Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 A.M.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark as follows:
God of glory, grant us wisdom for the living of these days. Free us from a way that makes us rich only in things but poor in the spiritual. Show us more clearly how to be good stewards of the bounty which You have given us. May the things which are seen on earth be guided by the unseen and eternal. Bind us together in a common purpose: praying for one another, bearing one another's burdens, helping one another at work so that we may come to evening undefeated by temptation and at peace with ourselves, with our fellowman and with our God.
We ask Your special blessings upon our colleague and friend, Olin Phillips. Be for him the Great Physician, restoring him to good health that he might continue his good service to God and to God's people.
Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. COTTY moved that when the House adjourns, it adjourn in memory of Dr. R. Gregory Jowers of Columbia, which was agreed to.
The following was received.
Columbia, S.C., May 27, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has reconsidered the adoption of the report of the Committee of Conference on H. 4799:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 27, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has requested Free Conference powers and appointed Senators Land, Cork and Washington of the Committee of Free Conference on the part of the Senate on H. 4799:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Very respectfully,
President
Received as information.
The following was received.
Columbia, S.C., May 27, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Free Conference on H. 4799:
H. 4799 -- Reps. Altman, Kelley, Keegan, Lanford, Rhoad, Witherspoon and Meacham: A BILL TO AMEND SECTION 50-17-1010, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COASTAL FISHERIES LAWS, SO AS TO ALLOW SHRIMP BOATS TO DRAG NETS NO CLOSER THAN ONE-FOURTH MILE OF KIAWAH AND SEABROOK ISLAND BEACHES.
Very respectfully,
President
The report of the Committee of Free Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.
The following was received.
Columbia, S.C., May 27, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 994:
S. 994 -- Senators Short, Jackson and Gregory: A BILL TO AMEND TITLE 34, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BANKING, FINANCIAL INSTITUTIONS, AND MONEY, BY ADDING CHAPTER 39 SO AS TO ENACT THE SOUTH CAROLINA DEFERRED PRESENTMENT SERVICES ACT, PROVIDING FOR LICENSING AND REGULATION OF PERSONS OFFERING DEFERRED PRESENTMENT SERVICES.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
President
Received as information.
May 27, 1998
Mr. Speaker and Members of the House:
I am hereby returning without my signature H. 5050, R. 400, an Act:
TO AMEND ACT 1090 OF 1972, AS AMENDED, RELATING TO BAMBERG-EHRHARDT SCHOOL DISTRICT ONE AND DENMARK-OLAR SCHOOL DISTRICT TWO OF BAMBERG COUNTY, SO AS TO PROVIDE THAT MEMBERS OF BOARDS OF TRUSTEES OF THESE DISTRICTS MAY PARTICIPATE IN THE SCHOOL DISTRICTS' STAFF INSURANCE PROGRAM AND RECEIVE FRINGE BENEFITS OFFERED TO SCHOOL DISTRICT EMPLOYEES IN ADDITION TO RECEIVING THEIR ANNUAL SALARY.
This veto is based upon my belief that H. 5050, R. 400, though nominally restricted to the Bamberg-Ehrhardt School District One and Denmark-Olar School District Two, has statewide implications. The State Insurance Program is available to qualified, full-time employees. School board members are part-time employees. There are currently no school board members authorized to participate in the State Insurance Programs. I believe that it would be inappropriate to authorize, on a piecemeal basis, some School Board members to participate in this program. Should the General Assembly wish to consider expanding the scope of the State Insurance Program, it should do so on a consistent and statewide basis. In short, I believe that because this legislation deals so directly with both the statewide system of education, and the State Insurance Program, that it is not truly local legislation, and further that it is an ill-advised departure from current practice.
Sincerely,
David M. Beasley
The SPEAKER ordered the veto printed in the Journal.
May 27, 1998
Mr. Speaker and Members of the House:
I am transmitting herewith an appointment for confirmation. This appointment is made with the "advice and consent of the General Assembly," and is, therefore submitted for your consideration.
Respectfully,
David M. Beasley
Governor
Initial Appointment, Lexington County Master-in-Equity, with term to commence January 1, 1995, and to expire January 1, 2001, service to commence July 1, 1998:
Honorable Clyde M. Davis, Jr., 1014 Lonsdale Drive, West Columbia, S.C. 29170 VICE George W. Jefferson (retired)
The appointment was confirmed and a message was ordered sent to the Senate accordingly.
The following was introduced:
H. 5202 -- Rep. Meacham: A HOUSE RESOLUTION CONGRATULATING LEGISLATIVE AIDE JENNIFER LUCILLE PARRISH OF AIKEN COUNTY ON HER GRADUATION FROM THE UNIVERSITY OF SOUTH CAROLINA IN MAY, 1998, AND THANKING HER FOR HER ABLE SERVICE TO THE HOUSE OF REPRESENTATIVES DURING THE 1997-98 REGULAR SESSION AND AS A PAGE IN 1996, AND WISHING HER WELL IN HER FUTURE PURSUITS.
The Resolution was adopted.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5203 -- Reps. Lloyd, Bailey and Inabinett: A BILL TO AMEND ACT 507 OF 1996, RELATING TO THE CREATION OF THE COLLETON COUNTY BOARD OF ELECTIONS AND VOTER REGISTRATION, SO AS TO PROVIDE THAT NO PAID EMPLOYEE OF THE COUNTY IS ELIGIBLE TO SERVE AS THE CHAIRMAN OF THE BOARD.
On motion of Rep. LLOYD, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
S. 1184 -- Senator Ravenel: A BILL TO AMEND SECTION 5-1-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREREQUISITES TO THE ISSUANCE OF A CORPORATE CERTIFICATE TO AN AREA SEEKING INCORPORATION OF A MUNICIPALITY, SO AS TO DELETE REFERENCES TO FREEHOLDERS; AND TO AMEND SECTION 5-1-40, RELATING TO THE PETITION REQUIRED TO BE SUBMITTED TO THE SECRETARY OF STATE BY THOSE PERSONS DESIRING TO INCORPORATE A MUNICIPALITY, SO AS TO DELETE REFERENCES TO FREEHOLDERS.
Referred to Committee on Judiciary.
S. 1245 -- Labor, Commerce and Industry Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, MANUFACTURED HOUSING BOARD, RELATING TO MANUFACTURED HOUSING, DESIGNATED AS REGULATION DOCUMENT NUMBER 2277, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Labor, Commerce and Industry.
The following was introduced:
H. 5204 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION RECOUNTING THE PROUD HISTORY AND GLORIOUS PAST OF MOUNT PLEASANT BAPTIST CHURCH AT FORT MOTTE IN CALHOUN COUNTY AND RECORDING IT FOR FUTURE GENERATIONS AS A LESSON IN THE POWER OF KNOWLEDGE AND FAITH IN FORMING A STRONG COMMUNITY AND STATE.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5205 -- Reps. Scott, Allison, Altman, Askins, Bailey, Barfield, Barrett, Battle, Bauer, Baxley, Beck, Boan, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Byrd, Campsen, Canty, Carnell, Cato, Cave, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Cromer, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Felder, Fleming, Gamble, Gourdine, Govan, Hamilton, Harrell, A. Harris, Harrison, Harvin, Haskins, Hawkins, J. Hines, M. Hines, Hinson, Howard, Inabinett, Jennings, Jordan, Keegan, Kelley, Kennedy, Kinon, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Mack, Maddox, Martin, Mason, McAbee, McCraw, McGee, McKay, McLeod, McMahand, McMaster, Meacham, Miller, Moody-Lawrence, Mullen, Neal, Neilson, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Sandifer, Seithel, Sharpe, Sheheen, Simrill, D. Smith, F. Smith, J. Smith, R. Smith, Spearman, Stille, Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum, Young and Young-Brickell: A CONCURRENT RESOLUTION CONGRATULATING MR. TYRONE CORBIN OF THE NATIONAL BASKETBALL ASSOCIATION'S ATLANTA HAWKS AND RICHLAND COUNTY ON BEING NAMED 1998 CO-MALE PROFESSIONAL PLAYER OF THE YEAR BY THE SOUTH CAROLINA ATHLETIC HALL OF FAME AND COMMENDING HIM ON HIS OUTSTANDING ACCOMPLISHMENTS DURING HIS THIRTEEN-YEAR CAREER AS A PLAYER IN THE NATIONAL BASKETBALL ASSOCIATION.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1267 -- Senator Setzler: A CONCURRENT RESOLUTION COMMENDING AND THANKING NANCY MALLOY HAWKINS FOR HER EXCELLENT SERVICE TO RICHLAND SCHOOL DISTRICT ONE, AND WISHING HER HAPPINESS UPON HER RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The Senate sent to the House the following:
S. 1268 -- Senator Setzler: A CONCURRENT RESOLUTION TO COMMEND AND CONGRATULATE MR. JAMES E. "JIM" BAGNAL, JR., OF LEXINGTON COUNTY FOR HIS MANY YEARS OF SERVICE AS AN INSTRUCTOR IN RICHLAND COUNTY SCHOOL DISTRICT ONE, THE STATE, AND THIS COUNTRY AND TO EXTEND TO HIM BEST WISHES UPON HIS RETIREMENT.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The roll call of the House of Representatives was taken resulting as follows.
Allison Askins Bailey Barfield Barrett Battle Bauer Beck Bowers Breeland Brown, G. Brown, J. Brown, T. Byrd Campsen Carnell Cato Cave Chellis Cooper Cotty Cromer Dantzler Davenport Delleney Easterday Edge Emory Felder Gamble Gourdine Govan Hamilton Harris Harrison Haskins Hawkins Hines, J. Hines, M. Hinson Howard Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis Maddox Mason McAbee McCraw McGee McKay McLeod McMahand McMaster Meacham Miller Moody-Lawrence Mullen Neilson Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young
I came in after the roll call and was present for the Session on Thursday, May 28.
William Clyburn Gilda Cobb-Hunter Becky Rogers Martin James Emerson Smith, Jr. Timothy C. Wilkes Molly M. Spearman Joseph H. Neal Clementa C. Pinckney Richard M. Quinn, Jr. Robert W. Harrell, Jr. Douglas Jennings, Jr. Annette Young-Brickell Ralph W. Canty Henry E. Brown, Jr. William D. Boan
LEAVES OF ABSENCE
The SPEAKER granted Rep. ALTMAN a leave of absence for the day.
The SPEAKER granted Rep. BAXLEY a leave of absence for the day due to illness in the family.
The SPEAKER granted Rep. MACK a leave of absence for the day due to illness.
Rep. CANTY signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Wednesday, May 27.
Announcement was made that Dr. William H. Lee of Charleston is the Doctor of the Day for the General Assembly.
Rep. GOVAN presented to the House the South Carolina State University Bulldogs Basketball Team, winners of a 1997-98 MEAC title and a trip to the NCAA Tournament, their coaches and staff.
Rep. GOVAN and the Orangeburg County Delegation presented to the House the Orangeburg-Wilkinson Boys Track Team, 1998 Region 3-AAAA Champions, their coach and staff.
Rep. CHELLIS and the Dorchester County Delegation presented to the House the Summerville High School "Green Wave" Girls Track Team, 1998 State AAAA Champions, their coach and staff.
In accordance with House Rule 5.2 below:
"5.2 Every bill before presentation shall have its title endorsed; every report, its title at length; every petition, memorial, or other paper, its prayer or substance; and, in every instance, the name of the member presenting any paper shall be endorsed and papers shall be presented by the member to the Speaker at the desk. After a bill or resolution has been presented and given first reading, no further names of co-sponsors may be added. A member may add his name to a bill or resolution or a co-sponsor of a bill or resolution may remove his name at any time prior to the bill or resolution receiving passage on second reading. The member or co-sponsor shall notify the Clerk of the House in writing of his desire to have his name added or removed from the bill or resolution. The Clerk of the House shall print the member's or co-sponsor's written notification in the House Journal. The removal or addition of a name does not apply to a bill or resolution sponsored by a committee."
Bill Number: H. 4918
DATE REMOVE:
5/28/98 James A. Battle, Jr.
The following Bills were taken up, read the third time, and ordered sent to the Senate.
H. 5018 -- Reps. Townsend, Martin, Stille and Cooper: A BILL TO AMEND ACT 294 OF 1961, AS AMENDED, RELATING TO THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO AUTHORIZE THE COMMISSIONERS TO SELECT A TREASURER INSTEAD OF A SECRETARY, DELETE THE PROVISION AUTHORIZING THE COMMISSION TO LEVY A TAX NOT EXCEEDING FOUR MILLS AND SUBSTITUTING A PROVISION WHICH AUTHORIZES THE COMMISSION TO RECOMMEND TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AN ANNUAL TAX NOT TO EXCEED SIX MILLS FOR THE OPERATION OF THE FIRE PROTECTION SYSTEM, DELETE THE MUNICIPALITY OF PELZER FROM THE EXCEPTIONS OF THE AREA SUBJECT TO THE TAX FOR THE FIRE SYSTEM, REQUIRE THE APPROVAL OF THE ANDERSON COUNTY LEGISLATIVE DELEGATION FOR THE COMMISSION TO ISSUE TAX ANTICIPATION NOTES, CHANGE REFERENCES FROM FIRE MARSHAL TO COUNTY FIRE CHIEF, CLARIFY THE PROCESS AND PROVIDE THAT THE COMMISSION MAKES AN ANNUAL RECOMMENDATION TO THE DELEGATION, WITH THE DELEGATION APPROVING THE BUDGET AND THE COUNTY AUDITOR LEVYING THE AMOUNTS APPROVED BY THE DELEGATION, AND CORRECT ARCHAIC REFERENCES; AND TO AMEND ACT 711 OF 1990 RELATING TO THE AUTHORIZATION OF CERTAIN COMPENSATION FOR MEMBERS OF THE ANDERSON COUNTY FIRE PROTECTION COMMISSION, SO AS TO CLARIFY THE ANNUAL SUBMISSION OF THE BUDGET TO THE ANDERSON COUNTY LEGISLATIVE DELEGATION AND PROVIDE FOR A REFERENDUM IN THE SERVICE AREA OF THE COMMISSION WHEN THE COMMISSION REQUESTS AND THE DELEGATION APPROVES MORE THAN SIX MILLS IN THE ANNUAL BUDGET REQUEST.
H. 5183 -- Rep. Cave: A BILL TO PROVIDE FOR FOUR ADDITIONAL MEMBERS OF THE ALLENDALE COUNTY BOARD OF EDUCATION TO SERVE FOR TERMS TO EXPIRE IN 2002, TO PROVIDE FOR THE MANNER IN WHICH THESE ADDITIONAL MEMBERS SHALL BE APPOINTED, AND TO PROVIDE THAT THEIR SUCCESSORS SHALL BE ELECTED AT THE 2002 ELECTION IN THE MANNER THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW.
H. 5189 -- Rep. Edge: A BILL TO AMEND ACT 742 OF 1946, AS AMENDED, RELATING TO THE LORIS COMMUNITY HOSPITAL DISTRICT AND COMMISSION, SO AS TO REVISE THE MEMBERSHIP OF THE COMMISSION AND THE MANNER IN WHICH MEMBERS ARE APPOINTED EFFECTIVE JULY 1, 1998.
H. 5003 -- Reps. Miller and T. Brown: A BILL TO AMEND SECTION 6-7-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MEMBERSHIP OF A REGIONAL COUNCIL OF GOVERNMENT, SO AS TO REQUIRE MEMBERSHIP ON THE POLICYMAKING BODY OF THE COUNCIL OF A RESIDENT MEMBER OF THE GENERAL ASSEMBLY APPOINTED BY THEIR RESPECTIVE RESIDENT COUNTY LEGISLATIVE DELEGATION FROM EACH COUNTY COMPRISING THE COUNCIL OF GOVERNMENTS AND PROVIDE FOR SELECTION OF A MEMBER WHEN A COUNTY HAS NO RESIDENT MEMBER OF THE GENERAL ASSEMBLY.
Rep. M. HINES moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
S. 1190 -- Senator Leatherman: A BILL TO AMEND SECTION 7-7-260, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING PRECINCTS IN FLORENCE COUNTY, SO AS TO REDESIGNATE THESE PRECINCTS AND DESIGNATE A MAP NUMBER ON WHICH THE LINES OF THESE PRECINCTS ARE DELINEATED AND TO REPEAL SECTION 7-7-265, RELATING TO THE DESIGNATION OF VOTING PLACES IN FLORENCE COUNTY.
The following Bill and Joint Resolution were taken up, read the second time, and ordered to a third reading:
H. 5200 -- Reps. Witherspoon, Barfield and Keegan: A BILL TO AMEND ACT 612 OF 1980, RELATING TO THE COMPENSATION OF MEMBERS OF THE HORRY COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE ANNUAL COMPENSATION OF MEMBERS OF THE BOARD AND PROVIDE WHEN THE INCREASE IS EFFECTIVE.
H. 4953 -- Reps. H. Brown, Sheheen, Wilkins and Young-Brickell: A JOINT RESOLUTION TO PROVIDE FOR THE CONTINUING AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT IF THE 1998-99 FISCAL YEAR BEGINS WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
On motion of Rep. WITHERSPOON, with unanimous consent, it was ordered that H. 5200 be read the third time tomorrow.
Rep. G. BROWN moved to adjourn debate upon the following Bill, which was adopted.
H. 5201 -- Rep. G. Brown: A BILL TO AMEND ACT 616 OF 1980, RELATING TO COMPENSATION AND TRAVEL ALLOWANCE OF MEMBERS OF THE LEE COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE AMOUNT OF COMPENSATION AND TRAVEL ALLOWANCE PAYABLE TO MEMBERS OF THE BOARD AND TO ALLOW THE PROVISION OF MEDICAL INSURANCE COVERAGE FOR THE MEMBERS.
The following Bills were read the third time, passed and, having received three readings in both Houses, it was ordered that the title of each be changed to that of an Act, and that they be enrolled for ratification.
S. 1212 -- Senators Saleeby and McConnell: A BILL TO AMEND SECTION 38-9-200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CAPITAL, SURPLUS, RESERVES, AND OTHER FINANCIAL MATTERS REGARDING INSURANCE COMPANIES, REINSURANCE CREDITS, AND LIABILITY REDUCTIONS, SO AS TO REVAMP THE SECTION BY DELETING CERTAIN PROVISIONS AND LANGUAGE AND BY ADDING PROVISIONS THAT PROVIDE, AMONG OTHER THINGS, THAT THE ASSUMING INSURER SHALL SUBMIT TO EXAMINATION OF ITS BOOKS AND RECORDS BY THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND BEAR THE EXPENSE OF EXAMINATION, THAT CREDIT FOR REINSURANCE SHALL NOT BE GRANTED UNLESS THE FORM OF THE TRUST AND ANY AMENDMENTS TO THE TRUST HAVE BEEN APPROVED BY THE INSURANCE COMMISSIONER OF THE STATE WHERE THE TRUST IS DOMICILED OR THE INSURANCE COMMISSIONER OF ANOTHER STATE WHO, PURSUANT TO THE TERMS OF THE TRUST AGREEMENT, HAS ACCEPTED PRINCIPAL REGULATORY OVERSIGHT OF THE TRUST, THAT THE FORM OF THE TRUST AND ANY TRUST AMENDMENTS MUST BE FILED WITH THE INSURANCE COMMISSIONER OF EVERY STATE IN WHICH CEDING INSURER BENEFICIARIES OF THE TRUST ARE DOMICILED, THAT THE TRUST FUND FOR A SINGLE ASSUMING INSURER SHALL CONSIST OF FUNDS IN TRUST IN AN AMOUNT NOT LESS THAN THE ASSUMING INSURER'S LIABILITIES ATTRIBUTABLE TO REINSURANCE CEDED BY UNITED STATES CEDING INSURERS, AND THAT THE ASSUMING INSURER SHALL MAINTAIN A TRUSTEED SURPLUS OF NOT LESS THAN TWENTY MILLION DOLLARS.
S. 1078 -- Senators Ryberg, Hutto, Moore, Setzler, Washington and Matthews: A BILL TO AMEND CHAPTER 12, TITLE 31, CODE OF LAWS OF SOUTH CAROLINA, 1976, KNOWN AS THE "MILITARY FACILITIES REDEVELOPMENT LAW" RELATING TO REDEVELOPMENT AUTHORITY TO ACQUIRE AND DISPOSE OF FEDERAL MILITARY INSTALLATIONS, SO AS TO BROADEN THE AUTHORITY TO INCLUDE ACQUISITION AND DISPOSAL OF BOTH REAL PROPERTY AND PERSONAL PROPERTY CLASSIFIED AS EQUIPMENT, IN CONNECTION WITH BOTH FEDERAL MILITARY INSTALLATIONS AND OTHER FEDERAL DEFENSE SITES.
The following Bill was taken up.
S. 982 -- Senator Giese: A BILL TO AMEND ARTICLE 5, CHAPTER 19, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROTECTION OF SECURED INTERESTS AND OTHER LIENS ON MOTOR VEHICLES, BY ADDING SECTION 56-19-720 SO AS TO PROVIDE THAT A TERMINAL RENTAL ADJUSTMENT CLAUSE IN A VEHICLE LEASE DOES NOT CREATE A SECURITY INTEREST OR A SALE.
Rep. KNOTTS made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 534 -- Senator Hayes: A BILL TO AMEND SECTION 41-13-25, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PENALTIES FOR VIOLATING CHILD LABOR REGULATIONS SO AS TO PROVIDE AN OPTIONAL FINE FOR A FIRST OFFENSE, TO INCREASE THE FINES FOR A SUBSEQUENT OFFENSE, AND MAKE THE FINES OPTIONAL RATHER THAN MANDATORY AND TO PROVIDE CRITERIA UPON WHICH THE DIRECTOR OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION SHALL DETERMINE THE AMOUNT OF THE FINE; AND TO REPEAL SECTION 41-13-40 RELATING TO LIABILITY OF EMPLOYERS OF MINORS TO PARENTS OR GUARDIANS.
Rep. CATO made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 401 -- Senators Leventis and Giese: A BILL TO AMEND CHAPTER 11, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSING AND REGULATION OF CONTRACTORS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK ESTABLISHED FOR PROFESSIONAL AND OCCUPATIONAL BOARDS IN CHAPTER 1, TITLE 40, AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF CONTRACTORS INCLUDING, BUT NOT LIMITED TO, REVISING THRESHOLD PROJECT COSTS REQUIRING A LICENSED CONTRACTOR, REVISING QUALIFYING PARTY REQUIREMENTS AND RESPONSIBILITIES, AND PROVIDING A GRANDFATHER CLAUSE FOR CURRENT QUALIFIERS, ESTABLISHING FINANCIAL STATEMENT LICENSE GROUPS, AND REVISING REQUIREMENTS FOR FINANCIAL STATEMENTS, REDUCING BIDDERS' LICENSE FEES, EXPANDING GROUNDS FOR DISCIPLINARY ACTION AND SANCTIONS AGAINST UNLICENSED CONTRACTORS, AUTHORIZING CEASE AND DESIST ORDERS, AUTHORIZING EXAMINATION WAIVERS FOR CERTAIN CONTRACTORS LICENSED IN OTHER STATES, PROVIDING FOR THE REGULATION OF CONSTRUCTION MANAGEMENT SERVICES, ESTABLISHING BIDDING REQUIREMENTS FOR PRIME CONTRACTORS, REVISING LICENSING SUBCLASSIFICATIONS, PROVIDING CRITERIA FOR OWNERS TO OBTAIN BUILDING PERMITS, AND PROVIDING LICENSURE EXEMPTIONS.
Reps. BAILEY, CATO, KIRSH, INABINETT, RICE, HINSON, MEACHAM, STUART, SEITHEL, SHARPE and R. SMITH requested debate on the Bill.
The following Bill was taken up.
S. 1179 -- Senator Drummond: A BILL TO AMEND SECTION 34-1-80, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF THE COMMISSIONER OF BANKING TO EXAMINE CERTAIN INSTITUTIONS SO AS TO AUTHORIZE EXAMINATION OF THE CAROLINA CAPITAL INVESTMENT CORPORATION.
