Indicates Matter Stricken
Indicates New Matter

The House assembled at 10:00 a.m.
Deliberations were opened with prayer by Rev. Charles E. Seastrunk, Jr. as follows:

Our thought for today is from Isaiah 63:7: "I will tell of the kindnesses of the Lord, the deeds for which He is to be praised, according to all the Lord has done for us."
Let us pray. Almighty God, show us Your way and lead us on Your path. For this body, give them courage, strength, wisdom, and ability with integrity to enact the laws of this State, that they may be acceptable in Your sight. Keep each of these women and men in Your loving care. We pray for Your care for our President and Governor and their staff. Shield our defenders of freedom from harm and comfort those who wait at home. This and all other acts, we ask in Your name. 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. SKELTON moved that when the House adjourns, it adjourn in memory of William Bryan "Judge" Keller of Clemson, which was agreed to.

The following was received:

Columbia, S.C., May 19, 2004
Mr. Speaker and Members of the House:
The Senate respecfully informs your Honorable Body that it requests the return of S. 718:

S. 718 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

Very respectfully,
President

On motion of Rep. WITHERSPOON, with unanimous consent, the following Bill was ordered recalled from the Committee on Agriculture, Natural Resources and Environmental Affairs:

S. 718 (Word version) -- Senator Grooms: A BILL TO AMEND SECTION 50-11-2200, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ESTABLISHMENT OF WILDLIFE MANAGEMENT AREAS, SO AS TO MAKE A TECHNICAL CHANGE, AND TO PROVIDE THAT THE DEPARTMENT OF NATURAL RESOURCES MAY PROMULGATE REGULATIONS FOR THE PROTECTION, PRESERVATION, OPERATION, MAINTENANCE, AND USE OF LAND LEASED OR ESTABLISHED AS WILDLIFE MANAGEMENT AREAS.

The Bill was ordered returned to the Senate.

The following was introduced:

H. 5334 (Word version) -- Rep. Littlejohn: A HOUSE RESOLUTION TO RECOGNIZE AND PAY TRIBUTE TO PINEY GROVE MISSIONARY BAPTIST CHURCH IN COWPENS, SOUTH CAROLINA, ON THE OCCASION OF ITS CHURCH DEDICATION SERVICE ON SUNDAY, MAY 23, 2004.

The Resolution was adopted.

On motion of Rep. FRYE, with unanimous consent, the following was taken up for immediate consideration:

H. 5335 (Word version) -- Rep. Frye: A HOUSE RESOLUTION TO EXTEND THE PRIVILEGE OF THE FLOOR OF THE HOUSE OF REPRESENTATIVES TO THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS OF THE KING ACADEMY BOYS BASEBALL TEAM ON TUESDAY, MAY 25, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER TO COMMEND AND CONGRATULATE THEM FOR WINNING THEIR SECOND CONSECUTIVE SCISA CLASS A STATE CHAMPIONSHIP.

Be it resolved by the House of Representatives:

That the members of the House of Representatives of the State of South Carolina, by this resolution, extend the privilege of the floor to the players, coaches, staff, and other school officials of the King Academy Boys Baseball Team on Tuesday, May 25, 2004, at a time to be determined by the Speaker to commend and congratulate them for winning their second consecutive SCISA Class A State Championship.

The Resolution was adopted.

The following was introduced:

H. 5336 (Word version) -- Rep. Frye: A CONCURRENT RESOLUTION TO CONGRATULATE THE W. WYMAN KING ACADEMY KNIGHTS BASEBALL TEAM, OF BATESBURG IN SALUDA COUNTY, ON WINNING ITS SECOND CONSECUTIVE SOUTH CAROLINA INDEPENDENT SCHOOLS ASSOCIATION CLASS A STATE CHAMPIONSHIP TITLE AND TO COMMEND THE HARD WORK AND DETERMINATION OF THE PLAYERS, COACHES, STAFF, AND OTHER SCHOOL OFFICIALS FOR THEIR 2004 CLASS A STATE CHAMPIONSHIP WIN.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

The following was introduced:

H. 5337 (Word version) -- Reps. Witherspoon, Quinn, Anthony, Barfield, Battle, Branham, G. Brown, Clark, Duncan, Freeman, Harvin, Hayes, Jennings, Keegan, Leach, Littlejohn, Mahaffey, McCraw, McGee, Miller, Neilson, Rhoad, Scarborough, J. R. Smith, Snow, J. Brown, Cato, Clemmons, Harrison, J. E. Smith, W. D. Smith and Townsend: A CONCURRENT RESOLUTION URGING CONGRESS AND THE PRESIDENT OF THE UNITED STATES TO SUPPORT AND ENACT LEGISLATION TO ESTABLISH A TOBACCO QUOTA BUYOUT PROGRAM.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The following was introduced:

H. 5338 (Word version) -- Rep. Perry: A HOUSE RESOLUTION APPLAUDING THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" ON THEIR THIRD CLASS AAAA STATE TEAM GOLF TITLE IN THE PAST FIVE YEARS AND SENIOR CAPTAIN PATRICK CUNNING WHO TOOK TOP INDIVIDUAL HONORS IN A SUDDEN-DEATH PLAYOFF.

The Resolution was adopted.

On motion of Rep. PERRY, with unanimous consent, the following was taken up for immediate consideration:

H. 5339 (Word version) -- Rep. Perry: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE SOUTH AIKEN HIGH SCHOOL "THOROUGHBREDS" GOLF TEAM, COACHES, AND SCHOOL OFFICIALS ON TUESDAY, MAY 25, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR THIRD CLASS AAAA STATE TEAM GOLF TITLE IN THE PAST FIVE YEARS.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the South Aiken High School "Thoroughbreds" Golf Team, coaches, and school officials on Tuesday, May 25, 2004, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on their third straight Class AAAA state team golf title in the past five years.

The Resolution was adopted.

The following was introduced:

H. 5340 (Word version) -- Reps. Townsend, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Coates, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. M. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Weeks, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO CONGRATULATE MR. STAN MARSHALL ON RECEIVING THE ORDER OF THE PALMETTO, AND TO THANK HIM FOR HIS CONTINUED SERVICE TO BOTH HIS COUNTRY AND THE STATE.

The Resolution was adopted.

The following Joint Resolutions were introduced, read the first time, and referred to appropriate committees:

H. 5341 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO CERTIFICATION PROGRAM FOR PUBLIC LIBRARIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2899, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Without Reference

S. 1243 (Word version) -- Medical Affairs Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, RELATING TO WATER CLASSIFICATIONS AND STANDARDS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2855, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Referred to Committee on Medical, Military, Public and Municipal Affairs

The following was introduced:

H. 5342 (Word version) -- Reps. G. R. Smith, Tripp and Taylor: A HOUSE RESOLUTION RECOGNIZING THE NATIONALLY RANKED 2004 "LADY RAMS" SOFTBALL TEAM OF HILLCREST HIGH SCHOOL ON THEIR THIRD CONSECUTIVE CLASS AAAA STATE TITLE AND APPLAUDING THEIR DOMINANCE OF GIRLS' SOFTBALL OVER THE YEARS.

The Resolution was adopted.

On motion of Rep. G. R. SMITH, with unanimous consent, the following was taken up for immediate consideration:

H. 5343 (Word version) -- Reps. G. R. Smith, Tripp and Taylor: A HOUSE RESOLUTION EXTENDING THE PRIVILEGE OF THE FLOOR OF THE SOUTH CAROLINA HOUSE OF REPRESENTATIVES TO THE NATIONALLY RANKED 2004 "LADY RAMS" SOFTBALL TEAM OF HILLCREST HIGH SCHOOL, COACHES, AND SCHOOL OFFICIALS ON WEDNESDAY, MAY 26, 2004, AT A TIME TO BE DETERMINED BY THE SPEAKER, FOR THE PURPOSE OF BEING RECOGNIZED AND CONGRATULATED ON THEIR THIRD CONSECUTIVE CLASS AAAA STATE TITLE.

Be it resolved by the House of Representatives:

That the privilege of the floor of the South Carolina House of Representatives is extended to the nationally ranked 2004 "Lady Rams" Softball Team of Hillcrest High School, coaches, and school officials on Wednesday, May 26, 2004, at a time to be determined by the Speaker, for the purpose of being recognized and congratulated on their third consecutive Class AAAA state title.

The Resolution was adopted.

The Senate sent to the House the following:

S. 1251 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY FROM I-26 TO THE MUNICIPAL LIMITS OF THE TOWN OF ST. MATTHEWS, THE "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN AT THE INTERSECTION OF OLD HIGHWAY 6 AND WILD ROSE ROAD CONTAINING THE WORDS "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION, INCLUDING ESPECIALLY HIS DISTINGUISHED SERVICE AS A MEMBER OF THE THEN HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION.
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

The Senate sent to the House the following:

S. 1258 (Word version) -- Senators Ryberg and Moore: A CONCURRENT RESOLUTION CONGRATULATING MR. JASON FULMER OF AIKEN, A TEACHER AT REDCLIFFE ELEMENTARY SCHOOL, FOR BEING NAMED ONE OF THE TOP FOUR FINALISTS FOR THE 2004 NATIONAL TEACHER OF THE YEAR AND TO WISH HIM WELL IN ALL OF HIS FUTURE ENDEAVORS.

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:

Allen                  Altman                 Anthony
Bailey                 Bales                  Barfield
Battle                 Bingham                Bowers
Branham                Breeland               G. Brown
J. Brown               R. Brown               Cato
Ceips                  Chellis                Clark
Clemmons               Coates                 Cobb-Hunter
Coleman                Cooper                 Cotty
Dantzler               Davenport              Delleney
Duncan                 Edge                   Emory
Frye                   Gilham                 Gourdine
Hagood                 Hamilton               Harrison
Hayes                  Herbkersman            J. Hines
M. Hines               Hinson                 Hosey
Howard                 Huggins                Jennings
Keegan                 Kirsh                  Koon
Leach                  Lee                    Littlejohn
Lloyd                  Loftis                 Lourie
Mack                   Mahaffey               Martin
McCraw                 McGee                  McLeod
Merrill                Miller                 Moody-Lawrence
J. M. Neal             Ott                    Owens
Parks                  Perry                  Phillips
Pinson                 E. H. Pitts            M. A. Pitts
Rhoad                  Rice                   Richardson
Sandifer               Scarborough            Scott
Simrill                Sinclair               Skelton
D. C. Smith            F. N. Smith            G. R. Smith
J. E. Smith            J. R. Smith            Snow
Stewart                Stille                 Talley
Taylor                 Thompson               Toole
Townsend               Tripp                  Trotter
Umphlett               Vaughn                 Viers
Walker                 Weeks                  Whipper
White                  Whitmire               Wilkins
Witherspoon            Young

I came in after the roll call and was present for the Session on Thursday, May 20.

Doug Smith                        Robert Harrell
Mary Beth Freeman                 James Lucas
William Clyburn                   Kenneth Kennedy
Gloria Haskins                    G. Murrell Smith
Denny Neilson                     Jerry Govan
H.B. "Chip" Limehouse             Joseph Neal
Todd Rutherford                   Alex Harvin

Rep. HUGGINS presented to the House the Irmo High School "Yellow Jackets" Boys Varsity Soccer Team, the Class AAAA Champions, their coaches and other school officials.

Reps. HUGGINS and MCLEOD presented to the House the Chapin High School "Fighting Eagles" Golf Team, the 2004 Class AA Champions, their coaches and other school officials.

The following Conference Report was taken up:

The COMMITTEE OF CONFERENCE, to whom was referred: (Doc. No. L:\S-JUD\AMEND\CRJUD3889.001.DOC)

H. 3889 (Word version) -- Reps. Dantzler, Rhoad, Altman, Bailey, Coates, Gourdine, Hinson, Merrill, Ott, Perry, Quinn, Scarborough, Taylor, Trotter, Umphlett, Snow, Frye and Koon: A BILL TO AMEND CHAPTER 69, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PRACTICE OF VETERINARY MEDICINE, SO AS TO CONFORM THE CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF THE STATE BOARD OF VETERINARY MEDICINE INCLUDING, BUT NOT LIMITED TO, REVISING PROCEDURES FOR CONDUCTING HEARINGS, REQUIRING DISCIPLINARY PROCEEDINGS TO BE OPEN TO THE PUBLIC AND TO PROVIDE EXCEPTIONS, PROVIDING FOR LICENSURE BY ENDORSEMENT, AUTHORIZING STUDENT PRECEPTOR PROGRAMS, AND ESTABLISHING CERTAIN STANDARDS FOR EMERGENCY CARE FACILITIES AND MOBILE CARE REQUIREMENTS.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments: (Reference is to Printer's Version June 5, 2003.)

Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/   SECTION   1.   Title 40, Chapter 69 of the 1976 Code is amended to read:

Section 40-69-10. It is declared that the practice of veterinary medicine involves the public health, safety, and welfare. To protect the public from being misled by incompetent, unscrupulous, unqualified, and unauthorized practitioners, and from unprofessional or illegal practices by persons licensed to practice veterinary medicine, and to insure that every person engaged in the practice of veterinary medicine meet minimum requirements, the practice of veterinary medicine should be regulated in the interest of the health, safety, and welfare of the citizens of South Carolina.
The General Assembly declares its intent that individuals who are not normally competent to practice veterinary medicine or who otherwise present danger to the public should be disciplined or prohibited from practicing in this State.

Section 40-69-20.   As used in this article, these words and phrases have the following meanings unless the context clearly indicates otherwise:

(1) "Animal" means any animal other than a human, and includes fowl, birds, reptiles, and fish which are wild or domestic, living or dead.

(2) "Board" means the South Carolina State Board of Veterinary Medical Examiners.

(3) "Veterinary medicine" includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.

(4) "Practice of veterinary medicine" means:

(a) To diagnose, prescribe, or administer any drug, medicine, biologic, appliance, or application or treatment of whatever nature for the cure, prevention, or relief of any wound, fracture, or bodily injury or disease of an animal;

(b) To perform any surgical operation, including cosmetic surgery, upon any animal;

(c) To perform any manual procedure for the diagnosis or treatment for sterility or infertility of animals, including embryo transplants;

(d) To offer, undertake, represent, or hold oneself out as being qualified to diagnose, treat, operate, or prescribe for any animal disease, pain, injury, deformity, or physical condition;

(e) To use any words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine; this use is prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine.

(5) "Veterinarian" means a person who has received a doctor's degree or equivalent in veterinary medicine.

(6) "Licensed veterinarian" means a person who is licensed by law to practice veterinary medicine in this State.

(7) "School of veterinary medicine" means any veterinary school or college that offers the DVM or equivalent degree and whose course of study conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the Board.

(8) "License" means any permit, approval, registration, or certificate issued by the Board.

(9) "Temporary permit" means temporary permission to practice veterinary medicine issued pursuant to the provisions of this chapter.

(10) "Direct supervision" means that a veterinarian currently licensed to practice veterinary medicine in this State is available on the premises and within immediate vocal communication of the supervisee.

(11) "Unprofessional or unethical conduct" includes, but is not limited to, any conduct of a character likely to deceive or defraud the public, fraudulent, false, or deceptive advertising which might mislead the public, obtaining any fee or compensation by fraud or misrepresentation, sharing office space with any person illegally practicing veterinary medicine, employing either directly or indirectly any unlicensed person to practice veterinary medicine or render any veterinary service except as allowed by law, or the violation of any rule adopted by the Board which provides for a code of professional ethics to be followed by persons licensed under this article.

Section 40-69-30.   (A) There is created the State Board of Veterinary Medical Examiners to be composed of eight members, one of whom must be a consumer advocate member from the State at large, one of whom must be a veterinarian from the State at large, and six of whom must be veterinarians representing each of the six congressional districts.Each veterinarian must be a resident of the State of South Carolina and of the congressional district which the veterinarian represents, licensed by the State, and practicing. The consumer advocate member must be a resident of the State.The terms of the members are for six years and until successors are appointed and qualify. No member is allowed successive terms of office.

(B) The veterinarian at large and the consumer advocate member must be appointed by the Governor. The board shall conduct an election to nominate two veterinarians from each congressional district. The election shall provide for participation by all veterinarians currently licensed and residing in the district for which the nomination is being made. The names of the nominees must be forwarded to the Governor by the board and the Governor may appoint one of the nominees as the member; however, the Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

(C) The consumer advocate member may not vote on examination for licensure of veterinarians.

(D) The Governor may remove a member of the board who is guilty of continued neglect of board duties or who is found to be incompetent, unprofessional, or dishonorable. No member may be removed without first giving the member an opportunity to refute the charges filed against that member, who must be given a copy of the charges at the time they are filed.

(E) If a board member is disqualified and the member's absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may appoint an individual to replace the member during the period of disqualification. This individual shall meet the same qualifications as the member being replaced and must take the same oath as required of other members of the board.

Section 40-69-40.   The Board shall organize by electing a chairman, a vice-chairman, and a secretary-treasurer. The officers of the Board shall hold office for terms of one year and until their successors are elected and qualify. The Board shall meet at least once a year and at such other times as may be ordered by the chairman. Any action of the Board may be taken at any regular or special meeting and a majority of the members of the Board shall constitute a quorum.

Section 40-69-50.   Each member shall receive the same per diem, mileage, and subsistence as provided by law for members of state boards, commissions, and committees for each day actually engaged in the duties of office, including a reasonable number of days for the preparation and reviewing of examinations in addition to such time actually spent in conducting examinations.

Section 40-69-60.   The secretary-treasurer of the Board shall keep records of all the proceedings of the Board, shall receive and account for all monies received by the Board, and shall keep a register of licenses showing the dates of applications for licenses to practice veterinary medicine. All licenses issued by the Board must be numbered and recorded by the secretary-treasurer and, where a license is denied by the Board to any applicant, the fact and grounds for the denial must be entered in the minutes of the Board. The time of issuance or denial of a license must be noted along with the names of those Board members present and such file or record must be open to public inspection. Where a license is denied to an applicant or if a license is revoked or suspended, the fact and ground of the action must be communicated in writing to the applicant or holder of the license.
Information received by the Board through inspections and investigations must be confidential and must not be disclosed except in a proceeding involving the issuance, denial, renewal, suspension, or revocation of a license.

Section 40-69-70. The powers and duties of the board must include, but not be limited to, the following:

(1) To adopt and promulgate regulations, pursuant to the State Administrative Procedures Act, governing the practice of veterinary medicine as are necessary to enable it to carry out and make effective the purpose and intent of this article. These regulations may include minimum standards for all facilities where veterinary medicine is practiced and minimum standards for continuing education for relicensure;

(2) To adopt rules of professional conduct prior to July 1, 1993, appropriate to establish and maintain a high standard of integrity, skills, and practice in the profession of veterinary medicine. In prescribing such rules of professional conduct, the board may be guided by the principles of veterinary medical ethics adopted by the American Veterinary Medical Association and the South Carolina Association of Veterinarians;

(3) To print its regulations and distribute them to all persons licensed to practice veterinary medicine in this State;

(4) To bring proceedings in courts for the enforcement of this article or any regulations made pursuant thereto;

(5) To establish qualifications for persons wishing to be licensed to practice veterinary medicine;

(6) To pass upon the qualifications of applicants for a license to practice veterinary medicine in this State;

(7) To approve schools and colleges of veterinary medicine which maintain sufficient standards of training and reputability;

(8) To prescribe the subjects, character, manner, time, and place of holding examinations and the filing of applications for examinations and to conduct the examinations;

(9) To issue temporary permits or licenses to duly qualified applicants;

(10) To provide for, regulate, and require all persons licensed in accordance with the provisions of this article to renew their license annually;

(11) To conduct investigations and hearings upon complaints calling for discipline of a licensee or applicant for license;

(12) To take testimony on any matter under its jurisdiction and to administer oaths;

(13) To issue summons and subpoenas, including subpoenas duces tecum, for any witness, in connection with any matter within the jurisdiction of the board, which must be signed by either the chairman or the secretary-treasurer of the board;

(14) (Reserved);

(15) To inspect licenses;

(16) To conduct investigations of all alleged violations;

(17) To prosecute according to law or instigate the prosecution of all violators of this chapter;

(18) To adopt regulations for the sale and dispensing of prescriptions and controlled veterinary drugs, pharmaceuticals, and biologics in accordance with federal and state laws.

Section 40-69-80. (A) A person wishing to practice veterinary medicine in this State shall obtain a license from the board. Unless a person obtains a license, it is unlawful to practice veterinary medicine as defined in this article. If a person practices without a license that person is considered to have violated this article.

(B) The board shall conduct examinations of all applicants and the board may examine an applicant who submits satisfactory evidence that the applicant:

(a) is a graduate of a school or college of veterinary medicine approved by the board or holds an Education Commission of Foreign Veterinary Graduates Certificate;

(b) has paid the required fee.

Section 40-69-90.   (A) The board may issue a temporary permit to practice veterinary medicine to an applicant if the applicant meets these qualifications:

(1) meets all qualifications and requirements of Section 40-69-80;

(2) has filed an application to take the examination;

(3) is located permanently at some designated place in the State;

(4) pays a temporary permit fee which must be set by the board in regulation promulgated in accordance with the Administrative Procedures Act. This fee is in addition to the examination fee;

(5) holds a current and valid license to practice veterinary medicine in another state of the United States.

(B) An individual failing to pass the examination for a license in this State must not be issued a temporary permit.

(C) The temporary permit entitles the holder to practice only until the board has acted upon the application for a permanent license after the applicant completes the next regularly scheduled examination and is not renewable. Only one temporary permit may be issued to a person. A person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control, in the discretion of the board, may have the temporary permit renewed until the board is able to act on the application after the person completes the required examination.

Section 40-69-100.   Any person desiring to take the examination for license to practice veterinary medicine shall make application in writing to the Board on forms prescribed by the Board at least fourteen days before the examination. The application must be accompanied by the examination fee which must be set by the Board.

Fees must not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws his application, or is issued or denied a license. If an applicant fails to take the examination for a legitimate reason, the Board may allow him to take the examination at a later date without having to pay another fee.
After the Board accepts the application and finds that the applicant is otherwise qualified to meet the requirements necessary to practice veterinary medicine, the applicant may be examined by the Board at its next meeting. The Board shall give notice to the applicant of the exact time and place of the examination.

Section 40-69-110.   The examination of applicants for licenses to practice veterinary medicine must be conducted under regulations adopted by the Board.

(1) The Board shall, except as otherwise provided herein, require the applicant to take a written examination in veterinary anatomy, veterinary surgery, veterinary physiology, veterinary pathology, veterinary obstetrics, veterinary materia medica, and veterinary practice, chemistry, and such other subjects related to veterinary medicine as the Board may require, or the Board may accept the results of the written examination conducted by the National Board of Veterinary Examiners in lieu of requiring the applicant to take a written examination given by the Board.

(2) The Board may also require that the applicant undergo a clinical, oral, or practical examination in addition to the written examination.

(3) The Board shall establish a minimum passing grade for each examination given by the Board.
If the applicant makes the minimum passing grade on the examination as established by the Board and the Board finds that the applicant is otherwise worthy, competent, and qualified, it shall issue him a license to practice veterinary medicine in this State.

Section 40-69-120.   The Board must issue a license, without written examination, to a qualified applicant who is licensed to practice veterinary medicine in another state which has a reciprocal licensing agreement with this State if the applicant furnishes satisfactory proof that he is a graduate of an approved veterinary college, is in good standing in his respective state, and holds a license to practice veterinary medicine in that state. No person may be licensed under this section except upon proof that he has taken and passed a written examination in at least one of the states in which he is licensed.
The Board shall enter into reciprocal licensing agreements with other states having substantially equivalent licensing requirements.

