proper magistrate, 8 recorder, or other judicial officer to enter into a formal 9 recognizance or make direct the deposit of a proper sum of money 10 in lieu of a recognizance or incarceration. The apprehending 11 officer may accept a sum of money as bail, not less than the 12 minimum nor more than the maximum fine, but in no case to 13 exceed two hundred dollars, to be in due course turned over to the 14 judicial officer as money for bail. The bail deposited shall be in 15 lieu of entering into a recognizance for his appearance for trial as 16 set in the aforesaid summons or being incarcerated by the arresting 17 officer and held for further action by the appropriate judicial 18 officer. A receipt for the sum so deposited shall be given to such 19 person by the arresting officer. The summons duly served as 20 herein provided shall give the judicial officer jurisdiction to 21 dispose of the matter. Upon receipt of the fixed sum of money the 22 officer may release the person so charged as above provided for 23 his further appearance before the proper judicial officer as 24 provided for and required by the summons. 25 26 Section 236170. No officer or trooper may be promoted to a 27 higher rank until such time as the council adopts a promotion 28 policy for commissioned personnel and officers as provided for in 29 Section 236520. 30 31 Section 236180. The Department Division of Public Safety is 32 directed to keep permanent records of all Highway Patrolmen 33 highway patrolmen who are killed in the line of duty or die in any 34 other manner while actively employed as well as records of those 35 who are retired. 36 37 Section 236185. Notwithstanding any other provisions of law, 38 enforcement by the State Transport Police Division, of Articles 3 39 and 5, Chapter 23 of, Title 58, shall be funded from the motor 40 carrier registration fees collected by the Department of Motor 41 Vehicles that previously were collected by the Public Service 42 Commission and the Department Division of Public Safety. 43 Additionally, the State Transport Police is authorized to expend the

[3043] 19 1 motor carrier registration fees to build or renovate weigh stations. 2 All unexpended funds from prior years collected pursuant to this 3 section may be retained and carried forward by the department for 4 the same purposes. 5 6 Section 236187. The department Division of Public Safety 7 may charge a witness fee of one hundred thirty dollars per hour, up 8 to one thousand dollars per day for each trooper trained in 9 Advanced Accident Investigation testifying in civil matters which 10 do not involve the State as a party in interest. The fee shall be 11 charged in addition to any court prescribed payment due as 12 compensation or reimbursement for judicial appearances and 13 deposited into a designated revenue account. The department 14 Division of Public Safety is authorized to receive, expend, retain, 15 and carry forward these funds. 16 17 Section 236190. All monies collected in the Department 18 Division of Public Safety Building Fund, as established in Section 19 563840 that exceed the annual bond payment and the amount 20 needed for building repair must be utilized by the department to 21 support the Highway Patrol. 22 23 Section 236191. The Department Division of Public Safety 24 may pay the cost of physical examinations for department division 25 personnel who are required to receive physical examinations prior 26 to or after receiving a law enforcement commission. 27 28 Section 236193. The department Division of Public Safety 29 may collect, expend, retain, and carry forward all funds received 30 from other state or federal agencies as reimbursement for 31 expenditures incurred when personnel and equipment are 32 mobilized and expenses incurred due to an emergency. 33 34 Section 236195. The department Division of Public Safety 35 may provide meals to employees of the department who are not 36 permitted to leave assigned duty stations and are required to work 37 during deployment, emergency simulation exercises, and when the 38 Governor declares a state of emergency. 39 40 Article 5 41 42 Department Division of Public Safety Special Constable 43

[3043] 20 1 Section 236200. For purposes of this article: 2 (1) ‘Former law enforcement officer’ means: 3 (a) an officer who was previously commissioned by the 4 Governor and who during his law enforcement career worked for 5 the department division; 6 (b) an officer who was commissioned by the Governor, and 7 whose agency, office, or unit was transferred to the department 8 division pursuant to governmental restructuring, including former 9 retired officers; 10 (c) an officer who was previously commissioned by the 11 Governor whose agency, office, or unit was transferred to the 12 department division pursuant to governmental restructuring or any 13 subsequent restructuring, including former retired officers; or 14 (d) other formerly commissioned law enforcement officers 15 or retired officers in good standing from any law enforcement 16 agency, state constables, or volunteer state constables serving 17 without compensation whose appointment is certified by the State 18 Law Enforcement Division as having completed the requisite 19 training to maintain an active commission. 20 (2) ‘Department Division of Public Safety Special Constable’ 21 means a commission authorized by the department division for a 22 former law enforcement officer as defined in (1). 23 (3) ‘Director’ means the chief administrative officer of the 24 Department Division of Public Safety. 25 (4) ‘Department Division’ means Department Division of 26 Public Safety. 27 28 Section 236210. (A) The director is authorized to establish 29 programs for the commissioning of former law enforcement 30 officers of the department division. An individual commissioned 31 pursuant to this section shall receive a Department Division of 32 Public Safety Special Constable commission. 33 (B) The powers and duties of these special constables shall be 34 determined by the director and specified in writing, and individuals 35 commissioned pursuant to this section shall be subject to removal 36 by the director at any time. Before assuming their duties, special 37 constables shall take the oath of office required by law and 38 successfully complete a course of training specified by the 39 director. 40 (C) A constable shall be entitled to enforce the laws of this 41 State and exercise the duties of his office throughout the State 42 except as may be limited in subsection (B).

[3043] 21 1 (D) The course of training required in subsection (B) does not 2 apply to former officers holding a valid commission issued by 3 another agency or governmental entity, except that all officers 4 shall meet any annual continuing training requirements established 5 by the director in order to maintain their commissions. 6 7 Section 236220. (A) Constables may not receive 8 compensation including, but not limited to, salary for services 9 rendered absent specific statutory authorization. 10 (B) Any uniforms and equipment issued by the department 11 division shall remain the property of the department division, but 12 may, in the discretion of the director division, be entrusted to the 13 care and control of the constables. A constable assisting a fulltime 14 department division law enforcement officer shall wear uniforms 15 or other insignia which identify the constable as a special law 16 enforcement officer assisting the department division. 17 (C) Workers’ compensation benefits may be provided on an as 18 needed basis for special constables by the director in the same 19 manner as benefits are provided for fulltime officers. For purposes 20 of compensation or benefits arising from dutyrelated injury or 21 death, special constables shall be considered as employees of the 22 department division. 23 24 Section 236230. Identification cards registering a special 25 constable must be issued by the Department Division of Public 26 Safety for all individuals commissioned pursuant to this article. 27 28 Section 236240. Notwithstanding any other provision of law, 29 constables who have received the required training shall be 30 authorized by the director to carry pistols on and about their 31 persons unless otherwise restricted by the director in writing. 32 However, the director, after hearing and for cause, may deny such 33 privilege to any constable pursuant to this section who is guilty of 34 using his pistol at any time in a manner inconsistent with accepted 35 law enforcement procedures as determined by the director or who 36 has been convicted of any crime for which a penalty of 37 imprisonment for more than one year may be imposed. The term 38 ‘conviction’ shall include a plea of guilty, a plea of nolo 39 contendere, or forfeiture of bail. 40 41 Article 11 42

[3043] 22 1 South Carolina Public Safety Division of Public Safety 2 Coordinating Council 3 4 Section 236500. There is created a council to administer 5 certain responsibilities of the Department Division of Public Safety 6 and coordinate certain activities between the department division, 7 the South Carolina Law Enforcement Division and municipal and 8 county law enforcement agencies. The council is to be known as 9 the South Carolina Division of Public Safety Coordinating 10 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 Division of Public Safety; 24 (6) a sheriff appointed by the Governor for the term of office 25 for which he is elected; 26 (7) a municipal police chief appointed by the Governor for a 27 term of two years; and 28 (8) 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; 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;

[3043] 23 1 (4) advise and consult on questions of jurisdiction and law 2 enforcement and public safety activities between the Department 3 Division of Public Safety, the South Carolina Law Enforcement 4 Division and law enforcement agencies of local political 5 subdivisions. 6 7 Section 236530. The council may elect such other officers as 8 it deems necessary from its membership and the members of the 9 council shall serve without pay but are authorized, as eligible, to 10 receive the usual per diem, mileage and subsistence provided for 11 by law.” 12 13 SECTION 26. Section 232330(A)(6) of the 1976 Code as added 14 by Act 317 of 2006, is amended to read: 15 16 “(6) the Director of the South Carolina Department Division of 17 Public Safety;” 18 19 SECTION 27. Section 232520 of the 1976 Code is amended to 20 read: 21 22 “Section 232520. (A) The South Carolina Law Enforcement 23 Officers Hall of Fame shall hereafter be administered as an office 24 of the Department Division of Public Safety. 25 (B) There is created a South Carolina Law Enforcement 26 Officers Hall of Fame Advisory Committee. The committee shall 27 consist of the following ex officio members: 28 (1) the Director of the Department Division of Public Safety, 29 who shall serve as chairman; the Chief of the State Law 30 Enforcement Division; 31 (2) the Chief of the State Law Enforcement Division; 32 (3) the Director of the Department of Corrections; 33 (4) the Secretary of the South Carolina Sheriffs’ 34 Association; 35 (5) the Executive Director of the South Carolina Law 36 Enforcement Officers Association; 37 (6) the President of the South Carolina Police Chiefs 38 Association, or his designee; and 39 (7) a representative of the Natural Resources Enforcement 40 Division, to be appointed by the Director director of the 41 Department of Natural Resources division. 42 (C) Members of the advisory committee may designate persons 43 to represent them at meetings they are unable to attend.”

