South Carolina General Assembly
116th Session, 2005-2006

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S. 633

STATUS INFORMATION

General Bill
Sponsors: Senator Campsen
Document Path: l:\council\bills\nbd\11580ac05.doc

Introduced in the Senate on March 16, 2005
Currently residing in the Senate Committee on Labor, Commerce and Industry

Summary: Geologists Deregulation Act

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   3/16/2005  Senate  Introduced and read first time SJ-5
   3/16/2005  Senate  Referred to Committee on Labor, Commerce and Industry 
                        SJ-5

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

3/16/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 90 TO TITLE 40 SO AS TO ENACT THE "GEOLOGISTS DEREGULATION ACT", WHICH INCLUDES PROVISIONS TO REQUIRE A PERSON WHO ENGAGES IN THE PUBLIC PRACTICE OF GEOLOGY TO BE CERTIFIED BY THE DEPARTMENT OF LABOR, LICENSING AND REGULATION, TO PROVIDE CERTIFICATION REQUIREMENTS AND TO PROVIDE CRIMINAL PENALTIES FOR VIOLATIONS, AND TO CREATE A CIVIL CAUSE OF ACTION FOR USING FALSE, DECEPTIVE, OR MISLEADING STATEMENTS OR UNFAIR OR DECEPTIVE METHODS IN THE PRACTICE OF PUBLIC GEOLOGY; AND TO REPEAL CHAPTER 77, TITLE 40, RELATING TO THE REGISTRATION AND REGULATION OF GEOLOGISTS AND THE CREATION, POWERS, AND DUTIES OF THE STATE BOARD OF REGISTRATION FOR GEOLOGISTS.

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

SECTION    1.    This act may be cited as the "Geologists Deregulation Act".

SECTION    2.    Title 40 of the 1976 Code is amended by adding:

"CHAPTER 90

Geologists

Section 40-90-10.    The General Assembly recognizes that the practice of public geology is potentially harmful to the public in that the public does not have an adequate method to verify the qualifications of those persons who hold themselves out as qualified to practice.

Section 40-90-20.    (A)    As used in this chapter:

(1)    'Department' means the Department of Labor, Licensing and Regulation.

(2)    'Geologist' means a person certified by the Department of Labor, Licensing and Regulation to hold him or herself out as a person qualified to engage in the public practice of geology and whose certification has not lapsed or been revoked.

(3)    'Public practice of geology' means the performance of geological service or work in the nature of consultation, investigation, surveys, evaluations, planning, mapping, and inspection of geologic work required for or supporting compliance with municipal, county, state, or federal regulations.

Section 40-90-30.    A person may not wilfully practice or offer to engage in the public practice of geology or use in any advertisement or on a business card or letterhead, or make any other verbal or written communication, that the person is a geologist qualified to engage in the public practice of geology or acquiesce in such a representation, unless that person is certified as a geologist by the department.

Section 40-90-40.    To be certified by the department to engage in the public practice of geology, a person shall:

(1)    apply in writing;

(2)    document membership in good standing in the American Institute of Professional Geologist or the American Association of Petroleum Geologists; and

(3)    pay the certification, as established by the department in regulation.

Section 40-90-50.    (A)    To renew certification to engage in the public practice of geology a person shall:

(1)    apply in writing;

(2)    document membership in good standing in the American Institute of Professional Geologists or the American Association of Petroleum Geologists; and

(3)    pay a renewal fee, as established by the department in regulation.

(B)    A certification by the department to engage in the public practice of geology automatically lapses if the person fails to make a timely and complete application for renewal.

Section 40-90-60.    (A)    If the department has reason to believe that a person certified under this chapter has become unfit to practice or if a complaint is filed with the department charging the certified person with the violation of a provision of this chapter or if a complaint is filed with the department alleging that an uncertified person is fraudulently holding him or herself out as certified, the department shall institute an investigation in accordance with the procedures of Chapter 1, Title 40.

(B)    If after investigation it appears that the person certified under this chapter has become unfit to practice or has violated this chapter, the department shall file a petition with the Administrative Law Court, stating the facts and the particular statutes and regulations at issue.

(C)    If after investigation it appears that an uncertified person is fraudulently holding him or herself out as certified, the department shall issue an order to that person to cease and desist this practice and may seek injunctive relief in accordance with the procedures of Chapter 1, Title 40.

Section 40-90-70.    (A)    The Administrative Law Court may, after an opportunity for a hearing, order that the certification be revoked, suspended, or otherwise disciplined.

(B)    The Administrative Law Court may, after an opportunity for a hearing, order injunctive relief against a person who, without possessing a valid certificate under this chapter, uses the title or term geologist. For each violation the administrative law judge may impose a fine of no more than ten thousand dollars.

Section 40-90-80.    A person who, without possessing a valid certificate under this chapter, uses the title or term geologist and engages in the public practice of geology is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars or more than five thousand dollars or imprisoned for not less than thirty days or more than six months, or both. Each violation constitutes a separate offense, and each day's violation constitutes a separate offense.

Section 40-90-90.    (A)    A person who relies upon a false, misleading, or deceptive statement in a document related to the practice of public geology may recover in a civil action an amount equal to three times the full amount of ascertainable loss of money or property for this reliance, plus costs and reasonable attorney's fees as the court may allow. A civil action under this section for the recovery of lost money or property must be commenced within three years after payment or loss.

(B)    A person who pays fees based upon the use or employment of an unfair or deceptive method, act or practice of public geology may recover in a civil action an amount equal to three times the full amount of the fees paid, plus costs and reasonable attorney's fees as the court may allow. A civil action under this section for the recovery of fees paid must be commenced within three years after payment is made."

SECTION    3.    Chapter 77, Title 40 of the 1976 Code is repealed.

SECTION    4.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    5.    This act takes effect upon approval by the Governor.

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