Section 40-69-130. Each person licensed by the Board shall pay an annual fee as determined by regulation of the Board. The fee is due and payable on the first day of January of each year. Failure to pay the annual fee on or before the first day of February of each year shall render the license void. Upon a showing of a reasonable explanation and payment of all sums due, the veterinarian may petition for reinstatement. The Board may assess a reinstatement fee as may be set by regulation.
The Board may also issue a duplicate license to replace one that has been lost or destroyed upon payment of a fee set by regulation of the Board. Each duplicate license shall have the word 'Duplicate' typed or printed across the face thereof.

Section 40-69-140.   The board may deny, suspend, revoke, or restrict the license of a veterinarian or reprimand or discipline a licensee for these reasons:

(1) violating this article or a regulation promulgated by the board;

(2) using a false, fraudulent, or forged statement or document or a fraudulent, deceitful, or dishonest act by the holder of a license in connection with a license requirement;

(3) failing to display a license;

(4) having caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a licensee;

(5) misrepresenting the inspection of food for human consumption;

(6) using a false or fraudulent statement in a document connected with the practice of veterinary medicine;

(7) obtaining fees or assisting in obtaining fees under deceptive, false, or fraudulent circumstances;

(8) failing to provide and maintain facilities as directed by regulation of the board;

(9) refusing to permit the board or a legal representative of the board to inspect the business premises of the licensee during regular business hours;

(10) circulating knowingly untrue, fraudulent, misleading, or deceptive advertising;

(11) engaging in unprofessional or unethical conduct or engaging in practices in connection with the practice of veterinary medicine which are in violation of the standards of professional conduct, as defined in this article or prescribed by regulations of the board;

(12) engaging in conduct determined by the board to be incompetent or negligent in the practice of veterinary medicine;

(13) making a false statement in an oath or affidavit which is required by this article;

(14) having another state revoke a license to practice veterinary medicine in that state;

(15) being convicted on a charge of cruelty to animals;

(16) being convicted of a federal or state law relating to narcotic drugs;

(17) having a physical or mental impairment or disability which renders practice dangerous to the public;

(18) performing an act which in any way assists a person to practice in violation of this article;

(19) misusing a controlled substance for other than specific treatment of an animal patient;

(20) having employed or permitted a person who does not hold a license to practice veterinary medicine in this State to perform work which, under this article, can lawfully be done only by a person holding a license to practice veterinary medicine;

(21) practicing veterinary medicine while under the influence of alcohol or any drug to such a degree as to adversely affect the performance of a veterinarian's professional obligations and duties;

(22) having been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent;

(23) failing to report, as required by law, or making a false report of a contagious or infectious disease;

(24) being convicted of a felony or a crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction.

Section 40-69-150.   Any person, including the Board, may prefer charges of fraud, deceit, negligence, incompetence, or misconduct against any person licensed to practice veterinary medicine by this article.
The charges must be made to the Board, in writing, and sworn to by the person so charging and must be submitted to the secretary-treasurer of the Board. Specific procedures relating to the filing and hearing of these charges shall conform to the State Administrative Procedures Act and must be detailed in the regulations promulgated by the Board.

Any person who feels aggrieved by any action of the board in denying, suspending, refusing to renew, or revoking his certificate of registration or license may appeal therefrom to an administrative law judge as provided under Article 5 of Chapter 23 of Title 1 within thirty days after receipt of the order of the board.

Section 40-69-160.   The Board may reissue a license to or reinstate the license of a person whose license was previously revoked or suspended if a majority of the members of the Board vote in favor of such reissuance or reinstatement. The Board may assess a reinstatement or reissue fee as set by regulation of the Board.

Section 40-69-170.   All persons licensed to practice veterinary medicine by the Board shall conspicuously display in the place of practice at all times a current license issued by the Board.

Section 40-69-180. All revenues and income from licenses, examination fees, other fees, 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 must be credited to the general fund of the State. All assessments, fees, or licenses must be levied pursuant to the State Administrative Procedures Act in an amount sufficient or at least equal to the amount appropriated in the annual general appropriations 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 40-69-190. The Board shall make an annual report in accordance with the provisions of Chapter 73 of Title 40.

Section 40-69-200.   Any person who practices or attempts to practice veterinary medicine for consideration in this State without first having complied with the provisions of this article, or who knowingly presents to or files false information with the Board for the purpose of obtaining a license, is guilty of a misdemeanor and upon conviction must be fined not less than five hundred nor more than twenty-five hundred dollars or imprisonment for not less than thirty days. Each act of unlawful practice shall constitute a separate offense.

Section 40-69-210.   Whenever the board has reason to believe that any person is violating or intends to violate any provision of this article, it may, in addition to all other remedies, order the person to immediately desist and refrain from that 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 that conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter as it deems proper. No bond must 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.
No member of the board or its committees, special examiners, agents, and employees 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 or proceeding under the provisions of this article, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of any documents or records which the board deems relevant to the inquiry.

Section 40-69-220.   No person shall engage in the practice of veterinary medicine in this State without a current and valid license for that purpose issued by the Board. Nothing in this article must be construed to prohibit:

(1) Any person who is a regular student, technician, or instructor in a legally chartered educational institution from the performance of those duties and actions conducted as a responsibility in teaching and research.

(2) Any veterinarian holding a current and valid license in some other state from acting as a consultant with a licensed veterinarian of this State.

(3) Any veterinarian who is a member of the Armed Forces of the United States or who is an employee of the United States Department of Agriculture, the United States Public Health Service, or other federal agency or the State of South Carolina or political subdivision thereof from performing official duties in accordance with his employment.

(4) Any person or his regular employee from administering to his own animals, except when his ownership is so vested for the purpose of circumventing the provisions of this article and except when the employee is so employed for the purpose of circumventing the provisions of this article. However, the administration to the animal must be in compliance with all federal, state, and local laws.

(5) State or federal agencies, accredited schools, research institutions, foundations, corporations or employees thereof, which or who conduct experiments and scientific research using animals, provided the research or testing is performed in compliance with all federal, state, and local laws.

(6) Any person from performing artificial insemination to animals.

(7) Initiation of prescribed emergency procedures in life threatening situations by an animal health technician employed by a licensed veterinarian.

(8) Any merchant from selling at his regular place of business medicines, feed, appliances, or other animal health products provided all sales are done in compliance with all federal, state, and local laws and in accordance with the regulations promulgated by the Board.

Section 40-69-410. For purposes of this article:

(1) "Animal Health Technician" means a person who has received a degree in Animal Health Technology from an American Veterinary Medical Association accredited school offering a program in Animal Health Technology; this person shall be knowledgeable in the care and handling of animals, in the basic principles of normal and abnormal life processes, and in routine laboratory and clinical procedures. The performance of the Animal Health Technician shall be under the direct supervision of a veterinarian duly licensed to practice in the State of South Carolina. No Animal Health Technician may diagnose disease, perform surgery, or prescribe medicine.

(2) "Direct supervision" means the guidance of the activities of the Animal Health Technician within the scope of the instructions of the licensed veterinarian in charge of the care of the animal.

(3) "Certificate" means a written statement acknowledging successful completion of the Animal Health Technician Examination or other necessary requirements as issued by the board.

(4) "Certified Animal Health Technician" means a person who is certified by the board to work as an Animal Health Technician.

Section 40-69-420.   (A) The powers and duties of the board shall include but not be limited to:

(1) promulgate regulations governing the Animal Health Technician as are necessary to enable it to carry out and make effective the purpose and intent of this article.

(2) adopt rules of professional conduct appropriate to establish and maintain a high standard of integrity and skills relating to the Animal Health Technician.

(3) print its regulations and distribute them to all certified Animal Health Technicians.

(4) establish qualifications for persons wishing to be certified as an Animal Health Technician.

(5) pass upon the qualifications of applicants for a certificate to work as an Animal Health Technician in this State.

(6) prescribe the subject, character, manner, time and place of holding examinations and the filing of applications for examinations and to conduct the examinations.

(7) issue temporary certificates to duly qualified applicants.

(8) provide for, regulate and require all persons certified in accordance with the provisions of this article; to renew their certificate annually; to issue annual renewal certificates to such persons and to suspend or revoke the certificates to such persons who fail, refuse or neglect to renew such certificate.

(9) inspect certificate.

(B) The powers and duties of the board as provided in items (4), (11), (12), (13), (16), and (17) of Section 40-69-70 shall also apply to Animal Health Technicians.

Section 40-69-430. (A) A person wishing to work as an Animal Health Technician in this State shall obtain a certificate from the board. Unless a person obtains a certificate, it is unlawful to work as an Animal Health Technician as defined in this article.

(B) The board shall conduct examinations of all applicants and the board may examine an applicant who submits satisfactory evidence that the applicant:

(1) is at least eighteen years of age;

(2) is a graduate of an American Veterinary Medical Association accredited school of animal technology;

(3) has paid the required fee.

Section 40-69-440.   (A) The board may issue a temporary certificate if the applicant:

(1) meets all the qualifications and requirements of Section 40-69-430;

(2) has filed an application to take the examination;

(3) pays a temporary certificate fee which must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act; this fee is in addition to the examination fee.

(B) A temporary certificate shall permit the applicant holder to work as an Animal Health Technician until the next regularly scheduled examination. Temporary certificates may not be renewed. However, a person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control, in the discretion of the board, may have the temporary certificate renewed until the board is able to act on the application after the person completes the required examination.

Section 40-69-450.   (A) A person desiring to take the examination for certification shall apply in writing to the board on forms prescribed by the board at least fourteen days before the examination. The fee accompanying an application must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act.

(B) Fees may not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws the application, or is issued or denied a certificate. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee.

(C) After the board accepts an application and finds that the applicant is qualified to meet the requirements necessary to work as an Animal Health Technician, the applicant may be examined by the board at its next meeting. The board shall give notice to the applicant of the exact time and place of the examination.

Section 40-69-460.   (A) The examination of an applicant for certification must be conducted under the regulations adopted by the board. The board shall require the applicant to take a written examination in Animal Anatomy, Clinical Pathology, Pharmacology, Office Procedures, Radiology, Laboratory Animal Technology, Parasitology, and such additional subjects relating to Animal Health Technology as the board may require. The board shall establish a minimum passing grade for each examination given and shall hold at least one examination annually.

(B) If the applicant makes the minimum passing grade on the examination established by the board and the board finds that the applicant is qualified, it shall issue the applicant a certificate. An applicant who fails to meet the minimum passing grade or fails to maintain a current certificate may submit to reexamination at the discretion of the board. Each applicant is entitled to at least one reexamination.

Section 40-69-470. The board may issue a certificate, without written examination, to a qualified applicant who is certified as an Animal Health Technician in another state if the applicant furnishes satisfactory proof that he is a graduate of an American Veterinary Medical Association Accredited School of Animal Health Technology, is in good standing in his respective state, and holds a current certificate to work as an Animal Health Technician in that state.
The board is authorized to enter into reciprocal certifying agreements with other states having similar certifying requirements and the board may certify, without written examination, any person working as an Animal Health Technician in such other states.

Section 40-69-480.   (A) The holder of a certificate must apply on January first of each year for renewal of certification. Renewal applications must be provided by the board thirty days before January first of each year. A completed application must be accompanied by an annual fee, the amount of which must be set by the board in regulation promulgated pursuant to the Administrative Procedures Act, and made payable to the secretary-treasurer of the board. If the completed application and fee is not submitted by February fifteenth of each year, a late renewal fee penalty set by the board in regulation, will be added to the annual fee. If the completed application and renewal fee is not received by March fifteenth of each year, certification of the holder will be revoked and the holder shall file for reexamination for certification. The application for renewal must be endorsed by a licensed veterinarian of this State and must include sufficient proof of continuing education as required by the board in the regulations.

(B) The board may issue a duplicate certificate to replace one that has been lost or destroyed upon payment of an amount to be set by the board in regulation. A duplicate certificate must have the word "DUPLICATE" typed or printed across the face of the certificate.

Section 40-69-490. The board may revoke suspend, deny, or place on probation the certificate of an Animal Health Technician, or impose any reasonable disciplinary action toward the Animal Health Technician, who, in the opinion of the board, has committed one or more of the following:

(1) Gross incompetence in connection with the performance of the duties or tasks of the Animal Health Technician;

(2) Fraud or deceit in procuring certification as an Animal Health Technician;

(3) Performing tasks otherwise than under the direct supervision of a licensed veterinarian;

(4) Conviction in any court, state or federal, of any felony;

(5) Representing himself or permitting another to represent him as a Doctor of Veterinary Medicine;

(6) Conviction on a charge of cruelty to animals;

(7) Violation of the code of conduct as adopted by the board;

(8) Any conduct in violation of this article.

Section 40-69-500. No action to deny, revoke, or suspend a certificate of an Animal Health Technician may be taken until the person has been furnished a statement of the charges against him by the board. Preferring of charges, hearings, appeals, and reinstatements shall be conducted by the board as stated in Section 40-69-150.

Section 40-69-510. A complete roster that shows all the names and places of employment of Certified Animal Health Technicians in this State must be prepared annually by the board by April fifteenth of each year. This list must be filed with the secretaries of the South Carolina Association of Veterinarians and South Carolina Certified Animal Health Technician Association.
All persons certified as an Animal Health Technician must display in his place of employment at all times his current certificate issued by the board.

Section 40-69-520. Any person who works as an Animal Health Technician without first having complied with the board as provided by this article, or who knowingly presents to or files false information with the board for the purpose of obtaining a certificate, is guilty of a misdemeanor and upon conviction shall be fined not less than fifty dollars or imprisoned for not less than thirty days.

Section 40-69-530.   Any person previously issued a certificate to work as an Animal Health Technician on or before August 1, 1981, by the South Carolina State Board of Veterinary Medical Examiners shall, upon payment of the required fee, be issued a certificate by the board.

Section 40-69-540.   Any person performing acts as a certified Animal Health Technician in compliance with this article shall not be deemed to be engaging in the practice of veterinary medicine as defined in Section 40-69-20.

Section 40-69-5.   Unless otherwise provided for in this chapter, Article 1, Chapter 1 of Title 40 applies to licensed veterinarians and veterinary technicians 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 40-69-10.   (A)   There is created the State Board of Veterinary Medical Examiners to be composed of nine members, one of whom must be a consumer advocate member from the State at large, one of whom must be a licensed veterinary technician practicing in this State, one of whom must be a veterinarian from the State at large, and six of whom must be veterinarians representing each of the six congressional districts. Each veterinarian must be a resident of the State, licensed by the State, and currently practicing. Each veterinarian representing a congressional district must reside in the district that he represents. The consumer advocate member must be a resident of the State. The terms of the members are for six years and until their successors are appointed and qualify. No member is allowed successive terms of office.

(B)   The veterinarian at large, the veterinary technician, and the consumer advocate member must be appointed by the Governor. The board shall conduct an election to nominate two veterinarians from each congressional district. The election must provide for participation by all veterinarians currently licensed and residing in the respective nominating district. The names of the nominees must be forwarded to the Governor by the board and the Governor may appoint one of the nominees as the member; however, the Governor may reject any or all of the nominees upon satisfactory showing of the unfitness of those rejected. If the Governor declines to appoint any of the nominees submitted, additional nominees must be submitted in the same manner. Vacancies must be filled in the manner of the original appointment for the unexpired portion of the term.

(C)   The Governor may remove a member of the board based on grounds provided for in Section 1-3-240. No member may be removed without first giving the member an opportunity to refute the charges filed against that member, and the member must be given a copy of the charges at the time they are filed.

(D)   If a board member is disqualified and the member's absence results in the lack of a quorum or an adequate number of members to perform official functions, the Governor may appoint an individual to replace the member during the period of disqualification. This individual shall meet the same qualifications as the member being replaced and shall take the same oath as required of other members of the board.

Section 40-69-20.   As used in this chapter, unless the context clearly indicates otherwise:

(1)   'Animal' means an animal other than a human and includes fowl, birds, reptiles, and fish which are wild or domestic, living or dead.

(2)   'Board' means the South Carolina State Board of Veterinary Medical Examiners.

(3)   'Direct supervision' means that a veterinarian currently licensed to practice veterinary medicine in this State is available on the premises and within immediate vocal communication of the supervisee.

(4)   'Emergency clinic' means a facility having as its primary function the receiving, treatment, and monitoring of emergency patients during its specified hours of operation.

(5)   'Emergency hospital' means a facility whose primary function is the receiving, treatment, and monitoring of emergency patients during its specified hours of operation and includes the confinement of emergency patients.

(6)   'Immediate supervision' means that a licensed veterinarian is within direct eyesight and hearing range.

(7)   'Indirect supervision' means the supervising licensed veterinarian is available for immediate voice contact by telephone, radio, or other means and shall provide consultation and review of cases at the veterinary facility.

(8)   'License' means any permit, approval, registration, or certificate issued by the board.

(9)   'Licensed veterinarian' means a person who is licensed pursuant to this chapter to practice veterinary medicine in this State.

(10)   'Licensed veterinary technician' means a person who has received a degree in animal health technology from an American Veterinary Medical Association accredited school offering a program in animal health technology and who has been licensed to practice in this State. This person must be knowledgeable in the care and handling of animals, in the basic principles of normal and abnormal life processes, and in routine laboratory and clinical procedures. The performance of the licensed veterinary technician must be under the supervision of a veterinarian licensed to practice in this State.

(11)   'Mobile facility' means a vehicle with special medical or surgical facilities or a vehicle suitable only for making house or farm calls.

(12)   'Practice of veterinary medicine' means to:

(a)   diagnose, prescribe, or administer a drug, medicine, biologic, appliance, or application or treatment of whatever nature for the cure, prevention, or relief of a wound, fracture, or bodily injury or disease of an animal;

(b)   perform a surgical operation, including cosmetic surgery, upon an animal;

(c)   perform a manual procedure for the diagnosis or treatment for sterility or infertility of an animal, including embryo transplants;

(d)   offer, undertake, represent, or hold oneself out as being qualified to diagnose, treat, operate, or prescribe for an animal disease, pain, injury, deformity, or physical condition;

(e)   use words, letters, or titles in such connection or under such circumstances as to induce the belief that the person using them is engaged in the practice of veterinary medicine; this use is prima facie evidence of the intention to represent oneself as engaged in the practice of veterinary medicine.

(13)   'School of veterinary medicine' means a veterinary school or college that offers the D.V.M. or equivalent degree and whose course of study conforms to the standards required for accreditation by the American Veterinary Medical Association and approved by the board.

(14)   'Telemedicine' is a audio, video, or data communication of medical information.

(15)   'Temporary license' means temporary permission to practice veterinary medicine or animal technology issued pursuant to this chapter.

(16)   'Therapeutic options or alternate therapies' means, but is not limited to, the veterinary practice of acupuncture, manipulation and adjustment, magnetic field therapy, holistic medicine, homeopathy, herbology/naturopathy, massage, and physical therapy.

(17)   'Veterinarian' means a person who has received a doctor's degree or equivalent in veterinary medicine.

(18)   'Veterinary aide' means a nurse, attendant, intern, technician, or other employee of a veterinarian, other than a licensed veterinary technician.

(19)   'Veterinary medicine' includes veterinary surgery, obstetrics, dentistry, and all other branches or specialties of veterinary medicine.

(20)   'Veterinary student preceptee' means a person who is a student enrolled and in good standing in a recognized college of veterinary medicine. The student's presence in a practice may be as part of a normal preceptorship program of the college or as an informal arrangement between the student and a veterinarian licensed by the board.

Section 40-69-30.   A person may not practice veterinary medicine without a license issued in accordance with this chapter. A person who uses in connection with his name the words or letters 'D.V.M.', 'V.M.D.', 'Doctor of Veterinary Medicine', 'Veterinary Medical Doctor', or other letters, words, or insignia indicating or implying that one is a veterinarian or who in any other way, orally or in writing or in print or by sign directly or by implication, represents oneself as a veterinarian without being licensed by the board is subject to the penalties provided for in this chapter.

Section 40-69-40.   In addition to the powers and duties enumerated in Section 40-1-50, the board, at the first board meeting in each calendar year, shall elect from the professional membership a chairman, vice chairman, and any other officer it considers necessary. The board shall meet at least twice a year and upon the call of the chairman or any two members of the board. Action of the board may be taken at regular or special meetings, and a majority of the appointed members of the board constitutes a quorum.

Section 40-69-50.   The board must be administered by the Department of Labor, Licensing and Regulation as a revenue funded board in accordance with Section 40-1-50.

Section 40-69-60.   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 40-69-70.   The board shall regulate the issuance of licenses and temporary licenses and shall discipline veterinarians and veterinary technicians in any manner authorized by this chapter. The powers and duties of this board include, but are not limited to:

(1)   determining the eligibility of applicants for examination and licensure;

(2)   examining applicants for licensure including, but not limited to:

(a)   prescribing the subjects, character, and manner of licensing examinations;

(b)   preparing, administering, and grading the examination or assisting in the selection of a contractor for the preparation, administration, or grading of the examination;

(3)   establishing criteria for issuing, renewing, and reactivating authorizations to practice to qualified applicants, including the issuance of active or permanent, temporary, limited, and inactive licenses, or other categories as may be created;

(4)   adopting a code of professional ethics appropriate to the profession or occupation of veterinary medicine;

(5)   evaluating and approving continuing education course hours and programs;

(6)   conducting hearings on alleged violations of this chapter and regulations promulgated under this chapter;

(7)   resolving consumer complaints, where appropriate and possible;

(8)   disciplining persons licensed under this chapter in a manner provided for in this chapter;

(9)   promulgating regulations which have been submitted to the Director of the Department of Labor, Licensing and Regulation at least thirty days in advance of filing with the Legislative Council pursuant to Section 1-23-30;

(10)   adopting and enforcing regulations for selling and dispensing prescriptions and controlled veterinary drugs, pharmaceuticals, and biologics in accordance with federal and state laws;

(11)   adopting and enforcing regulations setting minimum standards for all facilities where veterinary medicine is practiced.

Section 40-69-80.   As provided in Section 40-1-80, for the purpose of conducting an investigation under this chapter, the department or a person designated by the department may subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry.

Section 40-69-90.   (A)   The board may receive complaints against a licensee and may require the complaints to be submitted in writing and to be signed by the complainant. The Department of Labor, Licensing and Regulation 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 direct the department to file a formal complaint charging the licensee with a violation of this chapter or a regulation promulgated pursuant to this chapter. The board administrator shall notify the licensee in writing not less than thirty days before the hearing, and a copy of the formal complaint must be attached to the notice. The notice must be served personally or sent to the licensee by mail, return receipt requested, directed to the last mailing address furnished to the board. The post office receipt signed by the licensee, the licensee's agent, or a responsible member of the licensee's 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)   A licensee 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 licensee'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 licensee.

Section 40-69-100.   In addition to other remedies provided for in this chapter or Section 40-1-100, the board 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.

