H*2840(Rat #0433, Act #0377 of 1980)  General Bill, By J.H. Toal and 
W.G. DesChamps

Similar(S 364)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 40-13-215, so as to redefine the authority of the State Board of Cosmetic Art
 Examiners to promulgate regulations and to amend Sections 40-13-210 and
 40-13-410, relating to rules and regulations for management of cosmetic shops
 and schools and penalties for violations, so as to delete references to
 sanitary management regulations therefrom and to increase the penalties.-at

   04/12/79  House  Introduced and read first time HJ-1375
   04/12/79  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-1375
   01/08/80  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-23
   01/09/80  House  Debate adjourned until WEDNESDAY, JANUARY 24,
                     1980 HJ-69
   01/23/80  House  Amended HJ-390
   01/23/80  House  Read second time HJ-391
   01/29/80  House  Read third time and sent to Senate HJ-459
   01/29/80  Senate Introduced and read first time SJ-14
   01/29/80  Senate Referred to Committee on General SJ-14
   03/27/80  Senate Committee report: Favorable General SJ-4
   04/10/80  Senate Read second time SJ-18
   04/10/80  Senate Ordered to third reading with notice of
                     amendments SJ-18
   04/15/80  Senate Read third time and enrolled SJ-9
   04/17/80  House  Ratified R 433 HJ-2193
   04/23/80         Signed By Governor
   04/23/80         Effective date 04/23/80
   04/23/80         Act No. 377
   04/30/80         Copies available

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-13-215, SO AS TO REDEFINE THE AUTHORITY OF THE STATE BOARD OF COSMETIC ART EXAMINERS TO PROMULGATE REGULATIONS; AND TO AMEND SECTIONS 40-13-210 AND 40-18-410, RELATING TO RULES AND REGULATIONS FOR MANAGEMENT OF COSMETIC SHOPS AND SCHOOLS AND PENALTIES FOR VIOLATIONS, SO AS TO DELETE REFERENCES TO SANITARY MANAGEMENT REGULATIONS AND TO INCREASE SUCH PENALTIES.

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

Board may promulgate regulations

Section 1. The 1976 Code is amended by adding Section 40-

13-215 which shall read:

"Section 40-13-215. The board is authorized to promulgate regulations to implement the provisions of this chapter; provided, however, that regulations relating to the sanitary management of cosmetic art shops, beauty parlors, hair dressing establishments and cosmetic art schools and colleges shall not be promulgated by the board until approved by the Department of Health and Environmental Control."

Requirements for shops and schools

Section 2. Section 40-13-210 of the 1976 Code is amended to read:

"Section 40-13-210. No school shall be affiliated with or located at the same address as a shop operated for profit. All shops and schools must have running hot and cold water and drainage in rooms used for shops or schools. It shall be unlawful for the owner or manager of any shop or school to permit a person to sleep in, or use for residential purposes, any room used wholly or partly as a shop or school.

The members of the board, or their duly authorized agents, may enter and inspect any shop or school at any time during business hours."

Unlawful acts-penalties

Section 3. Section 40-13-410 of the 1976 Code is amended by striking the first four lines and inserting:

"Each of the following constitutes a misdemeanor, punishable upon conviction by a fine of not more than two hundred dollars or imprisonment for not more than thirty days for a first offense and for a second or subsequent offense by a fine of not more than five hundred dollars or imprisonment for not more than six months:" and by adding at the end of item (7): "In addition, the license of any person violating the provisions of this item shall be permanently revoked." The section when amended shall read:

"Section 40-13-410. Each of the following constitutes a misdemeanor, punishable upon conviction by a fine of not more than two hundred dollars or imprisonment for not more than thirty days for a first offense and for a second or subsequent offense by a fine of not more than five hundred dollars or imprisonment for not more than six months:

(1) The violation of, or the failure to comply with, any of the provisions of Sections 40-13-210, 40-13-260, 40-13-300, 40-13-330 or 40-13-340;

(2) Permitting any person in one's employ or under one's supervision or control to practice as a cosmetologist unless that person has a certificate as a registered cosmetologist;

(3) Obtaining or attempting to obtain a certificate of registration for money other than the required fee, or any other thing of value, or by fraudulent misrepresentations;

(4) Practicing or attempting to practice any of the cosmetic arts by fraudulent misrepresentation;

(5) The wilful failure to display a shop license as required by Section 40-13-250, a school license as required by Section 40-13-290, or a certificate of registration as required by Section 40-13-200;

(6) Practicing or attempting to practice any of the cosmetic arts in any place other than a licensed beauty shop, except in case of an emergency, such as illness, invalidism or death, when a licensed operator may perform services for a person in another place by appointment only; and

(7) The wilful and continued violation of the reasonable regulations adopted by the Board, and approved by the Department of Health and Environmental Control, for the sanitary management and operation of shops and schools. In addition, the license of any person violating the provisions of this item shall be permanently revoked."

Time effective

Section 4. This act shall take effect upon approval by the Governor.