H 4217 General Bill, By Kirsh
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 40-13-255 so as to provide a monetary penalty for persons licensed by the
 State Board of Cosmetology for violations of sanitation regulations; to amend
 Section 40-13-30, relating to the Board, so as to increase the membership; and
 to reauthorize the existence of the Board for six years.

   01/21/92  House  Introduced and read first time HJ-5
   01/21/92  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-5
   03/04/92  House  Committee report: Majority favorable with amend.,
                     minority unfavorable Medical, Military, Public
                     and Municipal Affairs HJ-4
   03/25/92  House  Recommitted to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-40
   05/12/92  House  Tabled in committee

COMMITTEE REPORT

March 4, 1992

H. 4217

S. Printed 3/4/92--H.

Read the first time January 21, 1992.

To whom was referred a Bill (H. 4217), to amend the Code of Laws of South Carolina, 1976, by adding Section 40-13-255 so as to provide a monetary penalty for persons licensed by the State Board of Cosmetology for violations of sanitation regulations, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking Section 40-13-255, SECTION 1, page 1, beginning on line 25, and inserting:

/Section 40-13-255. The holder of a license issued by the board found to be in violation of this chapter, related regulations, or an order of the board is subject to a fine in lieu of suspension or revocation of the license. The penalty may not exceed five hundred dollars./

Amend title to conform.

Majority favorable. Minority unfavorable.

DAVE C. WALDROP, JR. JOE E. BROWN

For Majority. JOHN L. SCOTT, JR.

For Minority.

1. Estimated Cost to State-First Year $4,100

2. Estimated Cost to State-Annually

Thereafter $4,100

If enacted, H. 4217, would amend the Code of Laws of South Carolina, 1976, Board of Cosmetology, by adding Section 40-13-255 whereas a license holder in violation of the sanitation regulations, be fined, not to exceed $500, in lieu of suspension or revocation of the license.

Section 40-13-30 would add one additional board member to the six existing members. The estimated costs for per diem and travel is $4,100.

All operational expenses incurred would be offset from revenues generated by the Board of Cosmetology and in compliance with the revenue proviso requirements in the appropriations act.

The legislation also reauthorizes the existence of the Board of Cosmetology for six years.

Prepared By: Approved By:

Frances H. Barr George N. Dorn, Jr.

State Budget Analyst State Budget Division

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-255 SO AS TO PROVIDE A MONETARY PENALTY FOR PERSONS LICENSED BY THE STATE BOARD OF COSMETOLOGY FOR VIOLATIONS OF SANITATION REGULATIONS; TO AMEND SECTION 40-13-30, RELATING TO THE BOARD, SO AS TO INCREASE THE MEMBERSHIP; AND TO REAUTHORIZE THE EXISTENCE OF THE BOARD FOR SIX YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 40-13-255. The holder of a license issued by the board found to be in violation of properly promulgated sanitation regulations and failing, omitting, or neglecting to obey, observe, or comply with an order of the board to correct cited deficiencies is subject to a fine in lieu of suspension or revocation of the license. The penalty may not exceed five hundred dollars."

SECTION 2. Section 40-13-30 of the 1976 Code is amended to read:

"Section 40-13-30. There is created The State Board of Cosmetology (board) is created composed of six seven members appointed by the Governor for terms of four years and until their successors are appointed and qualify. Vacancies are filled in the manner of original appointment for the unexpired terms. Recommendations for appointment may be made by the board and other interested groups or persons. The recommendations must be submitted to the Governor not later than the thirty-first day of December of the year prior to preceding the year in which appointments are made. Four members of the board must be experienced cosmetologists and must have been in the practice of cosmetology in this State for at least five years prior to before appointment. One member Two members must not be connected with the practice of cosmetology. One member must be either an esthetician or a manicurist.

No appointed member of the board shall be allowed to may serve more than two consecutive terms on the board. Members of the present board may be are eligible for reappointment for one more term, provided if they have not served two consecutive terms.

It shall be is unlawful for any a member of the board appointed or reappointed after July 1, 1981, or any an inspector or employee of the board, or spouse, to own any an interest in a cosmetology school or substantial interest in any a company which deals in wholesale sales or services to beauty salons.

The member of the board who is not connected with the practice of cosmetology shall have has all rights and privileges of other members of the board except that he shall may not participate in the examination of any an applicant for a license."

SECTION 3. In accordance with Section 1-20-60 of the 1976 Code the existence of the State Board of Cosmetology is reauthorized for six years.

SECTION 4. This act takes effect upon approval by the Governor.