[3043] 24 1 2 SECTION 28. Section 245340 of the 1976 Code is amended to 3 read: 4 5 “Section 245340. Additional requirements beyond those set 6 out in this article may be imposed by the local political entity 7 through the responsible authority. 8 Upon request by the director and assurance by the director that 9 minimum requirements have been met, identification cards 10 registering a reserve’s status may be issued by the Department 11 Division of Public Safety.” 12 13 SECTION 29. Section 369410(B)(4) of the 1976 Code, as added 14 by Act 265 of 2004, is amended to read: 15 16 “(4) to personal property titled by the Department Division of 17 Public Safety or the Law Enforcement Division of the South 18 Carolina Department of Natural Resources.” 19 20 SECTION 30. Section 3855530(A) of the 1976 Code is amended 21 to read: 22 23 “(A) ‘Authorized agency’ means any duly constituted criminal 24 investigative department or agency of the United States or of this 25 State; the Department of Insurance; the Department of Revenue; 26 the Department of Law Enforcement and Public Safety; the 27 Department of Motor Vehicles; the Workers’ Compensation 28 Commission; the State Accident Fund; the Second Injury Fund; 29 the Employment Security Commission; the Department of 30 Consumer Affairs; the Human Affairs Commission; the 31 Department of Health and Environmental Control; the Department 32 of Social Services; the Department of Health and Human 33 Services; the Department of Labor, Licensing and Regulation; all 34 other state boards, commissions, and agencies; the Office of the 35 Attorney General of South Carolina; or the prosecuting attorney of 36 any judicial circuit, county, municipality, or political subdivision 37 of this State or of the United States, and their respective employees 38 or personnel acting in their official capacity.” 39 40 SECTION 31. Section 3855570(C) of the 1976 Code is amended 41 to read: 42

[3043] 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 Division of 6 Public Safety, 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 32. 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 Division of Public Safety, the sheriff’s department of 18 any 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 33. 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 Division of 34 Public Safety, the Department of Commerce, one member 35 appointed by the Governor who is associated with the textile 36 industry and serves without compensation, and one member 37 appointed by the Governor from his staff. If a designated member 38 ceases to be on the staff of the state agencies provided in this 39 section, he no longer is a member of the advisory committee, and 40 the executive officer shall serve or designate another member of 41 his staff to serve on the committee. Members of the committee 42 serve until this section and Section 399240 have been implemented

[3043] 26 1 fully. The Commissioner of Agriculture, with the assistance and 2 recommendations of the 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 34. 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 Division of Public 23 Safety shall endorse local efforts to develop a statewide network of 24 mass transit systems.” 25 26 SECTION 35. Section 444130(Q) of the 1976 Code, as added by 27 Act 339 of 2002, is amended to read: 28 29 “(Q) ‘Public safety authority’ means the Department Division of 30 Public Safety, the State Law Enforcement Division, or designated 31 persons authorized to act on behalf of the Department Division of 32 Public Safety, the State Law Enforcement Division including, but 33 not 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 36. 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

[3043] 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, the Division of Public Safety and the Military 4 Department, and their several state agencies; state, county, and 5 municipal police departments including marine police components; 6 and the South Carolina Army and Air National Guard.” 7 8 SECTION 37. 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 one 13 hundreddollar 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 Division of Public Safety for supplying and 17 maintaining all necessary vehicle videotaping equipment. The 18 remaining seventyfive dollars must be placed by the Comptroller 19 General into a special restricted account to be used by the 20 Department of Motor Vehicles to defray its expenses. The 21 temporary alcohol license allows the person to drive a motor 22 vehicle without any restrictive conditions pending the outcome of 23 the administrative hearing provided for in this section or the final 24 decision or disposition of the matter;” 25 26 SECTION 38. 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 Division of Public 32 Safety for the Highway Patrol.” 33 34 SECTION 39. 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 Division 39 of Public Safety 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

[3043] 28 1 SECTION 40. 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 Division of Public Safety or any police officer of the 8 State.” 9 10 SECTION 41. 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 Division of Public Safety.” 15 16 SECTION 42. 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 Division of Public Safety’s Transport Police 21 Division.” 22 23 SECTION 43. 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 Division of 33 Public Safety 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 Division 38 of Public Safety and used for these purposes.” 39 40 SECTION 44. Section 563663 of the 1976 Code is amended to 41 read: 42

[3043] 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 Division of Public 9 Safety 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 45. 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. If the owner is delinquent by more 31 than ninety days, he shall pay a delinquency penalty fee of 32 seventyfive dollars to the department. However, there is no 33 delinquency penalty fee for campers and travel trailers subject to 34 the registration fee under Section 563720. 35 A person who drives, moves, or operates on a highway a vehicle 36 for which a registration and license are required but have not been 37 obtained within thirty days of the date when required is guilty of a 38 misdemeanor. 39 All monies collected pursuant to this section, not to exceed the 40 actual revenues collected in fiscal year 19992000, must be 41 annually deposited to a separate account and held in reserve for the 42 Department Division of Public Safety. Notwithstanding any other 43 provision of law, these monies must be deposited to the credit of

[3043] 30 1 the department division into a special fund in the office of the State 2 Treasurer designated as the ‘Department Division of Public Safety 3 Building Fund’. The Department Division of Public Safety must 4 use these monies and other unobligated monies for the purpose of 5 issuing revenue bonds or for entering into a lease purchase 6 agreement for a headquarters facility, including the renovation of 7 existing facilities. The Department Division of Public Safety is 8 authorized to initiate and direct a capital project to purchase or 9 construct a new headquarters facility. Projects funded under this 10 section other than for the construction or purchase of a new 11 headquarters facility, including but not limited to, the expansion or 12 renovation of an existing facility, must be approved by a joint 13 resolution provided that if the Department Division of Public 14 Safety employs a lease purchase agreement to build or purchase a 15 new headquarters facility, the lease purchase agreement must be 16 approved by the State Budget and Control Board. The cost of a 17 headquarters facility must not exceed thirty million dollars unless a 18 parking facility or garage is required.” 19 20 SECTION 46. Section 565330 of the 1976 Code is amended to 21 read: 22 23 “Section 565330. ‘Safety glass’ shall mean any product 24 composed of glass, so manufactured, fabricated or treated as 25 substantially to prevent shattering and flying of the glass when 26 struck or broken or such other or similar product as may be 27 approved by the Department Division of Public Safety.” 28 29 SECTION 47. Section 565380 of the 1976 Code is amended to 30 read: 31 32 “Section 565380. Every county and municipality in this State 33 and any other local board or body having authority to maintain any 34 public highways or to regulate the traffic thereon, but not including 35 the Department Division of Public Safety, is a ‘local authority’.” 36 37 SECTION 48. Section 565765(A) and (B) of the 1976 Code is 38 amended to read: 39 40 “(A) When a motor vehicle or motorcycle of a law enforcement 41 agency, except a motor vehicle or motorcycle of the Department 42 Division of Public Safety, is involved in a traffic collision that: (1) 43 results in an injury or a death, or (2) involves a privatelyowned

