H*2516 Session 106 (1985-1986)
H*2516(Rat #0289, Act #0191 of 1985) General Bill, By J.G. McAbee and P. Evatt
A Bill to amend Title 40, Code of Laws of South Carolina, 1976, relating to
professions and occupations, by adding Chapter 75, so as to enact the
"Professional Counselor, Associate Counselor, and Marital and Family Therapist
Licensing Act", including, among other things, the creation of the Board of
Examiners for the Licensure of Professional Counselors, Associate Counselors,
and Marital and Family Therapists, the adoption and promulgation of a Code of
Ethics to govern the conduct of persons licensed under this Chapter, the
determination of various fees, the creation of a misdemeanor offense and the
establishment of penalties, the revocation or suspension of a license and the
reprimanding, restricting, or other disciplining of a licensee, and the
exemption of certain classifications of persons from the provisions of this
Chapter.
03/05/85 House Introduced and read first time HJ-1093
03/05/85 House Referred to Committee on Ways and Means HJ-1093
04/30/85 House Committee report: Favorable with amendment Ways
and Means HJ-2730
05/01/85 House Objection by Rep. Taylor HJ-2822
05/01/85 House Amended HJ-2821
05/01/85 House Debate adjourned HJ-2822
05/02/85 House Read second time HJ-2897
05/03/85 House Read third time and sent to Senate HJ-2930
05/07/85 Senate Introduced and read first time SJ-1942
05/07/85 Senate Referred to Committee on General SJ-1942
05/16/85 Senate Committee report: Favorable General SJ-2130
06/04/85 Senate Amended SJ-2800
06/04/85 Senate Read second time SJ-2801
06/04/85 Senate Unanimous consent for third reading on next
legislative day SJ-2801
06/05/85 Senate Read third time SJ-2832
06/05/85 Senate Returned SJ-2832
06/05/85 House Concurred in Senate amendment and enrolled HJ-3959
06/18/85 Ratified R 289
06/24/85 Signed By Governor
06/24/85 Effective date 06/24/85
06/24/85 Act No. 191
07/10/85 Copies available
(A191, R289, H2516)
AN ACT TO AMEND TITLE 40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
PROFESSIONS AND OCCUPATIONS, BY ADDING CHAPTER 75, SO AS TO ENACT THE
"PROFESSIONAL COUNSELOR, ASSOCIATE COUNSELOR, AND MARITAL AND FAMILY
THERAPIST LICENSING ACT", INCLUDING, AMONG OTHER THINGS, THE CREATION OF THE
BOARD OF EXAMINERS FOR THE LICENSURE OF PROFESSIONAL COUNSELORS, ASSOCIATE
COUNSELORS, AND MARITAL AND FAMILY THERAPISTS, THE ADOPTION AND PROMULGATION OF
A CODE OF ETHICS TO GOVERN THE CONDUCT OF PERSONS LICENSED UNDER THIS CHAPTER,
THE DETERMINATION OF VARIOUS FEES, THE CREATION OF A MISDEMEANOR OFFENSE AND THE
ESTABLISHMENT OF PENALTIES, THE REVOCATION OR SUSPENSION OF A LICENSE AND THE
REPRIMANDING, RESTRICTING, OR OTHER DISCIPLINING OF A LICENSEE, AND THE EXEMPTION
OF CERTAIN CLASSIFICATIONS OF PERSONS FROM THE PROVISIONS OF THIS CHAPTER.
Be it enacted by the General Assembly of the State of South Carolina:
Professional Counselor, Associate Counselor, and Marital and
Family Therapist Licensing Act
SECTION 1. Title 40 of the 1976 Code is amended by adding:
"Chapter 75
Professional Counselors, Associate Counselors,
And Marital And Family Therapists
Section 40-75-10. This chapter is known and may be cited as the 'Professional
Counselor, Associate Counselor, and Marital and Family Therapist Licensing Act'.
Section 40-75-20. There is created the Board of Examiners for the Licensure of
Professional Counselors, Associate Counselors, and Marital and Family Therapists
(hereafter called the 'board'), composed of eight members. The Governor shall
appoint the members as follows:
(1) There must be six professional members, one from each of the congressional
districts in the State, three of whom are licensed professional counselors and
three of whom are licensed marital and family therapists.
