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d.(D) Failure of the department, except as provided in Section 20-7-3070, to approve or deny an application within ninety days shall result results in the granting of a provisional license.

(E) No license may be issued to an operator who has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person,;
(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for;

(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490.;

(4) the felonies classified in Section 16-1-10(A);

(5) the offenses enumerated in Section 16-1-10(D); or

(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(F) No facility may employ or engage the services of a caregiver person who has been convicted of one of the crimes listed in this paragraph section. A person who has been convicted of one of the crimes listed in this paragraph section who applies for a license as an operator, applies for employment with, or is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be punished by a fine fined not exceeding more than five thousand dollars or imprisonment imprisoned not exceeding more than one year, or both.

(G) Application forms for licenses issued under this chapter by the department and application forms for employment at an individual private child day care center or a group day care home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is

(H) A person applying for a license as an operator under this section or seeking employment or seeking to provide caregiver services at a facility licensed under this section shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The State Department of Social Services may charge the licensee a fee for the cost of obtaining criminal history conviction records from the South Carolina Law Enforcement Division."

SECTION 2. Section 20-7-2740 of the 1976 Code is amended to read:

"Section 20-7-2740. a.(A)Regular licenses may be renewed upon application and approval. Notification of a child day care center or group day care home regarding renewal shall be is the responsibility of the department.

b.(B) Application for renewal shall must be made on forms supplied by the department in the manner it prescribes.

c.(C) Before renewing a license the department shall conduct an investigation of the child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, the license shall must be renewed. The licensee shall cooperate with the investigation and related inspections by providing access to the physical plant, records, and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this subarticle provided, if adequate notification of deficiencies has been made, is a ground for revocation of the license. The investigation and inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the child day care center or group day care home.
(D) No license may be renewed for any operator who has been convicted of:
(1) any a crime listed in Chapter 3 of Title 16, Offenses Against the Person,;
(2) any a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for;

(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490.;
(4) the felonies classified in Section 16-1-10(A);

(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.

(E) Application forms for license renewals issued under this chapter by the department for private child day care centers or group day care homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(F) A licensee seeking license renewal under this section, its employees, and its caregivers, who have not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required on subsequent renewals.
(G) No facility may employ or engage the services of a an employee or caregiver who has been convicted of one of the crimes listed in this paragraph section. The State Department of Social Services may charge the licensee a fee for the cost of attaining criminal history conviction records from the South Carolina Law-Enforcement Division."

SECTION 3. Section 20-7-2800 of the 1976 Code is amended to read:

"Section 20-7-2800. a.(A)Application for a statement of standard conformity or approval shall must be made on forms supplied by the department and in the manner it prescribes.

b.(B) Before issuing approval the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a public child day care center or group day care home. If the results of the investigation verify that the provisions of the subarticle and the applicable regulations promulgated by the department are satisfied, approval shall must be issued. The applicant shall cooperate with the investigation and inspections by providing access to the physical plant, records, and staff. The investigation and related inspections may involve consideration of any facts, conditions, or circumstances relevant to the operation of the child day care center or group day care home, including references and other information about the character and quality of the

(F) Application forms for a statement of standard conformity or approval issued under this chapter by the department and application forms for employment at individual public child day care centers or group day care homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon

SECTION 4. Section 20-7-2810 of the 1976 Code is amended to read:

"Section 20-7-2810. a.(A)Regular approvals may be renewed upon application and approval. Notification of a child day care center or group day care home regarding renewal shall be is the responsibility of the department.

b.(B) Application for renewal shall must be made on forms supplied by the department and in the manner it prescribes.

c.(C) Before renewing an approval the department shall conduct an investigation of the child day care center or group day care home. If the results of the investigation verify that the provisions of this subarticle and the applicable regulations promulgated by the department are satisfied, the approval shall must be renewed. The operator shall cooperate with the investigation and related inspections by providing access to the physical plant, records, and staff. If the operator's statement of approval cannot be renewed, the appropriate public officials shall must be notified.
(D) A person applying for approval renewal under this section, a person who will operate the facility, and its employees and caregivers, who have not done so previously, on the first approval renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required on subsequent renewals.

(E) No approval may be granted under this section if the person applying for approval, the operator of the facility, or an employee or a caregiver has been convicted of:

(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(4) felonies classified in Section 16-1-10(A);

(5) the offenses enumerated in Section 16-1-10(D); or

(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.

(G) Application forms for renewal of a statement of standard conformity or approval issued under this chapter by the department for individual public child day care centers or group day care homes must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."

SECTION 5. Section 20-7-2850 of the 1976 Code is amended to read:

"Section 20-7-2850. a.(A)Registration shall must be completed on forms supplied by the department and in the manner it prescribes.

b.(B) Prior to Before becoming a registered operator, the applicant shall:

(1) sign a statement that he has read the suggested standards developed by the department under Section 20-7-2980;

(2) furnish the department with a signed statement by each consumer parent verifying that the operator has provided each consumer parent with a copy of the suggested standards for family day care homes and the procedures for filing complaints;

(3) upon request, provide the department with any facts, conditions, or circumstances relevant to the operation of the family day care home, including references and other information regarding the character of the family day care home operator.