[3043] 31 1 privately owned motor vehicle or motorcycle, regardless of 2 whether another motor vehicle or motorcycle is involved, the State 3 Highway Patrol must investigate the collision and must file a 4 report with findings on whether the agency motor vehicle or 5 motorcycle was operated properly within the guidelines of 6 appropriate statutes and regulations. 7 (B) When a motor vehicle or motorcycle of the Department 8 Division of Public Safety is involved in a traffic collision that: (1) 9 results in an injury or a death, or (2) involves a privatelyowned 10 privately owned motor vehicle or motorcycle, regardless of 11 whether another motor vehicle or motorcycle is involved, the 12 sheriff of the county in which the collision occurred must 13 investigate the collision, regardless of whether the collision 14 occurred within an incorporated jurisdiction, and must file a report 15 with findings on whether the Department Division of Public 16 Safety’s motor vehicle or motorcycle was operated properly within 17 the guidelines of appropriate statutes and regulations.” 18 19 SECTION 49. Section 5651270 of the 1976 Code is amended to 20 read: 21 22 “Section 5651270. The operator or owner of a motor vehicle 23 involved in an accident resulting in injury to or death of any person 24 or total property damage to an apparent extent of one thousand 25 dollars or more which was not investigated by a law enforcement 26 officer, within fifteen days after the accident, shall forward a 27 written report and verification of liability insurance coverage of 28 the accident to the Department of Motor Vehicles, the proof and 29 report to be in a manner prescribed by the Department of Motor 30 Vehicles and the Department Division of Public Safety. The 31 completed and verified form must be returned by the operator or 32 owner to the Department of Motor Vehicles within fifteen days 33 from the accident date. Failure to forward the accident report 34 verified in the proper manner in respect to liability insurance 35 coverage for the operation of the vehicle involved in the accident is 36 prima facie evidence that the vehicle was uninsured. 37 Every law enforcement officer who, in the regular course of 38 duty, investigates a motor vehicle accident that results in injury to 39 or death of any person or total property damage to an apparent 40 extent of one thousand dollars or more either at the time of and at 41 the scene of the accident or after the accident by interviewing 42 participants or witnesses, within twentyfour hours after completing 43 the investigation, must forward a written report of the accident to

[3043] 32 1 the Department of Motor Vehicles including the names of 2 interviewed participants and witnesses. If a twowheeled motorized 3 vehicle is involved in the accident and the operator or a passenger 4 of the vehicle suffers a head injury, the injury must be indicated on 5 the report.” 6 7 SECTION 50. Section 5651300 of the 1976 Code is amended to 8 read: 9 10 “Section 5651300. The Department Division of Public Safety 11 shall prepare and upon request supply to police departments, 12 coroners, sheriffs, garages and other suitable agencies or 13 individuals forms for accident reports required hereunder, 14 appropriate with respect to the persons required to make such 15 reports and the purposes to be served. The written reports to be 16 made by persons involved in accidents and by investigating 17 officers shall call for sufficiently detailed information to disclose 18 with reference to a traffic accident the cause, conditions then 19 existing and the persons and vehicles involved. Every accident 20 report required to be made in writing shall be made on the 21 appropriate form approved by the Department division and shall 22 contain all of the information required therein unless not 23 available.” 24 25 SECTION 51. 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 Division of Public Safety 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 52. 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 Division of Public Safety within 43 twentyfour hours after such motor vehicle is received, giving the

[3043] 33 1 engine number, registration number and the name and address of 2 the owner or operator of such vehicle.” 3 4 SECTION 53. 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 Division of Public Safety, 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 54. Section 5651350 of the 1976 Code is amended to 28 read: 29 30 “Section 5651350. The Department Division of Public Safety 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 55. 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 41 Division of Public Safety first shall consider the need for 42 additional highway patrolmen.” 43

[3043] 34 1 SECTION 56. 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 Division of Public 7 Safety the Highway Patrol.” 8 9 SECTION 57. 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 Division of Public 15 Safety the Highway Patrol.” 16 17 SECTION 58. 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 Division of Public 23 Safety for the Highway Patrol.” 24 25 SECTION 59. 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 hundreddollar 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 Division 33 of Public Safety for supplying and maintaining all necessary 34 vehicle videotaping equipment. The remaining seventyfive dollars 35 must 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 administrative hearing provided for in subsection (F) or the final 40 decision or disposition of the matter. If the suspension is upheld at 41 the administrative hearing, the temporary alcohol license remains 42 in effect until the Department of Motor Vehicles issues the hearing

[3043] 35 1 officer’s decision and sends notice to the person that he is eligible 2 to receive a restricted license pursuant to subsection (H); and” 3 4 SECTION 60. Section 5652953(D),(E) and (F) of the 1976 Code 5 is amended to read: 6 7 “(D) SLED is responsible for purchasing, maintaining, and 8 supplying all necessary video recording equipment for use at the 9 breath test sites. SLED also is responsible for monitoring all 10 breath test sites to ensure the proper maintenance of video 11 recording equipment. The Department Division of Public Safety is 12 responsible for purchasing, maintaining, and supplying all 13 videotaping video recording equipment for use in all law 14 enforcement vehicles used for traffic enforcement. The 15 Department Division of Public Safety also is responsible for 16 monitoring all law enforcement vehicles used for traffic 17 enforcement to ensure proper maintenance of video recording 18 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 Division of Public Safety to 27 purchase, maintain, and supply video recording equipment for 28 vehicles used for traffic enforcement. The remaining twelve and 29 onehalf percent of the funds received in accordance with Section 30 141208(C)(9) must be expended by SLED to purchase, maintain, 31 and supply video recording equipment for the breath test sites. 32 Funds must be distributed by the State Treasurer to the Department 33 Division of Public Safety and SLED on a monthly basis. The 34 Department Division of Public Safety and SLED are authorized to 35 carry forward any unexpended funds received in accordance with 36 Section 141208(C)(9) as of June thirtieth of each year and to 37 expend these carried forward funds for the purchase, maintenance, 38 and supply of video recording equipment. The Department 39 Division of Public Safety and SLED must report the revenue 40 received under this section and the expenditures for which the 41 revenue was used as required in the department’s Divison of 42 Public Safety and SLED’s annual appropriation request to the 43 General Assembly.

[3043] 36 1 (F) The Department Division of Public Safety and the SLED 2 must promulgate regulations necessary to implement the 3 provisions of this section.” 4 5 SECTION 61. 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 Division of Public Safety. 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 62. 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 Division of Public Safety. The department division 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 63. 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 Division of 38 Public Safety. The department division is hereby authorized to 39 adopt and amend regulations covering types of wind screens and 40 specifications therefor.” 41 42 SECTION 64. Section 5653690 of the 1976 Code is amended to 43 read:

[3043] 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 Division of Public 7 Safety and appear on the list of approved devices maintained by 8 the department division.” 9 10 SECTION 65. 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 Division of Public Safety;” 18 19 SECTION 66. 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 Division of Public Safety.” 25 26 SECTION 67. 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 Division 36 of Public Safety. The fee for each permit shall be fifteen dollars 37 for 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

[3043] 38 1 SECTION 68. 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 Division of Public Safety 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 Division of Public Safety, or motor homes 39 which may not exceed fortyfive feet in length, if the turning radius 40 of the motor home is fortyeight feet or less.” 41 42 SECTION 69. Section 5654075 of the 1976 Code is amended to 43 read:

[3043] 39 1 2 “Section 5654075. The Department Division of Public Safety 3 and the Department of Transportation may promulgate regulations 4 as necessary to implement the provisions of this article. 5 Regulations may be promulgated to make designations as are 6 necessary to provide for those vehicles which operate on the 7 National System of Interstate and Defense Highways and ‘other 8 qualifying highways’ pursuant to Sections 5654030 and 5654070 9 reasonable access to: 10 (a) terminals, facilities for food, fuel, repairs, and rest; 11 (b) points of loading and unloading for household goods 12 carriers and auto transporters; and 13 (c) specific industrial, commercial, warehousing, and similar 14 sites, only after consulting with and considering the views of the 15 local governments through whose jurisdictions such specific site 16 access would pass. 17 The Department of Transportation may cooperate with the 18 United States Government by providing information to accomplish 19 uniformity in designating ‘other qualifying highways’. The 20 information may only be provided after safety and operational 21 requirements of the citizens of this State have been studied by the 22 Department of Transportation. Any proposals by the Department 23 of Transportation to add highways, other than those provided for in 24 (a), (b), and (c) of this section, to the network of ‘qualifying 25 highways’ designated by the U. S. Secretary of Transportation 26 must be approved by the General Assembly before they become 27 effective. 28 The Governor may petition the Secretary of Transportation of 29 the United States to remove any highway federally designated 30 under the Surface Transportation Assistance Act of 1982 [49 31 USCS U.S.C. Appx Sections 2301, et seq.], as amended by 32 Congress, and not considered safe.” 33 34 SECTION 70. The first two paragraphs of Section 5654140(A) 35 (4) of the 1976 Code are amended to read: 36 37 “(4) Vehicles with an overall maximum gross weight in excess 38 of 75,185 pounds may operate upon any highway or section of 39 highway in the Interstate System up to an overall maximum of 40 80,000 pounds in accordance with the following: 41 The weight imposed upon the highway by any group of two or 42 more consecutive axles may not, unless specially permitted by the

