A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING CHAPTER 2 TO TITLE 23 SO AS TO CREATE THE "SOUTH CAROLINA DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; BY AMENDING SECTION 1-3-240, RELATING TO THE REMOVAL OF CERTAIN STATE OFFICERS BY THE GOVERNOR, SO AS TO DELETE THE TERM "DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; BY AMENDING SECTION 1-7-920, RELATING TO THE MEMBERS OF THE COMMISSION ON PROSECUTION COORDINATION, SO AS TO DELETE THE TERM "DIRECTOR OF THE DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DIRECTOR OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; BY AMENDING SECTION 1-30-10, RELATING TO THE DEPARTMENTS OF STATE GOVERNMENT, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; BY AMENDING SECTION 1-30-90, RELATING TO THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO SUBSTITUTE THE TERM "DIVISION OF PUBLIC SAFETY" FOR THE TERM "DEPARTMENT OF PUBLIC SAFETY"; BY AMENDING SECTION 2-13-240, RELATING TO THE DISTRIBUTION OF THE SOUTH CAROLINA CODE OF LAWS TO VARIOUS ENTITIES, SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY"; BY AMENDING SECTIONS 5-3-90, 5-7-110, 9-11-180, 10-11-80, 11-35-710, 12-28-1910, 12-28-2325, 13-7-70, 13-7-160, 14-1-206, 14-1-207, 14-1-208, 14-1-212, 17-22-350, 23-1-230, AND 23-1-240, RELATING TO THE SCOPE OF THE PROVISIONS THAT PROVIDE FOR THE STRUCTURE, ORGANIZATION, POWERS, AND DUTIES OF MUNICIPAL GOVERNMENTS, THE DEPARTMENT OF PUBLIC SAFETY'S CONTRIBUTIONS INTO THE STATE RETIREMENT SYSTEM ON BEHALF OF ACTIVE HIGHWAY PATROL MEMBER EMPLOYEES, PARKING ON CERTAIN STATE PARKING LOTS, STATE PROCUREMENT CODE EXEMPTIONS, THE INSPECTION OF FUEL AND SHIPPING PAPERS, LAW ENFORCEMENT ASSISTANCE PROVIDED TO THE DEPARTMENT OF REVENUE BY THE DEPARTMENT OF PUBLIC SAFETY, PAYING TAXES AND THE DELEGATION OF COLLECTION OF TAXES, RULES AND REGULATIONS REGARDING THE TRANSPORTATION OF MATERIALS, REGULATIONS RELATING TO THE TRANSPORTATION OF NUCLEAR MATERIALS, COURT ASSESSMENTS AND SURCHARGES, TRAFFIC EDUCATION PROGRAM FEES, THE USE OF BODY-WORN CAMERAS, AND THE FIRST RESPONDERS ADVISORY COMMITTEE, ALL SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY," OR "DIVISION OF PUBLIC SAFETY"; BY AMENDING CHAPTER 6, TITLE 23, RELATING TO THE ESTABLISHMENT OF THE DEPARTMENT OF PUBLIC SAFETY, SO AS TO REESTABLISH IT AS A DIVISION OF THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY; BY AMENDING SECTIONS 23-23-30, 23-25-20, 36-9-410, 38-55-530, 38-55-570, 38-77-1120, 39-9-230, 43-5-1250, 44-4-130, 54-17-60, 56-1-190, 56-1-286, 56-1-460, 56-1-1320, 56-1-1760, 56-1-2220, 56-1-2230, 56-3-662, 56-3-663, 56-3-840, 56-3-8710, 56-5-330, 56-5-380, 56-5-765, 56-5-1270, 56-5-1300, 56-5-1320, 56-5-1330, 56-5-1340, 56-5-1350, 56-5-1520, 56-5-1535, 56-5-2930, 56-5-2933, 56-5-2945, 56-5-2951, 56-5-2953, 56-5-3660, 56-5-3670, 56-5-3680, 56-5-3690, 56-5-3890, 56-5-3900, 56-5-4010, 56-5-4030, 56-5-4035, 56-5-4070, 56-5-4075, 56-5-4140, 56-5-4160, 56-5-4170, 56-5-4240, 56-5-4630, 56-5-4840, 56-5-4880, 56-5-4970, 56-5-5015, 56-5-5080, 56-5-5120, 56-5-5140, 56-5-5810, 56-5-5870, 56-5-5880, 56-5-6170, 56-5-6525, 56-5-6560, 56-5-6565, 56-7-10, 56-7-12, 56-7-30, 56-9-350, 56-10-45, 56-10-552, 56-11-20, 56-11-40, 56-19-420, 56-35-50, 57-3-180, 58-23-50, 58-23-1120, 59-67-20, 59-67-260, 59-67-570, 61-6-2900, 61-6-4250, AND 61-6-4290, RELATING TO THE SOUTH CAROLINA LAW ENFORCEMENT TRAINING COUNCIL, THE SOUTH CAROLINA LAW ENFORCEMENT OFFICERS HALL OF FAME COMMITTEE, RESERVE DETENTION OFFICERS, THE UNLAWFUL SALE OR DISPOSAL OF PERSONAL PROPERTY SUBJECT TO A SECURITY INTEREST, INSURANCE FRAUD AND REPORTING IMMUNITY, MOTOR VEHICLE THEFT AND THE MOTOR VEHICLE INSURANCE FRAUD-REPORTING IMMUNITY ACT, THE IMPLEMENTATION OF THE METRIC SYSTEM, THE STATEWIDE NETWORK OF MASS TRANSIT SYSTEMS, THE EMERGENCY HEALTH POWERS ACT, ACTIVITIES OF THE MARITIME SECURITY COMMISSION AND THE NAVAL MILITIA, MOTOR VEHICLE DRIVERS' LICENSES, CARRYING AND DISPLAY OF A DRIVER'S LICENSE, THE COMMERCIAL DRIVER'S LICENSE DRUG TESTING ACT, THE REGISTRATION AND LICENSING OF MOTOR VEHICLES, NASCAR SPECIAL LICENSE PLATES, THE DEFINITION OF CERTAIN TERMS, THE INVESTIGATION OF TRAFFIC ACCIDENTS, CORONER REPORTS, ACCIDENT REPORTS, DRIVING UNDER THE INFLUENCE OF ALCOHOL OR