Section 40-69-110.   (A)   In addition to other grounds provided in Section 40-1-110, the board, after notice and a hearing conducted in accordance with the Administrative Procedures Act, may restrict or refuse to grant a license to an applicant or may refuse to renew the license of a licensed person or may suspend, revoke, or restrict a veterinarian or veterinary technician who has:

(1)   violated this chapter or a regulation promulgated by the board;

(2)   used a false, fraudulent, or forged statement or document or performed a fraudulent, deceitful, or dishonest act by the holder of a license in connection with a license requirement;

(3)   failed to display a license;

(4)   caused to be published or circulated directly or indirectly a fraudulent, false, or misleading statement as to the skill or methods of practice of a licensee;

(5)   misrepresented the inspection of food for human consumption;

(6)   used a false or fraudulent statement in a document connected with the practice of veterinary medicine;

(7)   obtained fees or assisted in obtaining fees under deceptive, false, or fraudulent circumstances;

(8)   failed to provide and maintain facilities as directed by regulation of the board;

(9)   refused to allow the board or an authorized representative of the board to inspect the business premises of the licensee during regular business hours;

(10)   circulated knowingly untrue, fraudulent, misleading, or deceptive advertising;

(11)   engaged in unprofessional or unethical conduct or engaged in practices in connection with the practice of veterinary medicine which are in violation of the standards of professional conduct as defined in this chapter or prescribed by regulations of the board;

(12)   engaged in conduct determined by the board to be incompetent or negligent in the practice of veterinary medicine;

(13)   made a false statement in an oath or affidavit which is required by this chapter;

(14)   had another state revoke a license to practice veterinary medicine in that state;

(15)   been convicted on a charge of cruelty to animals;

(16)   been convicted of a federal or state law relating to narcotic drugs;

(17)   a physical or mental impairment or disability which renders practice dangerous to the public;

(18)   performed an act which in any way assists a person to practice in violation of this chapter;

(19)   misused a controlled substance for other than specific treatment of an animal patient;

(20)   has employed or permitted a person who does not hold a license to practice veterinary medicine in this State to perform work which, under this chapter, can lawfully be done only by a person holding a license to practice veterinary medicine;

(21)   practiced veterinary medicine while under the influence of alcohol or any drug to such a degree as to adversely affect the performance of a veterinarian's professional obligations and duties;

(22)   been adjudged mentally incompetent by a court of competent jurisdiction; upon notice of a legal determination of incompetency, an individual's license is automatically suspended until the individual is adjudged legally competent;

(23)   failed to report, as required by law, or made a false report of a contagious or infectious disease;

(24)   been convicted of a felony, misdemeanor, or a crime involving moral turpitude; forfeiture of a bond or a plea of nolo contendere is considered the equivalent of a conviction;

(25)   been disciplined by a licensing or disciplinary authority of a state, country, or nationally recognized professional organization or convicted or disciplined by a court of a state or country for an act that would be grounds for disciplinary action under this section;

(26)   has engaged in a pattern or practice of violations of this chapter or regulations promulgated under this chapter.

(B)   In enforcing items (16), (17), (19), (20), (21), or (22), the board upon reasonable grounds may require a licensee or applicant to submit to a mental or physical examination by physicians designated by the board. The results of an examination are admissible in a hearing before the board, notwithstanding a claim of privilege under a contrary rule of law or statute. A person who accepts the privilege of practicing veterinary medicine in this State or who files an application for a license to practice veterinary medicine in this State is deemed to have consented to submit to a mental or physical examination and to have waived all objections to the admissibility of the results in a hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant fails to submit to an examination when properly directed to do so by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing veterinary medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of veterinary medicine with reasonable skill and safety to patients.

(C)   In enforcing subsection (A), items (16), (17), (19), (20), (21), or (22), the board upon reasonable grounds may obtain records relating to the mental or physical condition of a licensee or applicant including, but not limited to, psychiatric records; and these records are admissible in a hearing before the board, notwithstanding any other provision of law. A person who accepts the privilege of practicing veterinary medicine in this State or who files an application to practice veterinary medicine in this State is deemed to have consented to the board obtaining these records and to have waived all objections to the admissibility of these records in a hearing before the board upon the grounds that the same constitutes a privileged communication. If a licensee or applicant refuses to sign a written consent for the board to obtain these records when properly requested by the board, unless the failure was due to circumstances beyond the person's control, the board shall enter an order automatically suspending or denying the license pending compliance and further order of the board. A licensee or applicant who is prohibited from practicing veterinary medicine under this subsection must be afforded at reasonable intervals an opportunity to demonstrate to the board the ability to resume or begin the practice of veterinary medicine with reasonable skill and safety to patients.

Section 40-69-115.   The board has jurisdiction over the actions of licensees and former licensees as provided for in Section 40-1-115.

Section 40-69-120.   Upon a determination by the board that one or more of the grounds for discipline of a licensee exists, the board may impose sanctions as provided in Section 40-1-120, including imposing a fine of not more than two thousand dollars for each violation.

Section 40-69-130.   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 40-69-140.   A license may be denied based on a person's prior criminal record only as provided for in Section 40-1-140.

Section 40-69-150.   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 40-69-160.   A person aggrieved by a final action of the board may seek review of the decision in accordance with Section 40-1-160.

Section 40-69-170.   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 40-69-180.   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 40-69-190.   (A)   All documents filed in a proceeding shall be public at the time that an answer to the formal complaint is filed or is due.

(B)   A person is immune from liability for any communication, oral or written, made to the board, department, staff, counsel, or any other person acting on behalf of the board or department during the investigation, hearing, or adjudication of disciplinary matters including, but not limited to, investigative reports concerning interviews and issues under investigation, correspondence, summaries, incident reports, computer printouts, and documents created during peer review proceedings.

(C)   Information that has been declared confidential or personal under this chapter or other applicable law must not be disclosed, except to the extent necessary for the proper disposition of the matter before the board and after being declared confidential must be protected in the same manner as provided in Section 40-71-20 or as otherwise provided by law.

(D)   The identity of the initial complainant and any confidential informants or other witnesses who do not testify must not be disclosed to other parties, entities, or persons, and all information contained in confidential investigative files must not be disclosed for any reason whatsoever, except as provided below.

(E)   A party to a disciplinary proceeding may petition the board or the appropriate hearing officer for an order to close the hearing or the record, or both, in whole or in part, to protect patients or clients or other witnesses from disclosure of personal or confidential information.

(F)   A witness in a disciplinary proceeding may petition the board or the appropriate hearing officer for an order to close the hearing or the record, or both, in whole or in part, to protect the witness from disclosure of personal or confidential information.

(G)   Upon a finding that the health or safety or the personal privacy of a party or a witness would be unreasonably put at risk by the disclosure of identifying information or of other personal information, or if an existing order so provides, the board or the appropriate hearing officer must grant the motion to protect personal privacy.

(H)   If a motion to protect personal privacy is granted, all public records must refer to that witness, patient, or client by an identifier number.

(I)   If the department receives information indicating a violation of state or federal law, the department may provide that information, to the extent the department considers necessary, to the appropriate state or federal law enforcement or regulatory body.

(J)   Information in investigative files or disciplinary proceedings may not be expunged pursuant to any other provision of state law.

Section 40-69-200.   (A)   A person who practices or offers to practice veterinary medicine or veterinary technology in violation of this chapter, or who knowingly presents to or files false information with the board for the purpose of obtaining a license, is guilty of a misdemeanor and upon conviction must be fined not less than five hundred dollars or more than twenty-five hundred dollars or imprisoned for not less than thirty days. Each act of unlawful practice constitutes a separate offense.

(B)   A person performing acts as a licensed veterinary technician in compliance with this chapter may not be deemed to be engaging in the practice of veterinary medicine.

Section 40-69-210.   (A)   If the board has reason to believe that a person is violating or intends to violate a provision of this chapter, it may, in addition to all other remedies, order the person to immediately desist and refrain from that conduct. Upon a finding of a second offense, the board may impose a civil fine of no more than ten thousand dollars. Each act of unlawful practice constitutes a separate offense.

(B)   The board may apply to an administrative law judge, as provided under Article 5, Chapter 23, Title 1, for an injunction restraining the person from that conduct. An administrative law judge may issue a temporary injunction ex parte and upon notice and full hearing may issue any other order in the matter as it considers proper. A bond may not be required of the board by an administrative law judge as a condition to the issuance of an injunction or order contemplated by the provisions of this section.

(C)   A member of the board or its committees, special examiners, agents, and employees may not be held liable for acts performed in the course of official duties, except where actual malice is shown. For the purpose of an investigation or proceeding under the provisions of this chapter, the board or any person designated by it may administer oaths and affirmations, subpoena witnesses, take evidence, and require the production of documents or records which the board considers relevant to the inquiry.

Section 40-69-215.   The board shall not issue a cease and desist notice to an individual who has been hired solely for the act of 'floating' teeth in an equine. If that animal requires sedation or anesthesia, a licensed professional holding a Drug Enforcement Administration and South Carolina drug license must administer the controlled substance in accordance with state and federal law.

Section 40-69-220.   (A)   An applicant for a veterinary license examination shall submit to the board, on or before a specified date to be determined by the board, a completed application on forms prescribed by the board and supported by proper credentials and the payment of a fee to be set by the board in regulation.

(B)   Fees must not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws an application, or is issued or denied a license. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee.

(C)   After the board accepts the application and finds that the applicant is otherwise qualified to meet the requirements necessary to practice veterinary medicine, the applicant may be examined by the board at its next scheduled examination date. The board shall give notice to the applicant of the exact time and place of the examination.

(D)   The board shall conduct examinations of all applicants, and the board may examine a veterinary applicant who submits satisfactory evidence that the applicant:

(1)   is a graduate of a school or college of veterinary medicine approved by the board or holds an certificate issued by the Education Commission of Foreign Veterinary Graduates or credentials issued by a credentialing entity approved by the board;

(2)   has paid the required fee;

(3)   has provided other documents as the board may require.

(E)   The board, except as otherwise provided for in this chapter, shall require the applicant to take a written examination to test the applicant's knowledge of and proficiency in subjects and techniques commonly taught in veterinary schools, or the board may accept the results of the written examinations conducted by the National Board of Veterinary Examiners or other nationally recognized examination organizations approved by the board. The board may administer an additional examination to determine an applicant's familiarity with applicable state law.

(F)   The board shall establish a minimum passing grade for each examination given by the board. If the applicant makes the minimum passing grade on the examination as established by the board and the board finds that the applicant is otherwise worthy, competent, and qualified, the board shall issue the applicant a license to practice veterinary medicine in this State.

(G)   The examination of applicants for licenses to practice veterinary medicine must be conducted in accordance with regulations promulgated by the board.

Section 40-69-230.   (A)   An applicant for a veterinary technician license examination shall submit to the board, on or before a specified date to be determined by the board, a completed application on forms prescribed by the board and supported by proper credentials and the payment of a fee to be set by the board in regulation.

(B)   Fees must not be returned under any circumstances, regardless of whether the applicant is accepted for examination, fails the examination, withdraws the application, or is issued or denied a license. If an applicant fails to take the examination for a legitimate reason, the board may allow the applicant to take the examination at a later date without having to pay another fee.

(C)   After the board accepts the application and finds that the applicant is otherwise qualified to meet the requirements necessary to practice veterinary technology, the applicant may be examined by the board at its next scheduled examination date. The board shall give notice to the applicant of the exact time and place of the examination.

(D)   The board shall conduct examinations of all applicants, and the board may examine an applicant who submits satisfactory evidence that the applicant:

(1)   is at least eighteen years of age;

(2)   is a graduate of an American Veterinary Medical Association accredited school of animal technology;

(3)   has paid the required fee;

(4)   has provided other documents as the board may require.

(E)   The examination of an applicant for licensure must be conducted in accordance with regulations promulgated by the board. The board shall require the applicant to take a written examination in subjects relating to veterinary technology as the board may require. The board shall accept the Veterinary Technician National Examination or other nationally recognized examinations approved by the board The board may administer an additional examination to determine an applicant's familiarity with applicable state law.

(F)   The board shall establish a minimum passing grade for each examination given and shall hold at least one examination annually. Each applicant is entitled to at least one reexamination.

(G)   A person previously issued a certificate to work as a veterinary technician before August 2, 1981, by the South Carolina State Board of Veterinary Medical Examiners, upon payment of the required fee must be issued a certificate by the board.

Section 40-69-240.   (A)   The board may issue a temporary license to practice veterinary medicine or veterinary technology to an applicant if the applicant has satisfied:

(1)   the qualifications and requirements of Section 40-69-220 or Section 40-69-230, as applicable;

(2)   filed an application, including any other required documentation, to take the examination;

(3)   paid a temporary license fee which must be set by the board in regulation. This fee is in addition to the examination fee;

(4)   has been granted a degree from an accredited veterinary college or degree in veterinary technology.

(B)   A temporary license entitles the holder to practice only until the board has acted upon the application for a permanent license after the applicant completes the next regularly scheduled examination. A temporary license is not renewable. Only one temporary license may be issued to a person. The board may renew a temporary license of a person who is unable to attend the examination because of illness, accident, or other reasonable condition beyond the person's control until the board is able to act on the application after the person completes the required examination.

(C)   A temporary license entitles the holder to practice with supervision in accordance with the following:

(1)   A veterinarian holding a current and valid license and who has been practicing for a period of not less than sixty days in another state, post-graduation, may practice with indirect supervision as defined in this chapter.

(2)   A veterinarian who has been granted a degree from a veterinary college but who cannot provide evidence of sixty days of clinical practice, post-graduation, may practice with direct supervision as defined in this chapter.

(3)   A veterinary technician holding a current and valid license in another state may practice with direct or indirect supervision at the discretion of the licensed veterinarian and in compliance with this chapter or as set forth in regulation.

(4)   A veterinary technician who does not hold a current and valid license in another state may practice with direct supervision of a licensed veterinarian.

Section 40-69-250.   (A)   A license issued pursuant to this chapter is valid for a period of time not to exceed two years and may be renewed in accordance with procedures promulgated by the board in regulation upon the payment of a renewal fee and upon fulfillment of continuing education, if required by the board in regulation. Failure to pay the renewal fee, including any late fees, before the first day of February of the renewal year renders the license void.

(B)   A licensee who allows the license to lapse by failing to renew the license in accordance with this section may be reinstated by the board upon payment of renewal fees and satisfaction of continuing education requirements, if required, by the board in regulation. The board may assess a reinstatement fee and impose additional requirements for reinstatement as may be established in regulation.

(C)   The board also may issue a duplicate license to replace one that has been lost or destroyed upon payment of a fee established in regulation. A duplicate license must have the word 'Duplicate' typed or printed across the face of the license.

(D)   A person licensed pursuant to this chapter must display the license in a prominent and conspicuous place in the person's primary place of practice.

(E)   A licensee shall notify the board in writing of a change in name or mailing address within thirty days and, when requesting a name change on a license, shall submit legal documentation indicating the name change.

Section 40-69-260.   (A)   The board may issue a license to a qualified applicant who:

(1)   is licensed to practice veterinary medicine in another state if the applicant furnishes satisfactory proof that he is a graduate of an approved veterinary college and is in good standing in his respective state;

(2)   has passed the National Board Examination and the Clinical Competency Test as prepared under the authority of the National Board Examination Committee for Veterinary Medicine (NBEC), or its predecessor organization, the National Board of Veterinary Medical Examiners, or any subsequent national licensing examination prepared under the authority of the NBEC or the American Association of Veterinary State Boards; and

(3)   has completed thirty qualifying continuing education hours within the previous two years.

(B)   A person may not be licensed under this section except upon proof that he has taken and passed a written examination in at least one of the states in which he is licensed.

(C)   The board shall use the examination prepared by the National Board Examination Committee or other nationally recognized veterinary examinations approved by the board in lieu of a state written and practical examination. The board may administer an additional examination to determine an applicant's familiarity with applicable state law.

Section 40-69-270.   (A)   A person may not engage in the practice of veterinary medicine in this State without a current and valid license issued by the board pursuant to this chapter. Nothing in this chapter may be construed to prohibit:

(1)   a person who is a regular student, technician, or instructor in a legally chartered educational institution from the performance of those duties and actions conducted as a responsibility in teaching and research or a veterinary student preceptee working under the direct supervision of a licensed veterinarian during a school vacation period or in a preceptorship program;

(2)   a veterinarian holding a current and valid license in another state from acting as a consultant with a licensed veterinarian of this State;

(3)   a veterinarian who is a member of the Armed Forces of the United States or who is an employee of the United States Department of Agriculture, the United States Public Health Service, or other federal agencies or the State of South Carolina or political subdivisions of this State from performing official duties in accordance with employment;

(4)   a person or a regular employee from administering to the person's own animals, except when the ownership is so vested for the purpose of circumventing the provisions of this chapter or except when the employee is so employed for the purpose of circumventing the provisions of this chapter; however, the administration to the animals must be in compliance with all federal, state, and local laws;

(5)   state or federal agencies, accredited schools, research institutions, foundations, corporations, or employees of these, which or who conduct experiments and scientific research using animals if the research or testing is performed in compliance with all federal, state, and local laws;

(6)   a person from performing artificial insemination to animals;

(7)   initiation of prescribed emergency procedures in life threatening situations by a veterinary technician employed by a licensed veterinarian;

(8)   a merchant from selling, at a regular place of business, medicines, feed, appliances, or other animal health products if all sales are done in compliance with all federal, state, and local laws and in accordance with regulations promulgated by the board.

(B)   Nothing in this chapter limits or affects the practice of a person who is licensed in this State and who is acting within the scope of another licensed practice or profession.

(C)   Nothing in this chapter affects the practice of qualified persons to whom a licensed veterinarian has delegated the performance of procedures, therapeutic options, and alternate therapies. The delegating veterinarian must verify the qualifications of these persons and their competencies before delegation. The delegating veterinarian remains responsible for the general care of the patient.

Section 40-69-280.   (A)   An animal is considered abandoned when the animal has been placed in the custody of a licensed veterinarian for boarding, treatment, or other care and is unclaimed by its owner or the owner's agent and the owner or the owner's agent has not paid the charges for the boarding, treatment, or other care within ten days of notice of these charges being provided to the owner or the owner's agent in accordance with this section and no other payment agreement with the owner or the owner's agent has been reached.

(B)   The notice required in subsection (A) must be given to the owner of the animal or the owner's agent at his last known address by registered mail or by certified mail, return receipt requested, and must contain a statement that if the animal is not claimed and if the charges are not paid within ten days after receipt of the notice, the animal may be sold, donated, turned over to the nearest humane society or animal shelter or otherwise disposed of as the person having custody of the animal considers proper.

(C)   The owner of an abandoned animal is deemed to have relinquished all rights and claims to the animal by virtue of the abandonment.

(D)   Providing notice to the owner or the owner's agent pursuant to this section relieves the custodian of the animal of any liability for the sale, donation, euthanasia, or other disposal of the animal.

Section 40-69-285.   A licensed veterinarian has a lien on each animal treated, boarded, or cared for while in the veterinarian's custody for payment of charges for treatment, board, or care of the animal. The veterinarian has the right to retain the animal until the charges are paid by the owner of the animal.

Section 40-69-290.   An emergency clinic or emergency hospital is a facility which advertises or otherwise purports to provide veterinary medical services during specified hours of operation or during periods when these services are not normally available through other facilities. Nothing contained in this chapter is intended to prohibit a facility from providing services of an emergency nature.

A licensed veterinarian must be in attendance at the emergency facility at all hours of operation and have sufficient staff always available to provide timely and appropriate care.

Section 40-69-295.   Regardless of mode of transportation, a mobile facility must have a permanent base of operation with a published address and telephone facilities for making appointments or responding to emergency situations."

SECTION   2.   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   3.   This act takes effect upon approval by the Governor.   /

Amend title to conform.

/s/Robert L. Waldrep, Jr.         /s/Thomas M. Dantzler
/s/C. Bradley Hutto               /s/Marion B. Frye
Daniel B. Verdin III              /s/John J. Snow
On Part of the Senate.              On Part of the House.

Rep. DANTZLER explained the Conference Report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The following Bills and Joint Resolutions were taken up, read the third time, and ordered sent to the Senate:

H. 5244 (Word version) -- Rep. Barfield: A BILL TO ENACT THE HORRY COUNTY SCHOOL DISTRICT SCHOOL BOND-PROPERTY TAX RELIEF ACT SO AS TO AUTHORIZE THE IMPLEMENTATION, FOLLOWING REFERENDUM APPROVAL, OF A SALES AND USE TAX IN HORRY COUNTY NOT TO EXCEED ONE PERCENT FOR NOT MORE THAN TEN YEARS FOR DEBT SERVICE ON GENERAL OBLIGATION BONDS ISSUED FOR SCHOOL CONSTRUCTION AND RENOVATION OR FOR DIRECT PAYMENTS FOR SCHOOL CONSTRUCTION AND RENOVATION.

H. 5246 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO PROVIDE THAT THE SEVEN MEMBERS OF THE BOARD MUST BE APPOINTED BY THE DORCHESTER COUNTY COUNCIL AND PROVIDE THAT A MEMBER OF A SCHOOL BOARD OF TRUSTEES MAY NOT SERVE ON THE VOCATIONAL EDUCATION BOARD.

H. 5257 (Word version) -- Rep. Stille: A BILL TO AMEND ACT 1675 OF 1972, AS AMENDED, RELATING TO THE DONALDS-DUE WEST WATER AND SEWER AUTHORITY, SO AS TO ADD TWO MEMBERS TO THE AUTHORITY APPOINTED BY THE GOVERNOR ON THE RECOMMENDATION OF THE ABBEVILLE COUNTY LEGISLATIVE DELEGATION, TO ADD AND DEFINE THE EXTENDED SERVICE AREA OF THE AUTHORITY FROM WHICH THESE TWO NEW MEMBERS SHALL RESIDE, AND TO MAKE CONFORMING AMENDMENTS.

H. 5258 (Word version) -- Reps. Hamilton, Allen, Cato, Haskins, Leach, Mahaffey, Rice, F. N. Smith, Taylor and Tripp: A JOINT RESOLUTION TO ESTABLISH A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS AS TO WHETHER OR NOT THE SCHOOL DISTRICT OF GREENVILLE COUNTY SHOULD BE SUBDIVIDED INTO NOT LESS THAN THREE SEPARATE SCHOOL DISTRICTS IF A MAJORITY OF THE ELECTORS OF THE DISTRICT AT A REFERENDUM TO BE HELD AT THE SAME TIME AS THE 2004 GENERAL ELECTION VOTE IN FAVOR OF ESTABLISHING THE TASK FORCE.

H. 5262 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FLEXIBILITY THROUGH DEREGULATION PROGRAM, DESIGNATED AS REGULATION DOCUMENT NUMBER 2881, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

H. 5263 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO GIFTED AND TALENTED, DESIGNATED AS REGULATION DOCUMENT NUMBER 2878, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bills and Joint Resolution 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. 816 (Word version) -- Senators Ford and Kuhn: A JOINT RESOLUTION TO DIRECT THE SOUTH CAROLINA STATE HOUSE COMMITTEE TO MODIFY THE MONUMENT ERECTED ON THE GROUNDS OF THE CAPITOL COMPLEX IN RECOGNITION OF THE ACCOMPLISHMENTS OF THE LATE STROM THURMOND, UNITED STATES SENATOR FROM THE PALMETTO STATE, SO AS TO INCLUDE THE NAME OF ESSIE MAE WASHINGTON-WILLIAMS AMONG THE ENGRAVED NAMES OF HIS CHILDREN.