Rep. KIRSH made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1074 -- Senator Saleeby: A BILL TO AMEND ARTICLE 7, CHAPTER 4, TITLE 61, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE CONTROL LAWS AFFECTING WINE ONLY, BY ADDING SECTION 61-4-735 SO AS TO REGULATE CERTAIN PRACTICES BETWEEN WINE MANUFACTURERS, WHOLESALERS, AND RETAILERS, AND TO PROVIDE FOR OTHER PRACTICES AND PROCEDURES APPLICABLE TO THE SALE OF WINE.
Rep. SHARPE proposed the following Amendment No. 1 (Doc Name P:\AMEND\GJK\21593AC.98).
Amend the bill, as and if amended, in Section 61-4-735(A), as contained in SECTION 1, page 1, by striking line 27 and inserting:
/"Section 61-4-735. (A) Except as provided in Sections 61-4-720 and 61-4-730, a manufacturer of wine, vintner, or/
Amend further, in Section 61-4-735(D), as contained in SECTION 1, page 2, by striking line 28 and inserting:
/tier three business. Except as provided in Sections 61-4-720 and 61-4-730, a person or entity in the wine business on one/
Amend further, in Section 61-4-735, as contained in SECTION 1, page 3, by inserting immediately after line 13:
/(F) Nothing in this section shall affect or prohibit the ownership or the operation of a licensed winery in this State that produces, provides taste samples, sells, delivers, or ships domestic wine as authorized and in accordance with the provisions of Sections 61-4-720 and 61-4-730."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHARPE explained the amendment.
Rep. STUART made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 847 -- Senators Passailaigue, Washington and Branton: A BILL TO AMEND SECTION 61-4-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL RETAIL BEER AND WINE PERMITS, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES; AND TO AMEND SECTION 61-6-2010 OF THE 1976 CODE, RELATING TO TEMPORARY PERMITS FOR SUNDAY LIQUOR SALES, SO AS TO PROVIDE THAT THE FEES COLLECTED MAY BE USED FOR AFFORDABLE HOUSING INITIATIVES.
Rep. ALTMAN made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 325 -- Senator Bryan: A BILL TO AMEND SECTION 22-5-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BAILING A PERSON, SO AS TO PROVIDE WHEN A PERSON MUST BE ALLOWED A BOND HEARING AND MUST BE RELEASED AFTER OFFERING SUFFICIENT BOND; TO AMEND SECTION 38-53-50, AS AMENDED, RELATING TO A BAIL BONDSMAN SURRENDER OF A DEFENDANT, SO AS TO REVISE THE CIRCUMSTANCES IN WHICH A BAIL BONDSMAN MAY OBTAIN A COMMITMENT ORDER; TO AMEND SECTION 38-53-70, RELATING TO REMISSION OF JUDGMENT, SO AS TO PROVIDE THAT A SURETY MAY OBTAIN A REFUND OF A PORTION OF THE AMOUNT ESTREATED IF A PRINCIPAL IS SURRENDERED WITHIN A CERTAIN PERIOD AFTER AN ESTREATMENT ORDER HAS BEEN ISSUED; TO AMEND SECTION 38-53-90, AS AMENDED, RELATING TO QUALIFICATIONS FOR LICENSING A BONDSMAN AND A RUNNER, SO AS TO REQUIRE BOTH TO POSSESS THE MINIMUM TRAINING THE STATE REQUIRES FOR A LAW ENFORCEMENT OFFICER; AND TO AMEND SECTION 38-53-170, AS AMENDED, RELATING TO ACTIVITIES A BAIL BONDSMAN OR A RUNNER MAY NOT ENGAGE IN, SO AS TO ALLOW A BAIL BONDSMAN OR A RUNNER TO ATTEND CERTAIN COURT SESSIONS.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 331 -- Senator Holland: A BILL TO AMEND SECTION 17-15-170, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FORFEITURE OF RECOGNIZANCES, SO AS TO PROVIDE THAT A MAGISTRATE MAY CONFIRM JUDGMENTS OF RECOGNIZANCE FORFEITURE OF NOT MORE THAN THE MAXIMUM FINE ALLOWABLE UNDER HIS JURISDICTION IN ADDITION TO ASSESSMENTS.
Rep. YOUNG explained the Bill.
Rep. MOODY-LAWRENCE made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Joint Resolution was taken up.
S. 1166 -- Senator Moore: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE QUALIFICATIONS OF SENATORS AND MEMBERS OF THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT A CANDIDATE FOR THE SENATE OR HOUSE OF REPRESENTATIVES MUST BE A LEGAL RESIDENT OF THE DISTRICT IN WHICH HE IS A CANDIDATE AT THE TIME HE FILES FOR THE OFFICE.
Rep. MOODY-LAWRENCE made the Point of Order that the Joint Resolution was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 866 -- Senators Holland, Reese, Wilson, Mescher, Hayes, McConnell, Leventis and Martin: A BILL TO AMEND SECTION 16-3-1075, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FELONY OF CARJACKING, SO AS TO INCREASE THE PENALTIES FOR THE OFFENSE; TO AMEND SECTION 16-1-60, RELATING TO VIOLENT CRIMES, SO AS TO PROVIDE THAT CARJACKING IS A VIOLENT CRIME; TO AMEND SECTION 17-25-45, RELATING TO MOST SERIOUS OFFENSES, SO AS TO PROVIDE THAT CARJACKING IS A MOST SERIOUS OFFENSE.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1162 -- Senator Bryan: A BILL TO AMEND SECTION 20-7-6845 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO AS TO REVISE THE STANDARDS APPLICABLE TO JUVENILE DETENTION FACILITIES.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 863 -- Senators Holland, Washington and Short: A BILL TO AMEND SECTION 16-25-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELIGIBILITY FOR PAROLE FOR AN INMATE WHO PRESENTS CREDIBLE EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE SUFFERED AT THE HANDS OF HIS SPOUSE, SO AS TO PROVIDE THAT THE INMATE MAY PRESENT THE EVIDENCE OF DOMESTIC VIOLENCE IN A POST-CONVICTION RELIEF HEARING.
Rep. HARRISON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Rep. HARRISON moved to adjourn debate upon the following Bill until Tuesday, June 2, which was adopted.
S. 862 -- Senator Holland: A BILL TO AMEND SECTION 16-1-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIME CLASSIFICATION, SO AS TO PROVIDE THAT ALL OFFENSES CLASSIFIED AS EXEMPT WITH MAXIMUM PENALTIES OF IMPRISONMENT OF FIVE YEARS OR MORE ARE FELONIES; TO AMEND SECTION 16-3-26, RELATING TO THE DEATH PENALTY, SO AS TO REQUIRE NOTICE OF A SOLICITOR'S INTENTION TO SEEK THE DEATH PENALTY TO BE IN WRITING; TO AMEND SECTION 16-3-660, RELATING TO DEPOSITION TESTIMONY, SO AS TO ALLOW A JUDGE TO ORDER VIDEO DEPOSITION OF A RAPE VICTIM WHEN THE PERSON IS A WITNESS IN THE TRIAL; TO AMEND SECTION 16-3-1240, RELATING TO THE VICTIM'S COMPENSATION PROGRAM, SO AS TO AUTHORIZE THE DISCLOSURE OF INFORMATION REGARDING A PARTICULAR APPLICANT FOR VICTIM COMPENSATION BY COURT ORDER UPON A SHOWING OF GOOD CAUSE; TO AMEND SECTION 16-11-310, RELATING TO OFFENSES AGAINST PROPERTY, SO AS TO NARROW THE DEFINITION OF "BUILDING"; TO AMEND SECTION 16-11-617, RELATING TO THE OFFENSE OF ENTERING ANOTHER'S PROPERTY FOR THE PURPOSE OF CULTIVATING MARIJUANA, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WILFULLY; TO AMEND SECTION 16-11-650, RELATING TO THE OFFENSE OF REMOVING A FENCE, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED INTENTIONALLY; TO AMEND SECTION 16-13-60, RELATING TO THE OFFENSE OF STEALING DOGS, SO AS TO REQUIRE THAT THE OFFENSE BE COMMITTED WITH THE INTENT TO PERMANENTLY DEPRIVE THE OWNER THEREOF; TO AMEND SECTION 16-25-70, AS AMENDED, RELATING TO THE CRIME OF DOMESTIC VIOLENCE, SO AS TO DELETE THE TERM "FAMILY VIOLENCE"; TO AMEND SECTION 17-4-20, RELATING TO THE COMMISSION OF APPELLATE DEFENSE, SO AS TO REPLACE THE MEMBERSHIP SEAT ALLOCATED TO THE SOUTH CAROLINA TRIAL LAWYERS ASSOCIATION WITH ONE ALLOCATED TO THE SOUTH CAROLINA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS; TO AMEND SECTION 17-13-141, RELATING TO RECORDS KEPT BY JUDICIAL OFFICERS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-13-160, RELATING TO FORMS OF ARREST AND SEARCH WARRANTS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE FORMS; TO AMEND SECTION 17-15-40, RELATING TO BAIL AND RECOGNIZANCE FORMS, SO AS TO REQUIRE THE OFFICE OF COURT ADMINISTRATION TO PRESCRIBE THE FORMS; TO AMEND SECTION 17-19-80, RELATING TO INDICTMENTS, SO AS TO REQUIRE THAT A PERSON INDICTED OF A CAPITAL OFFENSE BE GIVEN A COPY OF THE INDICTMENT THIRTY DAYS BEFORE TRIAL; TO AMEND SECTION 17-21-80, RELATING TO CHANGE OF VENUE, SO AS TO AUTHORIZE A JUDGE TO CHANGE THE VENUE IN A CRIMINAL CASE TO ANOTHER COUNTY; TO AMEND SECTION 23-3-480, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO PROVIDE THAT A SEX OFFENDER MAY NOT BE PENALIZED FOR FAILING TO REGISTER IF HE WAS CONVICTED OF A SPECIFIC OFFENSE PRIOR TO JULY 1, 1994; TO AMEND SECTION 56-1-1380, RELATING TO A PROVISIONAL DRIVER'S LICENSE, SO AS TO PROVIDE THAT A RESIDENT OF THIS STATE WHO IS CONVICTED OF A TRAFFIC OFFENSE IN ANOTHER STATE MAY APPLY FOR A PROVISIONAL LICENSE IF HIS DRIVER'S LICENSE IS SUSPENDED AS A RESULT OF THE CONVICTION; AND TO REPEAL SECTIONS 16-3-410, 16-3-420, 16-3-430, 16-3-440, 16-3-450, 16-3-460, 16-3-720, 16-11-720, 17-13-70, 17-13-100, and 17-13-110.
The following Bill was taken up.
S. 78 -- Senator Holland: A BILL TO AMEND SECTION 33-4-101, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORPORATE NAMES, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE DOMESTIC CORPORATION; TO AMEND SECTION 33-15-106, AS AMENDED, RELATING TO CORPORATE NAMES OF FOREIGN CORPORATIONS, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE FOREIGN CORPORATION; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 33-41-315, SO AS TO PROHIBIT THE USE OF AN ASSUMED OR FICTITIOUS NAME WHICH INTENTIONALLY MISREPRESENTS THE GEOGRAPHIC ORIGIN OR LOCATION OF THE PARTNERSHIP; AND BY ADDING SECTION 39-5-37, SO AS TO DESIGNATE THE USE OF AN ASSUMED OR FICTITIOUS NAME TO INTENTIONALLY MISREPRESENT THE GEOGRAPHIC ORIGIN OR LOCATION OF ANY PERSON OR BUSINESS ENTITY AS AN UNLAWFUL TRADE PRACTICE.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\JIC\5705SD.98).
Amend the bill, as and if amended, by striking Section 39-5-37 of the 1976 Code, as contained in SECTION 4, and inserting:
/Section 39-5-37. It shall be an unlawful trade practice under Section 39-5-20 to use an assumed or fictitious name in the conduct of a business to intentionally misrepresent the geographic origin, ownership of manufacturing facilities, or location of such business./
Amend title to conform.
Rep. KLAUBER explained the amendment.
Rep. SIMRILL made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The following Bill was taken up.
S. 1128 -- Senators Holland, J. Verne Smith, McGill and Elliott: A BILL TO AMEND TITLE 40, CHAPTER 75, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONAL COUNSELORS, ASSOCIATE COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF TITLE 40, CHAPTER 1 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO FURTHER PROVIDE FOR THE LICENSING AND REGULATION OF PROFESSIONAL COUNSELORS AND MARRIAGE THERAPISTS AND INTERNS AND TO PROVIDE FOR THE LICENSURE AND REGULATION OF ALCOHOL AND DRUG ABUSE COUNSELORS.
Rep. ROBINSON made the Point of Order that the Bill was improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
Upon the withdrawal of requests for debate by Reps. J. BROWN, CATO, SCOTT, LAW, McMAHAND, INABINETT, GOURDINE, BREELAND, J. HINES, MOODY-LAWRENCE, SHARPE, CLYBURN, R. SMITH, LLOYD and TRIPP, the following Bill was taken up.
S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\KGH\15687AC.98).
Amend the bill, as and if amended, by deleting SECTIONS 7 through 11, beginning on Page 718-9, and inserting:
/SECTION 7. Chapter 75, Title 40 of the 1976 Code is amended to read:
Section 40-75-10. This chapter is known and may be cited as the 'Professional Counselor, Associate Counselor, and Marital and Family Therapist Licensing Act'.
Section 40-75-20. There is created the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, and Marital and Family Therapists (hereafter called the 'board'), composed of eight members. The Governor shall appoint the members as follows:
(1) There must be six professional members, one from each of the congressional districts in the State, three of whom are licensed professional counselors and three of whom are licensed marital and family therapists.
(2) There must be two members at large from the general public who are not associated with, or financially interested in, the practice of either professional counseling, associate counseling, or marital and family therapy.
The membership must be representative of racial and ethnic minorities and of women. The six professional members must have been actively engaged in the practice of their respective professions or in the education and training of professional counselors, associate counselors, or marital and family therapists for at least five years prior to appointment. The initial professional members must, respectively, be eligible for licensure at the time of their appointment and qualification as members. All subsequent professional members must be licensed prior to appointment. Terms of the members are for four years and until their successors are appointed and qualify. Incumbent members may not hold dual licensure both as a licensed professional counselor and a licensed marital and family therapist. Members are eligible for reappointment but may not serve more than two consecutive terms, except as otherwise specifically provided in this section. Initial members from the first, third, and fifth congressional districts and one of the initial at-large members, as designated by the Governor, shall serve for terms of two years, and these four initial members may serve for up to ten consecutive years on the board. The members must qualify by taking an oath of office before a notary public or other official authorized to administer oaths in the State. Vacancies must be filled in the same manner as original appointment for the unexpired portion of the term. Each member shall receive for his services per diem, subsistence, and mileage as allowed by law for members of state boards, commissions, and committees for each day actually engaged in the duties of his office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to time actually spent in conducting examinations.
Section 40-75-30. The board shall:
(1) At the first board meeting in each calendar year elect from the professional membership a president, a vice president, and any other officer it considers necessary. Regular meetings must be held upon the call of the president or any two members of the board. A majority of the members of the board constitutes a quorum.
(2) Establish a standards committee composed of the three professional members who are licensed professional counselors and one of the at-large members from the general public and a standards committee composed of the three professional members who are licensed marital and family therapists and the other at-large member from the general public.
(3) Promulgate regulations to carry out the provisions of this chapter.
(4) Approve the preparation or selection, administration, and the grading of all examinations to applicants for licensure.
(5) Adopt and promulgate in its regulations a code of ethics to govern the conduct of persons licensed under this chapter.
(6) Adopt a seal, the impression of which must be stamped upon all official documents issued by the board.
(7) Keep a full record of all of its proceedings and maintain a complete registry of all license holders or licensees.
(8) License as professional counselors, associate counselors, and marital and family therapists persons who satisfy the respective requirements for licensure.
(9) Assure that no member of the board supervises for a fee any applicant after the applicant has applied for licensure or votes on any applicant the member previously supervised.
The area of concern of the standards committee composed of the three professional members who are licensed professional counselors and one of the at-large members from the general public is professional counselors and associate counselors. The area of concern of the other standards committee is marital and family therapists.
Section 40-75-40. No member of the board and no special examiner, agent, or employee of the board may be held liable for acts performed in the course of official duties except where actual malice is shown. For the purpose of any investigation, inquiry, or proceeding under this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any document or record which the board considers relevant to the investigation, inquiry, or proceeding. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and to produce documentary evidence and to give other evidence concerning the matter under investigation or inquiry.
Whenever the board has reason to believe that any person is violating or intends to violate any provision of the chapter it may order, in addition to all other remedies allowed by law, the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from the conduct. An administrative law judge may issue ex parte a temporary injunction not to exceed ten days in duration and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
Section 40-75-50. (A) Each standards committee shall carry out the following functions as they relate to each committee's respective area of concern:
(1) Determine whether applicants meet the qualifications for licensure required by law.
(2) Prepare or select, administer, and grade examinations.
(3) Recommend to the board the issuance of a license to any qualified applicant who passes the examination designed to demonstrate professional competence.
(4) Provide for other necessary matters relating to licensure.
(B) The board by majority vote shall approve all recommendations and decisions of a standards committee prior to their implementation and no decision of the board which may affect the licensure of professional counselors, associate counselors, or marital and family therapists may become effective without the approval of a majority of the membership of the respective standards committee.
Section 40-75-60. All revenues and income from licenses, examination fees, other fees, and the sale of commodities and services and income derived from any other board source or activity must be remitted to the State Treasurer as collected, when practicable, but at least once each week, and credited to the general fund of the State. All assessments, fees, or licenses must be levied in an amount sufficient to equal at least the amount appropriated in the annual general appropriation act for the board, plus any additional funds allocated by the Budget and Control Board for implementation of the state's personnel compensation plan.
Section 40-75-70. It is unlawful for any person who is not licensed in the manner prescribed in this chapter to represent himself as a licensed professional counselor, licensed associate counselor, or licensed marital and family therapist or to hold himself out to the public as being licensed under this chapter by means of using a title on signs, mailboxes, address plates, stationery, announcements, telephone listings, calling cards, or other instruments of professional identification. Any person violating this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars or by imprisonment not to exceed thirty days or both.
Section 40-75-80. For the purposes of this chapter, the practice of counseling means rendering or offering to render to children, adolescents, and adults, either individually, in groups, or in organizations, for compensation, monetary or otherwise, counseling or psychotherapeutic services, which include the assessment of background and current information in order to identify problems and conflicts, the development of a counseling treatment program, and application of principles, methods, or the procedures of the counseling profession in order to assist children, adolescents, and adults, either individually, in groups, or in organizations, in achieving more effective personal, social, educational, and vocational development and adjustment. The procedures of counseling include, but are not limited to, the following:
(A) 'counseling', which means assisting children, adolescents, and adults, either individually, in groups, or in organizations, through the counseling and psychotherapeutic relationship to develop an understanding of and to explore possible solutions to interpersonal and personal problems and conflicts, to define goals, to make decisions, and to plan a course of action reflecting an individual's or a group's interests, abilities, and mental and emotional needs which include, but are not limited to, personal-social concerns, psychotherapeutic progress, sexual adjustment, developmental difficulties, educational achievement, and occupational and career development.
(B) 'appraisal', which means selecting, administering, scoring, and interpreting instruments designed to assess an individual's aptitudes, abilities, achievements, interests, and personal characteristics, and the use of nonstandardized methods and techniques for understanding human behavior in relationship to coping with, adapting to, or changing life situations.
(C) 'consulting', which means conferring with other professional colleagues, groups, or organizations for the purpose of assisting them in their work with persons who are experiencing personal problems.
(D) 'referral', which means the evaluation of data to identify problems and to determine the advisability of referral to other specialists.
Section 40-75-90. For the purposes of this chapter, the "practice of marital and family therapy" means rendering or offering to render to individuals, marital pairs or similar couples, family groups, either singly or in groups, or the general public marital and family therapy services for compensation, monetary or otherwise. "Marital and family therapy" means a specialized field of psychotherapy which recognizes the importance of marital and family relationships in understanding and treating emotional and mental problems. It centers primarily upon the family system, marital and similar relationships, parent-child relationships, sibling relationships, and other family relationships. It involves the disciplined application of specific principles, methods, and techniques associated with marital and family relationships for the purpose of resolving emotional and mental problems, resolving interpersonal conflict, improving personal functioning, and improving interpersonal relationships. It includes, but is not limited to, premarital, marital, couple, sexual, divorce, and family psychotherapy.
Section 40-75-100. (A) Applicants for licensure shall meet the following qualifications:
(1) pay an application fee;
(2) complete forms prescribed by the board.
(B) In addition to subsection (A) applicants shall meet the following qualifications for the respective license for:
(1) "licensed professional counselor":
(a) earned a doctoral degree which is primarily professional counseling in content and includes clinical experience or the substantial equivalent and, following the receipt of the degree, had two years of full-time work experience in a counseling setting that meets the requirements established by the board; or
(b) earned a master's degree which is primarily professional counseling in content or the substantial equivalent and, following the receipt of the degree, had two years of full-time work experience in a counseling, educational, or community agency setting that meets the requirements established by the board. The work experience must include one thousand five hundred hours of direct clinical contact with either children, adolescents, or adults. One hundred fifty of these hours must include individual supervision, fifty hours of which may be group supervision, in the practice of counseling;
(2) "licensed associate counselor": earned a master's degree which is primarily counseling in content and includes clinical experience and filed a board-approved plan for practice under the supervision of the board;
(3) "licensed marital and family therapist": earned a master's degree which is primarily marital and family therapy in content or taken an equivalent course of study and degree which includes marital and family therapy as determined by the board by regulation and includes clinical experience or the substantial equivalent. Following the receipt of a qualifying degree, these applicants also must have had two years of full-time work experience which includes one thousand hours of direct clinical contact with couples and families and two hundred hours of supervision of which one hundred hours must have been individual supervision in the practice of marital and family therapy. These twelve hundred hours of clinical contact and supervised experience must have been obtained working in a marital and family therapy setting that meets the requirements established by the board by regulation.
(C) Degrees submitted as evidence of educational achievement must have been earned at regionally accredited institutions of higher learning.
(D) The board shall notify each applicant not less than thirty days before the examination that the application and evidence submitted is satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice must state the reasons for rejection.
Section 40-75-105. The board, in its regulations, shall establish criteria for determining acceptable, supervised experience and the qualifications of the supervisor. The board may issue a license for a marital and family therapist supervisor or counselor supervisor and may issue the registration for a counselor supervisor-in-training to a qualified applicant who pays a licensing or registration fee.
Section 40-75-110. The board shall issue a license to any qualified applicant who:
(1) pays an examination fee and passes a board-approved examination designed to demonstrate professional competence in professional counseling, associate counseling, or marital and family therapy;
(2) pays a licensing fee.
Section 40-75-120. The board shall conduct at least one examination in professional counseling, associate counseling, and marital and family therapy each year for qualified applicants. The written examination must be standardized by norm groups that are representative of South Carolina with respect to race, age, sex, and ethnic groups.
Following the examination the board shall notify applicants as to the results. In the event an applicant fails to receive a passing grade on the examination, he must be furnished, upon request, information regarding deficient areas. He may reapply and must be allowed to take a subsequent examination.
Section 40-75-130. Licenses issued under this chapter must be renewed every two years upon the payment of a renewal fee and upon the fulfillment of continuing education as determined by the board by regulation.
Any licensee who allows his license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon satisfactory explanation by the licensee of his failure to renew his license and upon payment of a reinstatement fee and the current renewal fee. If a license has lapsed for more than one year, the board may impose further educational requirements for reinstatement.
Section 40-75-140. Any person is regarded as a "licensed professional counselor" or a "licensed associate counselor" or a "licensed marital and family therapist" within the meaning of this chapter who meets the qualifications and requirements prescribed in this chapter and who is registered and licensed by the board. A license holder or licensee may use the title appearing on his license and the corresponding letters 'LPC' for licensed professional counselor, "LAC" for licensed associate counselor, or "LMFT" for licensed marital and family therapist following his name, as the case may be. Every license holder shall display his license in a prominent place in his place of practice.
Section 40-75-150. Upon application accompanied by a fee and without examination the board may issue a license to any person who has furnished satisfactory evidence that he is licensed either as a professional counselor, associate counselor, or marital and family therapist by another state, a territorial possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, if the requirements for licensure in those places are substantially equivalent to the requirements of this chapter in the opinion of the board.