[3043] 40 1 Department Division of Public Safety exceed an overall gross 2 weight produced by the application of the following formula: 3 W = 500 (LN/N1 + 12N + 36).” 4 5 SECTION 71. Section 5654160 of the 1976 Code, as last 6 amended by Act 234 of 2008, is further amended to read: 7 8 “Section 5654160. (A) An officer or agent of the Department 9 Division of Public Safety having reason to believe that the weight 10 of a vehicle and load is unlawful may require the driver to stop and 11 submit to a weighing of the vehicle and load either by means of 12 portable or stationary scales and may require that the vehicle be 13 driven to the nearest public scales. Whenever an officer upon 14 weighing a vehicle and load determines that the weight is 15 unlawful, he may require the driver to stop the vehicle in a suitable 16 place and remain standing until the portion of the load necessary to 17 reduce the axle weight, or gross weight of the vehicle, or both, to 18 the limits permitted under this chapter is removed. All material 19 unloaded must be cared for by the owner or operator of the vehicle 20 at his own risk. In determining whether the limits established by 21 Section 5654130 or 5654140 have been exceeded, the scaled 22 weights of the gross weight of vehicles and combinations of 23 vehicles are considered to be not closer than ten percent to the true 24 gross weight, except as otherwise provided in Section 5654140. 25 (B) A person who operates a vehicle on a public highway 26 whose axle weight is in excess of the limits imposed by Section 27 5654130 or 5654140 is guilty of a misdemeanor and, upon 28 conviction, must be fined five cents per pound or imprisoned not 29 more than thirty days, or both. If a vehicle does not exceed the 30 gross weight limits provided for by this article, and the axle weight 31 limits are not exceeded by more than five percent including 32 enforcement tolerances, the fine imposed is reduced by fifty 33 percent with a minimum fine of twentyfive dollars. 34 (C) A person who operates a vehicle found to exceed the excess 35 gross weight limitations imposed by Section 5654130 or 5654140 36 is guilty of a misdemeanor and, upon conviction, shall pay to the 37 Department Division of Public Safety a fine based on the 38 following scale: 39 (1) 5003,500 pounds: four cents per pound over weight 40 limit; 41 (2) 3,5016000 pounds: six cents per pound over weight 42 limit, beginning with the first pound in excess;

[3043] 41 1 (3) 6,001 pounds and over: ten cents per pound over weight 2 limit, beginning with the first pound in excess. 3 The fine imposed pursuant to items (1) and (2) must be equal to 4 onehalf the rate for vehicles transporting raw farm or forest 5 products from the farm or forest to the first market, or by fully 6 enclosed motor vehicles designed specifically for collecting, 7 compacting, and hauling garbage from residences or from garbage 8 dumpsters, or by motor vehicles operating open top trailers used 9 for hauling recyclables, scrap, and waste materials from sites 10 without facilities for weighing, when operating for those purposes. 11 If an operator is found to be in violation of both gross and axle 12 limits, only one citation may be issued, the fine being for the 13 greater of the two, for that load. No fine may be issued for 14 violation of the vehicle registration statutes if that vehicle is 15 registered for the maximum allowable weight for that class of 16 vehicle as provided in Section 5654140. 17 If the operator of the vehicle, upon conviction, fails to remit the 18 fine imposed by this subsection to the Department Division of 19 Public Safety, the owner of the vehicle is responsible for remitting 20 the fine. The court is prohibited from suspending any portion of 21 this fine. 22 (D)(1) A person who operates a vehicle found to have 23 outofservice violations, other than violations of brakes out of 24 adjustment and lighting violations which can be repaired at the 25 scene, detected during a roadside inspection, is guilty of a 26 misdemeanor and, upon conviction, shall pay to the Department 27 Division of Public Safety a fine of two hundred dollars. 28 (2)(a) An individual who operates a commercial motor 29 vehicle on a public highway whose vehicle or driver is in violation 30 of the outofservice order as defined in 49 CFR C.F.R. 390.5 is 31 guilty of a misdemeanor and, upon conviction, must be fined five 32 hundred dollars. 33 (b) A company or individual who operates or allows a 34 commercial motor vehicle to be operated on a public highway in 35 violation of a motor carrier operation outofservice order, or order 36 to cease operation, is guilty of a misdemeanor and, upon 37 conviction, must be fined one thousand dollars. 38 (3) If the operator of the vehicle, upon conviction, fails to 39 remit the fine imposed by this subsection to the Department 40 Division of Public Safety, the owner of the vehicle is responsible 41 for remitting the fine. The court is prohibited from suspending any 42 portion of this fine.

[3043] 42 1 (E) At the time that a uniform size, weight, and safety citation 2 is issued pursuant to this section, the officer or agent who is 3 authorized to issue the citation must inform the individual 4 receiving the citation that he has the option, at that time, to elect to 5 pay his fine directly to the Department Division of Public Safety or 6 to receive a hearing in magistrate’s court. If the individual at the 7 time the citation is issued elects to pay his fine directly to the 8 department within twentyeight days, as specified on the citation, 9 no assessments may be added to the original fine pursuant to this 10 section. The fine may be deposited with the arresting officer or a 11 person the department division may designate. The fine must be 12 deposited in full or other arrangements satisfactory to the 13 department division for payment must be made before the operator 14 is allowed to move the vehicle. 15 (F) Magistrates have jurisdiction of all contested violations of 16 this section. All monies collected pursuant to Section 5654160 17 must be forwarded to the Department Division of Public Safety as 18 provided for in this section. A magistrate, within fortyfive days, 19 must forward all monies collected to the department for deposit in 20 the account established in this section. The department shall use 21 these monies to establish and maintain automated data bases, to 22 upgrade and refurbish existing weigh stations, to purchase and 23 maintain portable scales, to hire additional State Transport Police 24 Officers, to purchase equipment for State Transport Police 25 Officers, and to procure other commercial motor vehicle safety 26 measures, and fund other commercial motor vehicle safety 27 programs that the department considers necessary. The fine may 28 be deposited with the arresting officer or a person the department 29 may designate. The fine must be deposited in full or other 30 arrangements satisfactory to the department for payment must be 31 made before the operator is allowed to move the vehicle. If there 32 is no conviction, the fine must be returned to the owner promptly. 33 ‘Conviction’, as used in this section, also includes the entry of a 34 plea of guilty or nolo contendere and the forfeiture of bail or 35 collateral deposited to secure a defendant’s presence in the court. 36 If the fine is not paid in full to the Department Division of 37 Public Safety SLED within fortyfive days after conviction, the 38 license and registration of the vehicle found to violate Section 39 58231120 or Regulations 38423 et seq. or exceed the limits 40 imposed by Section 5654130 or 5654140 must be suspended. The 41 owner of the vehicles immediately shall return the license and 42 registration of the vehicle to the Department of Motor Vehicles. If 43 a person fails to return them as provided in this section, the