(2) There must be two members at large from the general public who are not
associated with, or financially interested in, the practice of either
professional counseling, associate counseling, or marital and family therapy.
The membership must be representative of racial and ethnic minorities and of
women. The six professional members must have been actively engaged in the
practice of their respective professions or in the education and training of
professional counselors, associate counselors, or marital and family therapists
for at least five years prior to appointment. The initial professional members
must, respectively, be eligible for licensure at the time of their appointment
and qualification as members. All subsequent professional members must be
licensed prior to appointment. Terms of the members are for four years and until
their successors are appointed and qualify. Incumbent members may not hold dual
licensure both as a licensed professional counselor and a licensed marital and
family therapist. Members are eligible for reappointment but may not serve more
than two consecutive terms, except as otherwise specifically provided in this
section. Initial members from the first, third, and fifth congressional
districts and one of the initial at-large members, as designated by the Governor,
shall serve for terms of two years, and these four initial members may serve for
up to ten consecutive years on the board. The members must qualify by taking an
oath of office before a notary public or other official authorized to administer
oaths in the State. Vacancies must be filled in the same manner as original
appointment for the unexpired portion of the term. Each member shall receive for
his services per diem, subsistence, and mileage as allowed by law for members of
state boards, commissions, and committees for each day actually engaged in the
duties of his office, including a reasonable number of days, as determined by
board regulation, for preparation and reviewing of applications and examinations
in addition to time actually spent in conducting examinations.
Section 40-75-30. The board shall:
(1) At the first board meeting in each calendar year elect from the
professional membership a president, a vice president, and any other officer it
considers necessary. Regular meetings must be held upon the call of the
president or any two members of the board. A majority of the members of the
board constitutes a quorum.
(2) Establish a standards committee composed of the three professional members
who are licensed professional counselors and one of the at-large members from the
general public and a standards committee composed of the three professional
members who are licensed marital and family therapists and the other at-large
member from the general public.
(3) Promulgate regulations to carry out the provisions of this chapter.
(4) Approve the preparation or selection, administration, and the grading of
all examinations to applicants for licensure.
(5) Adopt and promulgate in its regulations a code of ethics to govern the
conduct of persons licensed under this chapter.
(6) Adopt a seal, the impression of which must be stamped upon all official
documents issued by the board.
(7) Keep a full record of all of its proceedings and maintain a complete
registry of all license holders or licensees.
(8) License as professional counselors, associate counselors, and marital and
family therapists persons who satisfy the respective requirements for licensure.
(9) Assure that no member of the board supervises for a fee any applicant
after the applicant has applied for licensure or votes on any applicant the
member previously supervised.
The area of concern of the standards committee composed of the three
professional members who are licensed professional counselors and one of the
at-large members from the general public is professional counselors and associate
counselors. The area of concern of the other standards committee is marital and
family therapists.
Section 40-75-40. No member of the board and no special examiner, agent, or
employee of the board 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, inquiry, or proceeding under this chapter, the board or any person
designated by it may administer oaths and affirmations, subpoena witnesses, take
evidence, and require the production of any document or record which the board
considers relevant to the investigation, inquiry, or proceeding. In the case of
contumacy by, or refusal to obey a subpoena issued to any person, the court of
common pleas, upon application of the board, may issue an order requiring the
person to appear before the board or the person designated by it and to produce
documentary evidence and to give other evidence concerning the matter under
investigation or inquiry.
Whenever the board has reason to believe that any person is violating or
intends to violate any provision of the chapter it may order, in addition to all
other remedies allowed by law, the person to desist immediately and refrain from
the conduct. The board may apply to the court of common pleas for an injunction
restraining the person from the conduct. The court may issue ex parte a
temporary injunction not to exceed ten days in duration and, upon notice and full
hearing, may issue any other order in the matter it considers proper. No bond
may be required of the board by the court as a condition to the issuance of any
injunction or order contemplated by the provisions of this section.
Section 40-75-50. A. Each standards committee shall carry out the following
functions as they relate to each committee's respective area of concern:
(1) Determine whether applicants meet the qualifications for licensure
required by law.