Section 40-75-160. The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant. Upon receipt of a complaint, the secretary, or other person as the president may designate, shall investigate the allegations in the complaint and make a report to the board concerning his investigation. In instances where a board member makes the initial investigation or complaint, he may not sit with the board at the hearing of the complaint. If the board desires to proceed further it may file, in its discretion, a formal accusation charging the licensee with a violation of this chapter. The accusation must be signed by the president or vice president on behalf of the board. When the accusation is filed and the board has set a date and a place for a hearing on the accusation, the secretary, or other person as the president may designate, shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused, is prima facie evidence of service of the notice.
The accused may appear and show cause why his license should not be suspended or revoked or why other disciplinary action should not be taken. The accused has the right to be confronted with and to cross-examine the witnesses against him and has the right to counsel. For the purposes of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential.
Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any member of the board, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may lie against any person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice.
Nothing contained in this chapter prohibits the accused from regular access to the charges and evidence filed against him as a part of due process under the law.
Section 40-75-170. (A) The board may revoke or suspend a license or reprimand or restrict a licensee or otherwise discipline him when it is established that the licensee is guilty of an act of misconduct as defined in this section. Misconduct is a satisfactory showing to the board that a licensee has:
(1) uttered a false, fraudulent, or forged statement or document or committed or practiced a fraudulent, deceitful, or dishonest act in connection with license requirements;
(2) been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction;
(3) practiced while under the influence of alcohol or drugs to a degree so as to affect adversely his ability to practice;
(4) used alcohol or drugs to a degree so as to affect adversely his ability to practice;
(5) knowingly performed an act which substantially assists a person to practice counseling or marital and family therapy illegally;
(6) caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skills or methods of practice of a license holder when malice is shown;
(7) failed to provide and maintain reasonable sanitary facilities;
(8) sustained physical or mental impairment or disability which renders practice by him dangerous to the public;
(9) violated the code of ethics adopted by the board and published in its regulations;
(10) obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances;
(11) used an intentionally false or fraudulent statement in a document connected with the practice of either professional counseling, associate counseling, or marital and family therapy;
(12) been found by the board to lack the professional competence to practice;
(13) violated this chapter;
(14) practiced during the time his license has lapsed.
(B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the board until the licensee is adjudged competent by a court of competent jurisdiction.
Section 40-75-180. If the board is satisfied that the licensee is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke or suspend the license or reprimand or restrict the licensee or otherwise discipline him by taking reasonable action short of revocation or suspension such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board also may impose other restraints upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of the action must be mailed by the board to the licensee at his last known address as provided to the board.
Any final order of the board finding that a licensee is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local and state professional associations, all firms or facilities with which the licensee is associated, states where the licensee has a license known to the board, and to any other source to which the board wishes to furnish this information.
Any decision by the board to revoke or suspend a license or to reprimand or restrict a licensee or otherwise to discipline him must be by majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon a petition filed by the licensee with the court and a copy served upon the secretary of the board, or, if there is no secretary, upon the president, within thirty days from the date of delivery of the board's decision to the licensee. The review must be in accordance with the provisions of Act 176 of 1977 (Administrative Procedures Act).
Section 40-75-200. Every licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training, and the address and telephone number of the board.
Section 40-75-210. During the first year following the effective date of this chapter, the board shall issue without examination the license of "licensed professional counselor" or "licensed marital and family therapist" to any person who meets all of the following qualifications:
(1) resides or intends to practice in this State;
(2) pays an application and licensing fee;
(3) completes any forms prescribed by the board.
In addition, the person shall meet one of the following qualifications for "licensed professional counselor" and the following qualification for "licensed marital and family therapist":
(A) "Licensed professional counselor":
(i) must have earned a valid certificate of certification from a professional counselor certification body such as the National Board of Certified Counselors, the Commission on Rehabilitation Counselor Certification, the National Academy of Certified Clinical Mental Health Counselors, or the American Academy of Psychotherapists and must have had two years of full-time work experience in counseling; or
(ii) shall document no less than twelve years of full-time supervised work experience in a private counseling practice and produce no less than three letters of recommendation from licensed psychiatrists, clinical psychologists, or counseling psychologists certifying to the person's qualifications to be so licensed.
(B) "Licensed marital and family therapist" shall hold membership in the American Association of Marriage and Family Therapy and must have had two years of full-time work experience in marital and family therapy.
Section 40-75-220. Unless otherwise specifically indicated, wherever the words "this chapter" or "provisions of this chapter" appear in any provision of Chapter 75 of Title 40, they must be construed to include regulations promulgated by the board.
Section 40-75-5. Unless otherwise provided for in this Chapter, Article 1, Chapter 1 of Title 40 applies to licensed professional counselors, marriage and family therapists, and psycho-educational specialists regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
Section 40-75-10. (A) There is created the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-educational Specialists composed of nine members appointed by the Governor. Of the nine members, six must be professional members, one from each congressional district in the State. Of the professional members, three must be licensed professional counselors, one of whom must be a certified addictions counselor, and three must be marriage and family therapists. One member must be a psycho-educational specialist. The remaining two members must be at large from the general public and must not be associated with, or financially interested in, the practice of professional counseling, marriage and family therapy, or psycho-educational services.
(B) The membership must be representative of race, ethnicity and gender. The six professional members and the licensed psycho-educational specialist must have been actively engaged in the practice of their respective professions or in the education and training of professional counselors, marriage and family therapists, or psycho-educational specialists for at least five years prior to appointment. Members may be licensed as a licensed professional counselor and a marriage and family therapist. Members are eligible for reappointment. Vacancies must be filled in the same manner as the original appointment for the unexpired portion of the term. Each member shall receive per diem, subsistence, and mileage as allowed by law for members of state boards, commissions, and committees for each day actually engaged in the duties of the office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to time actually spent in conducting examinations.
Section 40-75-20. As used in this article:
(1) 'Alcohol and drug counseling services' means those services offered for a fee as part of the treatment and rehabilitation of persons abusing or dependent upon or affected by alcohol or other drugs and of persons at risk of abusing alcohol or other drugs. The purpose of alcohol and drug counseling services is to help individuals, families, and groups to confront and resolve problems caused by the abuse or dependence upon alcohol or drugs.
(2) 'Approved supervisor' means a licensee who has met the requirements for approval as a professional counselor supervisor or marriage and family therapy supervisor, as provided in regulation.
(3) 'Assessment' in the practice of counseling and therapy means selecting, administering, scoring, and interpreting evaluative or standardized instruments; assessing, diagnosing, and treating, using standard diagnostic nomenclature, a client's attitudes, abilities, achievements, interests, personal characteristics, disabilities, and mental, emotional, and behavioral problems that are typical of the developmental life cycle; and the use of methods and techniques for understanding human behavior in relation to, coping with, adapting to, or changing life situations. A counselor may assess more serious problems as categorized in standard diagnostic nomenclature but only if the counselor has been specifically trained to assess and treat that particular problem. If a client presents with a problem which is beyond the counselor's training and competence, the counselor must refer that problem to a licensed professional who has been specifically trained to diagnose and treat the presenting problem. In all cases, ethical guidelines as established by the board must be followed.
(4) 'Board' means the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-educational Specialists .
(5) 'Client' means a person or patient, whether an individual or a member of a group, a group, an agency or an organization, who receives in an office setting any treatment or service that falls within the scope of practice of a Licensed Professional Counselor or a Marriage and Family Therapist.
(6) 'Consulting' means the application of scientific principles and procedures in counseling and human development to provide assistance in understanding and solving current or potential problems that the client may have in relation to a third party, individuals, groups, and organizations.
(7) 'Director' means the Director of the Department of Labor, Licensing and Regulation.
(8) 'Federally assisted program' means a program directly funded by the federal government, operated by the federal government, certified for Medicaid reimbursement, receiving federal block grant funds through a state or local government, licensed by the federal government, or exempt from paying taxes under a provision of the federal Internal Revenue Code.
(9) 'Intern' means an individual who has met the requirements for licensure as a professional counselor intern or a marriage and family therapy intern under this article and has been issued a license by the board.
(10) 'License' means an authorization to practice counseling or marriage and family therapy issued by the board pursuant to this article and includes an authorization to practice as a professional counselor intern or marriage and family therapy intern.
(11) 'Licensee' means an individual who has met the requirements for licensure under this article and has been issued a license to practice as a professional counselor or professional counselor intern or a marriage and family therapist or marriage and family therapy intern.
(12) 'Licensed professional counselor' means an individual who practices professional counseling.
(13) 'Marriage and family therapy' means the assessment and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems. Marriage and family therapy involves the application of psycho-therapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating diagnosed emotional, mental, behavioral, or addictive disorders.
(14) 'Person' means an individual, organization, or corporation, except that only individuals can be licensed under this article.
(15) 'Practice of marriage and family therapy' means the rendering of marriage and family therapy services to individuals, couples, and families, singly or in groups, whether these services are offered directly to the general public or through organizations, either public or private.
(16) 'Practice of professional counseling' means functioning as a psycho-therapist and may include, but is not limited to, providing individual therapy, family counseling, group therapy, marital counseling, play therapy, couples counseling, chemical abuse or dependency counseling, vocational counseling, school counseling, rehabilitation counseling, intervention, human growth and development counseling, behavioral modification counseling, and hypnotherapy. The practice of professional counseling may include assessment, crisis intervention, guidance and counseling to facilitate normal growth and development, including educational and career development; utilization of functional assessment and counseling for persons requesting assistance in adjustment to a disability or handicapping condition; and consultation and research. The use of specific methods, techniques, or modalities within the practice of licensed professional counseling is restricted to professional counselors appropriately trained in the use of these methods, techniques, or modalities.
(17) 'Referral' means evaluating and identifying needs of a client to determine the advisability of referral to other specialists, informing the client of this determination, and communicating as requested or considered appropriate with these referral sources.
(18) 'Supervision' means the supervision of clinical services in accordance with standards established by the board under the supervision of an approved supervisor.
Section 40-75-30. (A) It is unlawful for a person to practice as a professional counselor or a marriage and family therapist as defined within this article in this State without being licensed in accordance with this article. A professional counselor intern may practice only under the direct supervision of a licensed professional counselor supervisor. A marriage and family therapy intern may practice only under the direct supervision of a licensed marriage and family therapist supervisor, as approved by the board.
(B) A person is guilty of practicing without a license if the person represents himself or herself to be a marriage and family therapist by the use of any title or description of services which incorporates the words 'licensed marital and family therapist,' 'licensed marriage and family therapist,' 'marital and family therapist,' 'marriage and family therapist,' or 'marriage and family counselor' to describe a function or service performed without being licensed by the board. However, members of other professions licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their profession are not considered to be practicing without a license if they do not represent themselves as being licensed pursuant to this article.
(C) A person is guilty of practicing without a license if the person represents himself or herself to be a professional counselor by the use of any title or description of services which incorporates the words 'licensed professional counselor,' 'professional counselor' or 'licensed counselor' without being licensed by the board. However, members of other professions licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their professions are not considered to be practicing without a license if they do not represent themselves as being licensed pursuant to this article.
(D) A person may not represent or advertise himself or herself as an addictions counselor without being certified by the South Carolina Association of Alcoholism and Drug Abuse Counselors Certification Commission or the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or comparable certification issued through an international Certification Reciprocity Consortium/Alcohol and Other Drug Abuse approved certification board or comparable certification issued through a certification board that has been approved by the South Carolina Association of Alcoholism and Drug Abuse Counselors Certification Commission.
(E) A licensed professional counselor or a licensed marital and family therapist may not use the title of 'psycho-therapist'.
Section 40-75-40. Board members from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45. In case of a vacancy on the board, the chair, with the consent of a majority of the sitting board members, may appoint a temporary replacement for the vacated seat. The replacement shall serve until the Governor appoints a replacement for the vacated seat and the appointee qualifies. In all cases, the replacement appointed must fill the same professional or consumer capacity as the predecessor in office held.
Section 40-75-50. (A) In addition to the powers and duties enumerated in Sections 40-1-50, the board shall, at the first board meeting in each calendar year elect from the professional membership a president, a vice president, and any other officer it considers necessary. Regular meetings must be held upon the call of the president or any two members of the board. A majority of the members of the board constitutes a quorum.
(B)(1) The board shall establish the following standards committees:
(a) A licensed professional counselor standards committee composed of a minimum of two professional board members who are licensed professional counselors, one of whom must be a certified additions counselor, and one member from the general public. The committee shall review and recommend the standards for professional counselors to the board.
(b) A marriage and family therapy standards committee composed of a minimum of two professional board members who are licensed marriage and family therapists and a member from the general public. The committee shall review and recommend the standards for marriage and family therapists to the board.
(2) Each standards committee shall:
(a) determine whether applicants meet the qualifications for licensure required by law;
(b) prepare or select, administer and arrange for the grading of the examination;
(c) recommend to the board the issuance of a license to any qualified applicant who passes the examination designed to demonstrate professional competence;
(d) provide for other necessary matters relating to licensure.
(3) The board by majority vote shall approve all recommendations and decisions of a standards committee prior to implementation. No decision of the board which may affect the licensure of professional counselors or marriage and family therapists may become effective without a majority vote of the board.
Section 40-75-60. The board may adopt rules governing its proceedings and internal operations, and may promulgate regulations necessary to carry out the provisions of this chapter.
Section 40-75-70. In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
Section 40-75-80. For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
Section 40-75-90. (A) The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant. Upon receipt of a complaint, the board administrator shall refer the complaint to a designated investigator of the S.C. Department of Labor, Licensing and Regulation, who shall investigate the allegations in the complaint and make a report to the board concerning the investigation. If the board desires to proceed further it may file a formal accusation charging the licensee with a violation of this chapter or a regulation promulgated pursuant to this chapter. The accusation must be signed by the president or vice-president on behalf of the board. When the accusation is filed and the board has set a date and a place for a hearing on the accusation, the administrator shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused by registered mail, return receipt requested, directed to the last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused, is prima facie evidence of service of the notice.
(B) The accused has the right to be present and present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel, at the accused's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential, except as hereinafter provided.
(C) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any member of the board, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may lie against any person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(D) No person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, any witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator may mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation, or proceeding, except to persons involved and having a direct interest in the complaint, investigation or other proceeding and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. However, if the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of a state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. Nothing contained in this section may be construed so as to prevent the board from making public a copy of its final order in any proceeding, as authorized or required by law.
Section 40-75-100. (A) In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter or a regulation promulgated under this chapter.
(B) If the board has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, it may, in addition to all other remedies, order the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge for an injunction restraining the person from the conduct. The judge may issue a temporary injunction ex parte not to exceed ten days and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by the judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
Section 40-75-110. (A) The board may revoke, suspend, publicly or privately reprimand, or restrict a licensee or otherwise discipline a licensee when it is established to the satisfaction of the board that a licensee has:
(1) uttered a false or fraudulent statement or forged a statement or document or committed or practiced a fraudulent, deceitful, or dishonest act in connection with license requirements;
(2) been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction;
(3) violated a regulation, directive, or order of the board;
(4) knowingly performed an act which substantially assists a person to practice counseling or marriage and family therapy illegally;
(5) caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skills or methods or practice of a license holder when malice is shown;
(6) failed to provide and maintain reasonable sanitary facilities;
(7) sustained physical or mental impairment or disability which renders practice dangerous to the public;
(8) violated the code of ethics adopted by the board in regulations;
(9) obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances;
(10) used an intentionally false or fraudulent statement in a document connected with the practice of professional counseling or marriage and family therapy;
(11) been found by the board to lack the professional competence to practice;
(12) practiced during the time his license has lapsed or been suspended or revoked;
(13) has practiced the profession or occupation while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice his profession or occupation.
(B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the board until the licensee is adjudged competent by a court of competent jurisdiction.
Section 40-75-120. Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Sections 40-75-110 or 40-1-110, the board may impose sanctions as provided in Section 40-1-120, including imposing a fine of not more than one thousand dollars for each violation.
Section 40-75-130. As provided for in Section 40-1-130 the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-75-140. A license may not be denied based solely on a person's prior criminal record as provided for in Section 40-1-140.
Section 40-75-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-75-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-75-170. A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-75-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-75-190. (A) No person licensed under this chapter, and no person's employees or associates, shall disclose any information which he or she may have acquired during the course of treatment, except in these instances:
(1) as mandated by Section 20-7-510, requiring certain professionals to report suspected child abuse and neglect and Section 43-35-85, requiring certain professionals to report suspected abuse, neglect, or exploitation of a vulnerable adult;
(2) to prevent a clear and immediate danger to a person or persons;
(3) if the licensee is a defendant in a civil, criminal, or disciplinary action arising from the course of treatment, in which case confidences may be disclosed only in the course of that action;
(4) if the client is a party in a criminal or civil proceeding, including a commitment proceeding;
(5) if a client introduces his mental condition as an element of a claim or defense;
(6) if there is a waiver of confidentiality previously obtained in writing, this information may be revealed only in accordance with the terms of the waiver. In circumstances where more than one person in a family receives treatment conjointly, each family member who is legally competent to execute a waiver must agree to the waiver referred to in this item. Without a waiver from each family member legally competent to execute a waiver, no confidences may be disclosed.
(B) All communications between clients and their licensed professional counselor or marriage and family therapist are considered privileged as provided in Section 19-11-95, protecting confidences between patients of mental illness or emotional condition and licensees under this chapter, and as provided in Section 19-11-100, providing limited protection for persons engaged in the gathering of information for journalistic or literary purposes. Additionally, a licensed professional counselor or a licensed marital and family therapist must maintain privileged communications and patient confidentiality as required of psycho-therapists. All records of treatments maintained by a licensed professional counselor or marriage and family therapist are confidential and must not be disclosed except under the circumstances provided for in this subsection.
(C) A person licensed under this chapter must comply with all applicable State and federal confidentiality laws. A person licensed under this chapter who is employed by, or serves as part of a federally assisted program as defined in the Public Health Service Act, Title 42, Code of Federal Regulation, Part 2 may not release the identity of any person in alcohol or drug abuse treatment except as provided in the Public Health Service Act, Title 42, Code of Federal Regulation.
Section 40-75-200. (A) A person who practices or offers to practice as a counselor or therapist in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
(B) A person violating any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
Section 40-75-210. In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
Section 40-75-220. To be licensed by the board as a professional counselor or marriage and family therapist an individual must:
(1) pay the appropriate fees and pass an examination approved by the board;
(2) complete forms prescribed by the board;
(3) successfully complete a minimum of 48 graduate semester hours during a master's degree or higher degree program and have been awarded a graduate degree as provided in regulation. All course work, including any additional core coursework, must be taken at a college or university accredited by the Commission on the Colleges of the Southern Association of Colleges and Schools, one of its transferring regional associations, the Association of Theological Schools in the United States and Canada, or a post-degree program accredited by the Commission on Accreditation for Marriage and Family Therapy Education or a regionally accredited institution of higher learning subsequent to receiving the graduate degree.
Section 40-75-230. To be licensed as a counselor supervisor or marriage and family therapist supervisor, an individual must:
(1) be licensed in South Carolina in the discipline for which the supervisor license is sought;
(2) have been in the practice of counseling or marriage and family therapy for at least five (5) years;
(3) have met the additional requirements prescribed by the board in regulation.
Section 40-75-240. A professional counselor intern or marriage and family therapy intern license must be issued to an applicant who has satisfied the educational requirements, as specified by the board in regulation, for licensure but who has not yet completed the supervision or experience requirements and has passed the examination required for licensure. An intern who has not completed the requirements for licensure within two years may apply to the board for an extension.
Section 40-75-250. (A) If an applicant satisfies all licensure requirements as provided for in this article, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensed professional counselor or a marriage and family therapist, or of an intern, while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.
(B) A person licensed under this chapter must display the license in a prominent and conspicuous place in the primary place of practice.
(C) Licenses issued under this chapter must be renewed every two years upon the payment of a renewal fee and upon the fulfillment of continuing education as determined by the board in regulation.
(D) A licensee who allows the license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon payment of a reinstatement fee and the current renewal fee. The board, by regulation, may impose additional requirements for reinstatement.
Section 40-75-260. (A) The board may enter into a reciprocal agreement with any state that credentials professional counselors and marriage and family therapists if the board finds that the state has substantially the same or higher licensure requirements.
(B)(1) The board may license an individual who is currently credentialed or meets the requirements of a licensed professional counselor or a licensed marriage and family therapist in another jurisdiction of the United States if the individual has met the same or higher requirements.
(2) The board shall delineate in regulation procedures for verifying an applicant's credentials from another jurisdiction.
(3) The board may not license an applicant who is under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter until the investigation is complete. When deciding a case, the board shall determine what, if any, rules or discipline apply.
(C) The board may grant a license to practice professional counseling or marriage and family therapy to an applicant who has completed an educational program in a college or university in a foreign country if the applicant:
(1) meets all requirements of this article; and
(2) demonstrates to the satisfaction of the board that the applicant's experience, command of the English language, and completed academic program meet the standards of a relevant academic program of an accredited educational institution within the United States. If the requirements of this item are met, the applicant must be considered to have received the education from an accredited educational institution as required by this article.
Section 40-75-270. A licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training and area of specialization. The professional disclosure statement shall also explicitly denote that sexual intimacy between a practitioner and a client is prohibited.
Section 40-75-280. The board may promulgate regulations setting forth a code of ethics for licensees and shall establish regulations pertaining to treatment for impaired practitioners.
Section 40-75-285. This article is for the regulation of the practice of licensed professional counselors and marriage and family therapists only and does not prevent human resource professionals, business consultants, and other persons from providing advice and counseling in their organizations or affiliated groups or to their companies and employees of their companies or from engaging in activities performed in the course of their employment.
Section 40-75-290. This article does not apply to:
(1) salaried employees performing duties for which they were trained and hired solely within a federal, state, county, or local:
(a) governmental agency;
(b) licensed mental health or alcohol or drug abuse facility;
(c) accredited academic institutions;
(d) licensed, formally accredited non-profit agencies; or
(e) research institutions.
(2) persons pursuing a course of study in a regionally accredited educational or training facility as a formal part of a process to obtain a license associated with this article, if the services constitute a part of a supervised course of study;
(3) non-residents, appropriately licensed or credentialed in their home state, who offer services within this State, if these services are performed for no more than 5 days a month, and no more than 30 days in any calendar year; and
(4) volunteers accountable to a sponsoring agency;
(5) qualified members of other professionals licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their profession if they do not represent themselves as being licensed pursuant to this article;
(6) a minister, priest, rabbi, or clergy person of any religious denomination or sect, when the activities are within the scope of performance of his or her regular or specialized ministerial duties, and no fee is received by him or her; or when these activities are performed, with or without compensation, by a person under the auspices or sponsorship of an established church, denomination, or sect and when the person rendering services remains accountable to the established authority and does not hold himself or herself out to the public as possessing a license issued pursuant to this article;
(7) members of peer groups or self help groups when engaging in or offering self-help assistance as part of peer support groups or self help organizations including, but not limited to Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), AA or NA sponsorship, or other uncompensated alcohol or other drug abuse or dependent services;
(8) a person who holds a certification as an addictions counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselor Certification Commission, the National Association of Alcoholism and Drug Abuse Counselor Certification Commission or an International Certification Reciprocity Consortium approved certification board may perform alcohol and drug abuse counseling services if that person works under the direct supervision of a behavioral health professional who is employed in a position that is directly or indirectly funded through the South Carolina Department of Alcohol and Other Drug Abuse Services or its local contract provider programs;
(9) a person who holds a certification as an addictions counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselor Certification Commission, the National Association of Alcoholism and Drug Abuse Counselor Certification, an International Certification Reciprocity Commission approved certification board, the American Academy of Health Care Providers in the Addictive Disorders, the National Board for Certified Counselors, Inc., or any other equivalent, nationally recognized, and South Carolina Department of Alcohol and Other Drug Abuse Services approved association or accrediting body that includes similar competency-based testing, supervision, education, and substantial experience may perform alcohol and drug abuse counseling services in a methadone treatment facility. Persons employed in a methadone treatment facility who lack credentialing may work under the supervision of a credentialed counselor if the person is also enrolled in, and progressing toward, a certification, as referenced in this item, and may not represent or advertise himself as a licensed professional counselor or a licensed marriage and family therapist.