S. 828 (Word version) -- Senators Leatherman and Cromer: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS PROVISIONS REGULATING PHARMACIES INCLUDING, AMONG OTHER THINGS, FACILITY REQUIREMENTS AND SUPERVISORY REQUIREMENTS FOR PHARMACISTS AND PHARMACY TECHNICIANS, SO AS TO PROVIDE THAT A PHARMACIST MAY NOT SUPERVISE MORE THAN THREE PHARMACY TECHNICIANS AND THAT THROUGH JUNE 30, 2006, ONE OF THESE THREE TECHNICIANS MUST BE STATE-CERTIFIED AND THAT AFTER JUNE 30, 2006, TWO MUST BE STATE-CERTIFIED, AND IF A PHARMACIST SUPERVISES ONE OR TWO TECHNICIANS, THEY ARE NOT REQUIRED TO BE CERTIFIED.

S. 869 (Word version) -- Senator J. V. Smith: A BILL TO AMEND CHAPTER 35, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF LONG TERM HEALTH CARE ADMINISTRATORS, SO AS TO SPECIFY EXPERIENCE REQUIRED TO QUALIFY FOR LICENSURE AS A NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATOR, TO PROHIBIT LICENSURE OF A PERSON WHO HAS BEEN CONVICTED OF A CRIME RELATED TO THE PRACTICE OF NURSING HOME OR COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATION, TO DELETE SPECIFIC FEES AND REQUIRE FEES TO BE PROMULGATED IN REGULATION, TO FURTHER SPECIFY ACTS OF MISCONDUCT, TO SPECIFY THE AMOUNT OF CIVIL FINES THAT MAY BE IMPOSED GENERALLY AND SPECIFICALLY FOR UNLAWFUL PRACTICE, TO FURTHER PROVIDE FOR THE REGULATION OF NURSING HOME AND COMMUNITY RESIDENTIAL CARE FACILITY ADMINISTRATORS, AND TO MAKE TECHNICAL CORRECTIONS.

S. 1120 (Word version) -- Senator Moore: A BILL TO AMEND ARTICLE 7, CHAPTER 6, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING TO THE ARTICLE RURAL HOSPITALS FOR RECOGNITION AND DESIGNATION AND TO DEFINE RURAL HOSPITALS.

S. 852 (Word version) -- Senator McGill: A BILL TO AMEND SECTIONS 9-1-10 AND 9-11-10, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE POLICE OFFICERS RETIREMENT SYSTEM, RESPECTIVELY, SO AS TO PROVIDE THAT THE DEFINITION OF "PUBLIC SERVICE" INCLUDES PAID SERVICE RENDERED AS AN EMPLOYEE OF A POSTSECONDARY PUBLIC TECHNICAL COLLEGE OR PUBLIC JUNIOR COLLEGE, OR A PUBLIC FOUR-YEAR OR POSTGRADUATE INSTITUTION OF HIGHER EDUCATION, WHILE THE MEMBER WAS A STUDENT AT THAT INSTITUTION.

S. 277 (Word version) -- Senator Hayes: A BILL TO AMEND SECTION 4-9-195, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AUTHORITY OF A COUNTY TO GRANT SPECIAL PROPERTY TAX ASSESSMENTS TO HISTORIC PROPERTIES AND LOW AND MODERATE INCOME RENTAL PROPERTIES, SO AS TO ESTABLISH CRITERIA BY WHICH A COUNTY MAY OFFER ECONOMIC INCENTIVES FOR RENOVATION AND REHABILITATION OF ARCHITECTURALLY SIGNIFICANT HOMES BY OWNERS WHO OCCUPY THEM.

S. 90 (Word version) -- Senators Hayes, Ravenel, Reese and Rankin: A BILL TO AMEND SECTION 59-18-1580, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DECLARATION OF A STATE OF EMERGENCY IN A SCHOOL DISTRICT RATED UNSATISFACTORY, SO AS TO AUTHORIZE THE STATE BOARD OF EDUCATION, THROUGH THE STATE SUPERINTENDENT, TO IMPLEMENT A TRAINING PROGRAM FOR THE SCHOOL DISTRICT BOARD OF TRUSTEES AND THE DISTRICT SUPERINTENDENT, TO AUTHORIZE THE STATE BOARD OF EDUCATION TO ACT AS A MEDIATOR OF PERSONNEL ISSUES BETWEEN THE DISTRICT BOARD AND DISTRICT SUPERINTENDENT, TO PROVIDE THAT THE EDUCATION OVERSIGHT COMMITTEE RECRUIT AND TRAIN CITIZENS TO FORM A POOL FOR THE APPOINTMENT OF NONVOTING MEMBERS TO THE DISTRICT BOARD IN A DISTRICT CONSIDERED TO BE UNSATISFACTORY, TO REQUIRE THE DISTRICT BOARD TO MAKE AT LEAST TWO APPOINTMENTS FROM THE POOL TO THE DISTRICT BOARD FOR THE PURPOSE OF REPRESENTING THE INTERESTS OF THE STATE BOARD OF EDUCATION IN A DISTRICT RATED UNSATISFACTORY, AND TO PROVIDE FOR COMPENSATION OF THE NONVOTING MEMBERS.

S. 759 (Word version) -- Senators Hayes and Reese: A BILL TO AMEND CHAPTER 102 OF TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ATHLETE AGENTS AND STUDENT ATHLETES, SO AS TO ENACT THE "UNIFORM ATHLETE AGENTS ACT OF 2004", AND TO PROVIDE FOR: DEFINITIONS, APPLICATIONS, REGISTRATION, AND RENEWAL OF REGISTRATION FOR ATHLETE AGENTS, SERVICE OF PROCESS UPON INDIVIDUALS ACTING AS ATHLETE AGENTS IN THIS STATE, DUTIES OF THE SECRETARY OF STATE RELATING TO APPLICATIONS FOR REGISTRATION AND ISSUANCE OF TEMPORARY CERTIFICATES AND CERTIFICATES OF REGISTRATION TO ATHLETE AGENTS, THE NON-RENEWAL, SUSPENSION, AND REVOCATION OF CERTIFICATES OF REGISTRATION AFTER NOTICE AND OPPORTUNITY FOR A HEARING, REQUIRED PROVISIONS OF AN AGENCY CONTRACT INCLUDING A WARNING TO STUDENT ATHLETES OF CERTAIN RIGHTS AND CONSEQUENCES OF SIGNING AN AGENCY CONTRACT, CANCELLATION OF AN AGENCY CONTRACT, RETENTION OF CERTAIN RECORDS FOR FIVE YEARS BY AN ATHLETE AGENT AND INSPECTION OF THOSE RECORDS, PROHIBITION OF CERTAIN REPRESENTATIONS BY AN ATHLETE AGENT OR THE FURNISHING OF ANYTHING OF VALUE TO A STUDENT ATHLETE WITH THE INTENT TO INDUCE A STUDENT ATHLETE TO ENTER INTO AN AGENCY CONTRACT, A RIGHT OF ACTION BY AN EDUCATIONAL INSTITUTION AGAINST AN ATHLETE AGENT OR FORMER STUDENT ATHLETE FOR DAMAGES CAUSED BY A VIOLATION OF THIS CHAPTER, AND CIVIL AND CRIMINAL PENALTIES FOR CERTAIN VIOLATIONS OF THIS CHAPTER.

The following Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 131 (Word version) -- Senators Giese, Ritchie, Ravenel, Reese, Courson, Mescher and Rankin: A BILL TO AMEND SECTION 59-112-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF THE ARMED SERVICES OF THE UNITED STATES STATIONED IN SOUTH CAROLINA AND THEIR DEPENDENTS BEING ELIGIBLE FOR IN-STATE TUITION RATES, SO AS TO PROVIDE THAT MEMBERS OF THE COAST GUARD AND THEIR DEPENDENTS STATIONED IN THIS STATE ARE ALSO ELIGIBLE FOR IN-STATE TUITION RATES.

S. 767 (Word version) -- Senators Courson, Cromer, Land, Matthews, Fair, Hawkins, Verdin, Alexander, Anderson, Branton, Elliott, Ford, Giese, Glover, Gregory, Grooms, Hayes, Jackson, Knotts, Kuhn, Malloy, Martin, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Setzler, Short, J. V. Smith, Waldrep, Thomas, McConnell, Ryberg, Ritchie, Leatherman, Hutto and Leventis: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 25 IN CHAPTER 1 OF TITLE 25 SO AS TO ESTABLISH AND PROVIDE FOR THE OPERATIONS AND ADMINISTRATION OF THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND, TO PROVIDE THE USES OF THE FUND TO AWARD GRANTS TO MILITARY FAMILIES AND PROVIDE THE ELIGIBILITY FOR AND TYPES OF GRANTS THAT MAY BE AWARDED, TO PROVIDE THAT GRANT APPLICATIONS MUST BE MADE TO THE ADJUTANT GENERAL, AND TO PROVIDE FOR THOSE REVENUES TO BE CREDITED TO THIS FUND, AND TO AMEND SECTION 12-6-5060, AS AMENDED, RELATING TO DONATIONS THAT MAY BE MADE BY CHECKOFFS ON THE STATE INDIVIDUAL INCOME TAX RETURN, SO AS TO PROVIDE A CHECKOFF FOR THE SOUTH CAROLINA MILITARY FAMILY RELIEF FUND.

S. 16 (Word version) -- Senators Setzler, Mescher, Grooms, Ravenel, Reese, Courson, Branton and Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, ADDING SECTION 8-11-177 TO PROVIDE THREE DAYS OF PAID LEAVE FOR STATE EMPLOYEES IN THE CASE OF THE DEATH OF AN IMMEDIATE FAMILY MEMBER AND PERMIT THE EMPLOYING AGENCY TO REQUIRE A STATEMENT FROM THE EMPLOYEE STATING THEIR RELATIONSHIP TO THE DECEASED.

S. 153 (Word version) -- Senators Giese, Ritchie, Reese, Short and Rankin: A BILL TO AMEND SECTION 59-18-700, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRITERIA FOR THE ADOPTION OF INSTRUCTIONAL MATERIALS FOR THE PUBLIC SCHOOLS, SO AS TO REVISE THIS CRITERIA BY PROVIDING THAT ALL INSTRUCTIONAL MATERIALS PLACED ON THE APPROVED LIST OF INSTRUCTIONAL MATERIALS AND TEXTBOOKS FOR USE IN THE PUBLIC SCHOOLS OF THIS STATE SHALL CONTAIN THE SUBSTANCE AND LEVEL OF PERFORMANCE OUTLINED IN THE GRADE AND SUBJECT SPECIFIC ACADEMIC STANDARDS ADOPTED BY THE STATE BOARD OF EDUCATION.

Rep. SCOTT moved to adjourn debate upon the following Bill until Tuesday, May 25, which was adopted:

H. 5210 (Word version) -- Reps. Bales, J. Brown, Cotty, Howard, Lourie, J. H. Neal, Rutherford, Scott and J. E. Smith: A BILL TO ENACT THE RICHLAND COUNTY SCHOOL DISTRICT PROPERTY TAX RELIEF ACT BY ALLOWING THE IMPOSITION OF A SALES AND USE TAX EQUAL TO ONE PERCENT OF GROSS SALES IN RICHLAND COUNTY FOLLOWING APPROVAL OF THE TAX BY THE QUALIFIED ELECTORS OF THE COUNTY IN A REFERENDUM HELD AT THE TIME OF THE 2004 GENERAL ELECTION, TO PROVIDE THAT THE TAX IS IMPOSED FOR SEVEN YEARS AND MAY BE EXTENDED OR REIMPOSED BY THE GENERAL ASSEMBLY BY LAW, TO PROVIDE THAT THE TAX IS IMPOSED IN THE SAME MANNER AND WITH THE SAME EXEMPTIONS AND MAXIMUM TAXES APPLICABLE FOR THE FIVE PERCENT STATE SALES AND USE TAX WITH AN ADDITIONAL EXEMPTION FROM THE ONE PERCENT TAX FOR FOOD WHICH LAWFULLY MAY BE PURCHASED WITH UNITED STATES DEPARTMENT OF AGRICULTURE FOOD COUPONS, TO PROVIDE THAT THE REVENUE OF THE TAX MUST BE ALLOTTED TO THE SCHOOL DISTRICTS OF RICHLAND COUNTY BASED ON AVERAGE DAILY NUMBER OF STUDENTS RESIDING IN THAT PORTION OF THE DISTRICT THAT IS IN RICHLAND COUNTY AND ALSO BASED ON THE POPULATION OF THE DISTRICT, TO PROVIDE THAT THE REVENUE MUST BE USED TO PROVIDE A CREDIT AGAINST THE SCHOOL TAX LIABILITY FOR PROPERTY IN THE DISTRICT AND TO PROVIDE THE METHOD OF CALCULATING THE CREDIT, AND TO PROVIDE THAT REFERENDUMS TO APPROVE MILLAGE INCREASES OR BOND AUTHORIZATIONS FOR ANY PURPOSE IN RICHLAND COUNTY MAY ONLY BE HELD ON THE FIRST TUESDAY WHICH FOLLOWS THE FIRST MONDAY IN NOVEMBER OF A PARTICULAR YEAR.

Rep. TRIPP moved to adjourn debate upon the following Bill until Tuesday, May 25, which was adopted:

S. 1126 (Word version) -- Senator Leatherman: A BILL TO AMEND SECTION 38-39-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREMIUM SERVICE AGREEMENTS, TO CLARIFY PROVISIONS OF PREMIUM SERVICE CONTRACTS AND DISCLOSURES, INCLUDING RENEWALS; TO AMEND SECTION 38-39-80, RELATING TO PREMIUM SERVICE COMPANIES, TO REQUIRE CERTAIN REGULATIONS BY THE DEPARTMENT OF INSURANCE; AND TO AMEND SECTION 38-39-90, RELATING TO CANCELLATION OF INSURANCE CONTRACTS BY PREMIUM SERVICE COMPANIES UPON DEFAULT, TO CLARIFY CERTAIN NOTICES TO INSUREDS.

The following Bill was taken up:

S. 687 (Word version) -- Senator J. V. Smith: A BILL TO AMEND CHAPTER 2, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LICENSURE AND REGULATION OF ACCOUNTANTS, SO AS TO CONFORM THIS CHAPTER TO THE STATUTORY ORGANIZATIONAL FRAMEWORK OF CHAPTER 1, TITLE 40 FOR BOARDS UNDER THE ADMINISTRATION OF THE DEPARTMENT OF LABOR, LICENSING AND REGULATION AND TO FURTHER PROVIDE FOR THE LICENSURE AND REGULATION OF ACCOUNTANTS INCLUDING, BUT NOT LIMITED TO, REVISING THE COMPOSITION OF THE BOARD TO CONTAIN THREE RATHER THAN TWO MEMBERS OF THE PUBLIC, CLARIFYING THE SCOPE OF PRACTICE OF ACCOUNTANTS, FURTHER SPECIFYING EDUCATIONAL REQUIREMENTS FOR LICENSURE, AUTHORIZING FEES FOR REGISTRATION OF ACCOUNTING FIRMS, AUTHORIZING THE ESTABLISHMENT OF PEER REVIEW STANDARDS, INCREASING CRIMINAL PENALTIES, REVISING LICENSURE RENEWAL PROCEDURES, DELETING PROVISIONS FOR THE LICENSURE AND REGULATION OF ACCOUNTING PRACTITIONERS AND TO PROVIDE CERTAIN TRANSITION PROVISIONS.

The Labor, Commerce and Industry Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\NBD\ 12553AC04):
Amend the bill, as and if amended, by deleting beginning on page 22, line 42 through page 53, line 21, and inserting:
/   Section 40-2-5.   It is the policy of this State, and the purpose of this chapter, to promote the reliability of information used for guidance in financial transactions or for accounting or for assessing the financial status or performance of commercial, noncommercial, and governmental enterprises. The public interest requires that persons professing special competence in accountancy or offering assurance of the reliability or fairness of presentation of such information shall have demonstrated their qualifications, and that persons who have not demonstrated and maintained such qualifications not be permitted to represent themselves as having special competency or offering such assurance; that the conduct of persons licensed as having special competence in accountancy be regulated in all aspects of their professional work; that a public authority competent to prescribe and assess the qualifications and to regulate the conduct of licensees be established; and that the use of titles with a capacity or tendency to deceive the public of the status or competence of the persons using such titles be prohibited.

Section 40-2-10.   (A)   There is created the South Carolina Board of Accountancy, which is responsible for the administration and enforcement of this chapter. The board shall consist of nine members, appointed by the Governor, all of whom must be residents of this State; six of whom must be licensed certified public accountants or public accountants; and three of whom must be members of the public who are not engaged in the practice of public accounting, have no financial interest in the profession of public accounting, and have no immediate family member in the profession of public accounting. As used in this section, 'immediate family member' is defined in Section 8-13-100(18). Members are appointed for terms of four years and serve until their successors are appointed and qualify. Vacancies must be filled by the Governor for the unexpired portions of the term. The Governor shall remove a member of the board in accordance with Section 1-3-240. A person who has served two consecutive terms is not eligible for reappointment; however, filling an unexpired term must not be considered a term for this purpose.

(B)   The board shall elect annually from among its members a chairman, a vice chairman, and a secretary. The board shall meet at least two times a year at places fixed by the chairman. Meetings of the board must be open to the public except those concerned with investigations under Sections 40-2-80 and 40-2-90 and except as necessary to protect confidential information in accordance with board regulations or state law. A majority of the board members in office constitutes a quorum at any meeting of the board. A board member shall attend meetings or provide proper notice and justification of inability to attend. Unexcused absences from meetings may result in removal from the board as provided for in Section 1-3-240.

(C)   The board shall have a seal which must be judicially noticed. In any court proceeding, civil or criminal, arising out of or founded upon any provision of this chapter, copies of any records certified as true copies under the seal of the board are admissible in evidence as proving the contents of these records.

(D)   All monies collected by the Department of Labor, Licensing and Regulation from fees authorized to be charged by this chapter must be received and accounted for by the Department of Labor, Licensing and Regulation and must be deposited in the State Treasury to the credit of the board. The budget of the board must include adequate funds for the expenses of administering the provisions of this chapter, which may include, but is not limited to, the costs of conducting investigations, of taking testimony, and of procuring the attendance of witnesses before the board or its committees; all legal proceedings undertaken for the enforcement of this chapter; participation in national efforts to regulate the accounting profession, and educational and licensing programs for the benefit of the public, the licensees and their employees. Initial fees must be established by the board and shall serve as the basis for necessary adjustments in accordance with Section 40-1-50(D).

(E)   The board may appoint committees or persons, to advise or assist it in the administration and enforcement of this chapter, as it sees fit.

Section 40-2-20.   As used in this chapter:

(1)   'AICPA' means the American Institute of Certified Public Accountants or successor organizations.

(2)   'Attest' means providing the following financial statement services:

(a)   an audit or other engagement to be performed in accordance with the Statements on Auditing Standards (SAS); or

(b)   a review of a financial statement to be performed in accordance with the Statements on Standards for Accounting and Review Services (SSARS); or

(c)   an examination of prospective financial information to be performed in accordance with the Statements on Standards for Attestation Engagements (SSAE).

(3)   'Board' means the South Carolina Board of Accountancy.

(4)   'Client' means a person or entity that agrees with a licensee or licensee's employer to receive any professional service.

(5)   'Compilation' means providing a service to be performed in accordance with Statements on Standards for Accounting and Review Services (SSARS) that presents in the form of financial statements, information representative of management (owners) without undertaking expression of any assurance on the statements. With regard to accounting practitioners, 'compilation' means providing a service that presents in the form of financial statements, information representative of management (owners) without undertaking expression of any assurance on the statements.

(6)   'Department' means the Department of Labor, Licensing and Regulation.

(7)   'Direct' means the person supervised in the usual line of authority or is in a staff position reporting to the supervisor. Direct supervision means a clear-cut personal connection to the employee being supervised, marked by a firsthand knowledge and association.

(8)   'Experience' means providing any type of service or advice involving the use of accounting, attest, compilation, management advisory, financial advisory, tax or consulting skills whether gained through employment in government, industry, academia or public practice.

(9)   'Firm' means a sole proprietorship, a corporation, a partnership or any other form of organization registered under this chapter. 'Firm' includes a person or persons practicing public accounting in the form of a proprietorship, partnership, limited liability partnership, limited liability company, or professional corporation or association.

(10)   'License' means authorization to practice as issued under this chapter.

(11)   'Licensee' means the holder of a license.

(12)   'Manager' means a licensee in responsible charge of an office.

(13)   'NASBA' means the National Association of State Boards of Accountancy.

(14)   'Peer Review' means a study, appraisal, or review of one or more aspects of the professional work of a licensee of the board or a firm registered with the board that performs attest or compilation services by a person or persons who hold certificates and who are not affiliated with the certificate holder or certified public accountant firm being reviewed.

(15)   'Practice of Accounting' means:

(a)   Issuing a report on financial statements of a person, firm, organization, or governmental unit or offering to render or rendering any attest or compilation service. This restriction does not prohibit any act of a public official or public employee in the performance of that person's duties or prohibit the performance by a nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on the financial statement; or

(b)   Using or assuming the title 'Certified Public Accountant' or the abbreviation 'CPA' or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is a Certified Public Accountant.

(16)   'Professional' means arising out of or related to the specialized knowledge or skills associated with licensees.

(17)   'Report', when used with reference to financial statements, means an opinion, report, or other form of language that states or implies assurance as to the reliability of a financial statement and that also includes or is accompanied by a statement or implication that the person or firm issuing it has special knowledge or competency in accounting or auditing. This statement or implication of special knowledge or competency may arise from use by the issuer of the report of names or titles indicating that the person or firm is an accountant or auditor. The term 'report' includes any form of language which disclaims an opinion when the form of language is conventionally understood to imply positive assurance as to the reliability of the financial statements referred to or special competency on the part of the person or firm issuing such language, or both; and it includes any other form of language that is conventionally understood to imply such assurance or such special knowledge or competency, or both.

(18)   'Resident Manager' means a responsible party for a firm.

(19)   'Registration' means an authorization to practice as a firm issued under this chapter.

(20)   'State' means any state of the United States, the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and Guam; except that 'this State' means the State of South Carolina.

(21)   'Substantial Equivalency' is a determination by the board of Accountancy or its designee that the education, examination, and experience requirements contained in the statutes and administrative rules of another jurisdiction are comparable to, or exceed the education, examination, and experience requirements contained in this chapter, or that an individual licensee's education, examination, and experience qualifications are comparable to or exceed the education, examination, and experience requirements contained in this chapter.

(22)   'Supervision' means having jurisdiction, oversight, or authority over the practice of accounting and over the people who practice accounting.

Section 40-2-30.   (A)   It is unlawful for a person to engage in the practice of accountancy as regulated by this board without holding a valid license or registration.

(B)   Only licensed Certified Public Accountants or Public Accountants may issue a report on financial statements of a person, firm, organization, or governmental unit or offer to render or render any attest or compilation service as defined, except as provided in Section 40-2-340. This restriction does not prohibit an act of a public official or public employee in the performance of that person's duties or prohibit the performance by any nonlicensee of other services involving the use of accounting skills, including the preparation of tax returns, management advisory services, and the preparation of financial statements without the issuance of reports on the financial statements.

(C)   Persons, other than certified public accountants or public accountants, may prepare financial statements and issue nonattest transmittals or information thereon which do not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS). Transmittals using the following language must not be considered the unlicensed practice of accountancy:

'I (we) have prepared the accompanying (financial statements) of (name of entity) as of (time period) for the (period) then ended. This presentation is limited to preparing in the form of financial statements information that is the representation of management (owners).

I (we) have not audited or reviewed the accompanying financial statements and accordingly do not express an opinion or any other form of assurance on them.'