(2) Prepare or select, administer, and grade examinations.
(3) Recommend to the board the issuance of a license to any qualified
applicant who passes the examination designed to demonstrate professional
competence.
(4) Provide for other necessary matters relating to licensure.
B. The board by majority vote shall approve all recommendations and decisions
of a standards committee prior to their implementation and no decision of the
board which may affect the licensure of professional counselors, associate
counselors, or marital and family therapists may become effective without the
approval of a majority of the membership of the respective standards committee.
Section 40-75-60. All revenues and income from licenses, examination fees, other
fees, and the 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 credited to the general fund
of the State. All assessments, fees, or licenses must be levied in an amount
sufficient to equal at least the amount appropriated in the annual general
appropriation 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 40-75-70. It is unlawful for any person who is not licensed in the
manner prescribed in this chapter to represent himself as a licensed professional
counselor, licensed associate counselor, or licensed marital and family therapist
or to hold himself out to the public as being licensed under this chapter by
means of using a title on signs, mailboxes, address plates, stationery,
announcements, telephone listings, calling cards, or other instruments of
professional identification. Any person violating this section is guilty of a
misdemeanor and, upon conviction, must be punished by a fine not to exceed one
hundred dollars or by imprisonment not to exceed thirty days or by both.
Section 40-75-80. For the purposes of this chapter, the practice of counseling
means rendering or offering to render to children, adolescents, and adults,
either individually, in groups, or in organizations, for compensation, monetary
or otherwise, counseling or psychotherapeutic services, which include the
assessment of background and current information in order to identify problems
and conflicts, the development of a counseling treatment program, and application
of principles, methods, or the procedures of the counseling profession in order
to assist children, adolescents, and adults, either individually, in groups, or
in organizations, in achieving more effective personal, social, educational, and
vocational development and adjustment. The procedures of counseling include, but
are not limited to, the following:
(A) 'counseling', which means assisting children, adolescents, and adults,
either individually, in groups, or in organizations, through the counseling and
psychotherapeutic relationship to develop an understanding of and to explore
possible solutions to interpersonal and personal problems and conflicts, to
define goals, to make decisions, and to plan a course of action reflecting an
individual's or a group's interests, abilities, and mental and emotional needs
which include, but are not limited to, personal-social concerns,
psychotherapeutic progress, sexual adjustment, developmental difficulties,
educational achievement, and occupational and career development.
(B) 'appraisal', which means selecting, administering, scoring, and
interpreting instruments designed to assess an individual's aptitudes, abilities,
achievements, interests, and personal characteristics, and the use of
nonstandardized methods and techniques for understanding human behavior in
relationship to coping with, adapting to, or changing life situations.
(C) 'consulting', which means conferring with other professional colleagues,
groups, or organizations for the purpose of assisting them in their work with
persons who are experiencing personal problems.
(D) 'referral', which means the evaluation of data to identify problems and to
determine the advisability of referral to other specialists.
Section 40-75-90. For the purposes of this chapter, the 'practice of marital and
family therapy' means rendering or offering to render to individuals, marital
pairs or similar couples, family groups, either singly or in groups, or the
general public marital and family therapy services for compensation, monetary or
otherwise. 'Marital and family therapy' means a specialized field of
psychotherapy which recognizes the importance of marital and family relationships
in understanding and treating emotional and mental problems. It centers
primarily upon the family system, marital and similar relationships, parent-child
relationships, sibling relationships, and other family relationships. It
involves the disciplined application of specific principles, methods, and
techniques associated with marital and family relationships for the purpose of
resolving emotional and mental problems, resolving interpersonal conflict,
improving personal functioning, and improving interpersonal relationships. It
includes, but is not limited to, premarital, marital, couple, sexual, divorce,
and family psychotherapy.
Section 40-75-100. All applicants for licensure shall meet all of the following
qualifications:
(1) reside or intend to practice in the State.
(2) pay an application fee.
(3) complete any forms prescribed by the board.