Section 40-75-295. Nothing in this article may be construed to require a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor to provide services or to pay for services provided for in this chapter.
Section 40-75-300. The board shall establish licensure for alcohol and drug counselors consistent with regulations promulgated by the department and the South Carolina Department of Alcohol and Other Drug Abuse Services.
Section 40-75-310. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are severable.
Section 40-75-510. The Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-educational Specialists shall administer the provisions of this article and is the sole authority for issuing licenses pursuant to this article.
Section 40-75-520. (A) The practice of a licensed psycho-educational specialist is the utilization of a unique blend of training, incorporating skills and knowledge of psychology and education, to provide services addressing the educational, personal, and social needs of children and adolescents through assessment, intervention, consultation, counseling, information and referral, planning, training, and supervision in return for compensation. The practice of a licensed psycho-educational specialist includes:
(1) conducting psycho-educational assessments of individual needs using formal and informal psycho-educational measurement techniques including standardized measures of intelligence, aptitude, achievement, skills, development, personality traits, personal and social adjustment, interests, functional assessment, direct observation, interviews with parents, teachers, and other professionals, family histories, ecological data, criterion referenced measures, and curriculum-based assessment;
(2) interpreting assessment data and design and, when appropriate, providing interventions as indicated by the information;
(3) participating in instructional support and intervention teams;
(4) providing group and individual educational counseling for problems of learning, school adjustment, and academic performance;
(5) evaluating information and determining the need for referral to appropriate specialists and supportive services;
(6) providing consultation to clients, parents, teachers, school administrators, school systems, and professional colleagues;
(7) assisting in designing, planning, and developing instructional programs and curriculum;
(8) supervising the work of other licensed psycho-educational specialists.
(B) Whenever important aspects of a case fall outside the licensed psycho-educational specialist's competence, the specialist must obtain appropriate consultations and referrals. A licensed psycho-educational specialist must not attempt to diagnose, prescribe for, treat, or advise a client with reference to a complaint which is outside the scope of practice as provided for in this article.
(C) A licensed psycho-educational specialist employed by a school district may provide private sector services to students living within that district if the:
(1) parent, guardian, surrogate, or adult client is informed in writing, before services are provided, of the individual's eligibility for free services of the same kind from the school district;
(2) client is not a student assigned to any school to which the licensed psycho-educational specialist is assigned;
(3) parent, guardian, surrogate, or adult client is informed that the licensed psycho-educational specialist may not function as an independent evaluator;
(4) licensed psycho-educational specialist does not provide private sector services during hours of contracted employment with a school district;
(5) licensed psycho-educational specialist does not use his or her position within a school district to offer or promote private sector services;
(6) licensed psycho-educational specialist does not utilize tests, materials, or services belonging to the school district in providing private sector services.
(D) School districts employing licensed psycho-educational specialists on a contractual basis during the school year may require, upon contract renewal, notification of intent to perform psycho-educational services in the private sector.
(E) Persons whose practice is covered in this section shall use the title 'Licensed Psycho-educational Specialist' in any advertisement, solicitation, or other written contract with members of the public. The term 'South Carolina Department of Education Certified in School Psychology', along with the certificate number, must be used only in conjunction with the title 'Licensed Psycho-educational Specialist', and only on letterhead, on business cards, and as a signature line in reports written for South Carolina Department of Education schools or private schools.
Section 40-75-530. An applicant for licensure shall complete procedures for application as prescribed by the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Licensed Psycho-educational Specialists. An applicant must furnish the board with satisfactory evidence that the applicant:
(1) holds from a regionally accredited institution of higher education whose program is approved by the National Association of School Psychologists or the American Psychological Association or from a degree program which the board finds to be substantially equivalent based on criteria established by the board in regulation:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which must require sixty semester hours or ninety quarter hours;
(d) or a doctorate in school psychology;
(2) is certified by the South Carolina Department of Education as a school psychologist level II or III;
(3) has served successfully for at least two years as a certified school psychologist in a school psychology or comparable setting, at least one year of which must have been under the supervision of a Licensed Psycho-educational Specialist;
(4) has made a satisfactory score, as prescribed by the board, on the Educational Training Service's School Psychology Examination.
Section 40-75-540. The board shall promulgate regulations in accordance with Chapter 23, Title 1 (Administrative Procedures Act) establishing requirements for continuing education which must be met by a person licensed as a licensed psycho-educational specialist. An applicant for license renewal shall present evidence satisfactory to the board that continuing education requirements have been met.
Section 40-75-550. Upon application, accompanied by the required fee, the board may issue a license to a person who has furnished evidence satisfactory to the board of licensure in another state, a territorial possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico, if the requirements for licensure are equivalent to the requirements of this article, pursuant to the determination of the board.
Section 40-75-560. (A) A person licensed pursuant to this article may use the title 'Licensed Psycho-educational Specialist' and the letters 'LPES' following his or her name.
(B) It is unlawful for a person who is not licensed in accordance with this article to use the title 'Licensed Psycho-educational Specialist'.
(C) A licensee shall display his or her license in a prominent place at each place of practice.
Section 40-75-570. Notwithstanding the provisions of Chapter 55, additional credential lines must be used to indicate legitimate qualifications of the licensee whenever the work being done is for use by a school district or private school. Credential lines shall follow the typed or printed name of the licensee. For South Carolina Department of Education school psychologists, level II, the credential line shall read 'Licensed Psycho-educational Specialist, Certified by South Carolina Department of Education in School Psychology, Certification No. ______'; For Department of Education school psychologists, level III, the credential line shall read 'Licensed School Psychologist, Certified by South Carolina Department of Education in School Psychology, Certification No. ____'; however, to use this credential line a level III school psychologist must be licensed by the South Carolina Board of Examiners in Psychology.
Section 40-75-580. The provisions of Article 1 pertaining to the administrative responsibilities of licensure and regulatory requirements applicable to professional counselors and marriage and family therapists that are not inconsistent with this article also pertain to the licensure and regulation of licensed psycho-educational specialists.
Section 40-75-590. The board shall promulgate regulations necessary to carry out the provisions of this article including a code of ethics for licensed psycho-educational specialists using as resources the code of ethics of the National Association of School Psychologists and other relevant organizations.
Section 40-75-600. Nothing in this article may be construed to create a right in a psycho-educational specialist to:
(1) have paid to a licensed psycho-educational specialist a benefit under:
(a) a self-funded plan providing benefits to residents of this State;
(b) accident and health insurance provided to residents of this State;
(c) a plan of operation established by a health maintenance organization licensed in this State; or
(2) have a claim against a third party payer, however situated."
SECTION 8. An individual qualified on July 1, 1998, to practice as a licensed psycho-educational specialist in this State in accordance with Article 3, Chapter 75, Title 40 of the 1976 Code, as added by Section 7 of this act, must apply for licensure under this act before October 1, 1998. The board shall consider all applications within one year of receiving the applications. The applicant for licensure shall furnish the board with satisfactory evidence that the applicant:
(1) holds South Carolina Department of Education Level II or Level III School Psychology certification or is a Nationally Certified School Psychologist;
(2) has completed two years of experience as a certified school psychologist in a school psychology or comparable setting;
(3) has completed a program of study and field experiences from an accredited educational institution that are primarily psychological in nature, culminating in:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which requires sixty semester hours or ninety quarter hours; or
(d) a doctorate.
SECTION 9. Chapter 75, Title 40 of the 1976 Code is renamed 'Professional Counselors, Marriage and Family Therapists, and Licensed Psycho-educational Specialists'./
Renumber sections to conform.
Amend totals and title to conform.
Rep. LAW explained the amendment.
Rep. KNOTTS requested debate on the Bill.
Upon the withdrawal of requests for debate by Reps. BECK and LIMEHOUSE the following Bill was taken up.
S. 718 -- Senator O'Dell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-55-55 SO AS TO PROHIBIT PRACTICING PSYCHOLOGY WITHOUT A LICENSE; TO AMEND SECTION 40-55-50, RELATING TO ACTS CONSTITUTING PRACTICING AS A PSYCHOLOGIST SO AS TO FURTHER SPECIFY WHAT ACTS CONSTITUTE SUCH PRACTICE; TO AMEND SECTION 40-55-80, AS AMENDED, RELATING TO PSYCHOLOGY LICENSE AND APPLICATION REQUIREMENTS SO AS TO REMOVE THE PROVISIONS THAT A PERSON MAY HAVE A DOCTOR'S DEGREE IN AN ALLIED FIELD RATHER THAN IN PSYCHOLOGY AND THAT A LICENSE MAY BE AWARDED WITHOUT EXAMINATION; TO AMEND SECTION 40-55-90, RELATING TO EXEMPTIONS FROM PSYCHOLOGY LICENSURE SO AS TO FURTHER SPECIFY AND CLARIFY THESE EXEMPTIONS; AND TO AMEND SECTION 40-55-170, AS AMENDED, RELATING TO PENALTIES FOR VIOLATIONS OF THE PSYCHOLOGY PRACTICE ACT SO AS TO CLARIFY THAT IT IS UNLAWFUL FOR A PERSON TO PRACTICE OR OFFER TO PRACTICE PSYCHOLOGY IN VIOLATION OF CHAPTER 55, TITLE 40, TO INCREASE PENALTIES, AND TO REQUIRE THE BOARD TO REFER POSSIBLE VIOLATIONS TO THE SOLICITOR.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\PSD\7423AC.98), which was adopted.
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/SECTION 1. The 1976 Code is amended by adding:
"Section 40-55-55. It is unlawful for a person to engage in the practice of psychology in this State without obtaining a license from the board, except as otherwise authorized by this chapter."
SECTION 2. The 1976 Code is amended by adding:
"Section 40-55-120. All psychologists subject to this chapter must provide patients with a statement of their rights and procedures to file a complaint as prescribed by the board."
SECTION 3. Section 40-55-50 of the 1976 Code is amended to read:
"Section 40-55-50. (A) A person practices as a psychologist within the meaning of this chapter when he:
(1) Holds himself out to be a psychologist or
(2) Renders to individuals or to the public for a fee, monetary or otherwise, any service involving the recognized principles, methods and procedures of the science and profession of psychology, such as: (a) assessment or measurement, through the use of psychological tests and interviews, of intelligence, aptitudes, skills, personality traits, behavior adjustment, attitudes and interests; (b) techniques of personality and behavior readjustment, such as group and individual psychotherapy, remotivation and conditioning. that person holds himself or herself out as a psychologist or applies the principles, methods, or procedures of psychology in the conduct of any of the following activities:
(1) Assessment of individual, family, or group behavioral, emotional, and/or intellectual functioning for the purpose of one or more of the following:
(a) diagnosing mental disorders;
(b) identifying psychological or neuropsychological aspects of other dysfunctions, diseases, or disabilities;
(c) evaluating mental or emotional status including intelligence and aptitude;
(d) identifying personality characteristics;
(e) identifying psychological factors influencing well-being;
(f) selecting, placing, or referring into treatments, programs, or settings;
(g) evaluating the effectiveness of treatments, programs, or settings;
(h) preventing mental disorders or maladaptive behavior related to other dysfunction, disease, or disability.
For purposes of this section, 'assessment' refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: observation, description, testing, appraisal, evaluation, screening, test interpretation, interviewing, diagnosis of mental disorders, neuropsychological testing, psychological testing or evaluation or psycho-educational testing or evaluation, or a combination of any of these for any of the purposes identified in this item.
(2) Engaging in a therapeutic relationship with an individual, family, or group for the purpose of one or more of the following:
(a) improving the quality of mental health or social adjustment, or both;
(b) reducing, preventing, modifying, or eliminating maladaptive or undesired behaviors, cognitions, emotions, or psychological or physical characteristics;
(c) treating diagnosed mental disorders, whether treatment is focused on behavioral manifestations of the disorder, the environmental context of the disorder, or underlying causal processes;
(d) improving individual performance;
(e) modifying cognitions, emotions, or behaviors, or a combination of these, in order to influence psychological well-being;
(f) psychological research; or
(g) any combination of subitems (a) through (f).
For purposes of this section, a 'therapeutic relationship', except as provided for in Section 40-55-90, refers to, but is not limited to, one or more of the following practices insofar as they involve the application of psychological principles, methods, or procedures: psychotherapy, psychoanalysis, therapy, family therapy, marital therapy, couples therapy, play therapy, counseling, rehabilitation, intervention, hypnotherapy, biofeedback, behavior therapy, behavior modification, psychological counseling, human potential psychology, vocational counseling, school counseling, growth psychology, alcohol or substance abuse counseling, or both, or remediation, or a combination of any of these for any of the purposes identified in this item.
(3) Engaging in a psychological consulting relationship with an individual organization, group or community, or a combination of these, for the purpose of:
(a) designing or delivering psychological programs or services, or both;
(b) evaluating psychological programs or services.
For purposes of this section a 'psychological consulting relationship' refers to, but is not limited to, one or more of the following practices insofar as they predominately involve the application of psychological principles, methods, or procedures: consulting, intervention, program evaluation, organizational psychology, environmental psychology, community psychology, and experimental psychology.
(B) A person not otherwise exempt from this chapter is engaged in the practice of psychology when performing any of the activities enumerated in subsection (A), regardless of whether or not payment is received for the services.
Specifically excluded from psychological practice within the meaning of this chapter shall be all of are the physical, chemical, and nonbehavioral aspects of Chapter 47 of Title 40. Nothing in this chapter shall prohibit or limit a licensed physician in the practice of his profession as provided by law.
(C) A person is deemed to be practicing as a psychologist within the meaning of this chapter if the person engages in any of the activities enumerated in subsection (A) electronically within this State including, but not limited to, by means of the internet, phone lines, and personal computer modems."
SECTION 4. Section 40-55-80 of the 1976 Code, as last amended by Act 391 of 1994, is further amended to read:
"Section 40-55-80. To be licensed as a psychologist a person shall make application to the Board of Examiners in Psychology upon forms and in such manner as prescribed by the board. A candidate for licensure shall furnish the board with:
(1) references of individuals having personal knowledge of the candidate's professional experience and competency and the board may not require more than three references unless there are mitigating circumstances; and
(2) satisfactory evidence that the candidate has obtained a doctoral degree in psychology from:
(a) an institution of higher education that is:
(i) regionally accredited by an accrediting body recognized by the United States Department of Education; or
(ii) authorized by provincial statute or royal charter to grant doctoral degrees; and
(b) a program accredited by the American Psychological Association or the Canadian Psychological Association or designated as a psychology program by the designation committee of the National Register of Health Service Providers in Psychology and the Association of State and Provincial Psychology Boards (ASPPB); or
(c) an institution of higher education that is:
(i) regionally accredited by an accrediting body recognized by the U. S. Department of Education; or
(ii) authorized by provincial statute or royal charter to grant doctoral degrees; and
(d) a program that includes at least three years of full-time graduate study not including predoctoral internship as specified in the ASPPB Agreement of Reciprocity and includes instruction in the scientific and professional subject areas specified by the ASPPB Agreement of Reciprocity. Competence must be demonstrated by appropriate course work in each content area as determined by the Board of Examiners in Psychology;
(3) satisfactory evidence that the candidate is competent in psychology as shown by passing written and oral examinations as required by the board;
(4) satisfactory evidence that the candidate has completed two years of supervised experience as approved by the board and specified in the ASPPB Agreement of Reciprocity;
(5) satisfactory evidence that the candidate has not engaged in unethical practices;
(6) satisfactory evidence that the candidate has not within the preceding six months failed an examination given by the board;
(7) a copy of a criminal history record if the applicant has been convicted or plead guilty or nolo contendere to any criminal offense excluding traffic violations; and
(8) documentation of any disciplinary action taken against the applicant while the applicant was participating in a psychology internship program or other psychology-related training program, or during previous psychology-related employment.
(a) has had four years of combined academic training in psychology and qualifying experience including a doctor's degree in psychology from an educational institution which is accredited by a recognized regional accrediting agency of colleges and universities and whose program is accredited by a recognized national accrediting agency or meets criteria established by the American Association of State Psychology Boards (AASPB) or, in lieu of a doctor's degree in psychology, a doctor's degree in a closely allied field if the board finds that the training obtained in that field was substantially equivalent to that obtained in programs leading to the doctor's degree in psychology;
(b) is competent in psychology as shown by passing the examination, written or oral, as the board considers necessary;
(c) has completed two years of supervised experience as approved by the board;
(d) is not engaged in unethical practices; and
(e) has not within the preceding six months failed an examination given by the board.
However, the board may, without an assembled examination, accept adequate evidence of qualifying degrees and experience and award a license to practice psychology."
SECTION 5. Section 40-55-90 of the 1976 Code is amended to read:
"Section 40-55-90. Nothing in (A) This chapter shall be construed: (a) To prevent qualified members of other professional groups, such as physicians, clergymen, lawyers, and social workers, from doing work of a psychological nature consistent with their training and with the codes of ethics of their respective professions; (b) as restricting the use of the term 'social psychologist' by any person (1) who has been graduated with a doctoral degree in sociology from an institution whose credits are accepted by the University of South Carolina and (2) who has passed comprehensive examinations in the field of social psychology as part of the requirement for the doctoral degree or has had equivalent specialized training in social psychology and (3) who has filed with the Board a statement of the facts demonstrating his compliance with conditions (1) and (2); (c) to exclude or prevent psychologists certified by the South Carolina Department of Education from performing services in connection with schools as authorized by such certification; (d) to exclude or prevent school counselors, reading specialists and other educators certified by the South Carolina Department of Education from performing services of a psychological nature consistent with their competency and certification, or college student personnel counselors in accredited colleges and universities from performing services consistent with their competency and occupational roles in such institutions; and (e) to exclude or prevent any person certified by the Department of Education from providing psychological services on a contractual basis with any public or private school or any federal or state agency as authorized by such certification does not require these persons to obtain a license pursuant to this chapter:
(1) a licensed member of another profession who is regulated by the Department of Labor, Licensing and Regulation and who is rendering services of a psychological nature, if the person:
(a) is acting within the scope of practice, as set out by the law regulating the practice;
(b) acts in a manner consistent with the code of ethics of the respective profession; and
(c) does not represent himself to be a psychologist or his services to be psychological;
(2) a member of the clergy of an organized religious society or denomination functioning in a ministerial capacity, if the person does not represent himself to be a psychologist or his services to be psychological;
(3) a matriculated intern or student, enrolled in a recognized training program engaging in activities defined as the practice of psychology if the intern or student does not represent himself by the title of 'psychologist'; however, the intern or student may refer to himself as 'psychology-trainee', 'psychology-intern', or 'psychology-resident', if performing activities under the supervision of a psychologist licensed in this State, in accordance with regulations promulgated by the board;
(4) an individual pursuing board approved postdoctoral training or experience in professional psychology who is performing appropriately supervised activities;
(5) a person certified as a school psychologist by the South Carolina Department of Education if the person's practice is restricted to regularly salaried employment within a setting under the purview of the South Carolina Department of Education and as specified by the terms of employment. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(6) a person certified as a school psychologist by the South Carolina Department of Education who provides contract services of a psychological nature to public schools or private schools or any federal or state agency as authorized by the certification. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(7) a person certified as a school guidance counselor or social worker by the South Carolina Department of Education who provides counseling services or school social work services consistent with the person's certification and training and as specified by the terms of employment. Such practice is restricted to regularly salaried employment within a setting under the purview of the South Carolina Department of Education. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(8) a person employed by a private school as a guidance counselor or social worker who provides services consistent with the person's training. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(9) a government employee of this State or a federal government employee providing services of a psychological nature within the scope of employment. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(10) a South Carolina Department of Alcohol and Other Drug Abuse Services employee who:
(a) holds a certification credential from the South Carolina Association of Alcohol and Drug Abuse Counselors or is a counselor in the process of obtaining such a credential who is currently under the supervision of a South Carolina Association of Alcohol and Drug Abuse Counselors' certified counselor;
(b) is employed in a position that is directly or indirectly funded through the South Carolina Department of Alcohol and Other Drug Abuse Services or its local contract providers; and
(c) provides services of a psychological nature within the scope of his or her employment but does not in any way describe himself or herself or his or her services by any title or description which states or implies that he or she holds a license as otherwise required by this chapter;
(11) a college student personnel counselor in an accredited college or university performing services consistent with the person's training and occupational role in the institution. This person may not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter;
(12) an individual including, but not limited to, an educator, day care provider, hospital worker, member of a police or fire department, or other community worker providing, within the person's normal scope of employment, emotional support, guidance, nurturance, or crisis management intervention to persons in need;
(13) a person employed by any entity whose professional employment is funded through an agency of the State and who provides services of a psychological nature within the scope of employment if the person does not describe himself or his services by any title or description which states or implies that the person holds a license as otherwise required by this chapter.
(B) Nothing in this chapter is intended to prevent an individual from providing, on a voluntary basis, emotional support, nurturance, or crisis management intervention to persons in need.
(C) This chapter is for the regulation of the practice of psychology only and does not prevent human resource professionals, business consultants, and other persons from providing advice and counseling in their organizations or affiliated groups or to their companies and employees of their companies or from engaging in activities performed in the course of their employment."
SECTION 6. Section 40-55-170 of the 1976 Code, as last amended by Act 391 of 1994, is further amended to read:
"Section 40-55-170. (A) A person who practices or offers to practice psychology without being licensed as required by this chapter who violates a provision of this chapter is guilty of a misdemeanor felony and, upon conviction, must be fined not less than one hundred dollars nor more than one fifty thousand dollars or imprisoned not more than one year. Upon reasonable investigation, the board shall refer all complaints which involve possible criminal violations of this chapter to the solicitor in the county where the violation occurred. A resident of the county in which a violation has been found to occur occurred may initiate injunction procedures to prevent the violation from continuing.
(B) Pursuant to Section 40-1-210, the board may in its own name maintain a suit for an injunction against a person who violates a provision of this chapter. The suit must be commenced and prosecuted before an administrative law judge as provided under Article 5, Chapter 23, Title 1. An injunction may be issued without proof of actual damage sustained by a person. An injunction may be issued in addition to any other sanctions provided for in this chapter and the injunction does not relieve a person from criminal prosecution for violation of a provision in this chapter as provided for in subsection (A). The South Carolina Department of Labor, Licensing, and Regulation shall, if requested by the board, represent the board in connection with legal proceedings undertaken pursuant to this chapter."
SECTION 7. Chapter 75, Title 40 of the 1976 Code is amended by adding:
Section 40-75-310. The Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialist shall administer the provisions of this article and is the sole authority for issuing licenses pursuant to this article.
Section 40-75-320. (A) The practice of a licensed psycho-educational specialist is the utilization of a unique blend of training, incorporating skills and knowledge of psychology and education, to provide services addressing the educational, personal, and social needs of children and adolescents through assessment, intervention, consultation, counseling, information and referral, planning, training, and supervision in return for compensation. The practice of a licensed psycho-educational specialist includes:
(1) conducting psycho-educational assessments of individual needs using formal and informal psycho-educational measurement techniques including standardized measures of intelligence, aptitude, achievement, skills, development, personality traits, personal and social adjustment, interests, functional assessment, direct observation, interviews with parents, teachers, and other professionals, family histories, ecological data, criterion referenced measures, and curriculum-based assessment;
(2) interpreting assessment data and design and, when appropriate, providing interventions as indicated by the information;
(3) participating in instructional support and intervention teams;
(4) providing group and individual educational counseling for problems of learning, school adjustment, and academic performance;
(5) evaluating information and determining the need for referral to appropriate specialists and supportive services;
(6) providing consultation to clients, parents, teachers, school administrators, school systems, and professional colleagues;
(7) assisting in designing, planning, and developing instructional programs and curriculum;
(8) supervising the work of other licensed psycho-educational specialists.
(B) Whenever important aspects of a case fall outside the licensed psycho-educational specialist's competence, the specialist must obtain appropriate consultations and referrals. A licensed psycho-educational specialist must not attempt to diagnose, prescribe for, treat, or advise a client with reference to a complaint which is outside the scope of practice as provided for in this article.