[3043] 43 1 Department of Motor Vehicles may secure possession of them by a 2 commissioned trooper or officer. The suspension continues until 3 the fine is paid in full. 4 (G) The Department Division of Public Safety shall provide a 5 separate uniform citation to be used by the State Transport Police 6 Division of the Department Division of Public Safety. The 7 uniform citation must be used for all size, weight, idling, and 8 safety violations which the State Transport Police Division of the 9 Department Division of Public Safety is primarily responsible for 10 enforcing. 11 (H) The issuance of a uniform citation to the operator of a 12 vehicle for a violation of this section, Section 58231120, or 13 Regulation 38423, et seq., constitutes notice to the owner of the 14 violation. The uniform citation must include the following 15 language in bold letters to be printed across the bottom of the 16 citation ‘THE ISSUANCE OF A UNIFORM CITATION NOTICE 17 TO THE OPERATOR OF A VEHICLE CONSTITUTES NOTICE 18 TO THE OWNER OF A SIZE, WEIGHT, IDLING, OR SAFETY 19 VIOLATION’. 20 (I) An individual who fails to conduct a safety inspection of a 21 vehicle as required by Part 396 of the Federal Motor Carrier Safety 22 Regulations or fails to have in his possession documentation that 23 an inspection has been performed must be fined one hundred 24 dollars per vehicle operated in violation of this subsection. 25 (J) Motor carriers, officers, or agents in charge of them, who 26 fail or refuse to permit authorized State Transport Police 27 representatives or employees to examine and inspect their books, 28 records, accounts, and documents, or their plants, property, or 29 facilities, as provided by law and with reasonable notice, are guilty 30 of a misdemeanor. Each day of such failure or refusal constitutes a 31 separate offense and each offense is punishable by a fine of one 32 thousand dollars. 33 (K) Notwithstanding any other provision of law, all fines 34 collected pursuant to this section must be deposited into an account 35 in the Office of the State Treasurer and called the ‘Size, Weight, 36 and Safety Revitalization Program Fund for Permanent 37 Improvements’. Monies credited to the fund may only only may 38 be expended as authorized in item subsection (F) of this section. 39 (L) Notwithstanding any other provision of law, the maximum 40 gross vehicle weight and axle weight limit for a vehicle or 41 combination of vehicles equipped with an idle reduction system, as 42 provided for in 23 U.S.C. 127, may be increased by an amount 43 equal to the weight of the system, not to exceed four hundred

[3043] 44 1 pounds. Upon request by a law enforcement officer, the vehicle 2 operator must provide proof that the system is fully functional and 3 that the vehicle’s gross weight increase allowed pursuant to this 4 section is attributable only to the system.” 5 6 SECTION 72. Section 5654170(C) and (F) of the 1976 Code is 7 amended to read: 8 9 “(C) The Department Division of Public Safety State Transport 10 Police, if requested by the State Ports Authority, may as a public 11 safety service, enter upon, and perform courtesy inspections of 12 vehicles for purposes of identifying and tagging vehicles which 13 may require mechanical work before being tendered for use on 14 public highways. 15 16 (F) The Department Division of Public Safety shall develop 17 and maintain a separate database on roadside vehicle inspection 18 reports for power unit defects and for defects on any vehicle 19 tendered to the motor carrier. The database may be used to 20 identify and monitor those entities whose responsibility it is to 21 provide any vehicle to motor carriers in roadworthy conditions as 22 prescribed by the FMCSR. Roadside vehicle inspection reports 23 noting defects on any vehicle where there is not ownership by the 24 motor carrier must not be used or applied against the motor carrier 25 when this information may affect the motor carrier’s overall record 26 of compliance with the FMCSR.” 27 28 SECTION 73. Section 5654840 of the 1976 Code is amended to 29 read: 30 31 “Section 5654840. It shall be unlawful for any person to sell, 32 offer for sale or use any device or equipment which tends to 33 change the original design or performance of any head lamps or 34 any other lamps or reflectors required by law to be attached to 35 motor vehicles, trailers or semitrailers unless the equipment or 36 device has been approved by the director of the Department 37 Division of Public Safety.” 38 39 SECTION 74. Section 5654880 of the 1976 Code is amended to 40 read: 41 42 “Section 5654880. (a) The Department Division of Public 43 Safety is authorized to require an inspection of the braking system

[3043] 45 1 on any motordriven cycle and to disapprove any such braking 2 system on a vehicle which it finds will not comply with the 3 performance ability standard set forth in Section 5654860, or 4 which in its opinion is equipped with a braking system that is not 5 so designed or constructed as to insure reasonable and reliable 6 performance in actual use. 7 (b) The Department of Motor Vehicles may refuse to register 8 or may suspend or revoke the registration of any vehicle referred 9 to in this section when the Department Division of Public Safety 10 determines that the braking system thereon does not comply with 11 the provisions of this section. 12 (c) No person shall operate on any highway any vehicle 13 referred to in this section in the event the Department Division of 14 Public Safety has disapproved the braking system upon such 15 vehicle.” 16 17 SECTION 75. Section 5654970 of the 1976 Code is amended to 18 read: 19 20 “Section 5654970. Any authorized emergency vehicle may be 21 equipped with a siren, whistle or bell capable of emitting sound 22 audible under normal conditions from a distance of not less than 23 five hundred feet and of a type approved by the Department 24 Division of Public Safety, but such siren shall not be used except 25 when such vehicle is operated in response to an emergency call or 26 in the immediate pursuit of an actual or suspected violator of the 27 law, in which latter event the driver of such vehicle shall sound 28 such siren when necessary to warn pedestrians and other drivers of 29 the approach thereof.” 30 31 SECTION 76. Section 5655015(E) of the 1976 Code is amended 32 to read: 33 34 “(E) Each vehicle equipped with an afterfactory sunscreening 35 device, whether installed by a consumer or professional window 36 tinter, at all times must bear a certificate of compliance. The 37 certificate of compliance must be of a size and form prescribed by 38 the Department Division of Public Safety. Each certificate of 39 compliance must be properly attached to the vehicle on the inside 40 and lower right hand corner of each window containing an 41 afterfactory installed sunscreen device and must contain the 42 following information:

[3043] 46 1 (1) the percentage of light transmission allowed by the 2 sunscreening device; 3 (2) the identity of the installer by name, address, and 4 telephone number; and 5 (3) date of installation.” 6 7 SECTION 77. Section 5655080 of the 1976 Code is amended to 8 read: 9 10 “Section 5655080. As an alternative it shall be deemed a 11 compliance with Sections 5655060 and 5655070 in the event the 12 person operating any motor vehicle described therein shall carry in 13 such vehicle three portable reflector units on standards of a type 14 approved by the Department Division of Public Safety. No 15 portable reflector unit shall be approved unless it is so designed 16 and constructed as to include two reflectors, one above the other, 17 each of which shall be capable of reflecting red light clearly visible 18 from all distances within five hundred to fifty feet under normal 19 atmospheric conditions at nighttime when directly in front of 20 lawful upper beams of head lamps.” 21 22 SECTION 78. Section 5655120 of the 1976 Code is amended to 23 read: 24 25 “Section 5655120. In the alternative it shall be deemed a 26 compliance with Sections Section 5655090, 5655100 or 5655110 27 in the event three portable reflector units on standards of a type 28 approved by the Department Division of Public Safety are 29 displayed at the times and under the conditions specified in said 30 sections, either during the daytime or at nighttime, and such 31 portable reflector units shall be placed on the roadway in the 32 locations as described with reference to the placing of electric 33 lanterns and lighted flares.” 34 35 SECTION 79. Section 5655140 of the 1976 Code is amended to 36 read: 37 38 “Section 5655140. Any person operating any vehicle 39 transporting any explosive as a cargo or part of a cargo upon a 40 highway shall at all times comply with the provisions of this 41 section. Such vehicle shall be marked or placarded on each side 42 and the rear with the word ‘Explosive’ in letters not less than eight 43 inches high or there shall be displayed on the rear of such vehicle a

[3043] 47 1 red flag not less than twentyfour inches square marked with the 2 word ‘Danger’ in white letters six inches high. Every such vehicle 3 shall be equipped with not less than two fire extinguishers, filled 4 and ready for immediate use and placed at a convenient point on 5 the vehicle so used. 6 The Department Division of Public Safety shall promulgate such 7 additional regulations governing the transportation of explosives 8 and other dangerous articles by vehicles upon the highways as it 9 shall deem advisable for the protection of the public.” 10 11 SECTION 80. Section 5655810(e) of the 1976 Code is amended 12 to read: 13 14 “(e) ‘Colored tag’ means any type of notice affixed to an 15 abandoned or derelict vehicle advising the owner or the person in 16 possession that it has been declared an abandoned or derelict 17 vehicle and will be treated as such. The tag shall be of sufficient 18 size to be easily discernable and shall contain such information as 19 the Department Division of Public Safety deems necessary to carry 20 out the provisions of this article.” 21 22 SECTION 81. Section 5655870 of the 1976 Code is amended to 23 read: 24 25 “Section 5655870. The Department Division of Public Safety, 26 or any county or municipality may contract with any federal, other 27 state, county, or municipal authority or private enterprise for 28 tagging, collection, storage, transportation, or any other services 29 necessary to prepare derelict or abandoned vehicles for recycling 30 or other methods of disposal. Publiclyowned properties, when 31 available, shall be provided as temporary collecting areas for the 32 motor vehicles defined herein.” 33 34 SECTION 82. Section 5655880 of the 1976 Code is amended to 35 read: 36 37 “Section 5655880. All officers, employees, and agents of any 38 person under contract with the Department Division of Public 39 Safety, county, or municipality, are authorized to go on private 40 property for the purposes of enforcing this article. No agent or 41 employee of any federal, state, county, or municipal government or 42 other political subdivision, no person or occupant of the premises 43 from which any derelict or abandoned motor vehicle shall be

