| Printed Page 2610, Apr. 26 | Printed Page 2630, Apr. 26 |

Renumber sections to conform.

Amend totals and title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

H. 3273 -- Rep. Townsend: A BILL TO AMEND SECTIONS 56-3-3310 AND 56-3-3320, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SPECIAL LICENSE PLATES FOR RECIPIENTS OF THE PURPLE HEART, SO AS TO ELIMINATE THE BIENNIAL FEE FOR THE LICENSE PLATE, TO PROVIDE THAT THE PLATE MUST BE PERMANENT, AND TO ELIMINATE THE REQUIREMENT THAT THE LICENSE PLATE BE ISSUED ON A BIENNIAL BASIS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5781CM.95), which was adopted.

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting:

"Section 56-3-3310. The department may issue a permanent special motor vehicle license plate to a recipient of the Purple Heart. The biennial fee for the special license plate is the same as the fee provided in Section 56-3-2020 Article 5, Chapter 3 of this Title, and only one plate may be issued to a person. The application for a special plate must include proof the applicant is a recipient of the Purple Heart."/

Amend title to conform.

Rep. TOWNSEND explained the amendment.

The amendment was then adopted.

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

The following Bill was taken up.

S. 368 -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 9-8-125 SO AS TO AUTHORIZE A MEMBER OF THE RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS WHO IS AT LEAST SIXTY-FIVE YEARS OF AGE AND ELIGIBLE TO RECEIVE RETIREMENT BENEFITS FROM THE RETIREMENT SYSTEM FOR MEMBERS OF THE GENERAL ASSEMBLY BUT FOR THE MEMBER'S CURRENT EMPLOYMENT AS A JUDGE OR SOLICITOR TO ELECT TO RECEIVE THESE BENEFITS.

The Ways and Means Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\JIC\5817JM.95), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. The 1976 Code is amended by adding:

"Section 9-9-55. Notwithstanding any other provision of law, any member of the General Assembly who served in the General Assembly any portion of a year may establish credit for the entire year by paying the full actuarial cost as determined by the Retirement System for Members of the General Assembly."/

Amend title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. BOAN proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\JIC\5833HTC.95), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION ___. Section 9-9-50(4) of the 1976 Code is amended to read:

"(4) Any A member with two or more years of credited service shall receive additional credited service for the period of his military service, including service in the South Carolina National Guard, at the rate of one year of military or National Guard service for each two years of his credited service excluding any period of credited military service, provided he was discharged or separated from the military service under conditions other than dishonorable, and if provided that he shall pay pays to the system, by a single payment prior to his retirement or death or by such other method of payment as may be prescribed from time to time by the board, all payments to the system he would have been required to make for the period to be so credited had he been employed in the position he held immediately prior to the commencement of his military leave during the period of such military service, together with the regular interest which would have been credited thereon from the date the contributions would have been made to the date of payment. In the case of a member whose military service was rendered prior to his before becoming a member of the General Assembly, such the payments by the member, as described in the foregoing sentence, shall must be determined on the basis of his earnable compensation at the time he first became a member of the system. Provided, however, no No member shall receive credit for more than six years of military service and no member may receive credit for service performed after 1975."/

Renumber sections to conform.

Amend title to conform.

Rep. BOAN explained the amendment.

The amendment was then adopted.

Rep. LANFORD explained the Bill.

The following Bills and Joint Resolution were taken up, read the second time, and ordered to a third reading:

S. 677 -- Senator Leventis: A JOINT RESOLUTION TO DIRECT THE CLEMSON UNIVERSITY LIVESTOCK-POULTRY HEALTH DIVISION TO ESTABLISH A QUARANTINE FOR LARYNGOTRACHEITIS, AN INFECTIOUS AND COMMUNICABLE POULTRY DISEASE, AND TO PROVIDE REQUIREMENTS FOR THE QUARANTINE.

Rep. RISER explained the Joint Resolution.

