H*3543(Rat #0249, Act #0223 of 2008)  General Bill, By Funderburk and Mulvaney
 AN ACT TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED
 BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE
 THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED
 LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY-FIVE DAYS, AND TO REQUIRE THAT
 AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING
 EDUCATION REQUIREMENTS. - ratified title

   02/15/07  House  Introduced and read first time HJ-3
   02/15/07  House  Referred to Committee on Agriculture, Natural
                     Resources and Environmental Affairs HJ-4
   03/06/07  House  Member(s) request name added as sponsor: Mulvaney
   03/22/07  House  Committee report: Favorable Agriculture, Natural
                     Resources and Environmental Affairs HJ-2
   03/28/07  House  Read second time HJ-9
   03/29/07  House  Read third time and sent to Senate HJ-28
   04/03/07  Senate Introduced and read first time SJ-15
   04/03/07  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-15
   04/23/08  Senate Committee report: Favorable Labor, Commerce and
                     Industry SJ-25
   04/24/08  Senate Read second time SJ-28
   04/29/08  Senate Read third time and enrolled SJ-49
   05/08/08         Ratified R 249
   05/14/08         Vetoed by Governor
   05/21/08  House  Veto overridden by originating body Yeas-106 
                     Nays-5 HJ-77
   05/22/08  Senate Veto overridden Yeas-45  Nays-0
   06/02/08         Copies available
   06/02/08         Effective date 05/22/08
   06/04/08         Act No. 223

(A223, R249, H3543)

AN ACT TO AMEND SECTION 40-23-230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE, RENEWAL, AND REINSTATEMENT OF A LICENSE ISSUED BY THE ENVIRONMENTAL CERTIFICATION BOARD, AMONG OTHER THINGS, SO AS TO CHANGE THE PERIOD IN WHICH A LICENSEE MAY FILE AN APPLICATION TO REINSTATE A LAPSED LICENSE FROM NINETY DAYS TO THREE HUNDRED SIXTY-FIVE DAYS, AND TO REQUIRE THAT AN APPLICANT SEEKING REINSTATEMENT OF A LAPSED LICENSE MEET CERTAIN CONTINUING EDUCATION REQUIREMENTS.

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

Environmental Certification Board, licensure

SECTION    1.    Section 40-23-230 of the 1976 Code, as amended by Act 185 of 2002, is further amended to read:

"Section 40-23-230.    (A)    The board may issue a license to an applicant if he satisfies all licensure requirements of this chapter. A license confers a personal right and is not transferable, and the issuance of a license is evidence that the person is entitled to all rights and privileges of a licensee while the license remains current and unrestricted. A license is the property of the State and upon suspension or revocation must be returned to the board immediately.

(B)    A license issued under this chapter is renewable:

(1)    as provided for in Section 40-1-30;

(2)    upon the payment of a renewal fee; and

(3)    upon the fulfillment of continuing education as determined by the board in regulation.

(C)    The department may reinstate the license of a licensee who allows his license to lapse by failing to renew the license as provided in this section if the licensee:

(1)    makes payment of a reinstatement fee and the current renewal fee;

(2)    files an application for renewal within three hundred sixty-five days of the date on which the license expired; and

(3)    demonstrates he complies with the current continuing education requirements of the prior licensing period or that he complies with the current continuing education requirements after the department renews his license, provided he does not engage in licensed activity until he has completed the continuing education requirement.

(D)    A licensee shall ensure that the board administrator has the licensee's correct official mailing address of record and that the administrator is expressly and specifically notified in writing and in a timely manner of any change in the licensee's official mailing address.

(E)    As of the effective date of this chapter, a person who possesses a current well driller license from the board is eligible to receive a:

(1)    Class A well driller license if the licensee:

(a)    files an application with the board for grandfather status within ninety days of the effective date of this section;

(b)    provides proof that the applicant is in compliance with the bonding requirements of this chapter; and

(c)    has conducted or supervised well drilling in the State for five or more years;

(2)    Class B well driller license in one or more of the well drilling categories if the licensee:

(a)    files an application with the board for grandfather status within ninety days of the effective date of this section;

(b)    provides proof that the applicant is in compliance with the bonding requirements of this chapter;

(c)    provides proof that he has for at least three years constructed or supervised at least twenty wells in each category for which licensure status is sought; or

(d)    provides, in the case of persons who do not meet the minimum requirements for a Class B well driller, proof of construction or supervision of at least twenty-five wells in the category for which licensure status is sought and experience, training, and education suitable for practicing in the requested well drilling category."

Time effective

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

Ratified the 8th day of May, 2008.

Vetoed by the Governor -- 5/15/08.

Veto overridden by House -- 5/21/08.

Veto overridden by Senate -- 5/22/08.