DRUGS, THE OPERATION OF MOTORCYCLES ALONG THE STATE'S HIGHWAYS, UNLAWFUL USE OF WIRELESS DEVICES WHILE OPERATING MOTOR VEHICLES, COMMERCIAL MOTOR VEHICLES AND THEIR DRIVERS, MOTOR VEHICLE INSPECTIONS, SAFETY BELT EDUCATION PROGRAMS, THE REGULATION OF TRAFFIC TRAVELING ALONG THE STATE'S HIGHWAYS, THE PRINTING, ORDERING AND ISSUANCE OF TRAFFIC TICKETS, VERIFICATION OF MOTOR VEHICLE INSURANCE, THE CONFISCATION OF REGISTRATION CERTIFICATES AND LICENSE PLATES, THE UNINSURED ENFORCEMENT FUND, THE ROAD TAX ON MOTOR CARRIERS, MOTOR VEHICLE CERTIFICATES OF TITLE, DIESEL IDLING RESTRICTIONS, CERTAIN PERMITS ISSUED BY THE DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE CARRIERS, THE TRANSPORTATION OF SCHOOL CHILDREN, AND THE TRANSPORTATION OF ALCOHOLIC BEVERAGES, ALL SO AS TO DELETE THE TERM "DEPARTMENT OF PUBLIC SAFETY" AND REPLACE IT WITH THE TERM "DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY," OR "DIVISION OF PUBLIC SAFETY"; AND BY AMENDING SECTIONS 23-3-10, 23-3-680, AND 23-3-690, ALL RELATING TO THE CREATION OF THE STATE LAW ENFORCEMENT DIVISION, SO AS TO PROVIDE THAT ITS DUTIES AND FUNCTIONS ARE TRANSFERRED TO THE DEPARTMENT OF LAW ENFORCEMENT AND PUBLIC SAFETY.
H3126 creates a new cabinet-level South Carolina Department of Law Enforcement and Public Safety and places the existing Department of Public Safety and the State Law Enforcement Division within it. The bill reorganizes state public safety functions by transferring powers, duties, personnel, assets, liabilities, records, and related funding to the new department, while preserving existing rules and regulations unless changed under the Administrative Procedures Act. It also establishes governance provisions for the new department, including a director appointed by the Governor with Senate consent, deputy directors for divisions, audit requirements, and a structure that includes a Division of Public Safety and SLED.
The bill is largely a conforming and restructuring measure. It amends a broad range of statutes across the code to replace references to the Department of Public Safety with the new department or the Division of Public Safety, and it updates provisions involving highway patrol, transport police, traffic enforcement, commercial motor carrier regulation, accident reporting, DUI-related administration, body-worn cameras, school bus oversight, motor vehicle insurance enforcement, and other public safety-related programs. It also shifts SLED’s duties and functions into the new department and preserves the authority of existing programs, funds, and enforcement mechanisms.
Its practical impact would be to reorganize state law enforcement administration without substantially changing most underlying enforcement rules. Agencies, courts, local governments, and regulated parties would continue operating under the same substantive requirements, but many statutory references, reporting lines, and funding provisions would be redirected to the newly created department. The bill also affects several dedicated revenue streams and special funds tied to highway patrol, transport police, body cameras, weigh stations, and related enforcement activities.
The general sentiment reflected by the bill text is one of administrative consolidation and expansion of public safety coordination rather than policy reversal. Because there are no committee transcripts or recorded votes provided, there is no direct evidence of support or opposition in the available context. The bill’s broad scope suggests an effort to streamline law enforcement oversight and align multiple public safety functions under a single organizational umbrella.
The main point of contention likely would be the scale of the reorganization and the transfer of SLED and DPS functions into a new department, including questions about administrative control, funding, and implementation. Another possible area of concern is the bill’s many conforming amendments, which touch numerous statutes and could create transition issues if references are not updated consistently. The bill also includes a delayed effective date for the illegal immigration enforcement unit provisions, indicating that at least part of the measure depends on future funding and federal 287(g) authority.