(D)   Only a person holding a valid license as a Certified Public Accountant shall use or assume the title 'Certified Public Accountant', or the abbreviation 'CPA' or any other title, designation, words, letters, abbreviation, sign, card, or device indicating that the person is a Certified Public Accountant.

(E)   A firm may not provide attest services or assume or use the title 'Certified Public Accountants', 'Public Accountants' or the abbreviation 'CPAs', and 'PAs' or any other title, designation, words, letters, abbreviation, sign, card, or device indicating the firm is a CPA firm unless:

(1)   the firm holds a valid registration issued under this chapter; and

(2)   ownership of the firm is in accordance with this chapter and regulations promulgated by the board; and

(3) Owners who are not Certified Public Accountants must be permitted to use the titles 'principal', 'partner', 'owner', 'officer', 'member' or 'shareholder' but must not hold themselves out to be Certified Public Accountants.

(F)   A person must not assume or use the title 'Public Accountant', or the abbreviation 'PA', or any other title, designation, words, letters, abbreviation, sign, card, or device indicating that the person is a Public Accountant unless that person holds a valid registration issued under this chapter.

(G)   Only a person or firm holding a valid license or registration issued under this chapter shall assume or use any title or designation likely to be confused with the titles 'Certified Public Accountant' or 'Public Accountant' or use a similar abbreviation likely to be confused with the abbreviations 'CPA' or 'PA'. The title 'Enrolled Agent' or 'EA' may only be used by individuals designated by the Internal Revenue Service.

Persons or firms that are not licensed or registered may use designations granted by national accrediting organizations so long as those designations do not imply qualification to render any attest or compilation service.

(H)   This section does not apply to a person or firm holding a certification, designation, degree, or license granted in a foreign country entitling the holder to engage in the practice of public accountancy or its equivalent in that country; whose activities in this State are limited to the provision of professional services to persons or firms who are residents of, governments of, or business entities of the country in which the person holds the entitlement; who performs no attest or compilation services and who issues no reports with respect to the financial statements of any other persons, firms, or governmental units in this State; and who does not use in this State any title or designation other than the one under which the person practices in their country, followed by a translation of the title or designation into the English language if it is in a different language, and by the name of the country.

Section 40-2-35.   (A)   The board shall grant a license to practice as a Certified Public Accountant to persons who make application and demonstrate:

(1)   at least one hundred fifty semester hours of college education, including a baccalaureate or higher degree conferred by a college or university acceptable to the board, with the total educational program including an accounting concentration or equivalent; and

(2)   a passing score on a standardized test of accounting knowledge, skills, and abilities approved by the board and comparable to the Uniform Certified Public Accountant Examination prepared by the American Institute of Certified Public Accountants; and

(3)   a passing score on an examination in professional ethics as approved by the board and an affidavit by the candidate acknowledging that he or she has read the statute and regulations governing the practice of accountancy in South Carolina and subscribes both to the spirit and letter of the statute and regulations and agrees to observe them faithfully in the performance of his or her professional work;

(4)   appropriate experience, which may include:

(a)   at least two years of accounting experience satisfactory to the board in public, governmental, or private employment under the direct supervision and review of a Certified Public Accountant or Public Accountant licensed to practice accounting in some state or territory of the United States or the District of Columbia; or

(b)   at least five years' experience teaching accounting in a college or university recognized by the board; or

(c)   any combination of experience determined by the board to be substantially equivalent to the foregoing;

(5)   evidence of good moral character, which means lack of a history of dishonest or felonious acts.

(B)   To meet the educational requirement as part of the one hundred fifty semester hours of education, the applicant must demonstrate successful completion of:

(1)   at least thirty-six semester hours of accounting in courses that are applicable to a baccalaureate, masters, or doctoral degree and which cover financial accounting, managerial accounting, taxation, and auditing, of which at least twenty-four semester hours must be taught at the junior level or above; and

(2)   at least thirty-six semester hours of business courses that are applicable to a baccalaureate, masters, or doctoral degree and which may include macro and micro economics, finance, business law, management, computer science, marketing, and accounting hours not counted in item (1).

(C)   The board shall accept a transcript from a college or university accredited by the Southern Association of Colleges and Schools or another regional accrediting association having the equivalent standards or an independent senior college in South Carolina certified by the State Department of Education for teacher training, and accounting and business programs accredited by the American Assembly of Collegiate Schools of Business (AACSB) or any other accrediting agency having equivalent standards. Official transcripts signed by the college or university registrar and bearing the college or university seal must be submitted to demonstrate education and degree requirements. Photocopies of transcripts must not be accepted.

(D)   An applicant may apply for examination by submitting forms approved by the board. In order for an application to be considered a completed application, all blanks and questions on the application form must be completed and answered and all applicable documentation must be attached and:

(1)   the application must be accompanied by the submission of photo identification, fingerprints, or other identification information as considered necessary to ensure the integrity of the exam administration;

(2)   application fees must accompany the application. Fees for the administration of the examination must recover all costs for examination administration. The fees required for each examination must be published to applicants on the application form. If a check in payment of examination fees fails to clear the bank, the application is considered incomplete and the application must be returned to the candidate;

(3) the applicant must have on record with the board official transcripts from a college or university approved by the board demonstrating successful completion of 120 semester hours credit, including:

(a) at least twenty-four semester hours of accounting in courses that are applicable to a baccalaureate, masters, or doctoral degree and which cover financial accounting, managerial accounting, taxation, and auditing; and

(b) at least twenty-four semester hours of business courses that are applicable to a baccalaureate, masters, or doctorate degree and which may include macro and micro economics, finance, business law, management, computer science, marketing and accounting hours not counted in item (a).

(E)   A candidate must pass all sections of the examination provided for in Section 40-2-35(A) in order to qualify for a certificate.

(1)   Upon the implementation of a computer-based examination, a candidate may take the required test sections individually and in any order. Credit for any test section passed is valid for eighteen months from the actual date the candidate took that test section, without having to attain a minimum score on any failed test section and without regard to whether the candidate has taken other test sections.

(a)   A candidate must pass all four test sections of the Uniform CPA Examination within a rolling eighteen-month period, which begins on the date that the first test section is passed. The board by regulation may provide additional time to an applicant on active military service. The board also may accommodate any hardship which results from the conditions of administration of the examination.

(b)   A candidate cannot retake a failed test section in the same examination window. An examination window refers to a three-month period in which candidates have an opportunity to take the CPA examination. If all four test sections of the Uniform CPA Examination are not passed within the rolling eighteen-month period, credit for any test section passed outside the eighteen-month period expires and that test section must be retaken.

(2)   A candidate may arrange to have credits for passing sections of the examination under the jurisdiction of another state or territory of the United States transferred to this State. Credits transferred for less than all sections of the examination are subject to the same conditional credit rules as if the examination had been taken in South Carolina.

(F)   An applicant may demonstrate experience as follows:

(1)   Experience may be gained in either full-time or part-time employment. Two thousand hours of part-time accounting experience is equivalent to one year. Experience may not accrue more rapidly than forty hours per week.

(2)   The five years of teaching experience provided for in Section 40-2-35(A)(4)(b) consists of five years of full-time teaching of accounting courses at a college or university accredited by the Southern Association of Colleges and Schools or another regional accrediting association having equivalent standards or an independent senior college in South Carolina certified by the State Department of Education for teacher training.

(a)   In order for teaching experience to qualify as full-time teaching, the applicant must have been employed on a full-time basis as defined by the educational institution where the experience was obtained; however, teaching less than twelve semester hours per year, or the equivalent in quarter hours, must not be considered as full-time teaching experience.

(b)   Experience credit for teaching on a part-time basis qualifies on a pro rata basis based upon the number of semester hours required for full-time teaching at the educational institution where the teaching experience was obtained.

(c)   Teaching experience may not accrue more rapidly than elapsed chronological time.

(d)   An applicant must not be granted credit for full-time teaching completed in less than one academic year.

(e)   An applicant must not be granted more than one full-time teaching year credit for teaching completed within one calendar year.

(f)   Teaching experience must not be granted for teaching subjects outside the field of accounting. Subjects considered to be outside the field of accounting include, but are not limited to, business law, finance, computer applications, personnel management, economics, and statistics.

(g)   Of the five years of full-time teaching experience, credit for teaching accounting principles courses or fundamental accounting (below intermediate accounting) may not exceed two full-time teaching years and the remaining three full-time teaching years' experience must be obtained in teaching courses above accounting principles.

(h)   Accounting courses considered to be above accounting principles include, but are not limited to, intermediate accounting, advanced accounting, auditing, income tax, financial accounting, management accounting, and cost accounting.

(i)   Experience other than public accounting experience counts only in proportion to duties which, in the opinion of the board, contribute to competence in public accounting.

(j)   The board may require other information as it considers necessary to determine the acceptability of experience including, but not limited to, review of work papers and other work products, review of time records, and interviews with applicants and supervisors.

Section 40-2-40.   (A)   The board shall grant or renew registration to practice as a firm to entities that make application and demonstrate the required qualifications. A firm must hold a registration issued pursuant this section in order to engage in the practice of accounting or to use the title 'Certified Public Accountant' or 'Accounting Firm'.

(B)   Qualifications for registration as a certified public accountant firm are as follows:

(1)   a super majority sixty-six and two thirds percent of the ownership of the firm in terms of financial interests and voting rights must belong to certified public accountants currently licensed in some state. The noncertified public accountant owner must be actively engaged as a firm member in providing services to the firm's clients as his or her principal occupation. Ownership by investors or commercial enterprises is prohibited.

(2)   Partners, officers, shareholders, members, or managers whose principal place of business is in this State, and who perform professional services in this State must hold a valid license issued pursuant to this section.

(3)   There must be a designated resident manager in charge of each office in this State who must be a certified public accountant licensed in this State.

(4)   Noncertified public accountant owners must not assume ultimate responsibility for any financial statement, attest, or compilation engagement.

(5)   Noncertified public accountant owners shall abide by the code of professional ethics adopted pursuant to this chapter.

(6)   Owners shall at all times maintain ownership equity in their own right and must be the beneficial owners of the equity capital ascribed to them. Provision must be made for the ownership to be transferred to the firm or to other qualified owners if the noncertified public accountant ceases to be actively engaged in the firm.

(C)   Registration must be initially issued and renewed periodically. Applications for registration must be made in such form, and in the case of applications for renewal, between such dates as the board by regulation may specify, and the board shall grant or deny any such application after filing in proper form.

(D)   An applicant for initial issuance or renewal of a registration to practice pursuant to this chapter shall register each office of the firm within this State with the board and shall demonstrate that all attest and compilation services rendered in this State are under the charge of a person holding a valid license issued pursuant to this section or the corresponding provision of prior law or of some other state.

(E)   The board shall charge a fee for each application for initial issuance or renewal of a registration issued pursuant to this section.

(F)   An applicant for initial issuance or renewal of a registration to practice pursuant to this chapter shall list on the application all states in which the firm has applied for or holds registration and shall list any past denial, revocation, or suspension of a registration by any other state.

(G)   Each holder of or applicant for a registration issued pursuant to this section shall notify the board in writing, within thirty days after its occurrence, of any change in the identities of partners, officers, shareholders, members, or managers whose principal place of business is in this State, any change in the number or location of offices within this State, any change in the identity of the licensee in charge of these offices, and any issuance, denial, revocation, or suspension of a registration by any other state.

(H)   A firms that falls out of compliance with the provisions of this section due to changes in firm ownership or personnel, after receiving or renewing a permit, shall take corrective action to bring the firm back into compliance as quickly as possible. The board may grant a reasonable period of time for a firm to take this corrective action. Failure to bring the firm back into compliance within a reasonable period as defined by the board shall result in the suspension or revocation of the firm permit.

Section 40-2-70.   In addition to the powers and duties provided in Section 40-1-70, the board may:

(1)   determine the eligibility of applicants for examination and licensure;

(2)   examine applicants for licensure including, but not limited to:

(a)   prescribing the subjects, character, and manner of licensing examinations;

(b)   preparing, administering, and grading the examination or assisting in the selection of a contractor to prepare, administer, or grade the examination;

(c)   charging, or authorizing a third party administering the examination to charge, each applicant a fee in an adequate amount to cover examination costs;

(3)   establish criteria for issuing, renewing, and reactivating authorizations for qualified applicants to practice, including issuing active or permanent, temporary, limited, and inactive licenses or other categories as may be created;

(4)   adopt a code of professional ethics appropriate to the profession;

(5)   evaluate and approve continuing education course hours and programs;

(6)   conduct hearings on alleged violations of this chapter and regulations promulgated under this chapter;

(7)   participate in national efforts to regulate the accounting profession;

(8)   discipline licensees or registrants in a manner provided for in this chapter;

(9)   project future activity of the program based on historical trends and program requirements, including the cost of licensure and renewal, conducting investigations and proceedings, participating in national efforts to regulate the accounting profession, and providing educational programs for the benefit of the public and licensees and their employees;

(10)   issue safe harbor language non-licensees may use in connection with financial statements, transmittals or financial information which does not purport to be in compliance with the Statements on Standards for Accounting and Review Services (SSARS);

(11)   promulgate regulations that have been submitted to the director at least thirty days in advance of filing with the legislative council as required by Section 1-23-30;

    (12) set standards for peer review.

Section 40-2-80.   (A)   The department, upon receipt of a complaint or other information suggesting violation of this chapter or of regulations promulgated pursuant to this chapter, shall conduct an appropriate investigation to determine whether there is probable cause to institute proceedings. An investigation under this section is not a prerequisite to conducting proceedings if a determination of probable cause can be made without investigation. In aid of investigations, the administrator of the board may issue subpoenas to compel witnesses to testify or to produce evidence, or both.

(B)   The board may designate persons of appropriate competency to assist in an investigation.

(C)   The results of an investigation must be presented to the board.

(D)   For the purpose of an investigation under this section, the department may administer oaths and issue subpoenas for the attendance and testimony of witnesses and the production and examination of books, papers, and records on behalf of the board or, upon request, on behalf of a party to the case. Upon failure to obey a subpoena or to answer questions propounded by the board or its hearing officer or panel, the board may apply to the Administrative Law Court for an order requiring compliance with the subpoena.

(E)   The testimony and documents submitted in support of the complaint or gathered in the investigation must be treated as confidential information and must not be disclosed to any person except law enforcement authorities and, to the extent necessary in order to conduct the investigation, the subject of the investigation, persons whose complaints are being investigated, and witnesses questioned in the course of the investigation.

(F)   The board may review the publicly available professional work of licensees, and all professional work submitted to the State, on a general and random basis, without any requirement of a formal complaint or suspicion of impropriety. If as a result of a review the board discovers reasonable grounds for a more specific investigation, the board may proceed under subsections (A) through (E).

(G)   If the department receives information indicating a possible violation of state or federal law, the department may provide that information, to the extent the department considers necessary, to the appropriate state or federal law enforcement agency or regulatory body.

Section 40-2-90.   (A)   If the Department of Labor, Licensing and Regulation or the board has reason to believe that a licensee or registrant has violated a provision of this chapter or a regulation promulgated pursuant to this chapter or that a licensee has become unfit to practice as a Certified Public Accountant, a Public Accountant, or an accounting practitioner the department shall present its evidence to the board and the board may, in accordance with the Administrative Procedures Act, take action as authorized by law. The board may designate a hearing officer or panel to conduct hearings or take other action as may be necessary.

(B)   The board shall notify the accused licensee or registrant in writing not less than thirty days before the hearing with a copy of the formal charges attached to the notice. The notice must be served personally or sent to the charged licensee or registrant by certified mail, return receipt requested, directed to his or her last mailing address furnished to the board. The post office registration receipt signed by the licensee or registrant, his or her agent, or a responsible member of his or her 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.

(C)   The licensee or registrant 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 licensee's or registrant'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 licensee. All investigations, inquiries, and proceedings undertaken pursuant to this chapter are confidential, except as otherwise provided for.

(D)   Every communication, whether oral or written, made by or on behalf of any complainant to the board or its agents or any hearing panel or member pursuant to this chapter, whether by way of complaint or testimony, is privileged against liability. No action or proceeding, civil or criminal, lies against any person by whom or on whose behalf such communication has been made, except upon proof that the communication was made with malice.

(E)   Nothing contained in this section may be construed to prevent the board from making public a copy of its final order in any proceeding, as authorized or required by law.

Section 40-2-100.   (A)   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 pursuant to this chapter, in addition to all other remedies, it may order the person immediately to cease and desist from engaging in the conduct. If the person is practicing accountancy without being licensed pursuant to this chapter, is violating an order of the board, a provision of this chapter, or a regulation promulgated pursuant to this chapter, the board also may apply, in accordance with the rules of the Administrative Law Court for a temporary restraining order. A board member or the Director of the Department of Labor, Licensing and Regulation or another employee of the department may not be held liable for damages resulting from a wrongful temporary restraining order.

(B)   The board may seek from the Administrative Law Court other equitable relief to enjoin the violation or intended violation of this chapter or a regulation promulgated pursuant to this chapter.

Section 40-2-110.   (A)   After notice and hearing pursuant to the Administrative Procedures Act, the board may revoke, suspend, refuse to renew, reprimand, censure, or limit the scope of practice of a licensee and impose an administrative fine not exceeding ten thousand dollars per violation. The board also may place a licensee on probation, require a peer review as the board may specify, or require satisfactory completion of a continuing professional education program as the board may specify, all with or without terms, conditions, and limitations, for any one or more of the following reasons:

(1)   conviction of a felony, or of any crime with an element of dishonesty or fraud, under the laws of the United States, of this State, or of any other state if the acts involved constitute a crime under state laws;

(2)   conduct reflecting adversely upon the licensee's fitness to perform services as a licensee;

(3)   use of a false, fraudulent or forged statement or document or committal of a fraudulent, deceitful, or dishonest act or omission of a material fact in obtaining licensure pursuant to this chapter;

(4)   intentional use of a false or fraudulent statement in a document connected with the practice of the individual's profession or occupation;

(5)   obtaining fees or assistance in obtaining fees under fraudulent circumstances;

(6)   failure to comply with established professional standards, including standards set by federal or state law or regulation;

(7)   violation of the code of professional ethics adopted by the board or of the AICPA Professional Standards: Code of Professional Conduct;

(8)   failure to respond to requests for information or to cooperate in investigations on behalf of the board;

(9)   engagement or aid of another, intentionally or knowingly, directly or indirectly, in unlicensed practice of accounting;

(10)   failure to disclose or disclaim the appropriate license status of a person or entity not holding a license but associated with financial statements;

(11)   engagement in advertising or other forms of solicitation or use of a firm name in a manner that is false, misleading, deceptive, or tending to promote unsupported claims;

(12)   the revocation, suspension, reprimand, or other discipline of the right to practice by the licensee in any other state or by a federal agency for a cause other than the failure to pay an annual registration fee.

(B)   After notice and hearing, as provided in Section 40-2-90, the board shall revoke the registration of a firm if at any time it does not meet the requirements prescribed by Section 40-2-40 and also may revoke, suspend, refuse to renew, reprimand, censure, or limit the scope of practice of a registrant and impose an administrative fine not to exceed ten thousand dollars per violation for any of the causes enumerated in subsection (A) or for:

(1)   the revocation or suspension or refusal to renew the license to practice of a member of a firm;

(2)   the revocation, suspension, reprimand, or other discipline of the right to practice by the firm in any other state or by a federal agency for a cause other than the failure to pay an annual registration fee;

(3)   the failure to notify the board in writing, within thirty days after its occurrence, of any revocation, suspension, reprimand, or other discipline of the right to practice by the licensee in any other state or by a federal agency.

(C)   A final order of the board disciplining a licensee under this section is public information.

(D)   Upon a determination by the board that discipline is not appropriate, the board may issue a nondisciplinary letter of caution.

(E)   The board may establish a procedure to allow a licensee who has been issued a public reprimand to petition the board for expungement of the reprimand from the licensee's record.

(F)   Licensees of this State offering or rendering services or using their 'Certified Public Accountant' title in another state are subject to disciplinary action in this State for an act committed in another state for which the licensee would be subject to discipline.

Section 40-2-130.   The board may deny an authorization to practice to an applicant who has committed an act that would be grounds for disciplinary action under this chapter. The board must deny authorization to practice to an applicant who has failed to demonstrate the qualifications or standards for licensure required by this chapter. The applicant shall demonstrate to the satisfaction of the board that the applicant meets all the requirements for the issuance of a license.

Section 40-2-140.   A person may not be refused an authorization to practice, pursue, or engage in accounting solely because of a prior criminal conviction unless the criminal conviction directly relates to accounting for which the authorization to practice is sought. However, the board may refuse an authorization to practice if, based upon all information available, including the applicant's record of prior convictions, the board finds that the applicant is unfit or unsuited to engage in accounting.

Section 40-2-150.   A licensee who is under investigation for a violation provided for in this chapter or Section 40-1-110 may voluntarily surrender his or her authorization to practice to the board. The voluntary surrender invalidates the authorization to practice at the time of its relinquishment, and no person whose authorization to practice is surrendered voluntarily may practice accountancy unless the board, by a majority vote, reinstates the license. A person practicing accountancy during the period of voluntary surrender is considered an illegal practitioner and is subject to the penalties provided by this chapter. The surrender of an authorization to practice must not be considered an admission of guilt in a proceeding under this chapter and does not preclude the board from taking disciplinary action against the licensee as provided for in this chapter including, but not limited to, imposing prerequisite conditions for board reinstatement of the license.

Section 40-2-160.   A person aggrieved by a final action of the board may appeal the decision to the Administrative Law Court in accordance with the Administrative Procedures Act and the rules of the Administrative Law Court. Service of a petition requesting a review does not stay the board's decision pending completion of the appellate process.

Section 40-2-170.   (A)   In an order issued in resolution of a disciplinary proceeding before the board, a licensee found in violation of the applicable licensing act may be directed to pay a sum not to exceed the reasonable costs of the investigation and prosecution of the case in addition to other sanctions.

(B)   A certified copy of the actual costs, or a good faith estimate of costs where actual costs are not available, signed by the director, or the director's designee, is prima facie evidence of reasonable costs.

(C)   Failure to make timely payment in accordance with the order results in the collection of costs in accordance with Section 40-1-180.

(D)   The board may conditionally renew or reinstate for a maximum of one year the license of an individual who demonstrates financial hardship and who enters into a formal agreement to reimburse the board within that time period for the unpaid costs.

Section 40-2-180.   (A)   All costs and fines imposed pursuant to this chapter are due and payable immediately upon imposition or at the time indicated by final order of the board. Unless the costs and fines are paid within sixty days of the date they are due, the order becomes a judgment and may be filed and executed upon in the same manner as a judgment in the court of common pleas, and the board may collect costs and attorney's fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid. 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 and subject to the collection and enforcement provisions of the Setoff Debt Collection Act.

(B)   All fines and costs collected under this chapter must be remitted by the department to the State Treasurer and deposited in a special fund established for the department to defray the administrative costs associated with investigations and hearings under this chapter.

Section 40-2-190.   (A)   Except by permission of the client for whom a licensee performs services or the heirs, successors, or personal representatives of a client, a licensee under this chapter must not voluntarily disclose information communicated by the client relating to and in connection with services rendered. This information is confidential. However, nothing in this chapter may be construed to prohibit the disclosure of information requiring disclosure by the standards of the public accounting profession in reporting on the examination of financial statements or to prohibit disclosures in court proceedings, investigations or proceedings under this chapter, in ethical investigations conducted by private professional organizations, in the course of peer reviews, in performing services for that client on a need to know basis by other active persons of the organization, or in the business of persons in the entity needing this information for the sole purpose of assuring quality control.

