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TO AMEND SECTION 40-68-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF A RESTRICTED LICENSE FOR A PROFESSIONAL EMPLOYER ORGANIZATION DOMICILED IN ANOTHER STATE, SO AS TO ELIMINATE THE REQUIREMENT THAT AN APPLICANT BE LICENSED AND IN GOOD STANDING IN ITS STATE OF RESIDENCE, AND TO REQUIRE INSTEAD THAT THE APPLICANT BE LICENSED AND REGISTERED IN GOOD STANDING IN ANOTHER STATE AND PROPERLY REGISTERED AS A FOREIGN ENTITY WITH THE SOUTH CAROLINA SECRETARY OF STATE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-68-90(A) of the 1976 Code is amended to read:
"(A) The department may issue a restricted license to a nonresidential professional employer organization or professional employer organization group for limited operation within this State under the following conditions if the:
(1) applicant's state of residence provides for licensing of professional employer organizations, the applicant is licensed and in good standing in its state of residence, and the applicant's state of residence grants a similar privilege for restricted licensing to professional employer organizations or professional employer organization groups that are residents in South Carolina applicant is domiciled outside this State, is licensed or registered as a professional employer organization in good standing in another state, and is properly registered as a foreign entity with the South Carolina Secretary of State;
(2) applicant does not maintain an office, sales force, or representatives in this State, and it does not solicit clients that are residents in this State; and
(3) applicant does not have more than forty leased employees working in this State."
SECTION 2. This act takes effect upon approval by the Governor.
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