(C) A licensed psycho-educational specialist employed by a school district may provide private sector services to students living within that district if the:
(1) parent, guardian, surrogate, or adult client is informed in writing, before services are provided, of the individual's eligibility for free services of the same kind from the school district;
(2) client is not a student assigned to any school to which the licensed psycho-educational specialist is assigned;
(3) parent, guardian, surrogate, or adult client is informed that the licensed psycho-educational specialist may not function as an independent evaluator;
(4) licensed psycho-educational specialist does not provide private sector services during hours of contracted employment with a school district;
(5) licensed psycho-educational specialist does not use his or her position within a school district to offer or promote private sector services;
(6) licensed psycho-educational specialist does not utilize tests, materials, or services belonging to the school district in providing private sector services.
(D) School districts employing licensed psycho-educational specialists on a contractual basis during the school year may require, upon contract renewal, notification of intent to perform psycho-educational services in the private sector.
(E) Persons whose practice is covered in this section shall use the title 'Licensed Psycho-Educational Specialist' in any advertisement, solicitation, or other written contract with members of the public. The term 'South Carolina Department of Education Certified in School Psychology', along with the certificate number, must be used only in conjunction with the title 'Licensed Psycho-Educational Specialist', and only on letterhead, on business cards, and as a signature line in reports written for South Carolina Department of Education schools or private schools.
Section 40-75-330. An applicant for licensure shall complete procedures for application as prescribed by the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialists. An applicant must furnish the board with satisfactory evidence that the applicant:
(1) holds from a regionally accredited institution of higher education whose program is approved by the National Association of School Psychologists or the American Psychological Association or from a degree program which the board finds to be substantially equivalent based on criteria established by the board in regulation:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which must require sixty semester hours or ninety quarter hours;
(d) or a doctorate in school psychology;
(2) is certified by the South Carolina Department of Education as a school psychologist level II or III;
(3) has served successfully for at least two years as a certified school psychologist in a school psychology or comparable setting, at least one year of which must have been under the supervision of a Licensed Psycho-Educational Specialist;
(4) has made a satisfactory score, as prescribed by the board, on the Educational Training Service's School Psychology Examination.
Section 40-75-340. The board shall promulgate regulations in accordance with Chapter 23, Title 1 (Administrative Procedures Act) establishing requirements for continuing education which must be met by a person licensed as a licensed psycho-educational specialist. An applicant for license renewal shall present evidence satisfactory to the board that continuing education requirements have been met.
Section 40-75-360. Upon application, accompanied by the required fee, the board may issue a license to a person who has furnished evidence satisfactory to the board of licensure in another state, a territorial possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico, if the requirements for licensure are equivalent to the requirements of this article, pursuant to the determination of the board.
Section 40-75-370. (A) A person licensed pursuant to this article may use the title 'Licensed Psycho-Educational Specialist' and the letters 'LPES' following his or her name.
(B) It is unlawful for a person who is not licensed in accordance with this article to use the title 'Licensed Psycho-Educational Specialist'.
(C) A licensee shall display his or her license in a prominent place at each place of practice.
Section 40-75-375. Notwithstanding the provisions of Chapter 55, additional credential lines must be used to indicate legitimate qualifications of the licensee whenever the work being done is for use by a school district or private school. Credential lines shall follow the typed or printed name of the licensee. For South Carolina Department of Education school psychologists, level II, the credential line shall read 'Licensed Psycho-Educational Specialist, Certified by South Carolina Department of Education in School Psychology, Certification No. ______'; For Department of Education school psychologists, level III, the credential line shall read 'Licensed School Psychologist, Certified by South Carolina Department of Education in School Psychology, Certification No. ____'; however, to use this credential line a level III school psychologist must be licensed by the South Carolina Board of Examiners in Psychology.
Section 40-75-380. The provisions of Article 1 pertaining to the administrative responsibilities of licensure and regulatory requirements applicable to professional counselors, associate counselors, and marital and family therapists that are not inconsistent with this article also pertain to the licensure and regulation of licensed psycho-educational specialists.
Section 40-75-390. The board shall promulgate regulations necessary to carry out the provisions of this article including a code of ethics for licensed psycho-educational specialists using as resources the code of ethics of the National Association of School Psychologists and other relevant organizations.
Section 40-75-400. Nothing in this chapter may be construed to create a right in a psycho-educational specialist to:
(1) have paid to a licensed psycho-educational specialist a benefit under:
(a) a self-funded plan providing benefits to residents of this State;
(b) accident and health insurance provided to residents of this State;
(c) a plan of operation established by a health maintenance organization licensed in this State; or
(2) have a claim against a third party payer, however situated."
SECTION 8. Section 40-75-20 of the 1976 Code is amended to read:
"Section 40-75-20. There is created the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, and Marital and Family Therapists, and Licensed Psycho-Educational Specialists (hereafter called the 'board'), composed of eight nine members. The Governor shall appoint the following members as follows:
(1) There must be six professional members, one from each of the congressional districts in the State district, three of whom are must be licensed professional counselors and three of whom are must be licensed marital and family therapists.;
(2) one licensed psycho-educational specialist;
(2)(3) There must be two members at large from the general public who are may not be associated with, or financially interested in, the practice of either professional counseling, associate counseling, or marital and family therapy, or school psychology.
The membership must be representative of racial and ethnic minorities and of women. The six professional members and the Licensed Psycho-Educational Specialist must have been actively engaged in the practice of their respective professions or, in the education and training of professional counselors, associate counselors, or marital and family therapists, or school psychologists, respectively, for at least five years prior to before appointment. The initial professional members must, respectively, be eligible for licensure at the time of their appointment and qualification as members. All subsequent professional members must be licensed prior to appointment. Terms of the members are for four years and until their successors are appointed and qualify. Incumbent Members may not hold dual licensure both as a licensed professional counselor and a licensed marital and family therapist. Members are eligible for reappointment but may not serve more than two consecutive terms, except as otherwise specifically provided in this section. Initial members from the first, third, and fifth congressional districts and one of the initial at-large members, as designated by the Governor, shall serve for terms of two years, and these four initial members may serve for up to ten consecutive years on the board. The members must qualify by taking an oath of office before a notary public or other official authorized to administer oaths in the State. Vacancies must be filled in the same manner as original appointment for the unexpired portion of the term. Each member shall receive for his board services per diem, subsistence, and mileage as allowed by law for members of state boards, commissions, and committees for each day actually engaged in the duties of his the office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to and for time actually spent in conducting examinations."
SECTION 9. An individual qualified on July 1, 1998, to practice as a licensed psycho-educational specialist in this State in accordance with Article 3, Chapter 75, Title 40 of the 1976 Code, as added by Section 7 of this act, must apply for licensure under this act before October 1, 1998. The board shall consider all applications within one year of receiving the applications. The applicant for licensure shall furnish the board with satisfactory evidence that the applicant:
(1) holds South Carolina Department of Education Level II or Level III School Psychology certification or is a Nationally Certified School Psychologist;
(2) has completed two years of experience as a certified school psychologist in a school psychology or comparable setting;
(3) has completed a program of study and field experiences from an accredited educational institution that are primarily psychological in nature, culminating in:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which requires sixty semester hours or ninety quarter hours; or
(d) a doctorate.
SECTION 10. (A) Sections 40-75-10 through 40-75-190 of the 1976 Code, are designated as Article 1, Chapter 75, Title 40, entitled 'Professional Counselors, Associate Counselors, and Marital and Family Therapists'.
(B) Chapter 75, Title 40 of the 1976 Code is renamed 'Professional Counselors, Associate Counselors, Marital and Family Therapists, and Licensed Psycho-Educational Specialists'.
SECTION 11. It is the intent of the General Assembly that the provisions of Article 3, Chapter 75, Title 40 of the 1976 Code, as added by this act, supersede the provisions of that article as they may be added by any other enactment in the 1998 Session of the General Assembly.
SECTION 12. This act takes effect July 1, 1998./
Rep. LAW explained the amendment.
The amendment was then adopted.
Reps. CATO, LAW and TRIPP proposed the following Amendment No. 3 (Doc Name P:\AMEND\KGH\15676AC.98), which was adopted.
Amend the bill, as and if amended, by deleting SECTIONS 7 through 11, beginning on Page 718-9, and inserting:
/SECTION 7. Chapter 75, Title 40 of the 1976 Code is amended to read:
Section 40-75-10. This chapter is known and may be cited as the 'Professional Counselor, Associate Counselor, and Marital and Family Therapist Licensing Act'.
Section 40-75-20. There is created the Board of Examiners for the Licensure of Professional Counselors, Associate Counselors, and Marital and Family Therapists (hereafter called the 'board'), composed of eight members. The Governor shall appoint the members as follows:
(1) There must be six professional members, one from each of the congressional districts in the State, three of whom are licensed professional counselors and three of whom are licensed marital and family therapists.
(2) There must be two members at large from the general public who are not associated with, or financially interested in, the practice of either professional counseling, associate counseling, or marital and family therapy.
The membership must be representative of racial and ethnic minorities and of women. The six professional members must have been actively engaged in the practice of their respective professions or in the education and training of professional counselors, associate counselors, or marital and family therapists for at least five years prior to appointment. The initial professional members must, respectively, be eligible for licensure at the time of their appointment and qualification as members. All subsequent professional members must be licensed prior to appointment. Terms of the members are for four years and until their successors are appointed and qualify. Incumbent members may not hold dual licensure both as a licensed professional counselor and a licensed marital and family therapist. Members are eligible for reappointment but may not serve more than two consecutive terms, except as otherwise specifically provided in this section. Initial members from the first, third, and fifth congressional districts and one of the initial at-large members, as designated by the Governor, shall serve for terms of two years, and these four initial members may serve for up to ten consecutive years on the board. The members must qualify by taking an oath of office before a notary public or other official authorized to administer oaths in the State. Vacancies must be filled in the same manner as original appointment for the unexpired portion of the term. Each member shall receive for his services per diem, subsistence, and mileage as allowed by law for members of state boards, commissions, and committees for each day actually engaged in the duties of his office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to time actually spent in conducting examinations.
Section 40-75-30. The board shall:
(1) At the first board meeting in each calendar year elect from the professional membership a president, a vice president, and any other officer it considers necessary. Regular meetings must be held upon the call of the president or any two members of the board. A majority of the members of the board constitutes a quorum.
(2) Establish a standards committee composed of the three professional members who are licensed professional counselors and one of the at-large members from the general public and a standards committee composed of the three professional members who are licensed marital and family therapists and the other at-large member from the general public.
(3) Promulgate regulations to carry out the provisions of this chapter.
(4) Approve the preparation or selection, administration, and the grading of all examinations to applicants for licensure.
(5) Adopt and promulgate in its regulations a code of ethics to govern the conduct of persons licensed under this chapter.
(6) Adopt a seal, the impression of which must be stamped upon all official documents issued by the board.
(7) Keep a full record of all of its proceedings and maintain a complete registry of all license holders or licensees.
(8) License as professional counselors, associate counselors, and marital and family therapists persons who satisfy the respective requirements for licensure.
(9) Assure that no member of the board supervises for a fee any applicant after the applicant has applied for licensure or votes on any applicant the member previously supervised.
The area of concern of the standards committee composed of the three professional members who are licensed professional counselors and one of the at-large members from the general public is professional counselors and associate counselors. The area of concern of the other standards committee is marital and family therapists.
Section 40-75-40. No member of the board and no special examiner, agent, or employee of the board may be held liable for acts performed in the course of official duties except where actual malice is shown. For the purpose of any investigation, inquiry, or proceeding under this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any document or record which the board considers relevant to the investigation, inquiry, or proceeding. In the case of contumacy by, or refusal to obey a subpoena issued to any person, an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, upon application of the board, may issue an order requiring the person to appear before the board or the person designated by it and to produce documentary evidence and to give other evidence concerning the matter under investigation or inquiry.
Whenever the board has reason to believe that any person is violating or intends to violate any provision of the chapter it may order, in addition to all other remedies allowed by law, the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 for an injunction restraining the person from the conduct. An administrative law judge may issue ex parte a temporary injunction not to exceed ten days in duration and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by an administrative law judge as a condition to the issuance of any injunction or order contemplated by the provisions of this section.
Section 40-75-50. (A) Each standards committee shall carry out the following functions as they relate to each committee's respective area of concern:
(1) Determine whether applicants meet the qualifications for licensure required by law.
(2) Prepare or select, administer, and grade examinations.
(3) Recommend to the board the issuance of a license to any qualified applicant who passes the examination designed to demonstrate professional competence.
(4) Provide for other necessary matters relating to licensure.
(B) The board by majority vote shall approve all recommendations and decisions of a standards committee prior to their implementation and no decision of the board which may affect the licensure of professional counselors, associate counselors, or marital and family therapists may become effective without the approval of a majority of the membership of the respective standards committee.
Section 40-75-60. All revenues and income from licenses, examination fees, other fees, and the sale of commodities and services and income derived from any other board source or activity must be remitted to the State Treasurer as collected, when practicable, but at least once each week, and credited to the general fund of the State. All assessments, fees, or licenses must be levied in an amount sufficient to equal at least the amount appropriated in the annual general appropriation act for the board, plus any additional funds allocated by the Budget and Control Board for implementation of the state's personnel compensation plan.
Section 40-75-70. It is unlawful for any person who is not licensed in the manner prescribed in this chapter to represent himself as a licensed professional counselor, licensed associate counselor, or licensed marital and family therapist or to hold himself out to the public as being licensed under this chapter by means of using a title on signs, mailboxes, address plates, stationery, announcements, telephone listings, calling cards, or other instruments of professional identification. Any person violating this section is guilty of a misdemeanor and, upon conviction, must be punished by a fine not to exceed one hundred dollars or by imprisonment not to exceed thirty days or both.
Section 40-75-80. For the purposes of this chapter, the practice of counseling means rendering or offering to render to children, adolescents, and adults, either individually, in groups, or in organizations, for compensation, monetary or otherwise, counseling or psychotherapeutic services, which include the assessment of background and current information in order to identify problems and conflicts, the development of a counseling treatment program, and application of principles, methods, or the procedures of the counseling profession in order to assist children, adolescents, and adults, either individually, in groups, or in organizations, in achieving more effective personal, social, educational, and vocational development and adjustment. The procedures of counseling include, but are not limited to, the following:
(A) 'counseling', which means assisting children, adolescents, and adults, either individually, in groups, or in organizations, through the counseling and psychotherapeutic relationship to develop an understanding of and to explore possible solutions to interpersonal and personal problems and conflicts, to define goals, to make decisions, and to plan a course of action reflecting an individual's or a group's interests, abilities, and mental and emotional needs which include, but are not limited to, personal-social concerns, psychotherapeutic progress, sexual adjustment, developmental difficulties, educational achievement, and occupational and career development.
(B) 'appraisal', which means selecting, administering, scoring, and interpreting instruments designed to assess an individual's aptitudes, abilities, achievements, interests, and personal characteristics, and the use of nonstandardized methods and techniques for understanding human behavior in relationship to coping with, adapting to, or changing life situations.
(C) 'consulting', which means conferring with other professional colleagues, groups, or organizations for the purpose of assisting them in their work with persons who are experiencing personal problems.
(D) 'referral', which means the evaluation of data to identify problems and to determine the advisability of referral to other specialists.
Section 40-75-90. For the purposes of this chapter, the "practice of marital and family therapy" means rendering or offering to render to individuals, marital pairs or similar couples, family groups, either singly or in groups, or the general public marital and family therapy services for compensation, monetary or otherwise. "Marital and family therapy" means a specialized field of psychotherapy which recognizes the importance of marital and family relationships in understanding and treating emotional and mental problems. It centers primarily upon the family system, marital and similar relationships, parent-child relationships, sibling relationships, and other family relationships. It involves the disciplined application of specific principles, methods, and techniques associated with marital and family relationships for the purpose of resolving emotional and mental problems, resolving interpersonal conflict, improving personal functioning, and improving interpersonal relationships. It includes, but is not limited to, premarital, marital, couple, sexual, divorce, and family psychotherapy.
Section 40-75-100. (A) Applicants for licensure shall meet the following qualifications:
(1) pay an application fee;
(2) complete forms prescribed by the board.
(B) In addition to subsection (A) applicants shall meet the following qualifications for the respective license for:
(1) "licensed professional counselor":
(a) earned a doctoral degree which is primarily professional counseling in content and includes clinical experience or the substantial equivalent and, following the receipt of the degree, had two years of full-time work experience in a counseling setting that meets the requirements established by the board; or
(b) earned a master's degree which is primarily professional counseling in content or the substantial equivalent and, following the receipt of the degree, had two years of full-time work experience in a counseling, educational, or community agency setting that meets the requirements established by the board. The work experience must include one thousand five hundred hours of direct clinical contact with either children, adolescents, or adults. One hundred fifty of these hours must include individual supervision, fifty hours of which may be group supervision, in the practice of counseling;
(2) "licensed associate counselor": earned a master's degree which is primarily counseling in content and includes clinical experience and filed a board-approved plan for practice under the supervision of the board;
(3) "licensed marital and family therapist": earned a master's degree which is primarily marital and family therapy in content or taken an equivalent course of study and degree which includes marital and family therapy as determined by the board by regulation and includes clinical experience or the substantial equivalent. Following the receipt of a qualifying degree, these applicants also must have had two years of full-time work experience which includes one thousand hours of direct clinical contact with couples and families and two hundred hours of supervision of which one hundred hours must have been individual supervision in the practice of marital and family therapy. These twelve hundred hours of clinical contact and supervised experience must have been obtained working in a marital and family therapy setting that meets the requirements established by the board by regulation.
(C) Degrees submitted as evidence of educational achievement must have been earned at regionally accredited institutions of higher learning.
(D) The board shall notify each applicant not less than thirty days before the examination that the application and evidence submitted is satisfactory and accepted or unsatisfactory and rejected. If rejected, the notice must state the reasons for rejection.
Section 40-75-105. The board, in its regulations, shall establish criteria for determining acceptable, supervised experience and the qualifications of the supervisor. The board may issue a license for a marital and family therapist supervisor or counselor supervisor and may issue the registration for a counselor supervisor-in-training to a qualified applicant who pays a licensing or registration fee.
Section 40-75-110. The board shall issue a license to any qualified applicant who:
(1) pays an examination fee and passes a board-approved examination designed to demonstrate professional competence in professional counseling, associate counseling, or marital and family therapy;
(2) pays a licensing fee.
Section 40-75-120. The board shall conduct at least one examination in professional counseling, associate counseling, and marital and family therapy each year for qualified applicants. The written examination must be standardized by norm groups that are representative of South Carolina with respect to race, age, sex, and ethnic groups.
Following the examination the board shall notify applicants as to the results. In the event an applicant fails to receive a passing grade on the examination, he must be furnished, upon request, information regarding deficient areas. He may reapply and must be allowed to take a subsequent examination.
Section 40-75-130. Licenses issued under this chapter must be renewed every two years upon the payment of a renewal fee and upon the fulfillment of continuing education as determined by the board by regulation.
Any licensee who allows his license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon satisfactory explanation by the licensee of his failure to renew his license and upon payment of a reinstatement fee and the current renewal fee. If a license has lapsed for more than one year, the board may impose further educational requirements for reinstatement.
Section 40-75-140. Any person is regarded as a "licensed professional counselor" or a "licensed associate counselor" or a "licensed marital and family therapist" within the meaning of this chapter who meets the qualifications and requirements prescribed in this chapter and who is registered and licensed by the board. A license holder or licensee may use the title appearing on his license and the corresponding letters 'LPC' for licensed professional counselor, "LAC" for licensed associate counselor, or "LMFT" for licensed marital and family therapist following his name, as the case may be. Every license holder shall display his license in a prominent place in his place of practice.
Section 40-75-150. Upon application accompanied by a fee and without examination the board may issue a license to any person who has furnished satisfactory evidence that he is licensed either as a professional counselor, associate counselor, or marital and family therapist by another state, a territorial possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico, if the requirements for licensure in those places are substantially equivalent to the requirements of this chapter in the opinion of the board.
Section 40-75-160. The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant. Upon receipt of a complaint, the secretary, or other person as the president may designate, shall investigate the allegations in the complaint and make a report to the board concerning his investigation. In instances where a board member makes the initial investigation or complaint, he may not sit with the board at the hearing of the complaint. If the board desires to proceed further it may file, in its discretion, a formal accusation charging the licensee with a violation of this chapter. The accusation must be signed by the president or vice president on behalf of the board. When the accusation is filed and the board has set a date and a place for a hearing on the accusation, the secretary, or other person as the president may designate, shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused by registered mail, return receipt requested, directed to his last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused, is prima facie evidence of service of the notice.
The accused may appear and show cause why his license should not be suspended or revoked or why other disciplinary action should not be taken. The accused has the right to be confronted with and to cross-examine the witnesses against him and has the right to counsel. For the purposes of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential.
Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any member of the board, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may lie against any person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice.
Nothing contained in this chapter prohibits the accused from regular access to the charges and evidence filed against him as a part of due process under the law.
Section 40-75-170. (A) The board may revoke or suspend a license or reprimand or restrict a licensee or otherwise discipline him when it is established that the licensee is guilty of an act of misconduct as defined in this section. Misconduct is a satisfactory showing to the board that a licensee has:
(1) uttered a false, fraudulent, or forged statement or document or committed or practiced a fraudulent, deceitful, or dishonest act in connection with license requirements;
(2) been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction;
(3) practiced while under the influence of alcohol or drugs to a degree so as to affect adversely his ability to practice;
(4) used alcohol or drugs to a degree so as to affect adversely his ability to practice;
(5) knowingly performed an act which substantially assists a person to practice counseling or marital and family therapy illegally;
(6) caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skills or methods of practice of a license holder when malice is shown;
(7) failed to provide and maintain reasonable sanitary facilities;
(8) sustained physical or mental impairment or disability which renders practice by him dangerous to the public;
(9) violated the code of ethics adopted by the board and published in its regulations;
(10) obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances;
(11) used an intentionally false or fraudulent statement in a document connected with the practice of either professional counseling, associate counseling, or marital and family therapy;
(12) been found by the board to lack the professional competence to practice;
(13) violated this chapter;
(14) practiced during the time his license has lapsed.
(B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the board until the licensee is adjudged competent by a court of competent jurisdiction.
Section 40-75-180. If the board is satisfied that the licensee is guilty of any offense charged in the formal accusation provided for in this chapter, it shall revoke or suspend the license or reprimand or restrict the licensee or otherwise discipline him by taking reasonable action short of revocation or suspension such as requiring the licensee to undertake additional professional training subject to the direction and supervision of the board. The board also may impose other restraints upon the licensee as circumstances warrant until the licensee demonstrates to the board adequate professional competence. In all cases where disciplinary action is taken by the board, written notice of the action must be mailed by the board to the licensee at his last known address as provided to the board.
Any final order of the board finding that a licensee is guilty of any offense charged in a formal accusation becomes public knowledge except for a final order dismissing the accusation or determining that a private reprimand is in order. All final orders which are made public must be mailed to local and state professional associations, all firms or facilities with which the licensee is associated, states where the licensee has a license known to the board, and to any other source to which the board wishes to furnish this information.
Any decision by the board to revoke or suspend a license or to reprimand or restrict a licensee or otherwise to discipline him must be by majority vote and is subject to review by an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 upon a petition filed by the licensee with the court and a copy served upon the secretary of the board, or, if there is no secretary, upon the president, within thirty days from the date of delivery of the board's decision to the licensee. The review must be in accordance with the provisions of Act 176 of 1977 (Administrative Procedures Act).
Section 40-75-200. Every licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training, and the address and telephone number of the board.
Section 40-75-210. During the first year following the effective date of this chapter, the board shall issue without examination the license of "licensed professional counselor" or "licensed marital and family therapist" to any person who meets all of the following qualifications:
(1) resides or intends to practice in this State;
(2) pays an application and licensing fee;
(3) completes any forms prescribed by the board.
In addition, the person shall meet one of the following qualifications for "licensed professional counselor" and the following qualification for "licensed marital and family therapist":
(A) "Licensed professional counselor":
(i) must have earned a valid certificate of certification from a professional counselor certification body such as the National Board of Certified Counselors, the Commission on Rehabilitation Counselor Certification, the National Academy of Certified Clinical Mental Health Counselors, or the American Academy of Psychotherapists and must have had two years of full-time work experience in counseling; or
(ii) shall document no less than twelve years of full-time supervised work experience in a private counseling practice and produce no less than three letters of recommendation from licensed psychiatrists, clinical psychologists, or counseling psychologists certifying to the person's qualifications to be so licensed.
