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COMMITTEE REPORT
February 15, 2006
H. 3833
S. Printed 2/15/06--H.
Read the first time March 31, 2005.
To whom was referred a Bill (H. 3833) to amend Section 13-7-10 and Sections 13-7-40 and 13-7-45, as amended, Code of Laws of South Carolina, 1976, relating to regulation of ionizing, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JOE E. BROWN for Committee.
EXPLANATION OF IMPACT:
Enactment would have no impact on agency expenditures. Elimination of the regulation of tanning bed facilities would also eliminate license fees collected by the department and deposited in the state general fund. The revenue collected in FY 2003-04 amounted to $190,000.
SPECIAL NOTES:
The Board of Economic Advisors is the appropriate entity to address any revenue impact associated with this bill.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 13-7-10 AND SECTIONS 13-7-40 AND 13-7-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGULATION OF IONIZING AND NONIONIZING RADIATION AND THE LICENSURE AND REGULATION OF USERS OF SUCH RADIATION, SO AS TO DELETE REFERENCES TO NONIONIZING RADIATION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 13-7-10(9) of the 1976 Code, as added by Act 552 of 1990, is amended to read:
"(9) 'Nonionizing radiation' for the purpose of this section shall mean only ultraviolet radiation used for the purpose of tanning the human body, and shall include ultraviolet radiation with wavelengths in air between two hundred and four hundred nanometers. RESERVED"
SECTION 2. Section 13-7-40(C), (F)(3) and (10), (G), (M), (N), and (P) of the 1976 Code, as last amended by Act 552 of 1990, are further amended to read:
"(C) There is established a Technical Advisory Radiation Control Council responsible and reporting to the department which shall advise the department on matters pertaining to ionizing and nonionizing radiation and standards and regulations to be adopted, modified, promulgated, or repealed by the department. No standards or regulations may be adopted, modified, promulgated, or repealed by the department except after consultation with the council. The council consists of six members and one ex officio member from the department, designated by the department or its designated agent. The six members of the council must be appointed by the Governor as follows: one member from the South Carolina Medical Association, one member from the South Carolina Dental Association, one member from the South Carolina Radiological Society, one member from the South Carolina Chiropractic Association, one member having recognized knowledge in the field of radiation and its biological effects from the Associated Industries of South Carolina, and one member from the State at large having recognized knowledge in the field of radiation and its biological effects. The terms of office of the members first appointed are as follows: The member from the South Carolina Medical Association must be appointed for one year, the members from the South Carolina Dental Association and the South Carolina Radiological Society must be appointed for two years, and the other three members must be appointed for three years. The successors must be appointed for three years each.
(3) formulate, adopt, promulgate, and repeal regulations relating to the control of ionizing and nonionizing radiation;
(10) promulgate and repeal regulations pertaining to the qualifications of operators applying ionizing or nonionizing radiation to humans.
(G) No person may possess, use, or transfer a source of ionizing or nonionizing radiation unless registered, licensed, or exempted by the department.
(M) In an emergency the department may impound sources of ionizing or nonionizing radiation in the possession of a person who is not equipped to comply with or fails to comply with the provisions of the article or the regulations.
(N) The department, subject to the approval of the Governor, may enter into agreements with the federal government or other state or interstate agencies for the purpose of performing on a cooperative basis inspections or other functions relating to the control of sources of ionizing or nonionizing radiation. The department may institute training programs for the purpose of qualifying personnel to carry out the provisions of this article.
(P) No person may apply ionizing or nonionizing radiation to humans unless certified or exempted by the department."
SECTION 3. Section 13-7-45 (A) and (B) of the 1976 Code, as last amended by Act 552 of 1990, is further amended to read:
"(A) The South Carolina Department of Health and Environmental Control shall promulgate regulations and establish a schedule for the collection of annual fees for the licensing, registration, and certification of users of the sources of ionizing and nonionizing radiation. The fees collected must be sufficient, in the judgment of the department, to protect the public health and safety and the environment and to recover the costs incurred by the department in regulating the use of ionizing and nonionizing radiation and in performing emergency corrective measures intended to protect the public health and safety or the environment pursuant to the provisions of law.
(B) In determining the sufficiency of the fees to be charged and collected, the department shall consider an arrangement existing between South Carolina and a registrant, a licensee, a certificant, another state, or a federal agency under which costs incurred by the department in regulating the use of ionizing and nonionizing radiation and in performing emergency corrective measures intended to protect the public health and safety and the environment are recoverable by this State."
SECTION 4. This act takes effect upon approval by the Governor.
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