[3043] 48 1 removed, nor any person or firm contracting for the removal of or 2 disposition of any such motor vehicle shall be held criminally or 3 civilly liable in any way arising out of or caused by carrying out or 4 enforcing any provisions of this article unless such person is guilty 5 of willfulness wilfullness, wantonness, or recklessness.” 6 7 SECTION 83. Section 5656170 of the 1976 Code is amended to 8 read: 9 10 “Section 5656170. The Department Division of Public Safety 11 shall administer and enforce the provisions of this chapter with 12 respect to State highways, and law enforcement officers generally 13 shall also also shall enforce this chapter within their respective 14 jurisdictions. No police officer in investigating a traffic accident 15 shall necessarily deem the fact that an accident has occurred as 16 giving rise to the presumption that a violation of a law has 17 occurred. Arrests and criminal prosecution for violation of this 18 chapter shall be based upon evidence of a violation of the law.” 19 20 SECTION 84. Section 5656525(A) of the 1976 Code, as last 21 amended by Act 147 of 2005, is further amended to read: 22 23 “(A) The Department Division of Public Safety or any other law 24 enforcement agency must not use a ‘Click It or Ticket’ campaign 25 or a similar endeavor of systematic checkpoints or roadblocks as a 26 law enforcement tool where the principal purpose is to detect and 27 issue a ticket to a violator of the provisions of this article on either 28 a primary or secondary basis.” 29 30 SECTION 85. Section 5656560(A) and (B) of the 1976 Code, as 31 added by Act 147 of 2005, is amended to read: 32 33 “(A) Any time a motor vehicle is stopped by a state or local law 34 enforcement officer without a citation being issued or an arrest 35 being made, the officer who initiated the stop must complete a data 36 collection form designed by the Department Division of Public 37 Safety that must include information regarding the age, gender, 38 and race or ethnicity of the driver of the vehicle. This information 39 may be gathered and transmitted electronically under the 40 supervision of the department which shall develop and maintain a 41 database storing the information collected. The department must 42 promulgate rules and regulations with regard to the collection and 43 submission of the information gathered.

[3043] 49 1 (B) The Department Division of Public Safety shall develop 2 and maintain a database for the information submitted to the 3 department under subsection (A) and prepare a report to be posted 4 on the department’s website regarding motor vehicle stops using 5 the collected information.” 6 7 SECTION 86. 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 Division of Public Safety 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 Division of Public Safety, 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 Division of Public 19 Safety 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 Division of Public Safety to fund and carry out the 26 programs jointly. If there is coordination between the two 27 departments, the Department Division of Public Safety 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 Division of Public Safety may use 32 available 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 Division of Public Safety 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 Division of Public Safety the funds necessary to meet 39 the requirements of subsection (A), if federal or private sector 40 funds are unavailable.” 41

[3043] 50 1 SECTION 87. The final undesignated paragraph of Section 2 56710 of the 1976 Code, as last amended by Act 68 of 2005, is 3 further amended to read: 4 5 “No other ticket may be used for these offenses. The service of 6 the uniform traffic ticket shall vest all traffic, recorders’, and 7 magistrates’ courts with jurisdiction to hear and to dispose of the 8 charge for which the ticket was issued and served. This ticket will 9 be designed by the department and approved by the Attorney 10 General within thirty days of submission by the department. A law 11 enforcement agency may utilize computers and other electronic 12 devices to issue uniform traffic citations and store information 13 resulting from the issuance of a traffic citation if this method of 14 issuing a citation has been approved by the Department Division of 15 Public Safety.” 16 17 SECTION 88. Section 56712(A) of the 1976 Code is amended 18 to read: 19 20 “(A) When the operator or owner of an individual private 21 passenger automobile as defined in Section 387730(5.5) is issued a 22 traffic ticket for a moving violation by a law enforcement officer, 23 he may be furnished a written request form to be completed by him 24 and his insurance company or the agent issuing the policy to verify 25 liability insurance coverage. The form must be prescribed by the 26 Department of Motor Vehicles and the Department Division of 27 Public Safety.” 28 29 SECTION 89. Section 56730(A) of the 1976 Code, as last 30 amended by Act 68 of 2005, is further amended to read: 31 32 “(A) The Department Division of Public Safety shall have the 33 traffic tickets printed. Law enforcement agencies shall order 34 tickets from the Department Division of Public Safety and shall 35 record the identifying numbers of the tickets received by them. 36 The cost of the tickets must be paid by the law enforcement 37 agency. The Department of Motor Vehicles records and audit 38 copy must be forwarded to the Department of Motor Vehicles 39 within ten days of the disposition of the case by final trial court 40 action or by nolle prosequi. The head of each law enforcement 41 agency is responsible for the forwarding of the driver records and 42 audit copies to the Department of Motor Vehicles and for 43 conducting an annual inventory on December thirtyfirst of all

[3043] 51 1 tickets received but not disposed of by final trial court action or by 2 nolle prosequi, and for forwarding the results of the inventory on a 3 form prescribed by the Department of Motor Vehicles to the 4 Department of Motor Vehicles within ten days of the completion 5 of the inventory.” 6 7 SECTION 90. The first undesignated paragraph of Section 8 569350 of the 1976 Code is amended to read: 9 10 “Section 569350. The operator or owner of a motor vehicle 11 involved in an accident resulting in property damage of four 12 hundred dollars or more, or in bodily injury or death, must be 13 furnished a written request form at the time of the accident, or as 14 soon after the accident as possible, by the investigating officer for 15 completion and verification of liability insurance coverage, the 16 form to be in a manner prescribed by the Department of Motor 17 Vehicles and the Department Division of Public Safety.” 18 19 SECTION 91. Section 561045(A) of the 1976 Code is amended 20 to read: 21 22 “(A) The Department Division of Public Safety and the 23 Department of Motor Vehicles each may enter into agreements 24 with other municipal and county law enforcement agencies for the 25 collection of suspended or revoked drivers’ licenses, motor vehicle 26 registrations, and motor vehicle plates. The contracting 27 department must assess a fifty dollar fine for each item recovered 28 pursuant to this section in addition to any other fines assessed. 29 Upon collection, this fine must be returned on a quarterly basis to 30 the general fund of the municipality or county which initiated the 31 enforcement action.” 32 33 SECTION 92. Section 5610552 of the 1976 Code, as last 34 amended by Act 264 of 2012, is further amended to read: 35 36 “Section 5610552. (A) All funds collected as provided in 37 Section 3873470 must be directed to the Director of the 38 Department of Motor Vehicles for the establishment and 39 maintenance of a special fund, to be known as the ‘Uninsured 40 Enforcement Fund’, to be used by the Department of Motor 41 Vehicles and the Department Division of Public Safety for the 42 purpose of enforcement and administration of Article 3, Chapter 43 10, Title 56.