(B) "Licensed marital and family therapist" shall hold membership in the American Association of Marriage and Family Therapy and must have had two years of full-time work experience in marital and family therapy.
Section 40-75-220. Unless otherwise specifically indicated, wherever the words "this chapter" or "provisions of this chapter" appear in any provision of Chapter 75 of Title 40, they must be construed to include regulations promulgated by the board.
Section 40-75-5. Unless otherwise provided for in this Chapter, Article 1, Chapter 1 of Title 40 applies to licensed professional counselors, marriage and family therapists, and psycho-educational specialists regulated by the Department of Labor, Licensing and Regulation. If there is a conflict between this chapter and Article 1, Chapter 1 of Title 40, the provisions of this chapter control.
Section 40-75-10. (A) There is created the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-educational Specialists composed of nine members appointed by the Governor. Of the nine members, six must be professional members, one from each congressional district in the State. Of the professional members, three must be licensed professional counselors, one of whom must be a certified addictions counselor, and three must be marriage and family therapists. One member must be a psycho-educational specialist. The remaining two members must be at large from the general public and must not be associated with, or financially interested in, the practice of professional counseling, marriage and family therapy, or psycho-educational services.
(B) The membership must be representative of race, ethnicity and gender. The six professional members and the licensed psycho-educational specialist must have been actively engaged in the practice of their respective professions or in the education and training of professional counselors, marriage and family therapists, or psycho-educational specialists for at least five years prior to appointment. Members may be licensed as a licensed professional counselor and a marriage and family therapist. Members are eligible for reappointment. Vacancies must be filled in the same manner as the original appointment for the unexpired portion of the term. Each member shall receive per diem, subsistence, and mileage as allowed by law for members of state boards, commissions, and committees for each day actually engaged in the duties of the office, including a reasonable number of days, as determined by board regulation, for preparation and reviewing of applications and examinations in addition to time actually spent in conducting examinations.
Section 40-75-20. As used in this article:
(1) 'Alcohol and drug counseling services' means those services offered for a fee as part of the treatment and rehabilitation of persons abusing or dependent upon or affected by alcohol or other drugs and of persons at risk of abusing alcohol or other drugs. The purpose of alcohol and drug counseling services is to help individuals, families, and groups to confront and resolve problems caused by the abuse or dependence upon alcohol or drugs.
(2) 'Approved supervisor' means a licensee who has met the requirements for approval as a professional counselor supervisor or marriage and family therapy supervisor, as provided in regulation.
(3) 'Assessment' in the practice of counseling and therapy means selecting, administering, scoring, and interpreting evaluative or standardized instruments; assessing, diagnosing, and treating, using standard diagnostic nomenclature, a client's attitudes, abilities, achievements, interests, personal characteristics, disabilities, and mental, emotional, and behavioral problems that are typical of the developmental life cycle; and the use of methods and techniques for understanding human behavior in relation to, coping with, adapting to, or changing life situations. A counselor may assess more serious problems as categorized in standard diagnostic nomenclature but only if the counselor has been specifically trained to assess and treat that particular problem. If a client presents with a problem which is beyond the counselor's training and competence, the counselor must refer that problem to a licensed professional who has been specifically trained to diagnose and treat the presenting problem. In all cases, ethical guidelines as established by the board must be followed.
(4) 'Board' means the South Carolina Board of Licensed Professional Counselors and Marriage and Family Therapists.
(5) 'Client' means a person or patient, whether an individual or a member of a group, a group, an agency or an organization, who receives in an office setting any treatment or service that falls within the scope of practice of a Licensed Professional Counselor or a Marriage and Family Therapist.
(6) 'Consulting' means the application of scientific principles and procedures in counseling and human development to provide assistance in understanding and solving current or potential problems that the client may have in relation to a third party, individuals, groups, and organizations.
(7) 'Director' means the Director of the Department of Labor, Licensing and Regulation.
(8) 'Federally assisted program' means a program directly funded by the federal government, operated by the federal government, certified for Medicaid reimbursement, receiving federal block grant funds through a state or local government, licensed by the federal government, or exempt from paying taxes under a provision of the federal Internal Revenue Code.
(9) 'Intern' means an individual who has met the requirements for licensure as a professional counselor intern or a marriage and family therapy intern under this article and has been issued a license by the board.
(10) 'License' means an authorization to practice counseling or marriage and family therapy issued by the board pursuant to this article and includes an authorization to practice as a professional counselor intern or marriage and family therapy intern.
(11) 'Licensee' means an individual who has met the requirements for licensure under this article and has been issued a license to practice as a professional counselor or professional counselor intern or a marriage and family therapist or marriage and family therapy intern.
(12) 'Licensed professional counselor' means an individual who practices professional counseling.
(13) 'Marriage and family therapy' means the assessment and treatment of mental and emotional disorders, whether cognitive, affective, or behavioral, within the context of marriage and family systems. Marriage and family therapy involves the application of psycho-therapeutic and family systems theories and techniques in the delivery of services to individuals, couples, and families for the purpose of treating diagnosed emotional, mental, behavioral, or addictive disorders.
(14) 'Person' means an individual, organization, or corporation, except that only individuals can be licensed under this article.
(15) 'Practice of marriage and family therapy' means the rendering of marriage and family therapy services to individuals, couples, and families, singly or in groups, whether these services are offered directly to the general public or through organizations, either public or private.
(16) 'Practice of professional counseling' means functioning as a psycho-therapist and may include, but is not limited to, providing individual therapy, family counseling, group therapy, marital counseling, play therapy, couples counseling, chemical abuse or dependency counseling, vocational counseling, school counseling, rehabilitation counseling, intervention, human growth and development counseling, behavioral modification counseling, and hypnotherapy. The practice of professional counseling may include assessment, crisis intervention, guidance and counseling to facilitate normal growth and development, including educational and career development; utilization of functional assessment and counseling for persons requesting assistance in adjustment to a disability or handicapping condition; and consultation and research. The use of specific methods, techniques, or modalities within the practice of licensed professional counseling is restricted to professional counselors appropriately trained in the use of these methods, techniques, or modalities.
(17) 'Referral' means evaluating and identifying needs of a client to determine the advisability of referral to other specialists, informing the client of this determination, and communicating as requested or considered appropriate with these referral sources.
(18) 'Supervision' means the supervision of clinical services in accordance with standards established by the board under the supervision of an approved supervisor.
Section 40-75-30. (A) It is unlawful for a person to practice as a professional counselor or a marriage and family therapist as defined within this article in this State without being licensed in accordance with this article. A professional counselor intern may practice only under the direct supervision of a licensed professional counselor supervisor. A marriage and family therapy intern may practice only under the direct supervision of a licensed marriage and family therapist supervisor, as approved by the board.
(B) A person is guilty of practicing without a license if the person represents himself or herself to be a marriage and family therapist by the use of any title or description of services which incorporates the words 'licensed marital and family therapist,' 'licensed marriage and family therapist,' 'marital and family therapist,' 'marriage and family therapist,' or 'marriage and family counselor' to describe a function or service performed without being licensed by the board. However, members of other professions licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their profession are not considered to be practicing without a license if they do not represent themselves as being licensed pursuant to this article.
(C) A person is guilty of practicing without a license if the person represents himself or herself to be a professional counselor by the use of any title or description of services which incorporates the words 'licensed professional counselor,' 'professional counselor' or 'licensed counselor' without being licensed by the board. However, members of other professions licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their professions are not considered to be practicing without a license if they do not represent themselves as being licensed pursuant to this article.
(D) A person may not represent or advertise himself or herself as an addictions counselor without being certified by the South Carolina Association of Alcoholism and Drug Abuse Counselors Certification Commission or the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or comparable certification issued through an international Certification Reciprocity Consortium/Alcohol and Other Drug Abuse approved certification board or comparable certification issued through a certification board that has been approved by the South Carolina Association of Alcoholism and Drug Abuse Counselors Certification Commission.
(E) A licensed professional counselor or a licensed marital and family therapist may not use the title of 'psycho-therapist'.
Section 40-75-40. Board members from the general public may be nominated by an individual, group, or association and must be appointed by the Governor in accordance with Section 40-1-45. In case of a vacancy on the board, the chair, with the consent of a majority of the sitting board members, may appoint a temporary replacement for the vacated seat. The replacement shall serve until the Governor appoints a replacement for the vacated seat and the appointee qualifies. In all cases, the replacement appointed must fill the same professional or consumer capacity as the predecessor in office held.
Section 40-75-50. (A) In addition to the powers and duties enumerated in Sections 40-1-50, the board shall, at the first board meeting in each calendar year elect from the professional membership a president, a vice president, and any other officer it considers necessary. Regular meetings must be held upon the call of the president or any two members of the board. A majority of the members of the board constitutes a quorum.
(B)(1) The board shall establish the following standards committees:
(a) A licensed professional counselor standards committee composed of a minimum of two professional board members who are licensed professional counselors, one of whom must be a certified additions counselor, and one member from the general public. The committee shall review and recommend the standards for professional counselors to the board.
(b) A marriage and family therapy standards committee composed of a minimum of two professional board members who are licensed marriage and family therapists and a member from the general public. The committee shall review and recommend the standards for marriage and family therapists to the board.
(2) Each standards committee shall:
(a) determine whether applicants meet the qualifications for licensure required by law;
(b) prepare or select, administer and arrange for the grading of the examination;
(c) recommend to the board the issuance of a license to any qualified applicant who passes the examination designed to demonstrate professional competence;
(d) provide for other necessary matters relating to licensure.
(3) The board by majority vote shall approve all recommendations and decisions of a standards committee prior to implementation. No decision of the board which may affect the licensure of professional counselors or marriage and family therapists may become effective without a majority vote of the board.
Section 40-75-60. The board may adopt rules governing its proceedings and internal operations, and may promulgate regulations necessary to carry out the provisions of this chapter.
Section 40-75-70. In addition to the powers and duties provided in this chapter, the board has those powers and duties set forth in Section 40-1-70.
Section 40-75-80. For the purpose of conducting an investigation or proceeding under this chapter, the board or a person designated by the board may subpoena witnesses, take evidence, and require the production of any documents or records which the board considers relevant to the inquiry.
Section 40-75-90. (A) The board may receive complaints by any person against a licensee and may require the complaints to be submitted in writing specifying the exact charge or charges and to be signed by the complainant. Upon receipt of a complaint, the board administrator shall refer the complaint to a designated investigator of the S.C. Department of Labor, Licensing and Regulation, who shall investigate the allegations in the complaint and make a report to the board concerning the investigation. If the board desires to proceed further it may file a formal accusation charging the licensee with a violation of this chapter or a regulation promulgated pursuant to this chapter. The accusation must be signed by the president or vice-president on behalf of the board. When the accusation is filed and the board has set a date and a place for a hearing on the accusation, the administrator shall notify the accused in writing not less than thirty days prior to the hearing and a copy of the accusation must be attached to the notice. The notice must be served personally or sent to the accused by registered mail, return receipt requested, directed to the last mailing address furnished to the board. The post office registration receipt signed by the accused, his agent, or a responsible member of his household or office staff, or, if not accepted by the person to whom addressed, the postal authority stamp showing the notice refused, is prima facie evidence of service of the notice.
(B) The accused has the right to be present and present evidence and argument on all issues involved, to present and to cross-examine witnesses, and to be represented by counsel, at the accused's expense. For the purpose of these hearings, the board may require by subpoena the attendance of witnesses and the production of documents and other evidence and may administer oaths and hear testimony, either oral or documentary, for and against the accused. All investigations, inquiries, and proceedings undertaken under this chapter must be confidential, except as hereinafter provided.
(C) Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any member of the board, pursuant to this chapter, whether by way of complaint or testimony, is privileged and no action or proceeding, civil or criminal, may lie against any person by whom or on whose behalf the communication is made, except upon proof that the communication was made with malice.
(D) No person connected with any complaint, investigation, or other proceeding before the board, including, but not limited to, any witness, counsel, counsel's secretary, board member, board employee, court reporter, or investigator may mention the existence of the complaint, investigation, or other proceeding or disclose any information pertaining to the complaint, investigation, or proceeding, except to persons involved and having a direct interest in the complaint, investigation or other proceeding and then only to the extent necessary for the proper disposition of the complaint, investigation, or other proceeding. However, if the board receives information in any complaint, investigation, or other proceeding before it indicating a violation of a state or federal law, the board may provide that information, to the extent the board considers necessary, to the appropriate state or federal law enforcement agency or regulatory body. Nothing contained in this section may be construed so as to prevent the board from making public a copy of its final order in any proceeding, as authorized or required by law.
Section 40-75-100. (A) In addition to other remedies provided for in this chapter or Chapter 1, the board in accordance with Section 40-1-100 may issue a cease and desist order or may petition an administrative law judge for a temporary restraining order or other equitable relief to enjoin a violation of this chapter or a regulation promulgated under this chapter.
(B) If the board has reason to believe that a person is violating or intends to violate a provision of this chapter or a regulation promulgated under this chapter, it may, in addition to all other remedies, order the person to desist immediately and refrain from the conduct. The board may apply to an administrative law judge for an injunction restraining the person from the conduct. The judge may issue a temporary injunction ex parte not to exceed ten days and, upon notice and full hearing, may issue any other order in the matter it considers proper. No bond may be required of the board by the judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.
Section 40-75-110. (A) The board may revoke, suspend, publicly or privately reprimand, or restrict a licensee or otherwise discipline a licensee when it is established to the satisfaction of the board that a licensee has:
(1) uttered a false or fraudulent statement or forged a statement or document or committed or practiced a fraudulent, deceitful, or dishonest act in connection with license requirements;
(2) been convicted of a felony or other crime involving moral turpitude. Forfeiture of a bond or a plea of nolo contendere is the equivalent of a conviction;
(3) violated a regulation, directive, or order of the board;
(4) knowingly performed an act which substantially assists a person to practice counseling or marriage and family therapy illegally;
(5) caused to be published or circulated directly or indirectly fraudulent, false, or misleading statements as to the skills or methods or practice of a license holder when malice is shown;
(6) failed to provide and maintain reasonable sanitary facilities;
(7) sustained physical or mental impairment or disability which renders practice dangerous to the public;
(8) violated the code of ethics adopted by the board in regulations;
(9) obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances;
(10) used an intentionally false or fraudulent statement in a document connected with the practice of professional counseling or marriage and family therapy;
(11) been found by the board to lack the professional competence to practice;
(12) practiced during the time his license has lapsed or been suspended or revoked;
(13) has practiced the profession or occupation while under the influence of alcohol or drugs or uses alcohol or drugs to such a degree as to render him unfit to practice his profession or occupation.
(B) In addition to other remedies and actions incorporated in this chapter, the license of a licensee adjudged mentally incompetent by a court of competent jurisdiction must be suspended automatically by the board until the licensee is adjudged competent by a court of competent jurisdiction.
Section 40-75-120. Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, as provided for in Sections 40-75-110 or 40-1-110, the board may impose sanctions as provided in Section 40-1-120, including imposing a fine of not more than one thousand dollars for each violation.
Section 40-75-130. As provided for in Section 40-1-130 the board may deny licensure to an applicant based on the same grounds for which the board may take disciplinary action against a licensee.
Section 40-75-140. A license may not be denied based solely on a person's prior criminal record as provided for in Section 40-1-140.
Section 40-75-150. A licensee under investigation for a violation of this chapter or a regulation promulgated under this chapter may voluntarily surrender the license in accordance with Section 40-1-150.
Section 40-75-160. A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.
Section 40-75-170. A person found in violation of this chapter or a regulation promulgated under this chapter may be required to pay costs associated with the investigation and prosecution of the case in accordance with Section 40-1-170.
Section 40-75-180. All costs and fines imposed pursuant to this chapter must be paid in accordance with and are subject to the collection and enforcement provisions of Section 40-1-180.
Section 40-75-190. (A) No person licensed under this chapter, and no person's employees or associates, shall disclose any information which he or she may have acquired during the course of treatment, except in these instances:
(1) as mandated by Section 20-7-510, requiring certain professionals to report suspected child abuse and neglect and Section 43-35-85, requiring certain professionals to report suspected abuse, neglect, or exploitation of a vulnerable adult;
(2) to prevent a clear and immediate danger to a person or persons;
(3) if the licensee is a defendant in a civil, criminal, or disciplinary action arising from the course of treatment, in which case confidences may be disclosed only in the course of that action;
(4) if the client is a party in a criminal or civil proceeding, including a commitment proceeding;
(5) if a client introduces his mental condition as an element of a claim or defense;
(6) if there is a waiver of confidentiality previously obtained in writing, this information may be revealed only in accordance with the terms of the waiver. In circumstances where more than one person in a family receives treatment conjointly, each family member who is legally competent to execute a waiver must agree to the waiver referred to in this item. Without a waiver from each family member legally competent to execute a waiver, no confidences may be disclosed.
(B) All communications between clients and their licensed professional counselor or marriage and family therapist are considered privileged as provided in Section 19-11-95, protecting confidences between patients of mental illness or emotional condition and licensees under this chapter, and as provided in Section 19-11-100, providing limited protection for persons engaged in the gathering of information for journalistic or literary purposes. Additionally, a licensed professional counselor or a licensed marital and family therapist must maintain privileged communications and patient confidentiality as required of psycho-therapists. All records of treatments maintained by a licensed professional counselor or marriage and family therapist are confidential and must not be disclosed except under the circumstances provided for in this subsection.
(C) A person licensed under this chapter must comply with all applicable State and federal confidentiality laws. A person licensed under this chapter who is employed by, or serves as part of a federally assisted program as defined in the Public Health Service Act, Title 42, Code of Federal Regulation, Part 2 may not release the identity of any person in alcohol or drug abuse treatment except as provided in the Public Health Service Act, Title 42, Code of Federal Regulation.
Section 40-75-200. (A) A person who practices or offers to practice as a counselor or therapist in this State in violation of this chapter or a regulation promulgated under this chapter or who knowingly submits false information to the board for the purpose of obtaining a license is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
(B) A person violating any other provision of this chapter or a regulation promulgated under this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned for not more than six months, or both.
Section 40-75-210. In addition to initiating a criminal proceeding for a violation of this chapter, the board may seek civil penalties and injunctive relief in accordance with Section 40-1-210.
Section 40-75-220. To be licensed by the board as a professional counselor or marriage and family therapist an individual must:
(1) pay the appropriate fees and pass an examination approved by the board;
(2) complete forms prescribed by the board;
(3) successfully complete a minimum of 48 graduate semester hours during a master's degree or higher degree program and have been awarded a graduate degree as provided in regulation. All course work, including any additional core coursework, must be taken at a college or university accredited by the Commission on the Colleges of the Southern Association of Colleges and Schools, one of its transferring regional associations, the Association of Theological Schools in the United States and Canada, or a post-degree program accredited by the Commission on Accreditation for Marriage and Family Therapy Education or a regionally accredited institution of higher learning subsequent to receiving the graduate degree.
Section 40-75-230. To be licensed as a counselor supervisor or marriage and family therapist supervisor, an individual must:
(1) be licensed in South Carolina in the discipline for which the supervisor license is sought;
(2) have been in the practice of counseling or marriage and family therapy for at least five (5) years;
(3) have met the additional requirements prescribed by the board in regulation.
Section 40-75-240. A professional counselor intern or marriage and family therapy intern license must be issued to an applicant who has satisfied the educational requirements, as specified by the board in regulation, for licensure but who has not yet completed the supervision or experience requirements and has passed the examination required for licensure. An intern who has not completed the requirements for licensure within two years may apply to the board for an extension.
Section 40-75-250. (A) If an applicant satisfies all licensure requirements as provided for in this article, the board may issue a license to the applicant. A license is a personal right and not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensed professional counselor or a marriage and family therapist, or of an intern, while the license remains current and unrestricted. However, the license is the property of the State and upon suspension or revocation immediately must be returned to the board.
(B) A person licensed under this chapter must display the license in a prominent and conspicuous place in the primary place of practice.
(C) Licenses issued under this chapter must be renewed every two years upon the payment of a renewal fee and upon the fulfillment of continuing education as determined by the board in regulation.
(D) A licensee who allows the license to lapse by failing to renew the license as provided in this section may be reinstated by the board upon payment of a reinstatement fee and the current renewal fee. The board, by regulation, may impose additional requirements for reinstatement.
Section 40-75-260. (A) The board may enter into a reciprocal agreement with any state that credentials professional counselors and marriage and family therapists if the board finds that the state has substantially the same or higher licensure requirements.
(B)(1) The board may license an individual who is currently credentialed or meets the requirements of a licensed professional counselor or a licensed marriage and family therapist in another jurisdiction of the United States if the individual has met the same or higher requirements.
(2) The board shall delineate in regulation procedures for verifying an applicant's credentials from another jurisdiction.
(3) The board may not license an applicant who is under investigation in this or another jurisdiction for an act that would constitute a violation of this chapter until the investigation is complete. When deciding a case, the board shall determine what, if any, rules or discipline apply.
(C) The board may grant a license to practice professional counseling or marriage and family therapy to an applicant who has completed an educational program in a college or university in a foreign country if the applicant:
(1) meets all requirements of this article; and
(2) demonstrates to the satisfaction of the board that the applicant's experience, command of the English language, and completed academic program meet the standards of a relevant academic program of an accredited educational institution within the United States. If the requirements of this item are met, the applicant must be considered to have received the education from an accredited educational institution as required by this article.
Section 40-75-270. A licensee shall make available to each client a copy of a statement of professional disclosure. The statement of professional disclosure shall include the licensee's address and telephone number, fee schedule, educational training and area of specialization. The professional disclosure statement shall also explicitly denote that sexual intimacy between a practitioner and a client is prohibited.
Section 40-75-280. The board may promulgate regulations setting forth a code of ethics for licensees and shall establish regulations pertaining to treatment for impaired practitioners.
Section 40-75-285. This article is for the regulation of the practice of licensed professional counselors and marriage and family therapists only and does not prevent human resource professionals, business consultants, and other persons from providing advice and counseling in their organizations or affiliated groups or to their companies and employees of their companies or from engaging in activities performed in the course of their employment.
Section 40-75-290. This article does not apply to:
(1) salaried employees performing duties for which they were trained and hired solely within a federal, state, county, or local:
(a) governmental agency;
(b) licensed mental health or alcohol or drug abuse facility;
(c) accredited academic institutions;
(d) licensed, formally accredited non-profit agencies; or
(e) research institutions.
(2) persons pursuing a course of study in a regionally accredited educational or training facility as a formal part of a process to obtain a license associated with this article, if the services constitute a part of a supervised course of study;
(3) non-residents, appropriately licensed or credentialed in their home state, who offer services within this State, if these services are performed for no more than 5 days a month, and no more than 30 days in any calendar year; and
(4) volunteers accountable to a sponsoring agency;
(5) qualified members of other professionals licensed in this State including, but not limited to, attorneys, physicians, psychologists, registered nurses, or social workers performing duties consistent with the laws of this State, their training, and any code of ethics of their profession if they do not represent themselves as being licensed pursuant to this article;
(6) a minister, priest, rabbi, or clergy person of any religious denomination or sect, when the activities are within the scope of performance of his or her regular or specialized ministerial duties, and no fee is received by him or her; or when these activities are performed, with or without compensation, by a person under the auspices or sponsorship of an established church, denomination, or sect and when the person rendering services remains accountable to the established authority and does not hold himself or herself out to the public as possessing a license issued pursuant to this article;
(7) members of peer groups or self help groups when engaging in or offering self-help assistance as part of peer support groups or self help organizations including, but not limited to Alcoholics Anonymous (AA) or Narcotics Anonymous (NA), AA or NA sponsorship, or other uncompensated alcohol or other drug abuse or dependent services;
(8) a person who holds a certification as an addictions counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselor Certification Commission, the National Association of Alcoholism and Drug Abuse Counselor Certification Commission or an International Certification Reciprocity Consortium approved certification board may perform alcohol and drug abuse counseling services if that person works under the direct supervision of a behavioral health professional who is employed in a position that is directly or indirectly funded through the South Carolina Department of Alcohol and Other Drug Abuse Services or its local contract provider programs;
(9) a person who holds a certification as an addictions counselor from the South Carolina Association of Alcoholism and Drug Abuse Counselor Certification Commission, the National Association of Alcoholism and Drug Abuse Counselor Certification, an International Certification Reciprocity Commission approved certification board, the American Academy of Health Care Providers in the Addictive Disorders, the National Board for Certified Counselors, Inc., or any other equivalent, nationally recognized, and South Carolina Department of Alcohol and Other Drug Abuse Services approved association or accrediting body that includes similar competency-based testing, supervision, education, and substantial experience may perform alcohol and drug abuse counseling services in a methadone treatment facility. Persons employed in a methadone treatment facility who lack credentialing may work under the supervision of a credentialed counselor if the person is also enrolled in, and progressing toward, a certification, as referenced in this item, and may not represent or advertise himself as a licensed professional counselor or a licensed marriage and family therapist.