In addition to items (1) through (3) of this section, applicants shall meet the
following qualifications for the respective license for:
(A) 'Licensed Professional Counselor':
(i) have earned a doctoral degree which is primarily professional counseling
in content and includes clinical experience or the substantial equivalent, and,
following the receipt of the degree, have had two years of full-time work
experience in a counseling setting that meets the requirements established by the
board; or
(ii) have earned a master's degree which is primarily professional
counseling in content or the substantial equivalent, and, following the receipt
of the degree, have had two years of full-time work experience in a counseling,
educational, or community agency setting that meets the requirements established
by the board. The work experience shall include one thousand five hundred hours
of direct clinical contact with either children, adolescents, or adults; one
hundred fifty of these hours shall include individual supervision, fifty hours
of which may be group supervision, in the practice of counseling.
(B) 'Licensed Associate Counselor': have earned a master's degree which is
primarily counseling in content and includes clinical experience and have filed
a board approved plan for practice under the supervision of the board.
(C) 'Licensed Marital and Family Therapist': have earned a master's degree
which is primarily marital and family therapy in content, or have taken an
equivalent course of study and degree which includes marital and family therapy
as determined by the board by regulation, and includes clinical experience or the
substantial equivalent. Following the receipt of a qualifying degree, these
applicants must also have had two years of full-time work experience which
includes one thousand hours of direct clinical contact with couples and families
and two hundred hours of supervision of which one hundred hours must have been
supervision in the practice of marital and family therapy. The clinical contact
and supervised experience must have been obtained working in a marital and family
therapy setting that meets the requirements established by the board by
regulation.
All degrees submitted as evidence of educational achievement must have been
earned at regionally accredited institutions of higher learning. The board in
its regulations shall establish criteria for determining acceptable supervised
experience and the qualifications of the supervisor.
The board shall notify each applicant not less than thirty days prior to the
examination that the application and evidence submitted is satisfactory and
accepted or unsatisfactory and rejected. If rejected, the notice shall state the
reason or reasons for rejection.
Section 40-75-110. The board shall issue a license to any qualified applicant
who:
(1) pays an examination fee and passes a board-conducted examination
designed to demonstrate professional competence in professional counseling,
associate counseling, or marital and family therapy, and
(2) pays a licensing fee.
Section 40-75-120. The board shall conduct at least one examination in
professional counseling, associate counseling, and marital and family therapy
each year for qualified applicants. The written examination must be standardized
by norm groups that are representative of South Carolina with respect to race,
age, sex, and ethnic groups.
Following the examination the board shall notify applicants as to the results.
In the event an applicant fails to receive a passing grade on the examination,
he must be furnished, upon request, information regarding deficient areas. He
may reapply and must be allowed to take a subsequent examination.
Section 40-75-130. Licenses issued under this chapter must be renewed every two
years upon the payment of a renewal fee and upon the fulfillment of continuing
education as determined by the board by regulation.
Any licensee who allows his license to lapse by failing to renew the license
as provided in this section may be reinstated by the board upon satisfactory
explanation by the licensee of his failure to renew his license and upon payment
of a reinstatement fee and the current renewal fee. If a license has lapsed for
more than one year, the board may impose further educational requirements for
reinstatement.
Section 40-75-140. Any person is regarded as a 'licensed professional counselor'
or a 'licensed associate counselor' or a 'licensed marital and family therapist'
within the meaning of this chapter who meets the qualifications and requirements
prescribed in this chapter and who is registered and licensed by the board. A
license holder or licensee may use the title appearing on his license and the
corresponding letters 'LPC' for licensed professional counselor, 'LAC' for
licensed associate counselor, or 'LMFT' for licensed marital and family therapist
following his name, as the case may be. Every license holder shall display his
license in a prominent place in his place of practice.
Section 40-75-150. Upon application accompanied by a fee and without examination
the board may issue a license to any person who has furnished satisfactory
evidence that he is licensed either as a professional counselor, associate
counselor, or marital and family therapist by another state, a territorial
possession of the United States, the District of Columbia, or the Commonwealth
of Puerto Rico, if the requirements for licensure in those places are
substantially equivalent to the requirements of this chapter in the opinion of
the board.
