South Carolina General Assembly
108th Session, 1989-1990

Bill 493

                    Current Status

Bill Number:               493
Ratification Number:       226
Act Number                 147
Introducing Body:          Senate
Subject:                   Relating to definitions used in the South
                           Carolina Private Personnel Placement
                           Services Act
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A147, R226, S493)

AN ACT TO AMEND SECTION 41-25-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE SOUTH CAROLINA PRIVATE PERSONNEL PLACEMENT SERVICES ACT, SO AS TO EXPAND THE DEFINITIONS OF "PRIVATE PERSONNEL PLACEMENT SERVICE" AND "PLACEMENT FEE" TO INCLUDE THE DESCRIPTION OF ACTIVITIES WHICH WOULD BE SUBJECT TO THE PROVISIONS OF CHAPTER 25 OF TITLE 41 (PRIVATE PERSONNEL PLACEMENT SERVICES ACT); AND TO AMEND SECTION 41-25-30, RELATING TO LICENSING REQUIREMENTS FOR A PRIVATE PERSONNEL PLACEMENT SERVICE BUSINESS, SO AS TO ADD A REQUIREMENT THAT NO LICENSE MAY BE ISSUED TO AN APPLICANT, OR AN OWNER, OR MANAGER OF A BUSINESS IF A PREVIOUS APPLICATION HAS BEEN DENIED OR REVOKED ANYWHERE WITHIN THE UNITED STATES, ITS POSSESSIONS, OR TERRITORIES.

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

Definitions

SECTION 1. Items (b) and (d) of Section 41-25-20 of the 1976 Code are amended to read:

"(b) 'Private Personnel Placement Service' includes any person who charges fees, whether direct or indirect, all or any part of which may be in consideration of the person providing information on employment opportunities, procuring or attempting to procure employment for applicants seeking employment, and for procuring or attempting to procure employees for employers seeking applicants, regardless of what the services are called, which must include, but not be restricted to, job listing services, employment information centers, executive search firms, outplacement services, career counseling services, consultants, or resume services that perform job market sourcing for applicants, corporate or private business services, and other professional consultants and all who market or advertise personnel services on a 'third party' basis, unless covered under other provisions of law."

"(d) 'Placement fee' means any thing of value, paid, or directed to be paid, including retainer fees for providing information on employment opportunities, for the service of procuring or attempting to procure employment for persons seeking employment, or for procuring or attempting to procure employees for employers seeking applicants, or charges by persons performing services as defined in item (b) of this section."

Issuance of license

SECTION 2. Section 41-25-30(k) of the 1976 Code is amended to read:

"(k) No license may be issued if the applicant has had a previous application which was denied or a license which has been revoked anywhere within the United States, its possessions, or territories. No person shall own, either wholly or in part, nor manage a private personnel placement service who has previously been denied or had revoked his license to operate a private personnel placement service anywhere within the United States, its possessions, or territories. The Secretary, depending upon the seriousness of the offense causing the denial or revocation of the license, may, after a suitable period of three months to one year, allow the person, upon full compliance, to reapply for a license."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.