Section 40-75-295. Nothing in this article may be construed to require a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor to provide services or to pay for services provided for in this chapter.
Section 40-75-300. The board shall establish licensure for alcohol and drug counselors consistent with regulations promulgated by the department and the South Carolina Department of Alcohol and Other Drug Abuse Services.
Section 40-75-310. If a provision of this chapter or the application of a provision to a person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application and, to this end, the provisions of this chapter are severable.
Section 40-75-510. The Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Psycho-educational Specialists shall administer the provisions of this article and is the sole authority for issuing licenses pursuant to this article.
Section 40-75-520. (A) The practice of a licensed psycho-educational specialist is the utilization of a unique blend of training, incorporating skills and knowledge of psychology and education, to provide services addressing the educational, personal, and social needs of children and adolescents through assessment, intervention, consultation, counseling, information and referral, planning, training, and supervision in return for compensation. The practice of a licensed psycho-educational specialist includes:
(1) conducting psycho-educational assessments of individual needs using formal and informal psycho-educational measurement techniques including standardized measures of intelligence, aptitude, achievement, skills, development, personality traits, personal and social adjustment, interests, functional assessment, direct observation, interviews with parents, teachers, and other professionals, family histories, ecological data, criterion referenced measures, and curriculum-based assessment;
(2) interpreting assessment data and design and, when appropriate, providing interventions as indicated by the information;
(3) participating in instructional support and intervention teams;
(4) providing group and individual educational counseling for problems of learning, school adjustment, and academic performance;
(5) evaluating information and determining the need for referral to appropriate specialists and supportive services;
(6) providing consultation to clients, parents, teachers, school administrators, school systems, and professional colleagues;
(7) assisting in designing, planning, and developing instructional programs and curriculum;
(8) supervising the work of other licensed psycho-educational specialists.
(B) Whenever important aspects of a case fall outside the licensed psycho-educational specialist's competence, the specialist must obtain appropriate consultations and referrals. A licensed psycho-educational specialist must not attempt to diagnose, prescribe for, treat, or advise a client with reference to a complaint which is outside the scope of practice as provided for in this article.
(C) A licensed psycho-educational specialist employed by a school district may provide private sector services to students living within that district if the:
(1) parent, guardian, surrogate, or adult client is informed in writing, before services are provided, of the individual's eligibility for free services of the same kind from the school district;
(2) client is not a student assigned to any school to which the licensed psycho-educational specialist is assigned;
(3) parent, guardian, surrogate, or adult client is informed that the licensed psycho-educational specialist may not function as an independent evaluator;
(4) licensed psycho-educational specialist does not provide private sector services during hours of contracted employment with a school district;
(5) licensed psycho-educational specialist does not use his or her position within a school district to offer or promote private sector services;
(6) licensed psycho-educational specialist does not utilize tests, materials, or services belonging to the school district in providing private sector services.
(D) School districts employing licensed psycho-educational specialists on a contractual basis during the school year may require, upon contract renewal, notification of intent to perform psycho-educational services in the private sector.
(E) Persons whose practice is covered in this section shall use the title 'Licensed Psycho-educational Specialist' in any advertisement, solicitation, or other written contract with members of the public. The term 'South Carolina Department of Education Certified in School Psychology', along with the certificate number, must be used only in conjunction with the title 'Licensed Psycho-educational Specialist', and only on letterhead, on business cards, and as a signature line in reports written for South Carolina Department of Education schools or private schools.
Section 40-75-530. An applicant for licensure shall complete procedures for application as prescribed by the Board of Examiners for the Licensure of Professional Counselors, Marriage and Family Therapists, and Licensed Psycho-educational Specialists. An applicant must furnish the board with satisfactory evidence that the applicant:
(1) holds from a regionally accredited institution of higher education whose program is approved by the National Association of School Psychologists or the American Psychological Association or from a degree program which the board finds to be substantially equivalent based on criteria established by the board in regulation:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which must require sixty semester hours or ninety quarter hours;
(d) or a doctorate in school psychology;
(2) is certified by the South Carolina Department of Education as a school psychologist level II or III;
(3) has served successfully for at least two years as a certified school psychologist in a school psychology or comparable setting, at least one year of which must have been under the supervision of a Licensed Psycho-educational Specialist;
(4) has made a satisfactory score, as prescribed by the board, on the Educational Training Service's School Psychology Examination.
Section 40-75-540. The board shall promulgate regulations in accordance with Chapter 23, Title 1 (Administrative Procedures Act) establishing requirements for continuing education which must be met by a person licensed as a licensed psycho-educational specialist. An applicant for license renewal shall present evidence satisfactory to the board that continuing education requirements have been met.
Section 40-75-550. Upon application, accompanied by the required fee, the board may issue a license to a person who has furnished evidence satisfactory to the board of licensure in another state, a territorial possession of the United States, the District of Columbia, or the commonwealth of Puerto Rico, if the requirements for licensure are equivalent to the requirements of this article, pursuant to the determination of the board.
Section 40-75-560. (A) A person licensed pursuant to this article may use the title 'Licensed Psycho-educational Specialist' and the letters 'LPES' following his or her name.
(B) It is unlawful for a person who is not licensed in accordance with this article to use the title 'Licensed Psycho-educational Specialist'.
(C) A licensee shall display his or her license in a prominent place at each place of practice.
Section 40-75-570. Notwithstanding the provisions of Chapter 55, additional credential lines must be used to indicate legitimate qualifications of the licensee whenever the work being done is for use by a school district or private school. Credential lines shall follow the typed or printed name of the licensee. For South Carolina Department of Education school psychologists, level II, the credential line shall read 'Licensed Psycho-educational Specialist, Certified by South Carolina Department of Education in School Psychology, Certification No. ______'; For Department of Education school psychologists, level III, the credential line shall read 'Licensed School Psychologist, Certified by South Carolina Department of Education in School Psychology, Certification No. ____'; however, to use this credential line a level III school psychologist must be licensed by the South Carolina Board of Examiners in Psychology.
Section 40-75-580. The provisions of Article 1 pertaining to the administrative responsibilities of licensure and regulatory requirements applicable to professional counselors and marriage and family therapists that are not inconsistent with this article also pertain to the licensure and regulation of licensed psycho-educational specialists.
Section 40-75-590. The board shall promulgate regulations necessary to carry out the provisions of this article including a code of ethics for licensed psycho-educational specialists using as resources the code of ethics of the National Association of School Psychologists and other relevant organizations.
Section 40-75-600. Nothing in this article may be construed to create a right in a psycho-educational specialist to:
(1) have paid to a licensed psycho-educational specialist a benefit under:
(a) a self-funded plan providing benefits to residents of this State;
(b) accident and health insurance provided to residents of this State;
(c) a plan of operation established by a health maintenance organization licensed in this State; or
(2) have a claim against a third party payer, however situated."
SECTION 8. An individual qualified on July 1, 1998, to practice as a licensed psycho-educational specialist in this State in accordance with Article 3, Chapter 75, Title 40 of the 1976 Code, as added by Section 7 of this act, must apply for licensure under this act before October 1, 1998. The board shall consider all applications within one year of receiving the applications. The applicant for licensure shall furnish the board with satisfactory evidence that the applicant:
(1) holds South Carolina Department of Education Level II or Level III School Psychology certification or is a Nationally Certified School Psychologist;
(2) has completed two years of experience as a certified school psychologist in a school psychology or comparable setting;
(3) has completed a program of study and field experiences from an accredited educational institution that are primarily psychological in nature, culminating in:
(a) a master's degree plus thirty hours;
(b) a sixty hour master's degree;
(c) a specialist's degree, which requires sixty semester hours or ninety quarter hours; or
(d) a doctorate.
SECTION 9. Chapter 75, Title 40 of the 1976 Code is renamed 'Professional Counselors, Marriage and Family Therapists, and Licensed Psycho-educational Specialists'./
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. CATO proposed the following Amendment No. 4 (Doc Name P:\AMEND\KGH\15675AC.98), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 40-55-190. Nothing in this chapter may be construed to require a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor to provide services or to pay for services provided for in this chapter. If payment or reimbursement for these services is provided by a health maintenance organization, a self-funded plan, an accident and health insurer, or any other third party payor, the provisions of Section 38-71-200 apply."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. CATO explained the amendment.
The amendment was then adopted.
Rep. COTTY proposed the following Amendment No. 5 (Doc Name P:\AMEND\GJK\21589AC.98), which was adopted.
Amend the bill, as and if amended, Section 40-55-90(A) as contained in SECTION 5, page 718-8, beginning on line 30, by striking /./ and inserting /;/ and by inserting:
/ (14) registered nurses./
Renumber sections to conform.
Amend totals and title to conform.
Rep. COTTY explained the amendment.
The amendment was then adopted.
Rep. CATO explained the Bill.
The Bill, as amended, was read the second time and ordered to third reading by a division vote of 88 to 6.
Rep. SCOTT asked unanimous consent that S. 718 be read a third time tomorrow.
Rep. ROBINSON objected.
Rep. SEITHEL asked unanimous consent to recall S. 276 from the Committee on Agriculture, Natural Resources and Environmental Affairs.
Rep. KIRSH objected.
Rep. COBB-HUNTER asked unanimous consent to recall S. 547 from the Committee on Ways and Means.
Rep. RODGERS objected.
Rep. GOVAN asked unanimous consent to recall H. 5195 from the Committee on Education and Public Works.
Rep. HINSON objected.
Rep. HOWARD asked unanimous consent to recall S. 249 from the Committee on Judiciary.
Rep. HARRISON objected.
Rep. WILDER asked unanimous consent to recall S. 1163 from the Committee on Medical, Military, Public and Municipal Affairs.
Rep. KNOTTS objected.
On motion of Rep. WHIPPER, with unanimous consent, the following Bill was ordered recalled from the Committee on Education and Public Works.
S. 1188 -- Senators Passailaigue and McConnell: A BILL TO AMEND CHAPTER 23, TITLE 57, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HIGHWAY BEAUTIFICATION AND SCENIC ROUTES, BY ADDING ARTICLE 6, SO AS TO DESIGNATE SOUTH CAROLINA HIGHWAY 61, FROM CHURCH CREEK BRIDGE AND TEN MILES NORTH, A SCENIC BYWAY AND TO MAKE THE DESIGNATED HIGHWAY SUBJECT TO THE OUTDOOR ADVERTISING ACT.
Rep. MOODY-LAWRENCE asked unanimous consent to recall H. 4960 from the Committee on Judiciary.
Rep. SIMRILL objected.
Rep. HASKINS moved that when the House adjourns it adjourn to meet at 11:00 A.M. on Tuesday, June 2, which was agreed to.
The veto on the following Act was taken up.
(R379) H. 4540 -- Reps. Loftis and Leach: AN ACT TO AMEND ACT 1027 OF 1970, RELATING TO THE CREATION OF THE DUNCAN CHAPEL FIRE DISTRICT IN GREENVILLE COUNTY, SO AS TO PROVIDE FOR THE FILLING OF VACANCIES FOR MEMBERS OF THE GOVERNING BODY OF THE DISTRICT.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Easterday Hamilton Leach Loftis Tripp Vaughn Wilkins
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R387) H. 4912 -- Reps. Baxley, Neilson and J. Hines: AN ACT TO AMEND ACT 1797 OF 1972, RELATING TO THE HARTSVILLE PARKING, BEAUTIFICATION AND BUSINESS IMPROVEMENT DISTRICT IN DARLINGTON COUNTY, SO AS TO EXPAND THE AREA OF THE DISTRICT.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Cromer Hines, J. Neilson
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R391) H. 4968 -- Reps. Hawkins, Littlejohn, Lee and Davenport: AN ACT TO AMEND ACT 1195 OF 1958, AS AMENDED, RELATING TO THE WEST VIEW-FAIRFOREST FIRE DISTRICT CONTROL BOARD, SO AS TO INCREASE THE BOARD FROM THREE TO FIVE MEMBERS.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Hawkins Littlejohn Vaughn
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R397) H. 5029 -- Reps. McGee, J. Hines, McKay and M. Hines: AN ACT TO CREATE THE FLORENCE COURT LIBRARY COMMISSION FOR THE PURPOSE OF ESTABLISHING AND OPERATING A LAW LIBRARY IN FLORENCE COUNTY; TO PROVIDE FOR ITS POWERS AND DUTIES; TO INCREASE THE AMOUNT OF COURT COSTS ASSESSED FLORENCE COUNTY CRIMINAL BOND FORFEITURES AND FINES FOR THE SUPPORT OF THE LIBRARY AND TO PROVIDE FOR THE DEPOSIT AND DISBURSEMENT OF FUNDS.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Askins Hines, J. Hines, M. McGee
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R401) H. 5052 -- Rep. Bauer: AN ACT TO AMEND ACT 329 OF 1969, AS AMENDED, RELATING TO THE IRMO-CHAPIN RECREATION DISTRICT IN LEXINGTON COUNTY, SO AS TO AUTHORIZE THE DISTRICT TO COMMISSION AND TRAIN QUALIFIED ENFORCEMENT OFFICERS.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Bauer Gamble Knotts McLeod Spearman Stuart
Those who voted in the negative are:
So, the veto of the Governor was overridden and a message was ordered sent to the Senate accordingly.
The veto on the following Act was taken up.
(R404) H. 5103 -- Reps. Miller and T. Brown: AN ACT TO AMEND ACT 515 OF 1996, RELATING TO THE DEVOLUTION OF THE AUTHORITY FOR APPOINTMENTS AND BUDGETARY APPROVALS FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS FROM THE JOINT LEGISLATIVE DELEGATION REPRESENTING GEORGETOWN COUNTY TO THE GOVERNING BODY OF THAT COUNTY, SO AS TO RESTORE THOSE DEVOLVED POWERS TO THE DELEGATION FOR CERTAIN OFFICES, BOARDS, AND COMMISSIONS AND PROVIDE THAT APPOINTMENTS TO THESE OFFICES, BOARDS, AND COMMISSIONS BE MADE ON A ROTATING BASIS BY RESIDENT DELEGATION MEMBERS WITH ADVICE AND CONSENT OF THE SENATORS.
The question was put, shall the Act become a part of the law, the veto of his Excellency, the Governor to the contrary notwithstanding, the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Battle Cromer Miller
Those who voted in the negative are:
Brown, T. Scott
So, the veto of the Governor was sustained and a message was ordered sent to the Senate accordingly.
The Senate amendments to the following Bill were taken up for consideration.
H. 3901 -- Reps. Sharpe and McLeod: A BILL TO AMEND TITLE 46, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
CHAPTER 50 SO AS TO ENACT THE SOUTHERN INTERSTATE DAIRY COMPACT ACT OF 1997, TO PROVIDE THAT THE GOVERNOR MAY EXECUTE AN INTERSTATE DAIRY COMPACT WITH THE DESIGNATED COMPACT STATES SO AS TO ADOPT THE SOUTHERN INTERSTATE DAIRY COMPACT, TO PROVIDE WHEN THE COMPACT BECOMES OPERATIVE AND EFFECTIVE, AND THAT WHEN THE COMPACT BECOMES EFFECTIVE, IT IS THE POLICY OF THIS STATE TO PERFORM AND CARRY OUT THE PROVISIONS OF THE COMPACT, TO PROVIDE THAT THE COMMISSIONER OF AGRICULTURE IS THE COMPACT ADMINISTRATOR FOR THIS STATE, TO PROVIDE FOR THE STATE'S DELEGATION TO THE SOUTHERN INTERSTATE DAIRY COMPACT COMMISSION, AND FOR MEMBERSHIP, APPOINTMENTS, TERMS, AND FILLING OF VACANCIES ON THE DELEGATION, TO PROVIDE FOR PER DIEM AND REIMBURSEMENT OF TRAVEL EXPENSES FOR MEMBERS OF THE DELEGATION, TO PROVIDE FOR FUNDING, FACILITIES, ASSISTANCE, AND ACCESS TO INFORMATION AND DATA FROM OTHER STATE OFFICERS, AGENCIES, AND EMPLOYEES, AND FROM PRIVATE PERSONS BY LAWFUL MEANS, TO ASSIST THE DELEGATION IN CARRYING OUT THE PURPOSES OF THE COMPACT, TO PROVIDE FOR THE ADOPTION OF RULES AND REGULATIONS AS NECESSARY TO CARRY OUT THE PURPOSES OF THE COMPACT AND THIS CHAPTER, INCLUDING PROVISIONS FOR THE REVOCATION OR FORFEITURE OF LICENSES, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS OF THE PROVISIONS OF THE COMPACT, RELATED RULES AND REGULATIONS, OR THE PROVISIONS OF THIS CHAPTER.
Rep. SHARPE moved to adjourn debate upon the Senate amendments until Tuesday, June 2, which was adopted.
The Senate amendments to the following Bill were taken up for consideration.
H. 3889 -- Reps. Kelley, Whatley, Knotts, Neilson, Simrill, Keegan, Edge, Clyburn, Robinson, Rodgers, J. Hines, Barrett, Witherspoon, Miller, Maddox, Byrd, Battle and McKay: A BILL TO AMEND TITLE 38, CHAPTER 71, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT AND HEALTH INSURANCE, BY ADDING ARTICLE 15 TO ENACT THE "EMERGENCY SERVICES ACT" SO AS TO PROVIDE THAT PROSPECTIVE AUTHORIZATION FOR TREATMENT IN AN EMERGENCY MEDICAL FACILITY IS NOT REQUIRED IF IN THE OPINION OF THE ATTENDING PHYSICIAN TREATMENT IS NEEDED TO STABILIZE THE CONDITION.
Rep. CATO explained the Senate amendment.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4500 -- Rep. Boan: A BILL TO AMEND CHAPTER 53, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TECHNICAL AND VOCATIONAL EDUCATION AND TRAINING, BY ADDING ARTICLE 18 SO AS TO CODIFY A PREVIOUSLY UNCODIFIED ACT ESTABLISHING THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION AND IN THE CODIFIED ACT RENAMING THE GOVERNING BOARD AS THE WILLIAMSBURG TECHNICAL COLLEGE COMMISSION AND PROVIDING THAT THE MEMBERS OF THE FORMER COMMISSION BOARD ARE DEEMED TO HAVE BEEN APPOINTED TO THE GOVERNING BOARD OF THE NEWLY CONSTITUTED COMMISSION; TO AMEND SECTIONS 59-53-210, 59-53-240, 59-53-410, 59-53-710, 59-53-910, AND 59-53-1410, ALL RELATING TO THE ESTABLISHMENT OF THE GOVERNING BODIES OF VARIOUS OF THE STATE'S TECHNICAL COLLEGES, SO AS TO CHANGE THE NAMES OF THE GOVERNING BODIES TO REFLECT THE REVISED NAMES OF THE INSTITUTIONS ADMINISTERED BY THESE BOARDS AND TO DELETE OBSOLETE PROVISIONS AND MAKE GRAMMATICAL CHANGES, AND TO REPEAL ACT 58 OF 1969, RELATING TO THE ESTABLISHMENT OF THE WILLIAMSBURG TECHNICAL, VOCATIONAL AND ADULT EDUCATION CENTER COMMISSION.
Reps. STILLE and LAW proposed the following Amendment No. 1A (Doc Name P:\AMEND\BBM\9937MM.98), which was adopted.
Amend the bill, as and if amended, Section 59-53-410, SECTION 3, page 4500-5, beginning at line 24, by deleting the SECTION in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. STILLE explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4886 -- Reps. Sharpe and Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-565 SO AS TO PROVIDE FOR THE MANNER IN WHICH AND CONDITIONS UNDER WHICH "ARCHERY EQUIPMENT", "BOW AND ARROWS", AND "CROSSBOWS" MAY BE USED IN THE HUNTING AND TAKING OF CERTAIN GAME.
Rep. SHARPE made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Joint Resolution were taken up for consideration.
H. 4549 -- Reps. Allison, Hamilton, Altman, G. Brown, Inabinett, Rice, Mason, Stoddard, Beck, Sandifer, McKay, Battle, R. Smith, Walker, Canty, Keegan, Lloyd, Phillips, Rhoad, Riser, Breeland, McCraw, M. Hines, Neal, F. Smith, Mack, Wilkes, Byrd, Moody-Lawrence, Bauer, Barrett, Carnell, Jennings, D. Smith, Simrill, Vaughn, Young, Robinson, McGee, Rodgers, Littlejohn, Bowers, Jordan, Cave, Stille, Baxley, Gamble, Govan and McLeod: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF MENTAL HEALTH TO DEVELOP AND SUBMIT TO THE GENERAL ASSEMBLY A PROPOSAL FOR THE CONSTRUCTION AND OPERATION OF A NURSING HOME FACILITY FOR STATE VETERANS.
Rep. ALLISON explained the Senate amendment.
The Senate amendments were agreed to, and the Joint Resolution, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The Senate amendments to the following Bill were taken up for consideration.
H. 4802 -- Reps. McKay, Boan, Quinn, Koon, McGee and H. Brown: A BILL TO AMEND TITLE 50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FISH, GAME, AND WATERCRAFT BY ADDING SECTION 50-21-425 AND SECTION 50-23-295, SO AS TO PREVENT RENEWAL OF REGISTRATION OR TRANSFER OF REGISTRATION OR TRANSFER OF CERTIFICATE OF TITLE OF WATERCRAFT WITH DELINQUENT PROPERTY TAXES.
Rep. SHARPE proposed the following Amendment No. 1A, which was adopted.
Amend the bill, as and if amended, by striking SECTION 2 in its entirety.
Renumber sections to conform.
Rep. SHARPE explained the amendment.
The amendment was then adopted.
The Senate amendments, as amended, were then agreed to and the Bill ordered returned to the Senate.
The Senate amendments to the following Bill were taken up for consideration.
H. 4757 -- Reps. Barfield, Battle, T. Brown, Davenport, Edge, Miller, Sharpe, Witherspoon, Mullen, Rhoad, Hamilton and J. Smith: A BILL TO AMEND SECTION 50-21-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LAWS OR ORDINANCES GOVERNING THE OPERATION AND EQUIPPING OF VESSELS OPERATED ON THE WATERS OF THIS STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY ESTABLISH TEMPORARY OR PERMANENT SLOW SPEED ZONES BY DESIGNATING THE AREAS WITH REGULATORY MARKERS, AND TO PROVIDE THAT WHENEVER FLOOD CONDITIONS MAKE OPERATION OF WATERCRAFT HAZARDOUS OR DANGEROUS TO PERSONS OR PROPERTY, THE DEPARTMENT HAS THE AUTHORITY TO TEMPORARILY CLOSE AREAS OF THE WATERS OF THIS STATE TO ALL RECREATIONAL VESSELS AND COMMERCIAL FISHING VESSELS FOR A PERIOD NOT TO EXCEED TEN DAYS, AND TO PROVIDE FOR CERTAIN EXTENSIONS OF AND EXCEPTIONS TO THIS CLOSURE.
Rep. SHARPE made the Point of Order that the Senate amendments were improperly before the House for consideration since its number and title have not been printed in the House Calendar at least one statewide legislative day prior to second reading.
The SPEAKER sustained the Point of Order.
The Senate amendments to the following Bill were taken up for consideration.