H. 3652 -- Reps. Keegan, Meacham, A. Young, Cobb-Hunter, Wofford, Bailey, Delleney, Worley, Whatley, Kelley, Thomas, Gamble, Koon, Seithel, Wells, Huff, Witherspoon, Riser, Martin, Spearman, McTeer and Fulmer: A BILL TO AMEND SECTION 22-5-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE EXPUNGEMENT OF A CRIMINAL RECORD, SO AS TO PROHIBIT THE EXPUNGEMENT OF A CRIMINAL RECORD FOR A CRIME CONTAINED IN CHAPTER 25 OF TITLE 16.

Rep. MARTIN explained the Bill.

H. 3676 -- Reps. Trotter, Meacham, Hutson, P. Harris, L. Whipper, Cooper, Townsend, Simrill, Tripp, Cain, Hines, S. Whipper, Neilson, Kirsh, Limehouse, Anderson, Robinson, Breeland, Rice, Chamblee, Marchbanks, Easterday, Stoddard, Waldrop, Spearman and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO REVISE CIRCUMSTANCES IN SCHOOL SETTINGS UNDER WHICH A SEALANT MAY BE APPLIED AND A PROPHYLAXIS PERFORMED BY A DENTAL HYGIENIST.

Rep. WILDER explained the Bill.

H. 3711 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-15-105 SO AS TO

Rep. WILDER explained the Bill.

H. 3712 -- Reps. Baxley, G. Brown, Elliott, Wright, Worley, Jennings and Sandifer: A BILL TO AMEND SECTION 40-15-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CONDITIONS UNDER WHICH A PERSON IS CONSIDERED TO BE PRACTICING DENTAL HYGIENE, SO AS TO PROVIDE THAT UPON CERTIFICATION AND UNDER THE SUPERVISION OF A DENTIST A DENTAL HYGIENIST MAY ADMINISTER INFILTRATION ANESTHESIA.

Rep. WILDER explained the Bill.

H. 3518 -- Rep. Richardson: A BILL TO AMEND SECTION 38-31-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE "SOUTH CAROLINA PROPERTY AND CASUALTY INSURANCE GUARANTY ASSOCIATION ACT", SO AS TO CHANGE THE DEFINITION OF "COVERED CLAIM"; AND TO AMEND SECTION 38-31-100, RELATING TO THE SAME ACT, THE REQUIREMENT THAT CLAIMANTS EXHAUST RIGHTS UNDER OTHER POLICIES, AND CLAIMS RECOVERABLE FROM MORE THAN ONE ASSOCIATION, SO AS TO DELETE CERTAIN LANGUAGE, AND PROVIDE, AMONG OTHER THINGS, THAT ANY RECOVERY UNDER THIS ACT MUST BE REDUCED BY THE STATUTORY CAP APPLICABLE TO THE OTHER INSURANCE GUARANTY ASSOCIATION OR ITS EQUIVALENT.

Rep. RICHARDSON explained the Bill.

H. 3630 -- Reps. Kelley, Keegan, Worley, Martin, Trotter, Witherspoon and Thomas: A BILL TO AMEND SECTION 61-3-990, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RESTRICTIONS ON SALES BY RETAIL DEALERS OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE SALE OF ALCOHOLIC BEVERAGES IN SEALED CONTAINERS OF TWO OUNCES OR LESS FOR CONSUMPTION IN COMMERCIAL AIRCRAFT ENGAGED IN INTERSTATE COMMERCE.

Rep. GAMBLE explained the Bill.

The following Bill was taken up.