(C) A person applying to become a registered operator of a family day care home under this chapter or seeking employment or seeking to provide caregiver services at a family day care home registered under this chapter shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.

(D) No applicant may be registered as an operator if the person, his employees, or his caregivers have been convicted of:

(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(E) No family day care home may employ or engage the services of an operator, an employee, or a caregiver who has been convicted of one of the crimes listed in this section. A person who has been convicted of one of the crimes listed in this section who applies for approval as an operator at, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility registered under this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(F) Application forms for registration issued under this chapter by the department and application forms for employment at a family day care home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."

SECTION 6. Section 20-7-2860 of the 1976 Code is amended to read:

"Section 20-7-2860. a.(A)A statement of registration shall must be issued when the family day care operator satisfactorily completes the procedures prescribed by this subarticle. The current statement shall must be displayed in a prominent place in the facility at all times.

b.(B) Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.

(C) A person applying for renewal of registration as an operator of a family day care home registered under this chapter and a person employed or providing caregiver services at a family day care home registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement

(D) Application forms for registration renewal issued under this chapter by the department for a family day care home must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

c.(E) The department shall have the power to may withdraw the statement of registration if one or more of the following apply:
(1) The health and safety of the children so require, if withdrawal.

(2) The facility has enrolled children beyond the limits defined in this subarticle, or if.

(3) The operator fails to comply with the registration procedures provided in this subarticle."

SECTION 7. Section 20-7-2900 of the 1976 Code is amended to read:

"Section 20-7-2900. a.(A)No local church congregation or established religious denomination or religious college or university which does not receive state or federal financial assistance for day care services may operate a child day care center or group day care home unless it complies with the requirements for registration, and inspection and the regulations for health and fire safety as set forth in Sections 20-7-2910 through 20-7-2970. Registration expires at the end of one year from the date of issuance of the statement of registration. Registration may be renewed according to the procedures developed by the department.

(B) No license or registration may be issued to a church congregation, established religious denomination, or religious college or university if a person who provides service as an operator, caregiver, or employee at the child care facility has been convicted of:

(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;

(2) a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency;

(3) the crime of contributing to the delinquency of a minor, contained in Section 16-17-490;

(4) the felonies classified in Section 16-1-10(A);

(5) the offenses enumerated in Section 16-1-10(D); or

(C) No facility may employ or engage the services of an operator or any person who has been convicted of one of the crimes listed in this section.
(D) A person who has been convicted of one of the crimes listed in this section who seeks to provide services as an operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a church or religious day care center is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(E) Application forms for licensure or registration issued under this chapter by the department and application forms for employment at a church congregation, established religious denomination, or religious college or university must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of one of the crimes listed in this section who applies for a license as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility is guilty of a misdemeanor and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both.

(F) A person applying for a license or registration as an operator of a church or religious day care center or seeking employment or seeking to provide caregiver services at a church or religious day care center shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.

(G) A person applying for renewal of a license or registration as an operator of a church or religious day care center licensed or registered under this chapter and a person employed or registered under this chapter, who has not done so previously, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine any state criminal history and a fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history. The fingerprint reviews required by this subsection are not required on subsequent renewals."

SECTION 8. The 1976 Code is amended by adding:

SECTION 9. This act takes effect July 1, 1995./

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. SIMRILL objected to the Bill.

Rep. NEAL continued speaking.

Reps. HASKINS, TROTTER, FAIR, VAUGHN, HERDKLOTZ, EASTERDAY, MARCHBANKS, DAVENPORT, PHILLIPS, ROBINSON, LANFORD and TOWNSEND objected to the Bill.

The following was introduced:

H. 4190 -- Rules Committee: A HOUSE RESOLUTION TO SET BY SPECIAL ORDER S.9, RELATING TO THE REAPPORTIONMENT OF SENATE DISTRICTS, FOR SECOND READING OR OTHER CONSIDERATION ON TUESDAY, MAY 9, 1995, IMMEDIATELY FOLLOWING THE CALL OF THE UNCONTESTED CALENDAR AND TO PROVIDE FOR THE CONTINUING SPECIAL ORDER CONSIDERATION OF S.9 UNTIL THIRD READING OR OTHER DISPOSITION.

Be it resolved by the House of Representatives:

That S.9 is set by special order for second reading or other consideration on Tuesday, May 9, 1995, immediately following the call of the uncontested calendar and continuing each legislative day immediately following the call of the uncontested calendar until S.9 is given third reading or it is otherwise disposed of.

Rep. HUFF explained the House Resolution.

The Resolution was adopted.

The SPEAKER granted Rep. SPEARMAN a leave of absence for the remainder of the day.

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