H. 4453 -- Reps. Littlejohn, Seithel, J. Smith, Hinson, Meacham, Gourdine, Byrd, Moody-Lawrence, Walker, Kirsh, Mason, Allison and Vaughn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 50-11-15, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO BAIT, ASSIST IN BAITING, OR CAUSE TO BE BAITED AN AREA OVER WHICH MIGRATORY BIRDS ARE BEING HUNTED, TO PROVIDE PENALTIES FOR VIOLATIONS OF THIS PROVISION, AND TO PROVIDE EXCEPTIONS.
Rep. SHARPE explained the Bill.
The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.
The following Bill was taken up, read the third time, and ordered returned to the Senate with amendments.
S. 778 -- Senator Bryan: A BILL TO AMEND VARIOUS SECTIONS OF CHAPTER 47, TITLE 23, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC SAFETY COMMUNICATION, SO AS TO ADD APPROPRIATE DEFINITIONS; ESTABLISH A MONTHLY COMMERCIAL MOBILE RADIO SERVICE (CMRS) 911 CHARGE FOR EACH CMRS CONNECTION WITH A SOUTH CAROLINA BILLING ADDRESS OR MOBILE IDENTIFICATION NUMBER CONTAINING A SOUTH CAROLINA AREA CODE; TO ESTABLISH THE CMRS EMERGENCY TELEPHONE SERVICE BOARD AND PROVIDE FOR ITS COMPOSITION AND FUNCTIONS; TO PROVIDE FOR ALLOCATION AND DISTRIBUTION OF THE REVENUES GENERATED BY THE COLLECTION OF THE CMRS 911 CHARGES; AND TO EXEMPT CERTAIN CMRS PROVIDERS, OR SERVICE SUPPLIERS, AND THEIR OFFICERS, EMPLOYEES, ASSIGNS, OR AGENTS FROM CIVIL AND CRIMINAL LIABILITY IN CONNECTION WITH DEVELOPMENT, DESIGN, INSTALLATION, OPERATION, MAINTENANCE, PERFORMANCE,
OR PROVISION OF 911 SERVICE AND PROVISION OF SUBSCRIBER INFORMATION TO GOVERNMENTAL ENTITIES.
The following Bill was taken up, read the third time, and ordered sent to the Senate.
H. 4977 -- Rep. McLeod: A BILL TO AMEND SECTION 56-5-6240, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FORFEITURE, CONFISCATION, AND DISPOSITION OF VEHICLES SEIZED FROM A PERSON CONVICTED OF DRIVING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS, OR WHILE HIS LICENSE IS SUSPENDED, SO AS TO REVISE THE PROCEDURE TO DISPOSE A FORFEITED VEHICLE IF THE CONVICTED PERSON FAILS TO FILE AN APPEAL WITHIN TEN DAYS OF HIS CONVICTION.
The following Concurrent Resolution was taken up.
S. 1009 -- Senators McConnell and Passailaigue: A CONCURRENT RESOLUTION TO MEMORIALIZE THE SOUTH CAROLINA CONGRESSIONAL DELEGATION AND THE UNITED STATES CONGRESS TO REJECT ANY LEGISLATION THAT WOULD EXEMPT HEALTH PLANS SPONSORED BY ASSOCIATIONS AND MULTIPLE EMPLOYER WELFARE ARRANGEMENTS FROM STATE INSURANCE STANDARDS AND OVERSIGHT.
Whereas, Congress is considering legislation to exempt insurance arrangements offered by associations and multiple employer welfare arrangements from state insurance reform standards; and
Whereas, this proposal would allow associations and multiple employer welfare arrangements to be regulated by the federal government under inadequate federal standards; and
Whereas, Congress explicitly gave states authority to regulate multiple employer welfare arrangements in 1983 after numerous cases of fraud, abuse, and insolvency regarding multiple employer welfare arrangements; and
Whereas, the states, as the primary regulators of the local insurance market, are better able to ensure effective regulation of these entities than the federal government; and
Whereas, federal preemption would undermine efforts states have made to protect consumers through establishing minimum standards for health plans; and
Whereas, federal preemption would undermine state insurance reforms passed in recent years at the urging of business groups to improve access and affordability for small employers; and
Whereas, this exemption would seriously erode the funding mechanisms of access measures for the uninsured and for uncompensated care enacted by the states. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the South Carolina General Assembly, by this resolution, memorialize the South Carolina Congressional Delegation and the United States Congress to reject any legislation that would exempt health plans sponsored by associations and multiple employer welfare arrangements from state insurance standards and oversight.
Be it further resolved that a copy of this resolution be forwarded to each member of the South Carolina Congressional Delegation, the Speaker of the United States House of Representatives, and the President of the United States Senate.
The Concurrent Resolution was adopted and ordered returned to the Senate by a division vote of 40 to 9.
The following Concurrent Resolution was taken up.
H. 5148 -- Rep. Quinn: A CONCURRENT RESOLUTION TO DECLARE THE MONTH OF AUGUST, 1998, AS "GANG VIOLENCE AWARENESS MONTH" IN SOUTH CAROLINA IN ORDER TO RAISE PUBLIC AWARENESS OF THIS INCREASING PROBLEM IN OUR STATE, AND TO REQUEST THE ATTORNEY GENERAL TO PROVIDE A REPORT TO THE GENERAL ASSEMBLY ON THE STATUS OF GANG VIOLENCE IN SOUTH CAROLINA TO INFORM PARENTS AND OTHERS OF THE PROBLEM OF CRIMINAL GANGS.
Whereas, criminal gang activity has been on the rise in the State of South Carolina; and
Whereas, one of the primary functions of government is to promote public safety; and
Whereas, the General Assembly desires to promote public safety for the citizens of our State in part by focusing on the problem of criminal gangs; and
Whereas, parents, members of the General Assembly, law enforcement officials, and school officials need to be educated on the issue of gang violence and other criminal gang activities; and
Whereas, this issue also needs public awareness to deter our young citizens from becoming members of criminal gangs. Now, therefore,
Be it resolved by the House of Representatives, the Senate concurring:
That the General Assembly hereby declares the month of August, 1998, as "Gang Violence Awareness Month" in South Carolina in order to raise public awareness of this increasing problem in our State.
Be it further resolved that the Attorney General is requested to provide a report to the General Assembly by January 1, 1999, on the status of gang violence, other gang crimes, and related legal issues with recommendations for deterring future criminal gang activities in an effort to assist the General Assembly in promoting public safety and public awareness of criminal gangs.
Be it further resolved that a copy of this resolution be forwarded to
the Attorney General.
Rep. QUINN explained the Concurrent Resolution.
The Concurrent Resolution was adopted and ordered sent to the Senate.
The motion period was dispensed with on motion of Rep. HASKINS.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 1, Rep. GAMBLE having the floor.
S. 442 -- Senator Leatherman: A BILL TO AMEND SECTION 12-45-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCEPTABLE FORMS OF PAYMENT OF COUNTY TAXES, SO AS TO PROVIDE FOR PAYMENT BY CREDIT CARD, SUBJECT TO APPROVAL AND IMPOSITION OF A VOLUNTARY AND NONREFUNDABLE SURCHARGE BY THE COUNTY GOVERNING BODY.
The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9847MM.98), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 12-45-90 of the 1976 Code is amended to read:
"Section 12-45-90. Taxes shall be are payable in the following kinds of funds and no other: silver coin, United States currency, United States postal money orders, and checks subject to collection, and credit cards if the county governing body approves payment by credit card. The county governing body authorizing acceptance of credit card payments must impose a surcharge upon the payer by credit card equal to or less than the amount of a discount or administrative fee charged to or incurred by the local government. When a person voluntarily elects to make a payment to a local government by credit card and a surcharge is imposed, payment of any surcharge by the payer is mandatory and nonrefundable under all circumstances. Jury certificates and per diem of witnesses in the circuit court and all county claims which have been approved and certificates issued by the governing body of the county shall be are receivable for taxes due the county in which such the services were rendered or such the claims approved, not including school taxes."
SECTION 2. This act takes effect upon approval by the Governor./
Amend title to conform.
Rep. GAMBLE continued speaking.
Rep. KLAUBER spoke against the amendment and moved to table the amendment.
Rep. CATO demanded the yeas and nays, which were taken resulting as follows:
Those who voted in the affirmative are:
Askins Barrett Brown, H. Cromer Delleney Hawkins Jordan Keegan Klauber Littlejohn Lloyd McMahand Miller Moody-Lawrence Pinckney Rice Sharpe Sheheen Simrill Smith, J. Stille Wilkes
Those who voted in the negative are:
Allison Bailey Barfield Battle Bauer Beck Boan Bowers Breeland Brown, G. Brown, J. Byrd Campsen Canty Cato Cave Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Easterday Edge Emory Gamble Gourdine Govan Hamilton Harrell Harris Harrison Haskins Hines, J. Hines, M. Hinson Inabinett Jennings Kelley Kennedy Kinon Kirsh Knotts Law Leach Lee Limehouse Martin Mason McAbee McCraw McGee McMaster Meacham Neilson Rhoad Riser Robinson Rodgers Sandifer Scott Seithel Smith, D. Smith, R. Spearman Stuart Tripp Trotter Vaughn Whipper Wilder Witherspoon Woodrum Young Young-Brickell
So, the House refused to table the amendment.
The question then recurred to the adoption of the amendment, which was agreed to.
Rep. BOAN proposed the following Amendment No. 2 (Doc Name P:\AMEND\JIC\5685HTC.98), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION ___. A. The 1976 Code is amended by adding:
"Section 12-49-85. (A) If the person officially charged with the collection of ad valorem taxes on real or personal property for a county determines that the tax, assessment, or penalty is uncollectible, he shall record that determination and the reason for it on a list he maintains. At least annually he shall provide the list to the county auditor, who may remove a particular determination from the duplicate list, but the auditor shall record the removal and the reason for it as prescribed by the Comptroller General.
(B) The reasons for removal of a tax, assessment, or penalty from the duplicate list may include, but are not limited to:
(1) insufficient property of the person charged with the uncollectible tax, assessment, or penalty to collect it;
(2) collection of the tax, assessment, or penalty has been enjoined by a competent court.
(C) Subject to the provisions of Section 12-54-85(E), the auditor and the person officially charged with the collection of ad valorem taxes shall review the list annually. If it is later determined that the tax, assessment, or penalty was improperly removed from the duplicate list or is collectible, it must be returned to the duplicate list for collection, with all penalties and interest accruing."
B. Section 12-37-251(E) of the 1976 Code, as last amended by Act 401 of 1996, is further amended to read:
"(E) In the year of reassessment the millage rate for all real and personal property must not exceed the rollback millage, except that the rollback millage may be increased by the percentage increase in the consumer price index for the year immediately preceding the year of reassessment. Rollback millage is calculated by dividing the prior year property tax revenues by the adjusted total assessed value applicable in the year the values derived from a countywide equalization and reassessment program are implemented. This amount of assessed value must be adjusted by deducting assessments added for property or improvements not previously taxed, for new construction, and for renovation of existing structures."
C. Section 12-43-220(c) of the 1976 Code, as last amended by Act 431 of 1996, is further amended by adding:
"(5) To qualify for the four percent assessment ratio, the owner-occupant of a legal residence that is being purchased under a contract for sale or a bond for title must record the contract for sale or the bond for title in the office of the register of mesne conveyances or the clerk of court in those counties where the office of the register of mesne conveyances has been abolished.
For purposes of this subsection, a contract for sale or a bond for title is the sale of real property by a seller, who finances the sale and retains title to the property solely as security for the debt."
D. Section 12-54-85(E) of the 1976 Code is amended to read:
"(E) No A tax may not be collected by levy, warrant for distraint, or proceedings in court, unless the:
(1) the levy, warrant for distraint, or proceedings in court were begun within ten years after the assessment of the tax,;
(2) the taxpayer has agreed to extend this period,; or
(3) the running of this period is suspended in accordance with this section.
For property tax purposes, the 'assessment of the tax' occurs on the later of the last day the tax may be paid without penalty or the date of the tax notice."
E. Section 12-60-2520(B) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(B) Within thirty days of the date of the request for a meeting or as soon thereafter as practical, If, upon examination of the property taxpayer's written objection, the county assessor agrees with the taxpayer, the county assessor must correct the error. If, upon the examination, the county assessor does not agree with the taxpayer, the assessor shall schedule a conference with the property taxpayer within thirty days of the date of the request for a meeting or as soon after that as practical. If the matter is not resolved at the conference, the assessor shall advise the property taxpayer of the right to protest and provide the taxpayer a form on which to file the protest. The property taxpayer has thirty days after the date of the conference to file a written protest with the assessor. The protest must contain:
(1) the name, address, and telephone number of the property taxpayer;
(2) a description of the property in issue;
(3) a statement of facts supporting the taxpayer's position;
(4) a statement outlining the reasons for the appeal, including any law or other authority, upon which the taxpayer relies; and
(5) the value and classification which the property taxpayer considers the fair market value, special use value, if applicable, and the proper classification.
The taxpayer may use the form prepared by the department, but use of the form is not mandatory."
F. Section 12-60-2550(B) and (C) of the 1976 Code, as added by Act 60 of 1995, is amended to read:
"(B) After final review of the protest or appeal, if the property tax assessment is greater than the adjusted property tax assessment, a corrected property tax assessment must be made and entered. Interest determined in accordance with Section 12-54-25 must be collected in the same manner as the tax, except the rate of interest must be one-half of one percent for each month or portion of a month.
(C) After final review of the protest or appeal, if the property tax assessment is less than the adjusted property tax assessment, a corrected property tax assessment must be made and entered. The overpayment of tax must be refunded together with interest determined in accordance with Section 12-54-25, except the rate of interest must be one-half of one percent for each month or portion of a month."
G. Section 12-60-2910(A) of the 1976 Code, as last amended by Act 431 of 1996, is further amended to read:
"(A) A property taxpayer may object to a personal property tax assessment or a denial of a homestead exemption made by the county auditor by requesting, in writing, to meet with the auditor at any time on or before the last day the tax levied upon the assessment can be timely paid later of:
(1) thirty days after the tax notice is mailed; or
(2) last day the tax levied upon the assessment may be timely paid."
H. Sections 12-43-225 and 12-49-80 of the 1976 Code are repealed.
I. Notwithstanding the general effective date of this act, this section is effective for property tax years beginning after 1998./
Renumber sections to conform.
Amend title to conform.
Rep. SHEHEEN raised a Point of Order that Amendment No. 2 was out of order in that it was not germane to the Bill.
Rep. ROBINSON argued contra.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.
Rep. KOON proposed the following Amendment No. 3 (Doc Name P:\AMEND\GJK\21594AC.98), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. A. Article 5, Chapter 37, Title 12 of the 1976 Code is amended by adding:
"Section 12-37-717. Notwithstanding any other provision of law, when a certificate of occupancy or other evidence of completion is issued on new construction designated for owner-occupied legal residential use, the use and value of the property which is the subject of the certificate are considered to have changed effective on the date the certificate is issued. The property tax on the property for the tax year the certificate is issued must be prorated using the value and owner-occupied legal residential use of the property for each part of the year."
B. Section 12-37-717 takes effect upon approval by the Governor for tax years beginning after December 31, 1999./
Renumber sections to conform.
Amend totals and title to conform.
Rep. SHEHEEN raised a Point of Order that Amendment No. 3 was out of order in that it was not germane to the Bill.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the amendment out of order.
Rep. SHEHEEN spoke against the Bill.
Rep. SHEHEEN continued speaking.
Rep. PINCKNEY spoke against the Bill.
Rep. KLAUBER moved to recommit the Bill.
Rep. CATO moved to table the motion, which was not agreed to by a division vote of 39 to 44.
The question then recurred to the motion to recommit, which was agreed to.
Rep. YOUNG moved to adjourn debate upon the following Bill, which was adopted.
H. 4952 -- Reps. Harrison and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-11-271 SO AS TO CLARIFY THE AUTHORITY OF CERTAIN SPECIAL PURPOSE DISTRICTS TO LEVY MILLAGE AND PROVIDE GOVERNMENTAL SERVICE.
The following Bill was taken up.
S. 758 -- Senator Fair: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1090 SO AS TO CREATE THE FELONY CRIME OF ASSISTING SUICIDE, TO PROVIDE PENALTIES, TO PROVIDE FOR INJUNCTIVE RELIEF, TO PROVIDE A CIVIL CAUSE OF ACTION, TO AUTHORIZE PAYMENT OF ATTORNEY'S FEES, AND TO PROVIDE FOR PROFESSIONAL DISCIPLINE.
Rep. YOUNG explained the Bill.
The question then recurred to the passage of the Bill on second reading.
Pursuant to Rule 7.7 the yeas and nays were taken resulting as follows:
Those who voted in the affirmative are:
Allison Askins Barfield Barrett Battle Bauer Beck Bowers Breeland Brown, G. Brown, J. Brown, T. Campsen Cato Cave Chellis Cooper Cotty Cromer Davenport Delleney Easterday Edge Emory Felder Gamble Gourdine Hamilton Harrell Harris Harrison Haskins Hawkins Hines, J. Hinson Inabinett Jordan Keegan Kelley Kennedy Kinon Kirsh Klauber Knotts Law Leach Lee Limehouse Lloyd Loftis Martin Mason McAbee McCraw McGee McLeod McMahand McMaster Meacham Miller Moody-Lawrence Neilson Rhoad Rice Riser Robinson Rodgers Sandifer Sharpe Sheheen Simrill Smith, D. Smith, J. Smith, R. Spearman Stille Stoddard Stuart Townsend Tripp Trotter Vaughn Webb Whatley Wilder Wilkes Wilkins Witherspoon Woodrum Young
Those who voted in the negative are:
Dantzler Hines, M. Whipper
So, the Bill was read the second time and ordered to third reading.
On motion of Rep. HARRISON, with unanimous consent, it was ordered that S. 758 be read the third time tomorrow.
Rep. HARRISON moved that the House recur to the morning hour, which was agreed to.
The following was received.
Columbia, S.C., May 28, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it recedes from its amendments to S. 992, and requests that the Bill be returned for consideration of House amendments.
S. 992 -- Senator Passailaigue: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 57-5-1495 SO AS TO PROVIDE DEFINITIONS RELATED TO THE COLLECTION OF TOLLS, TO PROVIDE THAT CERTAIN PERSONS ARE LIABLE FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR PENALTIES FOR FAILURE TO PAY TOLLS, TO PROVIDE FOR ENFORCEMENT, NOTIFICATION, AND ADJUDICATION PROCEDURES FOR TOLL VIOLATIONS, AND TO PROVIDE FOR ELECTRONIC COLLECTION OF TOLLS AND RESTRICTIONS ON THE USE OF PHOTOGRAPHS AND OTHER RECORDED IMAGES USED DURING TOLL COLLECTION.
Very respectfully,
President
The following was received from the Senate.
Columbia, S.C., May 27, 1998
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it nonconcurs in the amendments proposed by the House to S. 1025:
S. 1025 -- Senator Anderson: A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED
PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
Very respectfully,
President
On motion of Rep. J. BROWN, the House insisted upon its amendments.
Whereupon, the Chair appointed Reps. HOWARD, ASKINS and McGEE to the Committee of Conference on the part of the House and a message was ordered sent to the Senate accordingly.
Rep. HARRISON, from the Committee on Judiciary, submitted a favorable report, with amendments, on:
S. 914 -- Senator Gregory: A BILL TO AMEND TITLE 15, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIVIL REMEDIES AND PROCEDURES BY ADDING CHAPTER 42 SO AS TO ENACT THE "SOUTH CAROLINA GARNISHMENT ACT OF 1998", WHICH PROVIDES PROCEDURES THAT GRANT TO PERSONS WHO HAVE RECOVERED CERTAIN JUDGMENTS AGAINST ANOTHER PERSON A RIGHT TO A WRIT OF GARNISHMENT, SUBJECTING TO GARNISHMENT UP TO SPECIFIED LIMITATIONS INCOME, WAGES, INTEREST, RENTS, DIVIDENDS, CAPITAL GAINS, BONUSES, AND COMMISSIONS OF THE DEBTOR; AND TO REPEAL SECTION 37-5-104 RELATING TO THE PROHIBITION AGAINST GARNISHMENT FOR DEBTS ARISING FROM A CONSUMER CREDIT SALE.
Ordered for consideration tomorrow.
The following was introduced:
H. 5206 -- Reps. Quinn, Bauer and Riser: A CONCURRENT RESOLUTION RECOGNIZING AND COMMENDING THE IRMO FIRE DISTRICT FOR ITS MANY ACCOMPLISHMENTS AND OUTSTANDING SERVICE TO THE PUBLIC.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5207 -- Reps. Cave and Rhoad: A CONCURRENT RESOLUTION TO OFFER THE CONGRATULATIONS OF THE MEMBERS OF THE GENERAL ASSEMBLY OF THE STATE OF SOUTH CAROLINA TO SENIOR RAYMOND PRIESTER, STUDENT AND OUTSTANDING FOOTBALL PLAYER, OF CLEMSON UNIVERSITY ON HIS EXCEPTIONAL CAREER AND CONTRIBUTIONS AS TAILBACK FOR THE "TIGERS" FOOTBALL TEAM.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following Bills were introduced, read the first time, and referred to appropriate committee:
H. 5208 -- Rep. Littlejohn: A BILL TO AMEND SECTION 56-1-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS EXEMPT FROM THE REQUIREMENT TO OBTAIN A DRIVER'S LICENSE, SO AS TO PROVIDE THAT A CITIZEN OF GERMANY WHO IS AT LEAST EIGHTEEN YEARS OF AGE, WHO IS EMPLOYED IN THIS STATE, AND WHO HAS A VALID DRIVER'S LICENSE ISSUED BY THAT NATION MAY DRIVE A MOTOR VEHICLE FOR FOUR YEARS.
Rep. LITTLEJOHN asked unanimous consent to have the Bill placed on the Calendar without reference.
Rep. GOVAN objected.
Referred to Committee on Education and Public Works.
S. 1258 -- Senators Mescher and Short: A BILL TO AMEND TITLE 59, CHAPTER 112, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION AND FEES AT STATE INSTITUTIONS, BY ADDING SECTION 59-112-75 SO AS TO PROVIDE THAT PUBLIC SCHOOL TEACHERS MAY RECEIVE A TUITION VOUCHER FOR ONE COURSE AT AN ISSUING STATE INSTITUTION WHEN SUPERVISING STUDENTS WHO ARE COMPLETING THEIR EDUCATIONAL DEGREE REQUIREMENTS.
Referred to Committee on Education and Public Works.
The following Bill was taken up.
H. 5201 -- Rep. G. Brown: A BILL TO AMEND ACT 616 OF 1980, RELATING TO COMPENSATION AND TRAVEL ALLOWANCE OF MEMBERS OF THE LEE COUNTY BOARD OF EDUCATION, SO AS TO INCREASE THE AMOUNT OF COMPENSATION AND TRAVEL ALLOWANCE PAYABLE TO MEMBERS OF THE BOARD AND TO ALLOW THE PROVISION OF MEDICAL INSURANCE COVERAGE FOR THE MEMBERS.
Rep. G. BROWN proposed the following Amendment No. 1 (Doc Name P:\AMEND\BBM\9936MM.98), which was adopted.
Amend the bill, as and if amended, SECTION 1, line 26, by striking /April/ and inserting /April January/.
Amend title to conform.
The Bill, as amended, was read the second time and ordered to third reading.
On motion of Rep. G. BROWN, with unanimous consent, it was ordered that H. 5201 be read the third time tomorrow.
Rep. COBB-HUNTER asked unanimous consent to recall S. 547 from the Committee on Ways and Means.
Rep. KELLEY objected.
Rep. HOWARD asked unanimous consent to recall S. 249 from the Committee on Education and Public Works.
Rep. HARRISON objected.
Rep. GOVAN asked unanimous consent to recall H. 5175 from the Committee on Education and Public Works.
Rep. LEACH objected.
Rep. COBB-HUNTER asked unanimous consent to recall H. 4901 from the Committee on Labor, Commerce and Industry.
Rep. CATO objected.
Rep. EASTERDAY moved that the House do now adjourn, which was adopted.
At 12:45 P.M. the House in accordance with the motion of Rep. COTTY adjourned in memory of Dr. R. Gregory Jowers of Columbia, to meet at 10:00 A.M. tomorrow.
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