Current Status Bill Number:
1247Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19960313Primary Sponsor: JacksonAll Sponsors: Jackson and RybergDrafted Document Number: res9957.djCompanion Bill Number: 4762Residing Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Highway patrol and state police, vehicles of
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ Senate 19960313 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTIONS 23-6-100 AND 23-6-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT FOR DISTINCTIVE UNIFORMS AND VEHICLES FOR THE HIGHWAY PATROL AND THE STATE POLICE, SO AS TO PROVIDE THAT ALL MOTOR VEHICLES OF THE HIGHWAY PATROL USED FOR THE PATROL OF THE HIGHWAYS OF THE STATE AND THE ENFORCEMENT OF THE LAWS OF THE STATE RELATIVE TO HIGHWAY TRAFFIC, TRAFFIC SAFETY, AND MOTOR VEHICLES, AND ALL MOTOR VEHICLES OF THE STATE POLICE USED FOR THE ENFORCEMENT OF LAWS RELATING TO COMMERCIAL MOTOR CARRIERS RELATING TO SIZE, WEIGHT, PERMITS, LICENSING, AND INSPECTIONS FOR SIZE AND WEIGHT TOLERANCE AND SAFETY, SHALL BE CONSPICUOUSLY MARKED AS VEHICLES OF THE HIGHWAY PATROL OR THE STATE POLICE BY THE PLACEMENT OF BLUE OR OTHER APPROPRIATELY COLORED LIGHTS ATOP THE VEHICLE AND SUCH OTHER MARKINGS AS DEEMED APPROPRIATE BY THE PATROL TO CLEARLY IDENTIFY THE VEHICLE AS A VEHICLE OF THE HIGHWAY PATROL OR THE STATE POLICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Sections 23-6-100 and 23-6-110 of the 1976 Code are amended to read:
"Section 23-6-100. (A) There is created a South Carolina Highway Patrol Division and a South Carolina State Police Division within the Department of Public Safety. The South Carolina Highway Patrol Division shall have such troopers, officers, agents and employees as the department may deem necessary and proper for the enforcement of the traffic and other related laws, and the South Carolina State Police Division shall have such troopers, officers, agents and employees as the department may deem necessary and proper for the enforcement of the commercial motor carrier related laws, the enforcement of which is devolved upon the department. Such officers and troopers shall be commissioned by the Governor upon the recommendation of the Director of the Department of Public Safety. Such commissions may be terminated at the pleasure of the director.
(B) The department must provide the officers of the Highway Patrol and of the State Police with distinctive uniforms and suitable arms and equipment for use in the performance of their duties. Such officers and troopers shall at all times, when in the performance of their duties, wear complete uniforms with badges conspicuously displayed on the outside of their uniforms.
(C) The commanding officers of the South Carolina Highway Patrol and the South Carolina State Police respectively, with the approval of the director of the department, shall prescribe a unique and distinctive official uniform, with appropriate insignia to be worn by all officers when on duty and at such other times as the director shall order, and a distinctive color or colors and appropriate emblems for all motor vehicles used by the Highway Patrol and the State Police except those designated by the director. However, all motor vehicles used for the purposes provided in Section 23-6-140 shall be conspicuously marked as vehicles of the Highway Patrol or the State Police by the placement of blue or other appropriately colored lights atop the vehicle and such other markings as deemed appropriate by the director to clearly identify the vehicle as a vehicle of the Highway Patrol or the State Police. No other law enforcement agency, private security agency, or any person shall wear a similar uniform and insignia which may be confused with the uniform and insignia of the Highway Patrol or State Police. An emblem must not be used on a nondepartment motor vehicle, nor may such vehicle be painted in a color or in any manner which would cause the vehicle to be similar to a Highway Patrol or State Police vehicle or readily confused with it.
(D) The director shall file with the Legislative Council for publication in the State Register a description and illustration of the official highway patrol uniform with insignia and the emblems of the official highway patrol and motor vehicles including a description of the color of such uniforms and vehicles and a description and illustration of the official state police uniform with insignia and the emblems of the official state police and motor vehicles including a description of the color of such uniforms and vehicles.
Section 23-6-110. In order to carry out the provisions of Section 23-6-100 in an orderly and economical manner it is intended that all serviceable uniforms be continued in use until such time as the director considers it necessary for them to be replaced. These provisions shall also apply to the emblems for motor vehicles, provided that all vehicles used for the purposes provided for in Section 23-6-140 shall be conspicuously marked as vehicles of the Highway Patrol or State Police by the placement of blue or other appropriately colored lights atop the vehicle and such other markings as deemed appropriate by the director to clearly identify the vehicle as a vehicle of the Highway Patrol or State Police. Any vehicle which does not conform with this section or with Section 23-6-100 shall be assigned in a manner approved by the director but may not be used as provided in Section 23-6-140. Nothing in this section prohibits a nonconforming vehicle from being used for purposes other than the purposes provided in Section 23-6-140 and in instances where the use of such a vehicle is necessary to protect the public."
SECTION 2. This act takes effect upon approval by the Governor but the Director may establish a phase-in schedule of not more than two years to ensure proper vehicle rotation and an adequate allocation of troopers on the highways.