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Printed Page 3560, May 17
| Printed Page 3580, May 17
| Section 12-7-1220(J)(1). If a corporation qualifies to use the fee in lieu of property taxes provided in Sections 4-29-67 or Section 4-12-30 and fails to qualify for a credit under this section solely because it is an S corporation, then each of the shareholders of the S corporation qualifies for a nonrefundable credit against taxes imposed pursuant to Section 12-7-210.
SECTION 4. This act shall be effective for tax years beginning after December 31, 1995.
Rep. HARRELL explained the amendment.
Rep. SHEHEEN raised the Point of Order that Amendment No. 4 was out of order as it was not germane.
Rep. HARRELL argued contra the Point.
The SPEAKER stated that it was not germane and he sustained the Point of Order and ruled the amendment out of order.
The Bill was read the second time and ordered to third reading.
Rep. ROBINSON moved that the House do now adjourn.
Rep. SCOTT demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Askins Breeland Brown, G. Brown, H. Carnell Clyburn Dantzler Easterday Fair Fleming Fulmer Hallman Harris, J. Harris, P. Harrison Haskins Herdklotz Huff Hutson Jaskwhich Kinon Kirsh Klauber Koon Marchbanks Martin McAbee McCraw McKay McMahand
McTeer Neal Phillips Rhoad Riser Robinson Sharpe Smith, R. Stille Stoddard Townsend Tripp Tucker Waldrop Wells Wilder Witherspoon Wofford Young, A.
Those who voted in the negative are:
Allison Anderson Bailey Baxley Brown, J. Byrd Cato Cave Chamblee Cobb-Hunter Cotty Cromer Delleney Elliott Gamble Govan Harrell Hines Hodges Howard Inabinett Jennings Kelley Keyserling Knotts Lanford Law Limbaugh Limehouse Littlejohn Lloyd Meacham Moody-Lawrence Quinn Rice Richardson Rogers Sandifer Scott Sheheen Simrill Smith, D. Spearman Stuart Trotter Vaughn Whatley Wilkins Williams Wright Young, J.
So, the House refused to adjourn.
The motion period was dispensed with on motion of Rep. FLEMING.
Debate was resumed on the following Bill, the pending question being the consideration of amendments.
S. 46 -- Senators Jackson, Elliott, Rose and Washington: A BILL TO AMEND SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, AND 20-7-2900, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF LICENSES FOR PRIVATE DAY CARE CENTERS AND RENEWAL THEREOF, APPROVAL OF PUBLIC DAY CARE CENTERS AND RENEWAL THEREOF, THE REGISTRATION OF OPERATORS OF FAMILY DAY CARE HOMES, AND THE ISSUANCE OF LICENSES FOR OR THE REGISTERING OF CHURCH DAY CARE CENTERS, SO AS TO REQUIRE THAT ALL PERSONS APPLYING FOR A LICENSE AS AN OPERATOR OF OR AN EMPLOYEE AT DAY CARE FACILITIES MUST UNDERGO A FINGERPRINT REVIEW TO BE CONDUCTED BY THE FEDERAL BUREAU OF INVESTIGATION AND TO PROHIBIT THE ISSUANCE OF DAY CARE LICENSES IF SUCH OPERATORS OR EMPLOYEES HAVE BEEN CONVICTED OF CERTAIN CRIMES AND TO AMEND CHAPTER 7 OF TITLE 20 BY ADDING SECTION 20-7-2720, SO AS TO PROVIDE THAT THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION MAY NOT CHARGE MORE THAN TEN DOLLARS FOR STATE BACKGROUND CHECKS REQUIRED FOR CHILD CARE FACILITIES.
Rep. QUINN moved to adjourn debate upon the Bill.
Rep. ROBINSON moved to table the motion.
Rep. KELLEY demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Allison Anderson Breeland Brown, G. Brown, H. Brown, J. Cain Cato Cobb-Hunter Davenport Delleney Easterday Elliott Fair Felder Fleming Fulmer Gamble Govan Hallman Harrell Haskins Hines Hodges
Howard Huff Hutson Inabinett Jaskwhich Jennings Kinon Koon Lanford Limehouse Lloyd Marchbanks McMahand McTeer Meacham Moody-Lawrence Neal Rhoad Rice Riser Robinson Rogers Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Stille Townsend Tripp Trotter Vaughn Walker Wells Whatley Whipper, S. White Wilder Wilkins Witherspoon Young, A. Young, J.
Those who voted in the negative are:
Askins Bailey Baxley Byrd Carnell Cave Chamblee Clyburn Cotty Cromer Dantzler Harris, J. Harris, P. Herdklotz Kelley Keyserling Kirsh Klauber Knotts Law Limbaugh Littlejohn Martin McAbee McKay Phillips Quinn Richardson Scott Sheheen Shissias Spearman Stoddard Thomas Tucker Williams Wofford Wright
So, the motion to adjourn debate was tabled.
Rep. QUINN moved to reconsider the vote whereby the House refused to continue
the Bill.
Rep. SHEHEEN raised the Point of Order that the motion to reconsider the vote whereby the motion to continue failed was out of order as it was a procedural motion and could not be reconsidered.
The SPEAKER sustained the Point of Order and ruled the motion out of order.
The Medical, Military, Public and Municipal Affairs Committee proposed the following Amendment No. 1 (Doc Name L:\council\legis\amend\PFM\7421BDW.95), which was adopted.
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Section 20-7-2730 of the 1976 Code, as amended by Part II, Act 189 of 1989, is amended to read:
"Section 20-7-2730. a.(A) Application for license must be made on forms supplied by the department and in the manner it prescribes.
b.(B) Before issuing a license the department shall conduct an investigation of the applicant and the proposed plan of care for children and for operating a private 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, a license must be issued. The applicant shall cooperate with the investigation and related inspections by providing access to the physical plant, records, excluding financial records, and staff. Failure to comply with the regulations promulgated by the department within the time period specified in this subarticle, provided that if adequate notification of deficiencies has been made, is a ground for denial of application. 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, including references and other information about the character and quality of the personnel.
c.(C) Each license must be conditioned by stating clearly the name and address of the licensee, the address of the child day care center or group day care home, and the number of children who may be served.
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,;
(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 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.
(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.
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);
(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.
(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
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
personnel. If the child day care center or group day care home fails to comply
with the regulations promulgated by the department within the time period
specified in this subarticle provided, if adequate notification
regarding deficiencies has been given, the appropriate public officials of the
state and local government shall must be notified.
(C) A person applying for approval under this section, who will operate the
facility, 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.
(D) No approval may be granted under this section if the person applying for approval or the operator, an employee, or a caregiver of the facility has been convicted of:
(1) a crime listed in Chapter 3 of Title 16, Offenses Against the Person;
(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 in this subsection committed in other jurisdictions or under federal law.
(E) No facility 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 licensed 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 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 conviction, must be fined not more than five thousand dollars or imprisoned not more than one year, or both."
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
(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.
(F) No facility may employ or engage the services of an employee or a caregiver who has been convicted of one of the crimes listed in this section.
(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.
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