H. 3785 -- Reps. Sharpe, Knotts, Hutson, Limehouse, Littlejohn, A. Young, Whatley, Fleming, Bailey, Fair, Easterday, Allison, Meacham, Walker, Moody-Lawrence, R. Smith, Neal, Tripp, Neilson, Stille, Davenport, Witherspoon, Hines, Vaughn, Rice, Cato, Haskins, Sandifer, Shissias, Mason, Riser, J. Brown, Wright, Wofford, Richardson, J. Harris, Dantzler and Harrison: A BILL TO AMEND TITLE 40, CHAPTER 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MASSEURS AND MASSEUSES, TO ENACT THE MASSAGE PRACTICE ACT SO AS TO CREATE THE BOARD OF MASSAGE AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH LICENSURE AND RENEWAL REQUIREMENTS FOR MASSAGE THERAPISTS; TO DEFINE ACTS OF MISCONDUCT AND TO PROVIDE DISCIPLINARY ACTION AND PROCEDURES FOR MISCONDUCT, AND TO PROVIDE PENALTIES.

The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\BBM\10174AC.95), which was adopted.

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

/SECTION 1. Title 40, Chapter 30 of the 1976 Code is amended to read:

Section 40-30-20. For purposes of this chapter:

(A) "Masseur" means a male person and "masseuse" means a female person who apply manual or mechanical massages or similar treatment to the human trunk or limbs.

(B) "Division" means the South Carolina Law Enforcement Division. The General Assembly recognizes that the practice of massage/bodywork is potentially harmful to the public in that massage/bodywork therapists must have a knowledge of anatomy and physiology and an understanding of the relationship between the structure and the function of the tissues being treated and the total function of the body. Massage/bodywork is

Section 40-30-30. A masseur or masseuse or any person or party engaging in any business, trade, profession, occupation, or calling may do business only between the hours of 10:00 a.m. and 10:00 p.m., Monday through Saturday. Any operator of a massage parlor or establishment, or business above enumerated and not specifically exempted under the provisions of this chapter, may only operate between the hours provided in this chapter. As used in this chapter:

(1) `Advisory panel' means the Advisory Panel for Massage/Bodywork under the Department of Labor, Licensing, and Regulation.

(2) `Approved massage/bodywork school' means a facility which meets minimum standards for training and curriculum as determined by regulation of the department.

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

(4) `Director' means the Director of the Department of Labor, Licensing, and Regulation.
(5) `Disciplinary panel' means the Disciplinary Panel for Massage/Bodywork under the Department of Labor, Licensing, and Regulation.

(6) `Hydrotherapy' means the use of water, vapor or ice for treatment of superficial tissues.

(7) `Licensure' means the procedure by which a person applies to the department and is granted approval to practice massage/bodywork.

(8) `Massage/bodywork therapy' means the application of a system of structured touch and or the manipulation of the superficial tissues of the human body with the hand, foot, arm, or elbow whether or not the manipulation is aided by hydrotherapy, thermal therapy, a massage device, human hands or the application to the human body of a chemical or herbal preparation.

(9) `Massage/bodywork therapist' means a person licensed as required by this chapter, who administers massage/bodywork therapy for compensation.

(11) `Thermal therapy' means the use of ice or a heat lamp or moist heat on superficial tissues.

Section 40-30-40. It is unlawful for any masseur or masseuse to treat a person of the opposite sex, except upon the signed order of a licensed physician, osteopath, or chiropractor, which order must be dated and shall specifically state the number of treatments, not to exceed ten. The date and hour of each treatment given and the name of the operator must be entered on the order by the establishment where the treatments are given and is subject to inspection by the division at any reasonable time. The requirements of this section do not apply to treatments given in the residence of a patient, the office of a licensed physician, osteopath, chiropractor, or in a regularly established and licensed hospital or sanitarium. (A)There is created the Advisory Panel for Massage/Bodywork under the Department of Labor, Licensing, and Regulation. The advisory panel consists of nine members appointed by the Governor with the advice and consent of the Senate. Six members of the advisory panel must be licensed massage/bodywork therapists and must have been engaged in the practice of massage/bodywork for not fewer than three consecutive years before appointment to the advisory panel and must be appointed by the Governor, one from each congressional district, and must reside in and practice in the district the massage/bodywork therapist represents. The massage/bodywork therapist members of the advisory panel must represent the diversity of the types of massage/bodywork therapy practiced and licensed in South Carolina. Three members of the advisory panel must be appointed by the Governor from the State at large and must be members of the general public who are not licensed massage/bodywork therapists nor have any financial interest, direct or indirect, in the profession of massage/bodywork therapy. Each advisory panel member must be a high school graduate or shall have received a graduate equivalency diploma. Each advisory panel member must be a citizen of the United States and a resident of this State for not fewer than five years.