(B)   Subject to the provisions of this section, all statements, records, schedules, working papers, and memoranda created by a licensee or on behalf of a registrant, incident to, or in the course of, rendering services to a client except the reports submitted by the licensee to the client and except for records that are part of the client's records, are and remain the property of the licensee in the absence of an expressed agreement between the licensee and the client to the contrary. No statement, record, schedule, working paper, or memorandum may be sold, transferred, or bequeathed without the consent of the client or the client's personal representative or assignee, to anyone other than one or more surviving partners, stockholders, members or new partners, new stockholders, or new members of the registrant, or any combined or merged firm or successor in interest to the licensee. Nothing in this section may be construed to prohibit temporary transfer of work papers or other material necessary in the course of carrying out peer reviews or as otherwise interfering with the disclosure of information pursuant to this section.

(C)   A licensee shall furnish to a client or former client, upon request and reasonable notice:

(1)   a copy of the licensee's working papers, to the extent that the working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and

(2)   accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client's premises or received for the client's account; the licensee may make and retain copies of these documents of the client when based on work completed by the licensee.

(D)   Nothing in this section requires a licensee to keep paper work beyond the period prescribed in any other applicable law.

Section 40-2-200.   A person or firm who knowingly violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined not more than ten thousand dollars or imprisoned for not more than one year, or both.

Section 40-2-210.   If the board believes that a person or firm has engaged, or is about to engage, in an act or practice which constitutes or will constitute a violation of Section 40-2-30, the board may issue a cease and desist order. The board may also apply to the Administrative Law Court pursuant to Section 40-1-210 for an order enjoining these acts or practices, and upon a showing by the board that the person or firm has engaged or is about to engage in these acts or practices, the division shall grant an injunction, restraining order, or other order as may be appropriate. For each violation, the Administrative Law Court may impose a fine of no more than ten thousand dollars.

Section 40-2-240.   (A)   The board may issue a license to a holder of a certificate, license, or permit issued under the laws of any state or territory of the United States or the District of Columbia or any authority outside the United States upon a showing of substantially equivalent education, examination, and experience upon the condition that the applicant:

(1)   received the designation, based on educational and examination standards substantially equivalent to those in effect in this State, at the time the designation was granted;

(2)   completed an experience requirement, substantially equivalent to the requirement provided for in Section 40-2-35(F), in the jurisdiction which granted the designation or has engaged in four years of professional practice, outside of this State, as a certified public accountant within the ten years immediately preceding the application;

(3)   passed a uniform qualifying examination in national standards and an examination on the laws, regulations, and code of ethical conduct in effect in this State acceptable to the board;

(4)   listed all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy or in which any applications have been denied;

(5)   demonstrated completion of eighty hours of qualified CPE within the last two years; and

(6)   filed an application and pays an annual fee sufficient to cover the cost of administering this section.

(B)   Each holder of a certificate issued under this section shall notify the board in writing within thirty days after its occurrence of any issuance, denial, revocation, or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction.

Section 40-2-245.   The board may grant an individual whose principal place of business is outside this State the privilege to perform or offer to perform services in this State as a certified public accountant if the individual meets all of the following conditions:

(1)   holds a valid and unrevoked license or permit to practice as a certified public accountant issued by another state, a territory of the United States, or the District of Columbia and that jurisdiction's requirements for licensure are substantially equivalent to the requirements of this chapter;

(2)   notifies the board that the person intends to perform or offers to perform services in this State as a certified public accountant;

(3)   agrees to comply with the provisions of this section and the regulations promulgated regarding notification and practice;

(4)   lists all jurisdictions, foreign and domestic, in which the applicant has applied for or holds a designation to practice public accountancy, and each holder of a certificate issued under this section shall notify the board in writing within thirty days after its occurrence of any issuance, denial, revocation, or suspension of a designation or commencement of a disciplinary or enforcement action by any jurisdiction;

(5)   consents to have an administrative notice of hearing served on the board in the individual's principal state of business;

(6)   files an application and pays an annual fee sufficient to cover the cost of administering this section.

Section 40-2-250.   (A)   A licensee shall file an application for renewal on or before January first of each calendar year.

(B)   The application for renewal of a license must include:

(1)   current information concerning practice status;

(2)   a verified continuing education report;

(3)   renewal fee.

(C)   The verified report of continuing education must document forty hours of acceptable continuing education each calendar year. Not more than twenty percent of the required hours may be in personal development subjects. A licensee is not required to report continuing education for the year in which the initial license was obtained. The board by regulation may provide for the carryover of excess hours of continuing education not to exceed twenty hours a year. No carryover is allowed from a year in which continuing education was not required.

(D)   A license not renewed on or before January first is considered revoked. Continued practice after January fifteenth must be sanctioned as unlicensed practice of accounting.

(E)   Renewal applications filed or completed after January fifteenth are subject to a reinstatement fee in the amount of five hundred dollars. A person may not practice on a revoked license.

(F)   A Certified Public Accountant or Public Accountant whose license has lapsed or has been inactive for:

(1)   fewer than three years, the license may be reinstated by applying to the board, submitting proof of completing forty continuing education units for each year the license has lapsed or has been inactive, and paying the reinstatement fee;

(2)   three or more years, the license may be reinstated upon completion of six months of additional experience, and one hundred and twenty hours of continuing education;

(3)   an indefinite period and has active status outside of this State may reinstate the license by submitting an application under Section 40-2-240.

Section 40-2-255.   (A)   A registrant shall file an application for renewal on or before January first of each calendar year.

(B)   The application for renewal of a registration shall include:

(1)   current information concerning ownership;

(2)   current information concerning the identity of the licensee in charge of the office;

(3)   renewal fee.

(C)   As a condition of renewal of registration an applicant who engages in attest or compilation services, or both, must provide evidence of satisfactory completion of peer review no more frequently than once every three years. Peer review must be conducted in a manner as the board specifies by regulation. This review must include a verification that individuals in the firm, who are responsible for supervising attest or compilation services, or both, and who sign or authorize someone to sign the accountant's report on the financial statements on behalf of the firm, meet the competency requirements set out in the professional standards for these services and these regulations must:

(1)   include reasonable provision for compliance by an applicant that can show that it has, within the preceding three years, undergone a peer review that is a satisfactory equivalent to peer review as generally required pursuant to this subsection;

(2)   require, with respect to peer reviews, that they be subject to oversight by a body established or sanctioned by the board, which shall periodically report to the board on program review effectiveness under its charge and provide to the board a listing of firms that have participated in a peer review program;

(3)   require, with respect to peer review, that the peer review processes be operated and that work and documents be maintained in a manner designed to preserve confidentiality of documents furnished or generated in the course of the review.

(D) A registration not renewed on or before January first is considered revoked. Continued practice after January fifteenth must be sanctioned as unlicensed practice of accounting.

Section 40-2-270.   (A)   A licensee who is retired and does not perform or offer to perform for compensation one or more kinds of services involving the use of accounting or auditing skills, including issuance of reports on financial statements or of one or more kinds of management advisory, financial advisory, or consulting services or the preparation of tax returns or the furnishing of advice on tax matters, may apply to the board for permission to place the word 'Emeritus' adjacent to the licensee's 'Certified Public Accountant' title or 'Public Accountant' title on any document or device on which the 'Certified Public Accountant' or 'Public Accountant' title appears.

(B)   A license in 'emeritus' status must be renewed annually with no fee required. A license in 'emeritus' status may not be reinstated as an active license.

(C)   A licensee holding a license in 'emeritus' status may apply for licensure under Section 40-2-35 as if the licensee was a new applicant and never sat for the exam.

Section 40-2-330.   If a provision of this chapter or the application of a provision of this chapter to a person or entity or in any circumstances is held invalid, the remainder of the chapter and the application of the provision to others or in other circumstances must not be affected thereby.

Section 40-2-335.   (A)   Licensed Certified Public Accountants/Public Accountants performing or supervising the performance of attest or compilation services must provide those services in accordance with professional standards.

(B)   A person holding a license or firm holding a registration under this chapter must not use a professional or firm name or designation that is misleading about the legal form of the firm, or about the persons who are partners, officers, members, managers or shareholders of the firm or about any other matter; however, names of one or more former owners, partners, members, managers, or shareholders may be included in the name of a firm or its successor.

Section 40-2-340. An Accounting Practitioner or firm of Accounting Practitioners is permitted to associate his or the firms' name with compiled financial statements if the following disclaimer is used:

'I (we) have compiled the accompanying balance sheet of XYZ Company as of December 31, XXXX, and the related statements of income, retained earning and cash flows for the year then ended. A compilation is limited to presenting, in the form of financial statements, information that is the representation of management (owners). I (we) have not audited or reviewed the accompanying financial statements and I am (we are) prohibited by law from expressing an opinion on them.'

Section 40-2-510.   A person, firm, or professional association not exempt under Section 40-2-530 is considered to be engaged in the practice of offering to render and rendering to the public the services which are regulated by this article if the person, firm, or professional association:

(1)   offers to prospective clients in South Carolina to perform for compensation one or more of these services:

(a)   the development, recording, analysis, or presentation of financial information including, but not limited to, the preparation of financial statements;

(b)   advice or assistance in regard to accounting controls, systems, and procedures; and

(2)   in any manner holds himself or itself out to the public in South Carolina as skilled in one or more of the types of services described in item (1).

Section 40-2-520.   (A)   No professional association, person, or partnership, other than a person or partnership holding a permit to practice issued pursuant to this article, may engage in the practice defined in Section 40-2-510 unless he or it plainly indicates on all signs, cards, letterheads, advertisements, and directories used to disclose his or its practice or business that he or it does not hold a license to practice under this article.

(B)   No professional association, person, or partnership, other than a person or partnership holding a permit to practice issued pursuant to this article, may assume or use the title or designation "Accounting Practitioner" or any other title, designation, words, letters, abbreviation, sign, card, or device tending to indicate that the person is an accounting practitioner or that the partnership is composed of accounting practitioners or that the person, partnership, or professional association is authorized under this article to engage in the practice defined under Section 40-2-510.

Section 40-2-530.   Nothing contained in this article:

(1)   applies to a certified public accountant or public accountant who holds a license to practice issued under the law of South Carolina and no provision of this article applies to a partnership of certified public accountants or public accountants which holds a permit to practice issued under South Carolina authority;

(2)   applies to a person, firm, or professional association which plainly indicates on all signs, cards, letterheads, advertisements, and directories used to disclose his or its practice or business that he or it does not hold a license to practice under this article;

(3)   prohibits a person from serving as an employee of a person, partnership, or professional association if the employee does not engage in the practice defined in Section 40-2-510 on his own account;

(4)   prohibits a person, partnership, or professional association from offering to prepare or from preparing a tax return with respect to taxes imposed by a governmental authority, whether federal, state, or local, and this article does not prevent a person from advising clients in connection with tax matters;

(5)   prohibits a person, partnership, or professional association holding a license or permit issued by another state, territory, or the District of Columbia, which authorizes the person, partnership, or professional association to engage in the other jurisdiction in the type of practice described in Section 40-2-510, from temporarily practicing in this State as an incident to his or its regular practice outside of this State if the temporary practice is conducted in conformity with the rules of ethical conduct promulgated by the board;

(6)   applies to the affixing of the signature or name of an officer, employee, partner, or principal of an organization to a statement or report in reference to the financial affairs of the organization with wording designating the position, title, or office which he holds in the organization, and the provisions of this article do not apply to an act of a public official or public employee in the performance of his duties;

(7)   applies to the offering or rendering of data processing services by mechanical or electronic means or to the offering or rendering of services in connection with the operation, sale, lease, rental, or installation of mechanical or electronic bookkeeping or data processing equipment or to the sale, lease, rental, or installation of this equipment.

Section 40-2-540.   The South Carolina Board of Accountancy shall examine, license, and discipline accounting practitioners. The board may charge a reasonable fee for examinations, not exceeding the fee charged for certified public accountants' examinations.

Section 40-2-550.   In order to be eligible for licensing under this article as an accounting practitioner, an applicant may not hold another license granted under this chapter and must:

(1)   not have any history of dishonest or felonious acts;

(2)   be a resident of this State or have a place of business in this State, or, as an employee, be regularly employed in this State;

(3)   be at least eighteen years of age; and

(4)   meet these requirements:

(a)   pass an examination approved by the board, which is designed to test the applicant's basic knowledge of the subjects described in Section 40-2-510(1) and which may consist of parts of the examination administered to certified public accountant applicants or another examination as the board may prescribe; and

(b)   have a bachelor's degree with a major in accounting as determined by the board from a four-year college or university accredited by the Southern Association of Colleges and Schools or from a college or university having equivalent standards as determined by the board;

(5)   surrenders, if licensed and holds a current annual permit to practice in this State as a certified public accountant or public accountant, his license and permit to practice as a certified public accountant or public accountant upon being licensed as an accounting practitioner.

Section 40-2-560.   (A)   Licenses must be issued by the board to persons satisfying the requirements of Section 40-2-550 upon the payment of a license fee in an amount to be determined by the board.

(B)   A licensee must file an application for renewal in accordance with Section 40-2-250.

(C)   A partnership, firm, or registrant must file an application in accordance with Section 40-2-255.

(D)   Partnerships, without payment of a permit fee, which meet the following standards:

(1)   at least one general partner must me an accounting practitioner of this State in good standing;

(2)   each partner must be lawfully engaged in the practice, as defined in Section 40-2-520, in a state of the United States;

(3)   each resident manager in charge of an office must be an accounting practitioner of this State in good standing.

Section 40-2-570.   (A)   After notice and hearing pursuant to Section 40-2-310 the board may revoke a license or permit as accounting practitioner issued under this article; suspend a license or permit for a period of not more than five years; reprimand, censure, or limit the scope of practice of a license or permit holder; impose an administrative fine not exceeding ten thousand dollars; or place a license or permit holder on probation, all with or without terms, conditions, and limitation, for any one or more of these reasons:

(1)   fraud or deceit in obtaining a license or permit;

(2)   cancellation, revocation, or suspension of, or refusal to renew authority to engage in the practice of public accountancy in another state, territory of the United States, or the District of Columbia for any cause;

(3)   revocation or suspension of the right to practice before a state or federal agency;

(4)   dishonesty, fraud, or gross negligence in the practice of public accounting or in filing or failure to file the license or permit holder's own income tax return;

(5)   violation of a provision of this article or Article 1 or a regulation promulgated by the board under the authority granted by this chapter;

(6)   violation of a rule of professional conduct promulgated by the board under the authority granted by this chapter;

(7)   conviction of a felony, or any crime an element of which is dishonesty or fraud, under the laws of the United States, of this State, or another state if the acts involved would have constituted a crime under the laws of this State. The record of conviction or a copy of the record, certified by the clerk of court or the judge in whose court the conviction is had, is conclusive evidence of the conviction and 'conviction' shall include a plea of guilty or a plea of nolo contendere;

(8)   performance of a fraudulent act while holding a license or permit under this article; or

(9)   conduct reflecting adversely upon the license or permit holder's fitness to engage in the practice of public accountancy.

(B)   In lieu of or in addition to a remedy specifically provided in subsection (A), the board may require one or more of these requirements of a license or permit holder:

(1)   a quality review conducted in a fashion as the board may require; or

(2)   satisfactory completion of continuing professional education programs as the board may specify.

A 'quality review' means a study, appraisal, or review of one or more aspects of the professional work of a person or firm in the practice of public accountancy by a person or persons who hold certificates or licenses and who are not affiliated with the person or firm being reviewed.

(C)   In a proceeding in which a remedy imposed by subsections (A) and (B) is imposed, the board also may require the respondent license or permit holder to pay the costs of the proceeding.

Section 40-2-580.   The board may initiate proceedings under this article on its own motion or on the complaint of a person, and the procedures provided in Article 1 for these proceedings are applicable and binding in procedures under this article.

Section 40-2-590.   A person who violates a provision of this article is guilty of a misdemeanor and, upon conviction, must be fined not less than fifty dollars or more than two hundred dollars or imprisoned not less than twenty days or more than sixty days. Each violation constitutes a separate offense and each day's violation constitutes a separate offense.

Section 40-2-600.   Nothing contained in this article may be construed to prohibit the formation of partnerships by and between public accountants and accounting practitioners if all members of the partnerships and all resident managers of offices of the partnerships are licensed under this chapter as public accountants or accounting practitioners and if the partnerships apply for an annual permit in the manner prescribed in this article for other partnerships."
SECTION   2.   A. A person holding a current license as a Certified Public Accountant or Public Accountant or Accounting Practitioner on the effective date of this act shall continue to hold this license, subject to license renewal requirements of Chapter 2, Title 40 of the 1976 Code, as amended by Section 1 of this act.
B.   A firm currently registered as a Certified Public Accountant, Public Accountant or Accounting Practitioner firm on the effective date of this act shall continue to hold this registration, subject to the regulation renewal requirements of Chapter 2, Title 40 of the 1976 Code, as amended by Section 1 of this act.
C.   A Certified Public Accountant or a Public Accountant, who is currently on waiver, or holding an inactive or retired inactive license, has one hundred eighty days from this act's effective date to apply to the Board of Accountancy for permanent emeritus status, as provided for in Section 40-2-270 of the 1976 Code, as amended by Section 1 of this act, or to reactivate the license with no penalty.
D.   A Certified Public Accountant applicant with an application pending on the effective date of this act, with or without partial credit for examination, may continue under that application and the requirements under which the individual applied for licensure for twenty-four months after this act's effective date. After twenty-four months from the effective date of this act, an applicant must comply with the requirements for licensure of Chapter 2, Title 40 of the 1976 Code, as amended by Section 1 of this act.
E. An Accounting Practitioner who is currently on waiver, or holding an inactive license, has one hundred eighty days from this act's effective date to apply to the Board of Accountancy for permanent emeritus status, as provided for in Section 40-2-270 of the 1976 Code, as amended by Section 1 of this act or to reactivate the license with no penalty. After that date, a lapsed accounting practitioner license may not be reinstated or reactivated.
SECTION   3.   Section 40-59-220(C) of the 1976 Code is amended to read:

"(C)   The commission shall issue a residential builder's license if, as a result of examination, the commission finds that the applicant is qualified to engage in residential building in South Carolina, and the applicant submits an executed bond in the form and with a surety approved by the commission in the sum of not less than fifteen thousand dollars or a reviewed financial statement demonstrating a net worth of not less than seventy-five thousand dollars of which at least fifteen thousand dollars must be in cash and cash equivalents proof of financial responsibility acceptable to the commission."/
Renumber sections to conform.
Amend title to conform.

Rep. SCARBOROUGH explained the amendment.

Rep. SCARBOROUGH continued speaking.

Rep. SCARBOROUGH continued speaking.
Rep. ALTMAN spoke against the amendment.

Rep. SCOTT requested debate on the Bill.

Rep. KENNEDY objected to the Bill.

Reps. MCLEOD, MOODY-LAWRENCE, COLEMAN, STILLE, ALTMAN, HERBKERSMAN, MAHAFFEY, BAILEY, THOMPSON, HAYES, SCARBOROUGH, GOURDINE, CHELLIS, CATO, LUCAS, SKELTON and HINSON requested debate on the Bill.

Rep. LOURIE moved to adjourn debate upon the following Bill until Tuesday, May 25, which was adopted:

S. 848 (Word version) -- Senators Verdin and Knotts: A BILL TO AMEND SECTION 56-5-170, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTHORIZED EMERGENCY VEHICLES, SO AS TO PROVIDE THAT THESE VEHICLES ARE ALLOWED TO USE AND DISPLAY ANY BLUE LIGHTS OR RED LIGHTS; TO DEFINE THE TERM "DISPLAY", AND TO PROVIDE THAT ONLY CERTAIN AUTHORIZED EMERGENCY VEHICLES MAY DISPLAY THE WORD "POLICE".

The following Bill was taken up:

S. 792 (Word version) -- Senator Rankin: A BILL TO AMEND SECTION 23-47-65, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CREATION OF THE CMRS EMERGENCY TELEPHONE SERVICES ADVISORY COMMITTEE, SO AS TO INCREASE THE NUMBER OF TERMS A COMMITTEE MEMBER MAY BE APPOINTED TO SERVE, AND TO EXTEND THE PERIOD OF TIME IN WHICH THE COMMITTEE MAY EXIST.

Rep. HOWARD 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. 668 (Word version) -- Senator Ritchie: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-5-15, SO AS TO AUTHORIZE A BANK OR SAVINGS AND LOAN ASSOCIATION, UPON DEPOSIT OF FUNDS BY A MUNICIPALITY, COUNTY, SCHOOL DISTRICT, OTHER LOCAL GOVERNMENT UNIT OR POLITICAL SUBDIVISION, OR A COUNTY TREASURER, TO SECURE THE DEPOSITS BY DEPOSIT INSURANCE, SURETY BONDS, COLLATERAL SECURITIES, OR LETTERS OF CREDIT TO PROTECT THE LOCAL ENTITY AGAINST LOSS, AND TO PROVIDE THE REQUIREMENTS FOR SECURING DEPOSITS THAT EXCEED THE AMOUNT OF INSURANCE COVERAGE PROVIDED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION.

Rep. SCOTT 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. 682 (Word version) -- Senator Jackson: A BILL TO AMEND CHAPTER 58, TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REGISTRATION AND REGULATION OF MORTGAGE LOAN BROKERS, SO AS TO CHANGE THE TERM FROM "MORTGAGE LOAN BROKER" TO "MORTGAGE BROKER", TO CONFORM THE CHAPTER ACCORDINGLY, TO DEFINE "PROCESSOR", TO FURTHER SPECIFY THE SCOPE OF RESPONSIBILITY OF "ORIGINATORS", AND AMONG OTHER THINGS TO PROVIDE FOR LICENSURE AND RENEWAL FEES FOR ORIGINATORS.

Rep. HERBKERSMAN 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. 897 (Word version) -- Senator Leatherman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-9-55 SO AS TO PROVIDE THAT ANY CHANGES ADOPTED TO THE SOUTH CAROLINA BUILDING CODE BY THE SOUTH CAROLINA BUILDING CODE COUNCIL ARE DEEMED TO BE INCORPORATED INTO THE SOUTH CAROLINA BUILDING CODE AND DO NOT HAVE TO BE READOPTED IN SUBSEQUENT CODE CYCLES.

Rep. HAYES 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. 686 (Word version) -- Senators Thomas and Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 2 TO CHAPTER 73, TITLE 38 SO AS TO ENACT THE "PROPERTY AND CASUALTY INSURANCE PERSONAL LINES MODERNIZATION ACT"; TO AMEND SECTION 38-73-910, RELATING TO CONDITIONS UNDER WHICH INSURANCE PREMIUMS MAY BE RAISED, SO AS TO DELETE FIRE, ALLIED LINES, AND HOMEOWNERS' INSURANCE FROM THIS REQUIREMENT, AND TO DELETE A PROVISION AUTHORIZING A PRIVATE INSURER TO UNDERWRITE CERTAIN ESSENTIAL PROPERTY INSURANCE AND TO FILE FOR RATE INCREASE UNDER CERTAIN CIRCUMSTANCES.

