Bill 30

                    Current Status

Introducing Body:               Senate
Bill Number:                    30
Primary Sponsor:                Rose
Committee Number:               12
Type of Legislation:            GB
Subject:                        Mandatory Suspension of
                                Professional Licenses Act
Residing Body:                  Senate
Current Committee:              Labor, Commerce &
                                Industry
Computer Document Number:       30
Introduced Date:                Jan 08, 1991
Last History Body:              Senate
Last History Date:              Jan 08, 1991
Last History Type:              Introduced and read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Rose
Type of Legislation:            General Bill

 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 30    Senate  Jan 08, 1991  Introduced and read first       12
                             time, referred to Committee
 30    Senate  Sep 10, 1990  Prefiled, referred to           12
                             Committee

A BILL

TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 2 SO AS TO ENACT THE SOUTH CAROLINA MANDATORY SUSPENSION OF PROFESSIONAL LICENSES ACT WHICH REQUIRES THE SUSPENSION FOR A PERIOD OF TWO YEARS OF ANY LICENSE, CERTIFICATE, REGISTRATION, OR PERMIT ISSUED TO A PERSON CONVICTED OF A DRUG OR CONTROLLED SUBSTANCES OFFENSE, AND MAKES PERSONS NOT HOLDING THESE LICENSES OR PERMITS INELIGIBLE FOR THEM FOR A PERIOD OF TWO YEARS IF CONVICTED OF A DRUG OR CONTROLLED SUBSTANCES OFFENSE.

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

SECTION 1. Title 40 of the 1976 Code is amended by adding:

Section 40-2-10. This chapter may be cited as the South Carolina Mandatory Suspension of Professional Licenses Act.

Section 40-2-20. (A) In addition to any other disposition authorized by law, every person convicted of any criminal offense involving drugs or controlled substances under the laws of this State, the United States, or any other state, hereinafter referred to in this chapter as a drug offense, shall have any license, certificate, registration, or permit issued to him pursuant to the laws of this State for a profession, occupation, trade, vocation, or business suspended for two years from the date of sentence.

(B) Every person convicted of any drug offense is ineligible for two years from the date of sentence for any license, certificate, registration, or permit required by the laws of this State for a profession, occupation, trade, vocation, or business.

(C) The provisions of this chapter are in addition to the authority of licensing departments, boards, agencies, and commissions of this State to suspend or refuse these licenses or authorities.

Section 40-2-30. (A) When imposing sentence for a drug offense, the court shall inquire as to whether or not the defendant holds a license, certificate, registration, or permit issued by a state agency, department, board, or commission. If the answer is in the affirmative, the court shall order the suspension of the license, certificate, registration, or permit for the period required by this chapter and shall notify in writing the department, board, agency, or commission which issued the license, certificate, registration, or permit of this action.

The court may not suspend or refuse to impose the suspension requirements of this chapter and the suspension period or period of ineligibility begins on the date of sentence.

(B) The notice must indicate, in addition to any information necessary to identify the person convicted, the first and last date of the suspension period, the identification number, if any and if known, of the license, certificate, registration, or permit and the offense for which the person was convicted.

(C) A department, board, agency, or commission which receives such a notice from a court shall promptly accept it, note the suspension in its records, and take whatever action it ordinarily takes to give public notice when a license, certificate, registration, or permit is suspended or revoked. Each department, board, agency, and commission shall also conform its application for licensure forms to include appropriate information blanks as to whether or not the applicant has been convicted of a drug offense within two years of the application."

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