Section 40-75-160. The board may receive complaints by any person against a
licensee and may require the complaints to be submitted in writing specifying the
exact charge or charges and to be signed by the complainant. Upon receipt of a
complaint, the secretary, or other person as the president may designate, shall
investigate the allegations in the complaint and make a report to the board
concerning his investigation. In instances where a board member makes the
initial investigation or complaint, he may not sit with the board at the hearing
of the complaint. If the board desires to proceed further it may file, in its
discretion, a formal accusation charging the licensee with a violation of this
chapter. The accusation must be signed by the president or vice president on
behalf of the board. When the accusation is filed and the board has set a date
and a place for a hearing on the accusation, the secretary, or other person as
the president may designate, shall notify the accused in writing not less than
thirty days prior to the hearing and a copy of the accusation must be attached
to the notice. The notice must be served personally or sent to the accused by
registered mail, return receipt requested, directed to his last mailing address
furnished to the board. The post office registration receipt signed by the
accused, his agent, or a responsible member of his 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.
The accused may appear and show cause why his license should not be suspended
or revoked or why other disciplinary action should not be taken. The accused has
the right to be confronted with and to cross-examine the witnesses against him
and has the right to counsel. For the purposes 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. All investigations, inquiries, and
proceedings undertaken under this chapter must be confidential.
Every communication, whether oral or written, made by or on behalf of any
complainant to the board or its agents or any member of the board, pursuant to
this chapter, whether by way of complaint or testimony, is privileged and no
action or proceeding, civil or criminal, may lie against any person by whom or
on whose behalf the communication is made, except upon proof that the
communication was made with malice.
Nothing contained in this chapter prohibits the accused from regular access to
the charges and evidence filed against him as a part of due process under the
law.
Section 40-75-170. The board may revoke or suspend a license or may reprimand
or restrict any licensee, or otherwise discipline him, when it is established
that the licensee is guilty of any act of misconduct as defined herein.
Misconduct is a satisfactory showing to the board that a licensee has:
(a) Uttered any false, fraudulent, or forged statement or document or
committed or practiced any fraudulent, deceitful, or dishonest act in connection
with any of the license requirements.
(b) Been convicted of a felony or any other crime involving moral turpitude.
Forfeiture of a bond or a plea of nolo contendere is the equivalent of a
conviction.
(c) Practiced while under the influence either of alcohol or drugs to such a
degree as to affect adversely his ability to practice.
(d) Used alcohol or drugs to such a degree as to affect adversely his ability
to practice.
(e) Knowingly performed any act which substantially assists a person to
practice counseling or marital and family therapy illegally.
(f) Caused to be published or circulated directly or indirectly any
fraudulent, false, or misleading statements as to the skills or methods of
practice of any license holder when malice is shown.
(g) Failed to provide and maintain reasonable sanitary facilities.
(h) Sustained any physical or mental impairment or disability which renders
practice by him dangerous to the public.
(i) Violated the code of ethics as adopted by the board and published in its
regulations.
(j) Obtained fees or assisted in obtaining fees under deceptive, false, or
fraudulent circumstances.
(k) Used any intentionally false or fraudulent statement in any document
connected with the practice of either professional counseling, associate
counseling, or marital and family therapy.
(l) Been found by the board to lack the professional competence to practice.
(m) Violated any provision of this chapter.
(n) Used a solicitor or other person to obtain patronage.
(o) Practiced during the time his license has lapsed.
In addition to all other remedies and actions incorporated in this chapter, the
license of a licensee adjudged mentally incompetent by any court of competent
jurisdiction must be automatically suspended by the board until the licensee is
adjudged competent by a court of competent jurisdiction.
Section 40-75-180. If the board is satisfied that the licensee is guilty of any
offense charged in the formal accusation provided for in this chapter, it shall
revoke or suspend the license or reprimand or restrict the licensee or otherwise
discipline him by taking reasonable action short of revocation or suspension such
as requiring the licensee to undertake additional professional training subject
to the direction and supervision of the board. The board also may impose other
restraints upon the licensee as circumstances warrant until the licensee
demonstrates to the board adequate professional competence. In all cases where
disciplinary action is taken by the board, written notice of the action must be
mailed by the board to the licensee at his last known address as provided to the
board.
Any final order of the board finding that a licensee is guilty of any offense
charged in a formal accusation becomes public knowledge except for a final order
dismissing the accusation or determining that a private reprimand is in order.
