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| (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;
(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
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(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.
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 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.
(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.
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
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law.
(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,
(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 20-7-2905. The State Law Enforcement Division may not impose a fee of more than twenty-five dollars to conduct a state criminal history review as required by the provisions of this subarticle."
SECTION 9. This act takes effect July 1, 1995./
Amend title to conform.
Rep. NEAL explained the amendment.
Rep. DAVENPORT moved to table the amendment, which was not agreed to.
The amendment was then adopted.
Reps. DAVENPORT and FAIR proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\21987AC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION . The 1976 Code is amended by adding:
"Section 20-7-3097. Before the Department of Social Services employs a person in its day care licensing or child protective services divisions, the
(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
(6) a criminal offense similar in nature to the crimes listed in this subsection committed in other jurisdictions or under federal law."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Reps. FAIR, HASKINS, HUFF, VAUGHN, ROBINSON and SIMRILL proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\DKA\4020AC.95), which was rejected.
Amend the bill, as and if amended, by deleting SECTION 7 of the bill in its entirety.
Renumber sections to conform.
Amend title to conform.
Rep. FAIR explained the amendment.
The amendment was then rejected.
Reps. DAVENPORT and FAIR proposed the following Amendment No. 4 (Doc Name L:\council\legis\amend\PT\2014AC.95), which was ruled out of order.
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION . The 1976 Code is amended by adding:
Section 20-7-652. The State Department of Social Services and a local child protection services agency may not employ a person to work in the
Renumber sections to conform.
Amend title to conform.
Rep. DAVENPORT explained the amendment.
Rep. HOWARD raised the Point of Order that Amendment No. 4 was out of order as it was not germane.
Rep. DAVENPORT argued contra the Point in stating that day care was a protective custody or a position where people were put in the custody of individuals that are licensed by the State.
Rep. CROMER stated that the amendment dealt with a different entity of child protective services with the Department of Social Services and not child care centers.
Rep. HUFF stated that under certain situations someone from child protective services could be called for an examination of day care and if that happened, then this would relate to the review of the day care facilities.
The SPEAKER stated that the Bill dealt with the licensing of child care centers and the amendment dealt with protective services and psychological testing of who you can employ and it was not germane and he sustained the Point of Order and ruled the amendment out of order.
Rep. DAVENPORT proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\BBM\10301AC.95), which was adopted.
Amend the bill, as and if amended, by adding an appropriately SECTION to read:
/SECTION . The 1976 Code is amended by adding:
"Section 20-7-3097. At any time the department cites a child day care center, group day care home, or family day care home for a violation of this chapter or regulations promulgated pursuant to this chapter, the department shall provide the owner and operator of the center with a brochure stating, in language easily understood the rights and procedures
Amend title to conform.
Rep. DAVENPORT explained the amendment.
The amendment was then adopted.
Rep. ROBINSON proposed the following Amendment No. 8 (Doc Name L:\council\legis\amend\PFM\7504AC.95), which was adopted.
Amend the Committee on Medical, Military, Public and Municipal Affairs Report, as and if amended, Section 20-7-2730(H), page 46-3, line 4, by inserting after the /./:
/The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver./
Amend further, Section 20-7-2740(F), page 46-4, line 13, by deleting /The/; and by deleting lines 14 and 15.
Amend further, Section 20-7-2800(C), page 46-5, line 7, by inserting after the /./:
/The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver./
Amend further, Section 20-7-2810(D), page 46-6, line 21, by deleting /The fingerprint/; and by deleting lines 22 and 23.
Amend further, Section 20-7-2850(C), page 46-7, line 30, by inserting after the /./:
/The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver./
Amend further, Section 20-7-2860(C), page 46-8, line 37 by deleting /The/; and by deleting lines 38 and 39.
Amend further, Section 20-7-2900(F), page 46-10, line 25, by inserting after the /./:
/The fingerprint reviews required by this subsection are not required upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver./
Amend further, Section 27-7-2900(G), page 46-10, line 34, by deleting /The fingerprint/; and by deleting lines 35 and 36.
Amend title to conform.
The amendment was then adopted.
Rep. QUINN moved to reconsider the vote whereby Amendment No. 3 was rejected.
Rep. CROMER moved to table the motion to reconsider.
Rep. HASKINS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Askins Bailey Baxley Boan Breeland Brown, G. Brown, J. Byrd Canty Cave Clyburn Cobb-Hunter Cotty Cromer Gamble Govan Harris, J. Hodges Howard Hutson Inabinett Jennings Keyserling Kirsh Knotts Lloyd McElveen McMahand McTeer Moody-Lawrence Neal Phillips Richardson Riser Rogers Scott Sheheen Shissias Spearman Stille Trotter Whipper, S. Wilder Wilkes Witherspoon
Those who voted in the negative are:
Allison Brown, H. Cain Carnell Cato Chamblee Cooper Dantzler Davenport Delleney Easterday Elliott Fair Fleming Fulmer Hallman Harrison Haskins Herdklotz Huff Kelley Klauber Koon Lanford
Law Limbaugh Limehouse Littlejohn Marchbanks McAbee Meacham Neilson Quinn Rhoad Rice Robinson Sandifer Seithel Sharpe Simrill Smith, R. Stuart Thomas Townsend Tripp Tucker Vaughn Waldrop Walker Wells Whatley Wilkins Wofford Wright Young, A. Young, J.
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Rep. HODGES moved that the House do now adjourn.
Rep. KNOTTS demanded the yeas and nays, which were taken resulting as
follows:
Those who voted in the affirmative are:
Anderson Askins Baxley Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Chamblee Clyburn Cobb-Hunter Davenport Delleney Easterday Fair Harris, J. Harris, P. Harrison Hines Hodges Howard Hutson Inabinett Keyserling Kirsh Klauber Lanford Lloyd Marchbanks Martin McAbee McCraw McMahand McTeer Moody-Lawrence Neal Phillips Rhoad Richardson Robinson Rogers Scott Sharpe Sheheen Smith, D. Smith, R.
Spearman Stille Townsend Trotter Tucker Waldrop Wells Whipper, S. White Wilder Wilkes Witherspoon Wofford
Those who voted in the negative are:
Allison Bailey Cain Cato Cave Cooper Cotty Cromer Dantzler Elliott Fleming Fulmer Gamble Govan Hallman Haskins Herdklotz Huff Knotts Koon Law Limbaugh Limehouse Littlejohn Meacham Neilson Quinn Rice Riser Sandifer Shissias Simrill Stuart Tripp Vaughn Walker Whatley Wilkins Williams Wright Young, A. Young, J.
So, the motion to adjourn was agreed to.
In accordance with Section 8-13-700(B) of the S.C. Code, I abstained from voting on the below referenced bill or amendment because of a potential conflict of interest and wish to have my recusal noted for the record in the House Journal of this date.
Bill #: 546 General Subject Matter: Day Care Centers
Amendment #: . Subject Matter: .
The reason for abstaining on the above referenced legislation is:
A potential conflict of interest may exist in that an economic interest of myself, an immediate family member, or an individual or business with
Rep. E. DeWITT McCRAW
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