[3043] 52 1 (B) Fifty percent of the reinstatement fee as provided by 2 Section 5610510(1) must be transferred by the Department 3 Division of Public Safety and recorded to the Uninsured 4 Enforcement Fund to be used by the Department Division of 5 Public Safety as provided by subsection (A) of this section. The 6 remaining fifty percent of the reinstatement fee as provided by 7 Section 5610510 must be retained in the Uninsured Motorist Fund 8 to be used as provided in Sections 5610550, 3877151, and 9 3877154.” 10 11 SECTION 93. Section 561120 of the 1976 Code is amended to 12 read: 13 14 “Section 561120. The Department of Motor Vehicles and the 15 Department Division of Public Safety each shall enforce this 16 chapter with respect to the possession of correct registration and 17 display of the proper identification marker. Notwithstanding other 18 provisions of this chapter, the department may enter into an 19 agreement with other states in a registration and identification 20 marker reciprocal agreement known as the International Fuel Tax 21 Agreement (IFTA). Qualified vehicles operating in accordance 22 with this agreement are not required to purchase other fuel markers 23 in member states.” 24 25 SECTION 94. Section 561140 of the 1976 Code is amended to 26 read: 27 28 “Section 561140. The Department of Motor Vehicles, the 29 Department Division of Public Safety, and their agents and 30 representatives have the right at any reasonable time to examine 31 the books and records of any motor carrier.” 32 33 SECTION 95. Section 5619420(B)(2) of the 1976 Code is 34 amended to read: 35 36 “(2) the remainder must be allocated to the Department Division 37 of Public Safety and used to support highway patrol programs.” 38 39 SECTION 96. Section 563550 of the 1976 Code, as added by 40 Act 234 of 2008, is amended to read: 41 42 “Section 563550. (A) The State Transport Police Division of 43 the Department Division of Public Safety is primarily responsible

[3043] 53 1 for enforcing the provisions of this chapter. An officer or agent of 2 the State Transport Police that observes a vehicle operator 3 violating the provisions of this chapter is authorized to issue a 4 citation to the offender. The provisions of this chapter do not 5 apply to a commercial diesel vehicle idling on the premises of a 6 restricted access facility or in areas on the private property of a 7 business that are generally designed and intended for commercial 8 vehicle access, loading or unloading when the facility or business 9 is located at least five hundred feet away from any church, school, 10 playground, daycare facility, or hospital. 11 (B) The officer must inform the individual receiving the 12 citation that he has the option, at that time, to elect to pay his fine 13 directly to the Department Division of Public Safety or to receive a 14 hearing in magistrates court. If the individual at the time the 15 citation is issued elects to pay his fine directly to the Department 16 Division of Public Safety within twentyeight days, as specified on 17 the citation, no assessments may be added to the original fine 18 pursuant to this section. The fine may be deposited with the 19 arresting officer or a person the Department Division of Public 20 Safety may designate. Within fortyfive days of collection, fifty 21 dollars of the monies collected by the Department Division of 22 Public Safety must be forwarded to the Department of Health and 23 Environmental Control for deposit in the Diesel Idling Reduction 24 Fund, twentyfive dollars of the monies collected must be deposited 25 into an account to be used by the Department Division of Public 26 Safety’s State Transport Police Division in support of the Idling 27 Restrictions for Commercial Diesel Vehicles program which at the 28 end of a fiscal year does not lapse to the general fund, but is 29 instead carried forward to the succeeding fiscal year. 30 (C)(1) Magistrates have jurisdiction of all contested violations 31 of this chapter. Where a contested hearing is requested, any fine 32 imposed is subject to all assessments and surcharges applicable by 33 law. The fine, surcharges, and assessments shall be distributed as 34 set forth in the applicable law. 35 (2) If the fine is not paid in full to the Department Division 36 of Public Safety within fortyfive days after conviction, the driver’s 37 license of the vehicle operator found in violation of this chapter 38 must be suspended. The suspension continues until the fine is paid 39 in full. 40 (D) The State Transport Police shall use the citation form 41 referenced in Section 5614160(G) for idling violations. The 42 Department Division of Public Safety must electronically transmit 43 to the Department of Motor Vehicles all tickets issued pursuant to

[3043] 54 1 this section. The Department Division of Public Safety and the 2 Department of Motor Vehicles must work together to develop an 3 electronic exchange of information over the next two years.” 4 5 SECTION 97. Section 573180 of the 1976 Code is amended to 6 read: 7 8 “Section 573180. All persons to whom openend permits are 9 issued shall file with the Department of Transportation before the 10 twentyfirst day of each January, April, July, and October reports 11 showing the number of trips made during the preceding quarter 12 ending on December thirtyfirst, March thirtyfirst, June thirtieth, 13 and September thirtieth, respectively, the dates of the trips, and 14 other information the department may require. The fee of ten 15 dollars a trip, required to be paid pursuant to Section 563710, must 16 be paid to the Department of Transportation with each report filed. 17 However, the fee for additional trips of less than twelve miles 18 distance made under the openend permits is one dollar a trip. 19 Persons to whom openend permits are issued shall maintain full 20 and complete records of all oversize mobile homes, modular home 21 units, or utility buildings moved, the records to be open to audit 22 and inspection by the Department of Transportation and the 23 Department of Public Safety SLED.” 24 25 SECTION 98. Section 582350 of the 1976 Code, as last 26 amended by Act 425 of 1996, is further amended to read: 27 28 “Section 582350. (A) Articles 1 to 11 of this chapter do not 29 apply to: 30 (1) motor vehicles used exclusively for transporting persons 31 to and from schools, Sunday Schools, churches, or religious 32 services, or to or from picnics or upon special prearranged 33 excursions; 34 (2) the United States mail carriers operating star routes, 35 while engaged solely in carrying mail; 36 (3) farmers or dairymen hauling dairy or farm products; 37 (4) persons transporting agricultural livestock and poultry 38 feeds, including ingredients; 39 (5) other persons engaged in hauling perishable products of 40 the farm or dairy products for hire from the farm to the first market 41 when sold in South Carolina; 42 (6) lumber haulers engaged in transporting lumber from the 43 forest to shipping points in this State;

[3043] 55 1 (7) haulers engaged in transporting logs, chips, or wood 2 residues which are subject to the South Carolina Unmanufactured 3 Forest Products Trucking Regulations which are promulgated and 4 adopted by the Department Division of Public Safety Transport 5 Police Division; 6 (8) a vehicle engaged in hauling, towing, or transporting 7 wrecked or damaged vehicles; 8 (9) vehicles used in ridesharing; 9 (10) singlesource lessors of vehicles and drivers who lease the 10 motor vehicles and drivers to uncertificated motor vehicle carriers 11 that conduct transportation of property (other than used household 12 goods) in furtherance of and within the scope of their 13 nontransportation primary enterprises, when the period of the lease 14 is for thirty days or more, the lessee maintains insurance coverage 15 for the protection of the public, a copy of the lease is carried in the 16 motor vehicle during the period of the lease, and there is displayed 17 on both sides of the motor vehicle a placard identifying the lessee. 18 (B) For the purposes of this section, perishable products of the 19 farm include hay and straw.” 20 21 SECTION 99. Section 58231120 of the 1976 Code, as last 22 amended by Act 318 of 2006, is further amended to read: 23 24 “Section 58231120. Each forhire motor carrier of household 25 goods or hazardous waste for disposal must comply with orders 26 and regulations prescribed by the Public Service Commission. The 27 Office of Regulatory Staff may employ the necessary law 28 enforcement personnel to enforce the provisions which apply to 29 holders of certificates A, B, C, and certificates E and F of Public 30 Convenience and Necessity. 31 The Department Division of Public Safety may promulgate 32 regulations to ensure the safe operation of motor carriers. The 33 Transport Police Division of the Department Division of Public 34 Safety has exclusive authority in this State for enforcement of the 35 commercial motor vehicle carrier laws, which include Federal 36 Motor Carrier Safety Regulations, Hazardous Material 37 Regulations, and size and weight laws and regulations.” 38 39 SECTION 100. Section 596720 of the 1976 Code is amended to 40 read: 41 42 “Section 596720. The State Board of Education, by and with 43 the advice of the Department Division of Public Safety, shall adopt

[3043] 56 1 and enforce regulations not inconsistent with Chapter 5 of, Title 56 2 to govern the design and operation of all school buses used for the 3 transportation of school children when owned and operated by any 4 school district or privately owned and operated under contract with 5 any school district in this State and such regulations shall by 6 reference be made a part of any such contract with a school 7 district. Every school district, its officers and employees, and 8 every person employed under contract by a school district shall be 9 subject to such regulations. Any officer or employee of any school 10 district who violates any of such regulations or fails to include the 11 obligation to comply with such regulations in any contract 12 executed by him on behalf of a school district shall be guilty of 13 misconduct and subject to removal from office or employment. 14 Any person operating a school bus under contract with a school 15 district who fails to comply with any such regulations shall be 16 guilty of breach of contract and such contract shall be canceled 17 after notice and hearing by the responsible officers of such school 18 district.” 19 20 SECTION 101. Section 5967260 of the 1976 Code is amended to 21 read: 22 23 “Section 5967260. The Department Division of Public Safety 24 shall have the operation of school buses spot checked periodically 25 and report all infractions of the laws or misconduct of any kind on 26 the part of the drivers to the chairman of the board of trustees of 27 the school that may be affected thereby.” 28 29 SECTION 102. Section 5967570 of the 1976 Code is amended to 30 read: 31 32 “Section 5967570. The State Board of Education may adopt 33 such rules and regulations as may be necessary to carry out the 34 intent and purposes of this article. Such rules and regulations shall 35 have the full force and effect of law. But rules and regulations that 36 affect the functions of the Department Division of Public Safety 37 under this article or the operation of buses on the highways shall 38 be adopted only jointly with the Department Division of Public 39 Safety.” 40 41 SECTION 103. Section 6162900 of the 1976 Code is amended to 42 read: 43

