H*3411(Rat #0223, Act #0152 of 1991)  General Bill, By J.V. Gregory, J. Brown, 
Kirsh, E.L. Nettles, P.E. Short and Wilkins
 A Bill to amend Section 40-53-70, Code of Laws of South Carolina, 1976,
 relating to qualifications of polygraph examiners, so as to require a surety
 bond, insurance policy, or other surety acceptable to the South Carolina Law
 Enforcement Division to receive and retain licensure and require changes in
 coverage to be reported to the Division within thirty days; to amend Section
 40-53-160, relating to license renewal, so as to provide for evidence of a
 current bond, policy, or other surety of five thousand dollars; to repeal
 Section 40-53-200 relating to registration with the Clerk of Court; and to
 reauthorize the existence of the Polygraph Examiners for six years.-amended
 title

   01/31/91  House  Introduced and read first time HJ-466
   01/31/91  House  Referred to Committee on Labor, Commerce and
                     Industry HJ-466
   02/28/91  House  Committee report: Favorable with amendment Labor,
                     Commerce and Industry HJ-2
   03/05/91  House  Amended HJ-28
   03/05/91  House  Read second time HJ-29
   03/06/91  House  Read third time and sent to Senate HJ-19
   03/07/91  Senate Introduced and read first time SJ-12
   03/07/91  Senate Referred to Committee on Judiciary SJ-12
   05/30/91  Senate Recalled from Committee on Judiciary SJ-37
   05/30/91  Senate Read second time SJ-37
   05/30/91  Senate Unanimous consent for third reading on next
                     legislative day SJ-37
   05/31/91  Senate Read third time and enrolled SJ-60
   06/06/91         Ratified R 223
   06/12/91         Signed By Governor
   06/12/91         Effective date 06/12/91
   06/12/91         Act No. 152
   06/27/91         Copies available

AN ACT TO AMEND SECTION 40-53-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF POLYGRAPH EXAMINERS, SO AS TO REQUIRE A SURETY BOND, INSURANCE POLICY, OR OTHER SURETY ACCEPTABLE TO THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION TO RECEIVE AND RETAIN LICENSURE AND REQUIRE CHANGES IN COVERAGE TO BE REPORTED TO THE DIVISION WITHIN THIRTY DAYS; TO AMEND SECTION 40-53-160, RELATING TO LICENSE RENEWAL, SO AS TO PROVIDE FOR EVIDENCE OF A CURRENT BOND, POLICY, OR OTHER SURETY OF FIVE THOUSAND DOLLARS; TO REPEAL SECTION 40-53-200 RELATING TO REGISTRATION WITH THE CLERK OF COURT; AND TO REAUTHORIZE THE EXISTENCE OF THE POLYGRAPH EXAMINERS FOR SIX YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

Requirement for a surety bond, insurance policy, or other surety to receive and retain licensure; reporting of changes in coverage

SECTION 1. Section 40-53-70 of the 1976 Code is amended to read:

"Section 40-53-70. A person is qualified to receive a license as an examiner if he:

(1) is at least twenty-one years of age;

(2) is a citizen of the United States;

(3) establishes that he is a person of honesty, truthfulness, integrity, and moral fitness;

(4) has not been convicted of a felony or a misdemeanor involving moral turpitude;

(5) holds a baccalaureate degree from a college or university accredited by the American Association of Collegiate Registrars and Admissions Officers or is a graduate of an accredited high school and has five consecutive years of active investigative experience immediately preceding his application;

(6) is a graduate of a polygraph examiners' course approved by the division and satisfactorily has completed not less than six months of internship training. However, if the applicant is not a graduate of an approved polygraph examiners' course, satisfactory completion of not less than twelve months of internship training may satisfy this item;

(7) has passed an examination conducted by the division or under its supervision to determine his competency to obtain a license to practice as an examiner;

(8) before the issuance of a license, furnishes to the division evidence of a surety bond, insurance policy, or other surety acceptable to the division. The surety bond, insurance policy, or other surety acceptable to the division must be five thousand dollars and conditioned that the obligor will pay to the extent of the face amount of the surety bond, insurance policy, or other surety acceptable to the division judgments which may be recovered against the licensee by reason of wrongful or illegal acts committed by him in the course of his examinations. To retain licensure a surety bond, insurance policy, or other surety acceptable to the division must be maintained, and a change in coverage must be reported to the division within thirty days."

Evidence of a current bond, policy, or other surety of five thousand dollars

SECTION 2. Section 40-53-160 of the 1976 Code is amended to read:

"Section 40-53-160. A polygraph examiner's license must be issued for one year and, unless suspended or revoked, must be renewed annually as prescribed by the division upon evidence of a current surety bond, insurance policy, or other surety acceptable to the division of five thousand dollars. A polygraph examiner whose license has expired within two years after its expiration may obtain a renewal license without examination by making a renewal application and satisfying Section 40-53-70(2), (3), and (4). However, a polygraph examiner whose license expired while he was in the federal service on active duty with the armed forces of the United States, or the National Guard called into service or training, or in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed without examination if within two years after termination of service, training, or education, except under a condition other than honorable, he furnishes the division with an affidavit to the effect that he has been so engaged, and that his service, training, or education has been terminated. He also shall comply with Section 40-53-70(2), (3) and (4)."

Repeal

SECTION 3. Section 40-53-200 of the 1976 Code is repealed.

Reauthorization

SECTION 4. In accordance with Section 1-20-60 of the 1976 Code the existence of the Polygraph Examiners is reauthorized for six years.

Time effective

SECTION 5. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1991.