Current Status Introducing Body:House Bill Number:3411 Ratification Number:223 Act Number:152 Primary Sponsor:Gregory Type of Legislation:GB Subject:Polygraph Examiners Companion Bill Number:580 Date Bill Passed both Bodies:May 31, 1991 Computer Document Number:3411 Governor's Action:S Date of Governor's Action:Jun 12, 1991 Introduced Date:Jan 31, 1991 Date of Last Amendment:Mar 05, 1991 Last History Body:------ Last History Date:Jun 12, 1991 Last History Type:Act No. 152 Scope of Legislation:Statewide All Sponsors:Gregory Kirsh Short Nettles Wilkins J. Brown Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3411 ------ Jun 12, 1991 Act No. 152
3411 ------ Jun 12, 1991 Signed by Governor
3411 ------ Jun 06, 1991 Ratified R 223
3411 Senate May 31, 1991 Read third time, enrolled for
ratification
3411 Senate May 30, 1991 Read second time, unanimous
consent for third reading on
Friday, May 31
3411 Senate May 30, 1991 Recalled from Committee 11
3411 Senate Mar 07, 1991 Introduced, read first time, 11
referred to Committee
3411 House Mar 06, 1991 Read third time, sent to
Senate
3411 House Mar 05, 1991 Amended, read second time
3411 House Feb 28, 1991 Committee Report: Favorable 26
with amendment
3411 House Jan 31, 1991 Introduced, read first time, 26
referred to Committee
View additional legislative information at the LPITS web site.
(A152, R223, H3411)
AN ACT TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A SURETY BOND, INSURANCE POLICY, OR OTHER SURETY ACCEPTABLE TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO RECEIVE AND RETAIN LICENSURE AND REQUIRE CHANGES IN COVERAGE TO BE REPORTED TO THE DIVISION WITHIN THIRTY DAYS; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND, POLICY, OR OTHER SURETY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.
Be it enacted by the General Assembly of the State of South Carolina:
Requirement for a surety bond, insurance policy, or other surety to receive and retain licensure; reporting of changes in coverage
SECTION 1. Section 40-53-70 of the 1976 Code is amended to read:
"Section 40-53-70. A person is qualified to receive a license as an examiner if he:
(1) is at least twenty-one years of age;
(2) is a citizen of the United States;
(3) establishes that he is a person of honesty, truthfulness, integrity, and moral fitness;
(4) has not been convicted of a felony or a misdemeanor involving moral turpitude;
(5) holds a baccalaureate degree from a college or university accredited by the American Association of Collegiate Registrars and Admissions Officers or is a graduate of an accredited high school and has five consecutive years of active investigative experience immediately preceding his application;
(6) is a graduate of a polygraph examiners' course approved by the division and satisfactorily has completed not less than six months of internship training. However, if the applicant is not a graduate of an approved polygraph examiners' course, satisfactory completion of not less than twelve months of internship training may satisfy this item;
(7) has passed an examination conducted by the division or under its supervision to determine his competency to obtain a license to practice as an examiner;
(8) before the issuance of a license, furnishes to the division evidence of a surety bond, insurance policy, or other surety acceptable to the division. The surety bond, insurance policy, or other surety acceptable to the division must be five thousand dollars and conditioned that the obligor will pay to the extent of the face amount of the surety bond, insurance policy, or other surety acceptable to the division judgments which may be recovered against the licensee by reason of wrongful or illegal acts committed by him in the course of his examinations. To retain licensure a surety bond, insurance policy, or other surety acceptable to the division must be maintained, and a change in coverage must be reported to the division within thirty days."
Evidence of a current bond, policy, or other surety of five thousand dollars
SECTION 2. Section 40-53-160 of the 1976 Code is amended to read:
"Section 40-53-160. A polygraph examiner's license must be issued for one year and, unless suspended or revoked, must be renewed annually as prescribed by the division upon evidence of a current surety bond, insurance policy, or other surety acceptable to the division of five thousand dollars. A polygraph examiner whose license has expired within two years after its expiration may obtain a renewal license without examination by making a renewal application and satisfying Section 40-53-70(2), (3), and (4). However, a polygraph examiner whose license expired while he was in the federal service on active duty with the armed forces of the United States, or the National Guard called into service or training, or in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed without examination if within two years after termination of service, training, or education, except under a condition other than honorable, he furnishes the division with an affidavit to the effect that he has been so engaged, and that his service, training, or education has been terminated. He also shall comply with Section 40-53-70(2), (3) and (4)."
Repeal
SECTION 3. Section 40-53-200 of the 1976 Code is repealed.
Reauthorization
SECTION 4. In accordance with Section 1-20-60 of the 1976 Code the existence of the Polygraph Examiners is reauthorized for six years.
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1991.