Rep. COATES 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. 720 (Word version) -- Senator Hayes: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 59 TO TITLE 44 SO AS TO ESTABLISH THE CATAWBA RIVER BASIN ADVISORY COMMITTEE AND THE CATAWBA RIVER BASIN BI-STATE COMMISSION, AND PROVIDE FOR THEIR DUTIES, POWERS, AND FUNCTIONS.

Rep. LOFTIS 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. 532 (Word version) -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VIII-A OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE POWERS OF THE GENERAL ASSEMBLY PERTAINING TO ALCOHOLIC LIQUORS AND BEVERAGES, SO AS TO REGULATE THEIR SALE IN CONTAINERS OF SUCH SIZE AS THE GENERAL ASSEMBLY CONSIDERS APPROPRIATE.

Rep. SCOTT 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. 548 (Word version) -- Senator Martin: A BILL TO AMEND SECTION 40-71-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MEMBERS OF CERTAIN PROFESSIONAL SOCIETIES WHO ARE EXEMPT FROM TORT LIABILITY, SO AS TO REVISE THE DEFINITION OF PROFESSIONAL SOCIETY TO INCLUDE CRIMINAL JUSTICE ORGANIZATIONS.

Rep. SCOTT 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. 458 (Word version) -- Senators Kuhn, Giese, Leatherman, Ravenel, Waldrep, Martin, Grooms, Branton, Richardson, Fair, Verdin, Hayes, Thomas, Mescher and Knotts: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-70 SO AS TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON; AND TO AMEND SECTION 16-3-612, RELATING TO A STUDENT COMMITTING ASSAULT AND BATTERY AGAINST A PERSON AFFILIATED WITH A SCHOOL, SO AS TO CHANGE THE OFFENSE FROM A MISDEMEANOR TO A FELONY, AND TO ALLOW A PERSON AFFILIATED WITH A SCHOOL TO BRING A CIVIL ACTION AGAINST A STUDENT WHO COMMITS ASSAULT AND BATTERY AGAINST THE PERSON.

Rep. COBB-HUNTER 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. 1156 (Word version) -- Senator O'Dell: A BILL TO AMEND TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO HEALTH, BY ADDING CHAPTER 34 SO AS TO ENACT THE SOUTH CAROLINA IMMUNIZATION REGISTRY ACT WHICH PROVIDES FOR AN ELECTRONIC REPOSITORY OF VACCINATION RECORDS TO BE USED IN AIDING CHILDHOOD DISEASE PREVENTION AND CONTROL.

Rep. WHITE 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. 1146 (Word version) -- Senator Peeler: A BILL TO AMEND ARTICLE 1, CHAPTER 61, TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EMERGENCY MEDICAL SERVICE, SO AS TO DEFINE CERTAIN ADDITIONAL TERMS, CHANGE THE PROCEDURE FOR SUSPENSION OR REVOCATION OF A LICENSE OR A PERMIT, PROVIDE CERTAIN ACTS FOR WHICH A SERVICE MAY BE FINED, PROVIDE CERTAIN CRIMES THAT IF COMMITTED REQUIRE THE DENIAL OF CERTIFICATION, PROVIDE INSTANCES OF MISCONDUCT AND THE SUSPENSION OF A CERTIFICATE PENDING INVESTIGATION OF A COMPLAINT OF MISCONDUCT, PROVIDE FOR AN ADDITIONAL EXEMPTION, CHANGE REFERENCES TO REGULATIONS, PROVIDE FOR CONFIDENTIALITY OF PATIENT CARE RECORDS, CLARIFY LANGUAGE, AND REVISE REFERENCES.

Rep. WHITE 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. 1219 (Word version) -- Senators Matthews and Hutto: A BILL TO AMEND SECTION 44-7-2210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF TRUSTEES OF THE ORANGEBURG-CALHOUN REGIONAL HOSPITAL, SO AS TO DELETE THE PROVISION REQUIRING THE GOVERNOR TO MAKE THE APPOINTMENTS TO THE BOARD AND PROVIDE THAT THE GOVERNING BODIES OF ORANGEBURG AND CALHOUN COUNTIES SHALL MAKE THE APPOINTMENTS ACCORDING TO THE PRO RATA METHOD PRESCRIBED IN THIS SECTION.

Rep. J. BROWN moved to waive Rule 5.12, which was agreed to by a division vote of 45 to 1.

Rep. HERBKERSMAN 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. 604 (Word version) -- Senator Mescher: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-80 SO AS TO REQUIRE SCHOOL DISTRICTS TO ADOPT A POLICY AUTHORIZING A STUDENT TO SELF ADMINISTER ASTHMA MEDICATION, TO PROVIDE FOR THE ELEMENTS OF THE POLICY INCLUDING REQUIRING THE PARENT OF THE STUDENT TO PROVIDE CERTAIN MEDICAL INFORMATION, AND TO PROVIDE IMMUNITY FROM LIABILITY FOR DISTRICTS AND THEIR EMPLOYEES.

Rep. WHITE 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. 821 (Word version) -- Senators Short and Moore: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING A NEW SECTION AUTHORIZING THE DEPARTMENT OF MOTOR VEHICLES TO ISSUE A SPECIAL COMMEMORATIVE 'BREAST CANCER AWARENESS' MOTOR VEHICLE LICENSE PLATE, TO REQUIRE A FEE OF THIRTY-FIVE DOLLARS ABOVE THAT REQUIRED FOR A STANDARD LICENSE PLATE AND TO REQUIRE THOSE FUNDS BE USED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO EXPAND SERVICES PROVIDED BY THE BEST CHANCE NETWORK.

Rep. GOURDINE 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. 1103 (Word version) -- Senators Peeler, Hayes and Gregory: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED SPECIAL LICENSE PLATES, SO AS TO PROVIDE THAT THIS LICENSE PLATE MAY BE ISSUED TO ANY OWNER OF CERTAIN PRIVATE PASSENGER CARRYING MOTOR VEHICLES, AND TO ADD AN ADDITIONAL FEE FOR THE ISSUANCE ON THE LICENSE PLATE THAT MUST BE DEPOSITED IN AN ACCOUNT DESIGNATED BY THE COMMITTEE OF THE SOUTH CAROLINA DUCKS UNLIMITED.

Rep. WEEKS 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. 430 (Word version) -- Senator Thomas: A BILL TO AMEND SECTION 57-23-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCENIC HIGHWAYS, SO AS TO UPDATE AND INCREASE THE MEMBERSHIP OF THE SCENIC HIGHWAYS COMMITTEE.

Rep. MARTIN 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. 1207 (Word version) -- Senator Hayes: A JOINT RESOLUTION TO AUTHORIZE THE SOUTH CAROLINA DEPARTMENT OF REVENUE TO REVISE THE 2004 INDEX OF TAXPAYING ABILITY FOR PURPOSES OF ADJUSTING FOR A VALUATION ERROR IN ROCK HILL SCHOOL DISTRICT THREE OF YORK COUNTY.

Rep. HARRELL moved to waive Rule 5.12, which was agreed to by a division vote of 21 to 0.

Rep. KIRSH explained the Joint Resolution.

The Joint Resolution was read second time and ordered to third reading.

On motion of Rep. KIRSH, with unanimous consent, it was ordered that S. 1207 (Word version) be read the third time tomorrow.

The following Bill was taken up:

S. 935 (Word version) -- Senator Hawkins: A BILL TO AMEND SECTION 24-21-940, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED WITH REGARD TO A PARDON, SO AS TO PROVIDE THAT A SPECIFIC PROVISION OF LAW MAY LIMIT THE EFFECT OF A PARDON; AND TO AMEND SECTION 24-21-990, AS AMENDED, RELATING TO THE RESTORATION OF CIVIL RIGHTS LOST AS A RESULT OF CONVICTION, SO AS TO PROVIDE THAT CERTAIN CRIMINAL HISTORY BACKGROUND REVIEWS ARE NOT AFFECTED BY A PARDON.

Rep. SCOTT 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. 1071 (Word version) -- Senators Ritchie and Richardson: A BILL TO AMEND SECTION 16-13-510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FINANCIAL IDENTITY FRAUD, SO AS TO PROVIDE THAT IT IS UNLAWFUL TO USE THE IDENTITY OF ANOTHER PERSON FOR THE PURPOSE OF OBTAINING EMPLOYMENT.

Rep. VIERS 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. 1133 (Word version) -- Senator Waldrep: A BILL TO AMEND SECTIONS 59-26-30 AND 59-26-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO TEACHER ASSESSMENTS AND TEACHER CERTIFICATION, SO AS TO CHANGE REFERENCES FROM STUDENT TEACHERS TO TEACHER CANDIDATES, TO REMOVE PROVISIONAL CONTRACTS FROM THE TYPES OF CONTRACTS UNDER WHICH TEACHERS MAY BE EMPLOYED, TO PROVIDE THAT CONTINUING CONTRACT TEACHERS MUST BE EVALUATED ON A CONTINUOUS BASIS, TO PROVIDE WHEN A TEACHER MAY RECEIVE DIAGNOSTIC ASSISTANCE, AND TO FURTHER PROVIDE FOR THE REQUIREMENTS OF ANNUAL CONTRACT TEACHERS.

Rep. TOWNSEND moved to waive Rule 5.12, which was agreed to by a division vote of 23 to 0.

Rep. HERBKERSMAN 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. 988 (Word version) -- Transportation Committee: A BILL TO AMEND SECTION 56-1-176, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL ATTENDANCE CONDITIONS ASSOCIATED WITH THE ISSUANCE OF CONDITIONAL AND SPECIAL RESTRICTED DRIVER'S LICENSES, SO AS TO PROVIDE THAT THESE AND ADDITIONAL CONDITIONS SHALL APPLY TO THE ISSUANCE OF A BEGINNER'S PERMIT, CONDITIONAL DRIVER'S LICENSE, SPECIAL RESTRICTED DRIVER'S LICENSE, AND A REGULAR DRIVER'S LICENSE ISSUED TO A PERSON LESS THAN EIGHTEEN YEARS OF AGE, AND TO PROVIDE FOR THE SUSPENSION OF A PERSON'S PERMIT OR LICENSE IF HE FAILS TO COMPLY WITH THESE CONDITIONS, AND TO REQUIRE THAT THE SUSPENSION REMAIN IN EFFECT UNTIL THE PERSON HAS DEMONSTRATED COMPLIANCE WITH THESE CONDITIONS FOR ONE FULL SEMESTER SUBSEQUENT TO THE SEMESTER DURING WHICH HIS PERMIT OR LICENSE WAS SUSPENDED.

Rep. WALKER 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, read the second time, and ordered to a third reading:

H. 5333 (Word version) -- Reps. J. E. Smith and Harrell: A JOINT RESOLUTION PROVIDING UP TO AN ADDITIONAL THIRTY DAYS MILITARY LEAVE IN SUBSEQUENT YEARS FOR A STATE EMPLOYEE CALLED TO ACTIVE DUTY AS A RESULT OF "OPERATION ENDURING FREEDOM" OR "OPERATION NOBLE EAGLE", OR WHO SERVES IN A UNIT FEDERALIZED FOR DUTY IN CONNECTION WITH POTENTIAL OR ACTUAL HOSTILITIES IN IRAQ, OR ANY COMBINATION OF THESE DUTIES, WHEN THE EMERGENCY GIVING RISE TO THE EMERGENCY EXTENDS INTO A SUBSEQUENT YEAR.

On motion of Rep. HARRELL, with unanimous consent, it was ordered that H. 5333 (Word version) be read the third time tomorrow.

The following Bill was taken up:

H. 4652 (Word version) -- Reps. J. Brown, Cotty, Scott, Govan, Lourie, McLeod, Altman, Bailey, Bingham, Breeland, G. Brown, R. Brown, Clark, Clyburn, Harrison, J. Hines, M. Hines, Keegan, Lloyd, Martin, Merrill, Ott, E. H. Pitts, Toole and Whipper: A BILL TO AMEND SECTION 56-1-720, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MOTOR VEHICLE OPERATING RECORD POINT VIOLATION SYSTEM, SO AS TO PROVIDE THAT A UNIFORM PARKING VIOLATIONS TICKET ISSUED TO A PERSON WHOSE VEHICLE VIOLATES THE PRESCRIBED USE OF A PARKING SPACE MUST BE ASSESSED TWO POINTS AGAINST HIS MOTOR VEHICLE OPERATING RECORD; TO AMEND SECTION 56-3-1960, AS AMENDED, RELATING TO FREE PARKING FOR HANDICAPPED PERSONS AND THE ISSUANCE AND DISPLAY OF HANDICAPPED PLACARDS, SO AS TO ESTABLISH WHO MAY USE OR DISPLAY A HANDICAPPED PLACARD; TO PROVIDE THAT IT IS ILLEGAL TO FILE A FALSE APPLICATION TO OBTAIN A HANDICAPPED LICENSE PLATE OR PLACARD, AND TO PROVIDE THAT IT IS ILLEGAL TO DUPLICATE, FORGE, OR SELL A HANDICAPPED PLACARD OR LICENSE PLATE; TO AMEND SECTION 56-3-1970, AS AMENDED, RELATING TO PARKING ILLEGALLY IN A HANDICAPPED PARKING SPACE, SO AS TO INCREASE THE MAXIMUM FINE FOR A VIOLATION OF THIS PROVISION; AND TO AMEND SECTION 56-3-1971, AS AMENDED, RELATING TO THE ISSUANCE OF A UNIFORM PARKING VIOLATION TICKET, SO AS TO ALLOW CERTAIN VOLUNTEERS TRAINED BY A LAW ENFORCEMENT AGENCY TO ISSUE THESE TICKETS, AND TO ALLOW LAW ENFORCEMENT OFFICERS TO ISSUE A UNIFORM PARKING VIOLATION TICKET TO AN OPERATOR OF A MOTOR VEHICLE WHICH IS A TWO POINT MOTOR VEHICLE OPERATING RECORD VIOLATION.

The Education and Public Works Committee proposed the following Amendment No. 1 (Doc Name COUNCIL\SWB\6062CM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION   1.   Article 18, Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Section 56-3-1980.   (A)   A local jurisdiction may establish a citizens handicapped parking enforcement program to assist in the enforcement of handicapped parking laws.

(B)   A person appointed to a citizens handicapped parking enforcement program must:

(1)   be at least eighteen years of age;

(2)   successfully complete a State Law Enforcement Division criminal history background check;

(3)   successfully complete a handicapped parking enforcement training program established by the local jurisdiction; and

(4)   serve as a volunteer without compensation.

(C)   A person appointed to a citizens handicapped parking enforcement program who identifies an apparent violation of handicapped parking laws may collect information on the violation including vehicle identification information, the date, time, and location of the violation, and photographs of the violation, and then may submit the information to the local jurisdiction's appropriate law enforcement agency. Information and photographs collected may not be used for any purpose other than as evidence of a handicapped parking violation.

(D)   Upon identification of the owner of the vehicle, the law enforcement agency must send by registered mail, return receipt requested, to the owner a warning or citation for the handicapped parking violation. The warning or citation must identify the vehicle, the date, time, and location of the violation, and include a copy of any photographs of the violation. The warning or citation also must include information on how the owner may contest the warning or citation. The owner is not responsible for the violation if the owner was not the person operating the vehicle at the time of the violation, and, within thirty days after notification of the violation, furnishes the law enforcement agency that issued the warning or citation an affidavit stating the name and address of the person operating the vehicle at the time of the violation. Upon identification of the person operating the vehicle at the time of the violation, the law enforcement agency must send by registered mail, return receipt requested, to the person a warning or citation for the handicapped parking violation. The warning or citation must identify the vehicle, the date, time, and location of the violation, and include a copy of any photographs of the violation. The warning or citation also must include information on how the person may contest the warning or citation.

(E)   A person appointed to a citizens handicapped parking enforcement program is not an employee of the State nor any political subdivision of the State. Neither the State nor any subdivision of the State is liable for any injury to a person appointed to a citizens handicapped parking enforcement program. Neither the State nor any subdivision of the State is liable for any injury caused by a person appointed to a citizens handicapped parking enforcement program."
SECTION   2.   Section 56-3-1970 of the 1976 Code, as last amended by Act 421 of 1992, is further amended to read:

"Section 56-3-1970.   (A)   It is unlawful to park any vehicle in a parking place clearly designated for handicapped persons unless the vehicle bears the distinguishing license plate or placard provided in Section 56-3-1960.

(B)   It is unlawful for any person who is not handicapped or who is not transporting a handicapped person to exercise the parking privileges granted handicapped persons pursuant to Section 56-3-1960.

(C)   It is unlawful for a person or entity to file a false application to obtain a handicapped license plate or placard provided in Section 56-3-1960.

(D)   It is unlawful for a person or entity to illegally duplicate, forge, or sell a handicapped license plate or placard provided in Section 56-3-1960.

(E)   A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than one hundred dollars nor more than two hundred dollars or imprisoned for not more than thirty days for each offense."
SECTION   3.   Section 56-3-1971 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-3-1971.   All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to an operator of a motor vehicle or the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag driver's license or license plate number and recording the violations with the Department of Motor Vehicles.

The procedures governing the issuance, form, and content of the uniform parking violations ticket must be prescribed by the department and approved by the Attorney General within thirty days of submission by the department."
SECTION   4.   Section 56-3-1972 of the 1976 Code, as last amended by Act 459 of 1996, is further amended to read:

"Section 56-3-1972.   For purposes of this article, a uniform parking violations ticket shall consist of five copies, one of which must be blue and issued to the operator of the vehicle or placed upon the vehicle parked in violation of this article; one of which must be yellow and must be dispatched to the department for its records; one of which must be white and must be maintained by the originating agency; one of which must be green and must be retained by the trial officer for his records; and one of which must be pink and must be dispatched by the issuing agency to the department for purposes of audit, unless otherwise provided for by the department. Each ticket shall have a unique identifying number."
SECTION   5.   This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.

Rep. GILHAM explained the amendment.
The amendment was then adopted.

Rep. LOFTIS proposed the following Amendment No. 2 (Doc Name COUNCIL\DKA\3958DW04), which was adopted:
Amend the bill, as and if amended, by Section 56-3-1970(A), SECTION 2, page 4652-3, line 2, by inserting at the end:
/ The parking space must be designated by a sign at a height clearly visible by the driver of a vehicle bearing the appropriate symbol for a handicapped parking space.
Renumber sections to conform.
Amend title to conform.

Rep. LOFTIS explained the amendment.
The amendment was then adopted.

The Bill, as amended, was read the second time and ordered to third reading.

On motion of Rep. GILHAM, with unanimous consent, it was ordered that H. 4652 (Word version) be read the third time tomorrow.

Rep. SCOTT withdrew his request for debate on S. 496 (Word version); however, other requests for debate remained on the Bill.

The Senate amendments to the following Bill were taken up for consideration:

H. 4004 (Word version) -- Reps. Hinson, Gourdine, Merrill, Umphlett and McLeod: A BILL TO AMEND SECTION 43-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS IN THE OMNIBUS ADULT PROTECTION ACT, SO AS TO REVISE THE DEFINITION OF "EXPLOITATION" TO INCLUDE CAUSING A VULNERABLE ADULT TO PURCHASE GOODS OR SERVICES FOR THE PROFIT OF ANOTHER USING, AMONG OTHER THINGS, DURESS, COERCION, OR SWINDLING.

Rep. HARRISON explained the Senate Amendments.

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. 4688 (Word version) -- Reps. Davenport, Martin, Altman, Bailey, Barfield, Branham, Cato, Clark, Clyburn, Coates, J. Hines, M. Hines, Kirsh, Moody-Lawrence, Rivers, Scarborough, Sinclair, Snow, Stille and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 39-1-55 SO AS TO PROVIDE THAT A PERSON MAY NOT ISSUE OR SELL A GIFT CERTIFICATE WHICH PROVIDES THAT THE CERTIFICATE EXPIRES BEFORE THE FIRST ANNIVERSARY OF THE DATE ON WHICH THE CERTIFICATE IS ISSUED OR SOLD, TO PROVIDE EXCEPTIONS, AND TO PROVIDE THAT A CONDITION RELATING TO THE USE OF A GIFT CERTIFICATE MUST BE STATED CLEARLY ON THE CERTIFICATE IF THE CONDITION PROVIDES THAT THE CERTIFICATE DECREASES IN VALUE OVER A PERIOD OF TIME OR THAT A FEE IS CHARGED AGAINST THE BALANCE OF THE CERTIFICATE AFTER A CERTAIN PERIOD OF TIME.

Rep. CATO 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. 4697 (Word version) -- Reps. Witherspoon, Rhoad, Hayes, Bailey, Battle, Coates, Davenport, Edge, Keegan, Leach, Limehouse, Loftis, McCraw and Stewart: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-23-265 SO AS TO PROVIDE THAT A PERSON WHO PURCHASES TREES OR FOREST PRODUCTS DIRECTLY FROM A LANDOWNER FROM LANDS IN THIS STATE MUST MAKE FULL PAYMENT TO THE LANDOWNER IN THE MANNER PROVIDED IN THIS SECTION, TO PROVIDE EXCEPTIONS, TO PROVIDE THAT FAILURE TO REMIT PAYMENT AS REQUIRED SUBJECTS THE VIOLATOR TO CRIMINAL PENALTIES FOR VIOLATIONS, AND TO PROVIDE THAT WHERE THE VALUE OF THE TIMBER EXCEEDS FIVE THOUSAND DOLLARS, EQUIPMENT AND VEHICLES USED TO ACQUIRE OR CUT THE TIMBER ARE SUBJECT TO CONFISCATION AND FORFEITURE.

Rep. OTT 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. 3482 (Word version) -- Reps. Bingham, Trotter, M. A. Pitts, Umphlett, Taylor, E. H. Pitts, Simrill, Huggins, Owens, Bailey, Hinson, Rice, Cato, Young, Hagood, Loftis, Ceips, Toole, Altman, White, G. R. Smith, Barfield, Chellis, Clemmons, Cooper, Duncan, Merrill, Scarborough, Ott and Quinn: A BILL TO AMEND SECTION 16-23-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXCEPTIONS TO THE PROHIBITION AGAINST CARRYING A PISTOL SO AS TO CLARIFY THAT A PERSON MAY CARRY A PISTOL IN ANY HOME, ON REAL PROPERTY, OR AT A FIXED PLACE OF BUSINESS IF THE PERSON HAS THE PERMISSION OF THE OWNER OR PERSON IN LEGAL POSSESSION OR CONTROL OF THE PROPERTY, TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ONE'S PERSON AND A SECURED COMPARTMENT IN ONE'S CAR, TO CLARIFY THAT IT IS NOT A VIOLATION OF THE EXCEPTION ALLOWING A PISTOL TO BE SECURED IN A GLOVE COMPARTMENT IF THE COMPARTMENT IS OPENED TO RETRIEVE CERTAIN MOTOR VEHICLE DOCUMENTS IN THE PRESENCE OF A LAW ENFORCEMENT OFFICER, AND TO PROVIDE AN EXCEPTION FOR TRANSFERRING A PISTOL BETWEEN ANY OF THE PROVIDED EXCEPTIONS.

Rep. HARRISON explained the Senate Amendments.

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. 3409 (Word version) -- Reps. Clemmons, Altman, Bailey, Chellis, Clark, Edge, Keegan, Lloyd, Mahaffey, M. A. Pitts, Viers, Martin and Miller: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-35-175, SO AS TO PROVIDE A PROCESS FOR ESTABLISHING FIREWORKS PROHIBITED ZONES WITHIN COUNTIES AND MUNICIPALITIES; AND TO AMEND SECTION 15-78-60, RELATING TO EXCEPTIONS TO THE WAIVER OF IMMUNITY UNDER THE SOUTH CAROLINA TORT CLAIMS ACT, SO AS TO EXEMPT LOCAL GOVERNING BODIES FROM LIABILITY FOR LOSS FROM GRANTING OR DENYING AN APPLICATION FOR EXTENDING A FIREWORKS PROHIBITED ZONE.