(B) Nominations for appointment to the advisory panel may be submitted to the Governor from any individual, group, or association.

(C) Members serve a term of four years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the advisory panel must be filled in the

(D) The Governor may remove a member of the advisory panel in accordance with Section 1-3-240.

Section 40-30-50. (A) It is unlawful for any person under the age of eighteen to patronize any massage parlor or similar establishment unless the person carries with him at the time of the patronage a written order directing the treatment to be given signed by a regularly licensed physician.

(B) It is the duty of the operator of the massage parlor or similar establishment to determine and have verification of the age of the person patronizing the establishment. The duties of the advisory panel are to advise the department in the development of regulations, statutory revisions, and such other matters as the department may request in regard to the administration of this chapter.

Section 40-30-60. Any establishment employing a masseur or masseuse is subject to the following restrictions:

(A) Prices charged for all services rendered must be posted inside the entrance; and In accordance with Section 40-73-15, the Director of the Department of Labor, Licensing, and Regulation may employ and establish compensation for personnel the director considers necessary and appropriate for the administration of this chapter.

(B) All persons administering massages shall obtain a health certificate from the county health department prior to working as a massager and shall obtain a renewal every six months thereafter Duties must be prescribed by the director and may include, but are not limited to:

(1) maintaining and preserving records;

(2) receiving and accounting for all monies received by the department;

(3) issuing necessary notices to licensees;

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

(5) 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 contracting for the preparation, administration, or grading of the examination. Professional testing services may be utilized to formulate and administer any examinations required by the department;

(6) license and renew the licenses of qualified applicants;

(8) promulgate regulations to carry out this chapter including, but not limited to, establishing a code of ethics to govern the conduct and practices of persons licensed under this chapter.

Section 40-30-65. (A) There is created a Disciplinary Panel for Massage/Bodywork under the Department of Labor, Licensing, and Regulation. The disciplinary panel consists of three members appointed by the Governor with the advice and consent of the Senate. The members of the disciplinary panel must be licensed massage/bodywork therapists and must have been engaged in the practice of massage/bodywork for not fewer than three consecutive years before appointment and must practice in this State. The members of the disciplinary panel must represent the diversity of the types of massage/bodywork therapy practiced and licensed in South Carolina. Each disciplinary panel member must be a high school graduate or shall have received a graduate equivalency diploma. Each disciplinary panel member must be a citizen of the United States and a resident of this State for not fewer than five years.

(B) Nominations for appointment to the disciplinary panel may be submitted to the Governor from any individual, group, or association.

(C) Members serve a term of two years and until their successors are appointed and qualify. No member may serve more than two full or partial terms. A vacancy on the disciplinary panel must be filled in the manner of the original appointment for the remainder of the unexpired term.

(D) Before entering upon the discharge of the duties of the office, a disciplinary panel member shall take and file with the Secretary of State in writing an oath to perform the duties of the office as a member of the disciplinary panel and to uphold the Constitution of this State and the United States.

(E) Members of the disciplinary panel must be compensated for their services at the usual rate for mileage, subsistence, and per diem as provided by law for members of state boards, committees, and commissions and must be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the disciplinary panel. Compensation and reimbursements paid to disciplinary panel members under this subsection must be paid as an expense of the disciplinary panel in the administration of this chapter.
(F) The Governor may remove a member of the disciplinary panel in accordance with Section 1-3-240.

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