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A235, R231, S827
Sponsors: Senators McConnell and J. Verne Smith
Document Path: l:\council\bills\nbd\12037ac04.doc
Companion/Similar bill(s): 4722
Introduced in the Senate on January 14, 2004
Introduced in the House on March 4, 2004
Passed by the General Assembly on April 1, 2004
Governor's Action: April 26, 2004, Vetoed
Legislative veto action(s): Veto overridden
Summary: Certified Industrial Hygienist or Certified Safety Professional Title Protection Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 1/14/2004 Senate Introduced and read first time SJ-6 1/14/2004 Senate Referred to Committee on Labor, Commerce and Industry SJ-6 2/26/2004 Senate Committee report: Favorable Labor, Commerce and Industry SJ-17 3/1/2004 Scrivener's error corrected 3/2/2004 Senate Read second time SJ-11 3/2/2004 Senate Ordered to third reading with notice of amendments SJ-11 3/3/2004 Senate Read third time and sent to House SJ-25 3/4/2004 House Introduced and read first time HJ-8 3/4/2004 House Referred to Committee on Labor, Commerce and Industry HJ-9 3/25/2004 House Committee report: Favorable Labor, Commerce and Industry HJ-3 3/31/2004 House Read second time HJ-15 4/1/2004 House Read third time and enrolled HJ-21 4/20/2004 Ratified R 231 4/26/2004 Vetoed by Governor 5/12/2004 Senate Veto overridden by originating body Yeas-46 Nays-0 SJ-6 5/19/2004 House Debate adjourned on veto consideration HJ-39 5/19/2004 House Veto overridden Yeas-95 Nays-11 HJ-177 5/27/2004 Copies available 5/27/2004 Effective date 05/19/04 6/10/2004 Act No. 235
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VERSIONS OF THIS BILL
(A235, R231, S827)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-80 SO AS TO REQUIRE AN INDIVIDUAL WHO HOLDS HIMSELF OUT AS A CERTIFIED INDUSTRIAL HYGIENIST OR A CERTIFIED SAFETY PROFESSIONAL TO BE CERTIFIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR THE BOARD OF CERTIFIED SAFETY PROFESSIONALS, RESPECTIVELY, AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "Certified Industrial Hygiene and Certified Safety Profession Title Protection Act".
Industrial hygiene and safety professionals; remedies for false representations
SECTION 2. Chapter 1, Title 39 of the 1976 Code is amended by adding:
"Section 39-1-80. (A) As used in this section:
(1) 'American Board of Industrial Hygiene' means a nonprofit corporation established to improve the practice and educational standards of the profession of industrial hygiene by certifying individuals who meet its education, experience, examination, and maintenance requirements.
(2) 'Board of Certified Safety Professionals' means a nonprofit corporation established to improve the practice and educational standards of the profession of safety by certifying individuals who meet its education, experience, examination, and maintenance requirements.
(3) 'Certified Industrial Hygienist' means a person who has received the designation 'Certified Industrial Hygienist' by the American Board of Industrial Hygiene and whose certification has not lapsed or been revoked.
(4) 'Certified safety professional' means a person who has been certified by the Board of Certified Safety Professionals and whose certification has not lapsed.
(5) 'Industrial hygiene' means the science and art devoted to the anticipation, recognition, evaluation, and control of those environmental factors and stresses arising in or from the workplace that may cause sickness, impaired health and well-being, or significant discomfort among workers and that may also impact the general community.
(6) 'Safety profession' means the science and discipline concerned with the preservation of human and material resources through the systematic application of principles drawn from such disciplines as engineering, education, chemistry, the physical and biological sciences, ergonomics, psychology, physiology, enforcement, and management for anticipating, identifying and evaluating potentially hazardous systems, conditions, and practices; developing, implementing, administering, and advising others on hazard design, methods, procedures, and programs.
(B)(1) A person may not wilfully practice or offer to practice as a certified industrial hygienist, or use in any advertisement or on a business card or letterhead, or make any other verbal or written communication that the person is a certified industrial hygienist or acquiesce in such a representation, unless that person is certified as an industrial hygienist by the American Board of Industrial Hygiene.
(2) A person may not wilfully practice or offer to practice as a certified safety professional, or use in any advertisement or on a business card or letterhead or make any other verbal or written communication that the person is a certified safety professional or acquiesce in such a representation, unless that person is certified as a safety professional by the Board of Certified Safety Professionals.
(3) A person who violates subsection(B)(1) or (2) is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned for not less than thirty days or more than six months, or both. Each violation constitutes a separate offense, and each day's violation constitutes a separate offense.
(4) A person may file a suit in equity with an administrative law judge as provided under Article 5 of Chapter 23 of Title 1, alleging the facts and paying for a temporary restraining order or a permanent injunction against one whose conduct appears to violate subsection (B)(1) or (2), commanding him to obey the law and to desist from any further misrepresentation. This injunctive relief is in addition to any other remedy or criminal prosecution for violation of subsection (B)(1) or (2). It is not necessary to establish the absence of an adequate remedy at law.
(C) An entity of state or local government may not by rule, regulation, or otherwise prohibit or restrict the practice of industrial hygiene or safety by individuals practicing within the scope of 'industrial hygiene' or 'safety profession' so long as the individual does not use the title, initials, or represent himself to the public as a 'certified industrial hygienist' or a 'certified safety professional'.
(D) The State is not liable for the misrepresentation of credentials of an employee while engaged in the duties of a governmental employee, unless wilful on behalf of the employee."
SECTION 3. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 20th day of April, 2004.
Vetoed by the Governor -- 4/26/04.
Veto overridden by Senate -- 5/12/04.
Veto overridden by House -- 5/19/04.
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