All final orders which are made public must be mailed to local and state
professional associations, all firms or facilities with which the licensee is
associated, states where the licensee has a license known to the board, and to
any other source to which the board wishes to furnish this information.
Any decision by the board to revoke or suspend a license or to reprimand or
restrict a licensee or otherwise to discipline him must be by majority vote and
is subject to review by the court of common pleas upon a petition filed by the
licensee with the court and a copy served upon the secretary of the board, or,
if there is no secretary, upon the president, within thirty days from the date
of delivery of the board's decision to the licensee. The review must be in
accordance with the provisions of Act 176 of 1977 (Administrative Procedures
Act).
Section 40-75-190. Individuals in the following classifications who are
performing services of a nature consistent with their training and which services
are similar to those described in this chapter are exempt from the provisions of
this chapter so long as they do not represent themselves by a title or
description in the manner prescribed in Section 40-75-140:
(1) Persons employed in any federal, state, county, or local government, any
public or private educational institution, or any community agency.
(2) Students, interns, or trainees pursuing a course of study in a recognized
institution of higher learning or training institution, if the activities and
services constitute a part of a supervised course of study.
(3) A nonresident person who renders services for no more than thirty days
during any year, so long as the person is duly authorized to perform the
activities and services under the laws of the state or county of his residence.
(4) Members of a recognized profession or business, including, but not limited
to, the practice of medicine, law, psychology, nursing, or social work.
(5) Any rabbi, clergyman, or person of similar status who is a member in good
standing of, and accountable to, a recognized denomination or religious
organization and who is exercising ministerial responsibilities in the religious
body, parish, church ministry, or institutional ministry with which he is
associated.
(6) Allied health care professionals who have been employed as third party
providers.
(7) Volunteers who are accountable to their sponsoring organization.
(8) Employees of licensed hospitals in the State performing services similar
to those described in this chapter so long as the services are performed within
the course of and scope of their employment as an employee of the hospital. No
regular employee of a licensed hospital in this State may be required under this
chapter to be licensed as a condition of employment by such hospital or as a
condition for the performance of services similar to those described in this
chapter while employed in such hospital.
Nothing in this chapter may be construed to permit a person licensed under this
chapter to practice medicine or to represent himself to the public as a
psychologist unless he has been duly authorized to do so by other provisions of
law. Lecturers from any school, college, agency, or training institution may
utilize an academic, research, or job title when invited to present lectures to
institutions or organizations.
Section 40-75-200. Every licensee shall make available to each client a copy of
a statement of professional disclosure. The statement of professional disclosure
shall include the licensee's address and telephone number, fee schedule,
educational training, and the address and telephone number of the board.
Section 40-75-210. During the first year following the effective date of this
act, the board shall issue without examination the license of 'licensed
professional counselor' or 'licensed marital and family therapist' to any person
who meets all of the following qualifications:
(1) resides or intends to practice in this State.
(2) pays an application and licensing fee.
(3) completes any forms prescribed by the board.
In addition, the person shall meet one of the following qualifications for
'licensed professional counselor' and the following qualification for 'licensed
marital and family therapist':
(A) 'Licensed professional counselor':
(i) must have earned a valid certificate of certification from a professional
counselor certification body such as the National Board of Certified Counselors,
the Commission on Rehabilitation Counselor Certification, the National Academy
of Certified Clinical Mental Health Counselors, or the American Academy of
Psychotherapists and must have had two years of full-time work experience in
counseling; or
(ii) shall document no less than twelve years of full-time supervised work
experience in a private counseling practice and produce no less than three
letters of recommendation from licensed psychiatrists, clinical psychologists,
or counseling psychologists certifying to the person's qualifications to be so
licensed.
(B) 'Licensed marital and family therapist' shall hold membership in the
American Association of Marriage and Family Therapy and must have had two years
of full-time work experience in marital and family therapy.
Section 40-75-220. Unless otherwise specifically indicated, wherever the words
'this chapter' or 'provisions of this chapter' appear in any provision of Chapter
75 of Title 40, they must be construed to include regulations promulgated by the
board.
Section 40-75-230. All fees prescribed or referred to in this chapter must be
determined by the board by regulation."
Time effective
SECTION 2. This act shall take effect upon approval by the Governor. |