[3043] 57 1 Section 6162900. Alcoholic liquors must be shipped or moved 2 from a point outside this State to a point inside the State only by 3 railroad companies, steamship companies, express companies, or 4 truck companies authorized to do business in the State as common 5 carriers by the Department Division of Public Safety, by 6 wholesalers licensed by the department, or by registered producers 7 in their own trucks. Alcoholic liquors must be shipped or moved 8 only to the warehouse of the food manufacturer licensed pursuant 9 to Section 616710, or the registered producer in care of the 10 producer representative who is registered to handle the property of 11 the registered producer originating the shipment. The shipment of 12 alcoholic liquors must be either stored in the warehouse of the 13 food manufacturer licensed pursuant to Section 611710 or in a 14 licensed warehouse of the registered producer or, after delivery to 15 the producer representative is complete, may then be shipped to a 16 licensed wholesaler by common carriers described in this section, 17 by wholesalers licensed by the department or by registered 18 producers in their own trucks. Shipments of alcoholic liquors from 19 a licensed producer’s warehouse to a licensed South Carolina 20 wholesaler may be made in a vehicle owned or operated by the 21 wholesaler. If alcoholic liquors are stored in the warehouse of a 22 registered producer, or after delivery to the producer representative 23 is complete, they may be shipped to a licensed wholesaler or to a 24 point outside this State. Before any shipment or transfer, the food 25 manufacturer or producer representative, as appropriate, must 26 apply to the department, on forms prescribed by the department, 27 for permission to ship or transfer the alcoholic liquors, and the 28 food manufacturer or producer representative must have received a 29 certificate of approval of the shipment or transfer.” 30 31 SECTION 104. Section 6164250 of the 1976 Code is amended to 32 read: 33 34 “Section 6164250. The clerk of court of each county in the 35 State must, at the conclusion of each term of the court of general 36 sessions in the county, forward to the department a certificate on 37 forms prescribed and furnished by the department showing the 38 name of each person who is convicted, pleads guilty, enters a plea 39 of nolo contendere, or forfeits bond for the violation of any 40 provision of this article except Section 6164720. The department 41 must maintain a file of these violations. A copy of the 42 department’s records pertaining to the convictions, certified as 43 correct by the director or his designee, is admissible in all courts as

[3043] 58 1 prima facie evidence of the facts recited in the records. The 2 department must, upon receipt of a record of conviction, plea of 3 guilty, plea of nolo contendere, or forfeiture of bond for the 4 violation of the provisions of this article prohibiting the 5 transportation of alcoholic liquors, forward to the Department 6 Division of Public Safety a certified copy of the record.” 7 8 SECTION 105. Section 6164290 of the 1976 Code is amended to 9 read: 10 11 “Section 6164290. The Department Division of Public Safety, 12 upon notice that a person has been convicted, pleaded guilty, 13 forfeited bond, or entered a plea of nolo contendere for the 14 violation of any provision of this article prohibiting the 15 transportation of alcoholic liquors, must suspend the driver’s 16 license of the person for a period of six months for a first offense, 17 for a period of one year for a second offense, and for a period of 18 two years for a third and subsequent offense. During the period of 19 the suspension under this section, no vehicle may be registered in 20 the person’s name under the laws of this State.” 21 22 SECTION 106. Section 63191860(B) of the 1976 Code is 23 amended to read: 24 25 “(B) An aftercare counselor or probation or parole agent who 26 has successfully completed Class I or II law enforcement officer 27 training and received a certificate from the Department Division of 28 Public Safety pursuant to the provisions of Article 9, Chapter 6 of, 29 Title 23 has the power, when commissioned by the department, to 30 take a juvenile conditionally released from the custody of the 31 department and subject to the jurisdiction of the releasing entity 32 into custody upon the issuance of a warrant for violating the 33 conditions of his release.” 34 35 SECTION 107. Section 63191880(D) of the 1976 Code is 36 amended to read: 37 38 “(D) A probation counselor who has successfully completed 39 Class I or II law enforcement officer training and received a 40 certificate from the Department Division of Public Safety pursuant 41 to the provisions of Article 9, Chapter 6 of, Title 23 has the 42 authority, when commissioned by the department, in the execution 43 of his duties, to take a child under the jurisdiction of the family

[3043] 59 1 court into custody pursuant to an order issued by the court 2 directing that the child be taken into custody.” 3 4 SECTION 108. Section 23310 of the 1976 Code is amended to 5 read: 6 7 “Section 23310. There is created within the Department of Law 8 Enforcement and Public Safety the South Carolina State Law 9 Enforcement Division (SLED). The division must be headed by a 10 chief appointed by the Governor with the advice and consent of the 11 Senate and shall hold office until his successor is appointed and 12 qualified. The term of the chief is six years. On the effective date 13 of the provisions of this section providing for a sixyear term for the 14 chief, a successor to the chief serving on this date must be 15 appointed as provided herein. Nothing herein prevents the chief 16 serving on this date from being reappointed to additional sixyear 17 terms. The chief may only be removed pursuant to the provisions 18 of Section 13240 of the 1976 Code Director of the Department of 19 Law Enforcement and Public Safety. The agents and officers of 20 the division must be commissioned by the Governor upon the 21 recommendation of the chief director. The agents and officers 22 shall have that rank or title as may be provided under the State 23 Employees Classification System. The chief may appoint other 24 personnel considered necessary and as provided for in the annual 25 appropriations act. All agents and officers commissioned by the 26 Governor are subject to discharge for cause which must be subject 27 to review as is now provided by law for other state employees.” 28 29 SECTION 109. Section 233680 of the 1976 Code is amended to 30 read: 31 32 “Section 233680. SLED The Department of Law Enforcement 33 and Public Safety shall promulgate regulations to carry out the 34 provisions of this article.” 35 36 SECTION 110. Section 233690 of the 1976 Code is amended to 37 read: 38 39 “Section 233690. SLED The Department of Law Enforcement 40 and Public Safety shall promulgate regulations for sample testing 41 and analysis and for sample collection, identification, handling, 42 transporting, and shipment which must be complied with by the 43 agency having jurisdiction over the offender.”

[3043] 60 1 2 SECTION 111. The repeal or amendment by this act of any law, 3 whether temporary or permanent or civil or criminal, does not 4 affect pending actions, rights, duties, or liabilities founded thereon, 5 or alter, discharge, release or extinguish any penalty, forfeiture, or 6 liability incurred under the repealed or amended law, unless the 7 repealed or amended provision shall so expressly provide. After 8 the effective date of this act, all laws repealed or amended by this 9 act must be taken and treated as remaining in full force and effect 10 for the purpose of sustaining any pending or vested right, civil 11 action, special proceeding, criminal prosecution, or appeal existing 12 as of the effective date of this act, and for the enforcement of 13 rights, duties, penalties, forfeitures, and liabilities as they stood 14 under the repealed or amended laws. 15 16 SECTION 112. If any section, subsection, paragraph, 17 subparagraph, sentence, clause, phrase, or word of this act is for 18 any reason held to be unconstitutional or invalid, such holding 19 shall not affect the constitutionality or validity of the remaining 20 portions of this act, the General Assembly hereby declaring that it 21 would have passed this act, and each and every section, subsection, 22 paragraph, subparagraph, sentence, clause, phrase, and word 23 thereof, irrespective of the fact that any one or more other sections, 24 subsections, paragraphs, subparagraphs, sentences, clauses, 25 phrases, or words hereof may be declared to be unconstitutional, 26 invalid, or otherwise ineffective. 27 28 SECTION 113. This act takes effect upon approval by the 29 Governor. 30 XX 31

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