Rep. CLEMMONS explained the Senate Amendments.

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 Bills were taken up, read the third time, and ordered returned to the Senate with amendments:

S. 496 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 47-5-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RABIES INOCULATIONS, CERTIFICATES, TAGS, AND FEES, SO AS TO INCREASE THE FEE FROM THREE DOLLARS TO FIVE DOLLARS FOR A RABIES INOCULATION AT A RABIES CLINIC PROMOTED BY THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL AND LICENSED VETERINARIANS.

S. 813 (Word version) -- Senators Richardson, Hutto, Ravenel and Kuhn: A BILL TO AMEND SECTION 4-10-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BALLOT QUESTION SUBMITTED TO THE QUALIFIED ELECTORS OF A COUNTY FOR THE APPROVAL OF THE IMPOSITION OF A SALES AND USE TAX IN THE COUNTY AND THE PURPOSES FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED, SO AS TO ADD PUBLIC PARKING GARAGES AND BEACH ACCESS AND BEACH RENOURISHMENT FOR WHICH THE PROCEEDS OF THE TAX MAY BE USED.

S. 1048 (Word version) -- Senator Jackson: A BILL TO REQUIRE EACH PUBLIC HIGH SCHOOL TO INCLUDE ON THE REPORT CARD A CUMULATIVE GRADE POINT AVERAGE CALCULATED ACCORDING TO THE UNIFORM GRADING SCALE FOR ALL SCHOOLS ATTENDED.

The following Bill was taken up, read the third time, and ordered sent to the Senate:

H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY.

The following Bill was read the third time, passed and, 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:

S. 791 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 59-150-130, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOTTERY VENDORS AND RESTRICTIONS ON THESE VENDORS, SO AS TO PROVIDE THAT CERTAIN PROHIBITIONS AND RESTRICTIONS RELATING TO CONTRIBUTIONS AND LOBBYING DO NOT APPLY TO A LOTTERY VENDOR THAT IS A FEDERALLY-CHARTERED OR INSURED FINANCIAL INSTITUTION WHICH PROVIDES ONLY BANKING SERVICES AS A LOTTERY VENDOR, BUT DO APPLY TO THE VENDOR'S EMPLOYEES WHO ARE INVOLVED ON A DAY-TO-DAY BASIS IN PROVIDING THE GOODS OR SERVICES THAT ARE THE SUBJECT OF THE CONTRACT WITH THE LOTTERY COMMISSION.

Rep. LOFTIS moved that the House recur to the Morning Hour, which was agreed to.

The COMMITTEE OF CONFERENCE, to whom was referred: (Doc Name: Legwork\Council\pt\2091mm04.doc)

S. 104 (Word version) -- Senator Mescher: A BILL TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44.

Beg leave to report that they have duly and carefully considered the same and recommend:

That the same do pass with the following amendments:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/   SECTION   1.   Title 44 of the 1976 Code is amended by adding:

Section 44-34-10.   As used in this chapter:

(1)   'Department' means the Department of Health and Environmental Control.

(2)   'Tattoo facility' means any room, space, location, area, structure, or business, or any part of any of these places, where tattooing is practiced or where the business of tattooing is conducted.

(3)   'Tattoo artist' means a person who practices body tattooing and who meets the requirements of this chapter.

(4)   'Tattoo or tattooing' means to indelibly mark or color the skin by subcutaneous introduction of nontoxic dyes or pigments.

Section 44-34-20.   (A)   The Department of Health and Environmental Control must establish by regulation sterilization, sanitation, and safety standards for persons engaged in the business of tattooing. The department must provide the necessary resources to support the development of these standards. The standards must be directed at establishment and maintenance of sterile conditions and safe disposal of instruments. The standards may be modified in accordance with the Administrative Procedures Act as appropriate to protect consumers from transmission of contagious diseases through cross-contamination of instruments and supplies.

(B)   Prior to performing tattooing procedures, a tattoo facility must apply for and obtain a license issued by the department that shall be effective for a specified time period following the date of issue as determined by the department. To obtain a license, the tattoo facility must:

(1)   obtain a copy of the department's standards and commit on the application to meet those standards;

(2)   provide the department with its business address and the address at which the licensee would perform any activity regulated by this chapter;

(3)   provide to the department a certificate of each tattoo artist's initial certification of successful completion of courses in bloodborne pathogens and tattoo infection control as approved by the department and a current American Red Cross First Aid Certificate and an Adult Cardio-Pulmonary Resuscitation (CPR) Certification obtained from the American Red Cross or the American Heart Association;

(4)   remit to the department an initial and subsequently an annual license renewal fee of an amount set by the department;

(5)   provide to the department a certified copy of an ordinance passed by the local governing body where the business will be located which authorizes the tattooing of persons within its jurisdiction;

(6)   be in substantial compliance with department standards as determined by an initial license inspection conducted by the department.

(C)   A tattoo facility may only provide tattooing and may not engage in any other retail business including, but not limited to, the sale of goods or performing any form of body piercing other than tattooing.

Section 44-34-30.   (A)   A tattoo artist must comply with the following infection control measures or standards at all times:

(1)   wash his hands thoroughly with water and a germicide soap approved by the department before and after each client's procedure;

(2)   when necessary to perform a procedure on certain individuals who must undergo shaving of hair, use only a single-use disposable razor and clean the skin with a liquid germicidal solution approved by the department and used in accordance with the manufacturer's directions;

(3)   use single-use sterile disposable gloves when setting up equipment and single-use sterile disposable gloves when performing procedures on a client; these gloves must never be washed or reused in any manner and must be immediately replaced upon notice of a tear, any contamination, or other defect;

(4)   when conducting a procedure, use single-use disposable needles and injection equipment which are designated and sterilely packaged as single-use only, and these needles and injection equipment must never be cleaned or reused in any manner on another client;

(5)   properly sterilize by autoclave all reusable instruments and other tattooing items other than inks and sterilely packaged and labeled with the date of sterilization and a sterile indicator;

(6)   prior to any direct contact with the client, place in a sterile manner all sterile instruments on a sterile disposable towel or drape to be used as a single sterile field throughout the procedure. Regloving with single-use sterile disposable surgical gloves must occur prior to initiation of the procedure, which is to be performed using strict sterile surgical techniques. Any nonsterile contact or contamination of the instruments or field must immediately result in cessation of the procedure and nonuse of all equipment until resterilized;

(7)   scrub the skin of the client in a sterile surgical manner with a liquid germicidal solution approved by the department and used in accordance with the manufacturer's direction; and

(8)   dispose of single-use needles and other disposable sharp supplies in safety puncture-proof containers as approved by the department; these used containers must be disposed of in a manner prescribed by the department.

(B)   The use of gauze, alum, styptic pencils, or medical supplies considered necessary to control bleeding is prohibited unless a separate disposable single-use sterile item is used on each client.

(C)   The tattoo artist must not use stencils to transfer designs to skin or containers of ink or dye unless separate, disposable single-use stencils or containers are used on each recipient.

(D)   Each tattoo facility must keep a current written log for the previous two years of autoclave use including, but not limited to, the date and time of use and results of sterilization spore test strip tests performed at least monthly.

(E)   A tattoo facility must include a room for the purpose of disinfecting and sterilization of equipment, and this room must be physically separate from the room used for tattooing procedures to avoid cross contamination of equipment. Flooring in each room must be composed of material which is sanitizable.

Section 44-34-40.   (A)   The department may charge an additional amount if necessary to cover the cost of inspection.

(B)   Fees and monetary penalties established by this chapter must be used exclusively in support of activities pursuant to this chapter.

Section 44-34-50.   (A)   A tattoo artist must be at least twenty-one years old and must possess a certificate of successful completion, on an annual basis, of a course in blood borne pathology and tattoo infection control as approved by the department, a current American Red Cross First Aid Certification and Adult Cardiopulmonary Resuscitation (CPR) Certification obtained either from the American Red Cross or the American Heart Association. A tattoo artist must conspicuously display in a public area on the premises of the tattoo facility the certificates of successful completion of a course in CPR, first aid, blood borne pathogens, and tattoo infection control.

(B)   A tattoo artist must comply with all applicable federal Office of Safety and Health Administration requirements or guidelines.

(C)   The tattoo artist must allow and cooperate with on-site inspections and investigations as considered necessary by the department and must address by corrective action the noncompliance items as identified by the department.

Section 44-34-60.   (A)   The department may conduct unannounced inspections or complaint investigations of the locations at which tattooing, as applicable to this chapter, is being performed.

(B)   Each tattoo facility location must conspicuously display in a public area on the premises of the licensed tattoo facility:

(1)   a clearly legible notice to patrons informing them of any disqualification which tattooing may confer upon a prospective blood donor according to the current and subsequent amendments to standards of the American Association of Blood Banks. This notice also must appear in any informed consent or release form utilized by a tattoo artist. This informed consent or release form must be signed by the prospective client and must contain, at a minimum, aftercare suggestions for the specific tattoo site;

(2)   the tattoo facility license issued by the department.

(C)   A tattoo artist must verify by means of a picture identification that a recipient is at least twenty-one years of age or, if the person is at least eighteen years of age, has parental consent. For purposes of this section, 'picture identification' means:

(1)   a valid driver's license; or

(2)   an official photographic identification card issued by the South Carolina Department of Revenue, a federal or state law enforcement agency, an agency of the United States Department of Defense, or the United States Department of State. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age is a defense to an action brought pursuant to this section.

(D)   A person who has his or her body tattooed while under the age of eighteen in violation of subsection (C) above may bring an action in the circuit court against the person convicted of the violation to recover actual damages and punitive damages plus costs of the action and attorney's fees.

Section 44-34-70.   (A)   The department must promulgate regulations as required by Section 44-34-20 and such other regulations as may be necessary but which do not conflict with the provisions of this chapter.

(B)   This chapter does not limit the department's ability to require a potential licensee to obtain any business license or permit that the department finds appropriate.

Section 44-34-80.   The department may revoke, suspend, or refuse to issue or renew a license pursuant to this chapter and invoke a monetary penalty upon evidence as determined by the department that the licensee of the facility under this chapter has:

(1)   failed to maintain a business address or telephone number at which the tattoo facility may be reached during business hours;

(2)   failed to maintain proper safety, sanitation, or sterilization procedures as established by law or by department regulations;

(3)   obtained a tattoo facility license through fraud or deceit; or

(4)   violated any applicable law or regulation.

Section 44-34-90.   This chapter does not restrict the activities of a physician or surgeon licensed pursuant to the laws of this State.

Section 44-34-100.   (A)   It is unlawful for a person to perform or offer to perform tattooing upon a person under the age of twenty-one years or, if the person is at least eighteen, does not have parental consent.

(B)   The minor upon whom tattooing is performed, or the parent or legal guardian of that minor, or any other minor is not liable for punishment pursuant to this section.

(C)   Tattooing may not be performed upon a person impaired by drugs or alcohol. A person impaired by drugs or alcohol is considered incapable of consenting to tattooing and incapable of understanding tattooing procedures and aftercare suggestions.

(D)   Tattooing may not be performed on skin surfaces having a rash, pimples, boils, keloids, sunburn, open lesions, infections, or manifest any evidence of unhealthy conditions.

(E)   It is unlawful for a tattoo artist to tattoo any part of the head, face, or neck of another person.

(F)   A person who violates a provision of this chapter is guilty of a misdemeanor and, upon conviction, must be fined up to two thousand five hundred dollars or imprisoned up to one year, or both.

(G)   All licensing fees and monetary penalties collected must be remitted to the Department of Health and Environmental Control in a separate and distinct account to be used solely to carry out and enforce the provisions of this chapter.

Section 44-34-110.   (A)(1)   The department must not grant or issue a license to a tattoo facility, if the place of business is within one thousand feet of a church, school, or playground. This distance must be computed by following the shortest route of ordinary pedestrian or vehicular travel along the public thoroughfare from the nearest point of the grounds in use as part of the church, school, or playground.

(2)   As used in this subsection:

(a)   'Church' means an establishment, other than a private dwelling, where religious services are usually conducted.

(b)   'School' means an establishment, other than a private dwelling where the usual processes of education are usually conducted.

(c)   'Playground' means a place, other than grounds at a private dwelling, that is provided by the public or members of a community for recreation.

(3)   The restrictions in subsection (A)(1) do not apply to the renewal of licenses or to new applications for locations that are licensed at the time the new application is filed with the department.

(B)   An applicant for license renewal or for a new license at an existing tattoo facility location shall pay a certification fee established by the department in regulation to determine if the exemptions provided for in subsection (A)(3) apply.

(C)   A person who intends to apply for a license under this article must advertise at least once a week for three consecutive weeks in a newspaper circulated nearest to the proposed location of the business and most likely to give notice to interested citizens of the county, city, and community in which the applicant proposes to engage in business. The department shall determine which newspapers meet the requirements of this section based on available circulation figures and the proposed location of the business. However, if a newspaper is published in the county and historically has been the newspaper where the advertisements are published, the advertisements published in that newspaper meet the requirements of this subsection. The notice must be in the legal notice section of the paper, or in an equivalent section if the newspaper has no legal notice section, and must be in large type, cover a space one column wide and not less than two inches deep, and state the type of license applied for and the exact location at which the proposed business is to be operated."

SECTION   2.   Section 16-17-700 of the 1976 Code is amended to read:

"Section 16-17-700.   It is unlawful for a person to tattoo any part of the body of another person unless the tattoo artist meets the requirements of Chapter 34 of Title 44. It However, it is not unlawful for a licensed physician or surgeon to tattoo part of a patient's the body of a person of any age if in his the physician's or surgeon's medical opinion it is necessary when performing cosmetic or reconstructive surgery or appropriate; and it is not unlawful for a physician to delegate tattooing procedures to an employee in accordance with Section 40-47-60, subject to the regulations of the State Board of Medical Examiners.

A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court up to two thousand five hundred dollars or imprisoned not more than one year, or both."

SECTION   3.   This act takes effect upon approval by the Governor./
When amended the title shall read:

/   TO AMEND TITLE 44 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 34, TO PROVIDE FOR THE STANDARDS, REQUIREMENTS, AND PROCEDURES OF TATTOOING CERTAIN PERSONS UNDER CERTAIN CONDITIONS AND AT CERTAIN LOCATIONS; AND TO AMEND SECTION 16-17-700, TO PROVIDE THAT IT IS UNLAWFUL TO TATTOO ANOTHER PERSON UNLESS THE TATTOO ARTIST MEETS THE REQUIREMENTS OF CHAPTER 34 OF TITLE 44./

/s/Harvey S. Peeler, Jr.          /s/David J. Mack III
Phil P. Leventis                  W. Brian White
/s/William C. Mescher             /s/C. David Umphlett, Jr.
On Part of the Senate.            On Part of the House.

Rep. MACK explained the Conference Report.

Rep. WHITE spoke against the Conference Report.
Rep. UMPHLETT spoke in favor of the Conference Report.

Rep. WALKER demanded the yeas and nays which were taken, resulting as follows:

Those who voted in the affirmative are:

Anthony                Bailey                 Bales
Barfield               Bingham                Bowers
Branham                Breeland               J. Brown
R. Brown               Clark                  Clemmons
Clyburn                Cobb-Hunter            Coleman
Cotty                  Dantzler               Duncan
Emory                  Freeman                Frye
Gourdine               Govan                  Harrell
J. Hines               Hosey                  Howard
Kennedy                Koon                   Leach
Limehouse              Littlejohn             Lloyd
Lourie                 Mack                   Martin
McLeod                 Miller                 Moody-Lawrence
J. H. Neal             J. M. Neal             Ott
Owens                  Perry                  M. A. Pitts
Richardson             Rutherford             Scott
Sinclair               Skelton                J. E. Smith
Snow                   Taylor                 Townsend
Tripp                  Umphlett               Vaughn
Viers                  Weeks                  Whipper
Whitmire               Wilkins

Those who voted in the negative are:

Cooper                 Davenport              Delleney
Edge                   Gilham                 Herbkersman
Hinson                 Huggins                Keegan
Kirsh                  Mahaffey               Merrill
Neilson                Phillips               Pinson
E. H. Pitts            Quinn                  Rhoad
Rice                   D. C. Smith            G. R. Smith
J. R. Smith            Stille                 Talley
Thompson               Trotter                Walker
White                  Young

So, the Conference Report was adopted and a message was ordered sent to the Senate accordingly.

The Senate amendments to the following Concurrent Resolution were taken up for consideration:

H. 5131 (Word version) -- Reps. Delleney, W. D. Smith and F. N. Smith: A CONCURRENT RESOLUTION TO FIX 12:15 NOON ON TUESDAY, MAY 25, 2004, AS THE TIME TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2005; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE COURT OF APPEALS, SEAT 2, WHOSE TERM EXPIRES JUNE 30, 2005.

The Senate amendments were concurred in and a message was ordered sent to the Senate accordingly.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

H. 5331 (Word version) -- Reps. Harvin, G. M. Smith and Kennedy: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERCHANGE LOCATED AT EXIT 108 ALONG INTERSTATE HIGHWAY 95 IN CLARENDON COUNTY THE "BRIGGS, DELAINE, PEARSON INTERCHANGE" AND ERECT APPROPRIATE SIGNS OR MARKERS AT THIS INTERCHANGE CONTAINING THE WORDS "BRIGGS, DELAINE, PEARSON INTERCHANGE".
Ordered for consideration tomorrow.

Rep. LEACH, from the Committee on Invitations and Memorial Resolutions, submitted a favorable report on:

S. 1242 (Word version) -- Senators Ravenel, McConnell, Ford, Mescher, Branton, Grooms, Pinckney and Kuhn: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE HIGHWAY 703 CAUSEWAY IN CHARLESTON COUNTY, FROM SULLIVAN'S ISLAND TO THE BEN SAWYER BRIDGE, IN HONOR OF LOUIS STITH, SR. AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT BOTH ENDS OF THE CAUSEWAY CONTAINING THE WORDS "LOUIS STITH SR. MEMORIAL CAUSEWAY".
Ordered for consideration tomorrow.

The following was introduced:

H. 5344 (Word version) -- Reps. G. M. Smith, Weeks, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A HOUSE RESOLUTION TO EXPRESS THE PROFOUND SORROW OF THE HOUSE OF REPRESENTATIVES UPON THE DEATH OF JAMES J. CASTLEBERRY, OF SUMTER, THURSDAY, MAY 6, 2004, AND TO CONVEY THE DEEPEST SYMPATHY TO HIS FAMILY AND MANY FRIENDS.

The Resolution was adopted.

The following was introduced:

H. 5345 (Word version) -- Reps. G. M. Smith, G. Brown, Weeks, J. H. Neal, Coates, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Clyburn, Cobb-Hunter, Coleman, Cooper, Cotty, Dantzler, Davenport, Delleney, Duncan, Edge, Emory, Freeman, Frye, Gilham, Gourdine, Govan, Hagood, Hamilton, Harrell, Harrison, Harvin, Haskins, Hayes, Herbkersman, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Jennings, Keegan, Kennedy, Kirsh, Koon, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Mahaffey, Martin, McCraw, McGee, McLeod, Merrill, Miller, Moody-Lawrence, J. M. Neal, Neilson, Ott, Owens, Parks, Perry, Phillips, Pinson, E. H. Pitts, M. A. Pitts, Quinn, Rhoad, Rice, Richardson, Rivers, Rutherford, Sandifer, Scarborough, Scott, Simrill, Sinclair, Skelton, D. C. Smith, F. N. Smith, G. R. Smith, J. E. Smith, J. R. Smith, W. D. Smith, Snow, Stewart, Stille, Talley, Taylor, Thompson, Toole, Townsend, Tripp, Trotter, Umphlett, Vaughn, Viers, Walker, Whipper, White, Whitmire, Wilkins, Witherspoon and Young: A CONCURRENT RESOLUTION TO CONGRATULATE CANDI AND CHRISTY CARNES ON BEING NAMED 2004-2005 TEACHERS OF THE YEAR FOR SUMTER SCHOOL DISTRICT TWO AND TO EXPRESS SINCERE APPRECIATION TO THESE TWO OUTSTANDING TEACHERS FOR THEIR HARD WORK AND DEDICATION TO THE YOUNG PEOPLE OF SUMTER.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

On motion of Rep. HARRELL, with unanimous consent, the following Bill was ordered recalled from the Committee on Ways and Means:

S. 1043 (Word version) -- Senator McConnell: A BILL TO AMEND SECTION 31-12-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISSOLUTION OF A MILITARY FACILITIES REDEVELOPMENT AUTHORITY, SO AS TO PROVIDE THAT AN ADOPTED REDEVELOPMENT PLAN AND TAX INCREMENT FINANCE OBLIGATIONS ADOPTED PURSUANT TO THE PLAN REMAIN IN PLACE UPON THE DISSOLUTION OF THE AUTHORITY UNTIL ADOPTION OF A MUNICIPAL ORDINANCE FINALLY DISSOLVING THE TAX ALLOCATION FUND AND TERMINATING THE REDEVELOPMENT PROJECT AREA; TO AMEND SECTION 31-12-210, AS AMENDED, RELATING TO THE ISSUANCE OF OBLIGATIONS FOR A MILITARY FACILITIES REDEVELOPMENT PROJECT BY A MUNICIPALITY, SO AS TO PROVIDE THAT THE OBLIGATIONS MAY BE ISSUED WITHIN FIFTEEN YEARS OF THE MUNICIPALITY'S CONCURRENCE IN THE REDEVELOPMENT PLAN; TO AMEND SECTION 31-12-270, AS AMENDED, RELATING TO THE ADOPTION OF AN ORDINANCE BY A MUNICIPALITY CONCURRING IN THE MILITARY FACILITIES REDEVELOPMENT PLAN, SO AS TO PROVIDE FOR THE TIME PERIOD BY WHICH AN ORDINANCE MUST BE ADOPTED IN WHICH THE TAX ALLOCATION FUND IS DISSOLVED AND THE REDEVELOPMENT PROJECT AREA'S DESIGNATION IS TERMINATED; TO AMEND SECTION 31-12-290, AS AMENDED, RELATING TO THE TAX ALLOCATION FUND AND THE CARRY FORWARD OF UNEXPENDED FUNDS, SO AS TO PROVIDE THAT FUNDS CARRIED FORWARD MAY BE USED ON MILITARY FACILITIES REDEVELOPMENT PROJECT COSTS; AND TO AMEND SECTION 31-12-300, AS AMENDED, RELATING TO THE CERTIFICATION OF THE TOTAL INITIAL EQUALIZED ASSESSED VALUE OF TAXABLE PROPERTY WITHIN A MILITARY FACILITIES REDEVELOPMENT PROJECT AREA, SO AS TO PROVIDE FOR TIME PERIODS BY WHICH THE VALUE MUST BE DETERMINED AND TO REQUIRE COOPERATION AMONG OFFICIALS IN MAKING THAT DETERMINATION.

Rep. STILLE moved that the House do now adjourn, which was agreed to.

At 11:55 a.m. the House, in accordance with the motion of Rep. SKELTON, adjourned in memory of William Bryan "Judge" Keller of Clemson, to meet at 10:00 a.m. tomorrow.

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