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S. 623 -- Judiciary Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE PUBLIC SERVICE COMMISSION, RELATING TO THE REMOVAL OF INTRASTATE REGULATION OF THE PRICES, ROUTES, AND SERVICE FOR CERTAIN FOR-HIRE MOTOR CARRIERS OF PROPERTY, DESIGNATED AS REGULATION DOCUMENT NUMBER 1843, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 625 -- Judiciary Committee: A BILL TO AMEND SECTION 7-13-860, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POLL WATCHERS, SO AS TO PROVIDE THAT A POLL WATCHER'S BADGE MUST NOT SPECIFY THE CANDIDATE HE REPRESENTS.

S. 626 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO HOMEBOUND INSTRUCTION, DESIGNATED AS REGULATION DOCUMENT NUMBER 1819, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

S. 627 -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO FACILITY SPECIFICATIONS, DESIGNATED AS REGULATION DOCUMENT NUMBER 1765, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.

The following Bill having been read the second time was ordered placed on the third reading Calendar:

S. 207 -- Senator Wilson: A BILL TO AMEND SECTION 7-17-280, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MANDATORY RECOUNTS IN PRIMARIES AND GENERAL ELECTIONS, SO AS TO PROVIDE THAT THE CANVASSING AGENCY SHALL GIVE PRIORITY IN THE RECOUNT TO SPECIFIC

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.

The Senate proceeded to a consideration of the Bill. The question being the adoption of the amendment proposed by the General Committee.

The General Committee proposed the following amendment (46R003.AGW), which was adopted:

Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

/SECTION 1. Section 20-7-2730 of the 1976 Code is amended to read:

"Section 20-7-2730. a. Application for license must be made on forms supplied by the department and in the manner it prescribes.

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

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

e. No license may be issued to an operator who has been convicted of a crime listed in Chapter 3 of Title 16, Offenses Against the Person, a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17- 490, or those felonies classified in Section 16-1-10(A) or the offenses enumerated in Section 16-1-10(D) or for any other criminal offense of a similar nature committed in other jurisdictions or under federal law.

f. No facility may employ or engage the services of a caregiver any 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 operator, employment with, or is employed by, or who 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 not exceeding five thousand dollars or imprisonment not exceeding one year, or both.

g. Effective July 1, 1995, all persons 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 20-7-2740. 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 the responsibility of the department.

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

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 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 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, or who has an employee or caregiver who has been convicted, of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490, or those felonies classified in Section 16-1-10(A) or the offenses enumerated in Section 16-1-10(D) or for any other criminal offense of a similar nature committed in other jurisdictions or under federal law.

e. Any licensee seeking license renewal under this section, its employees, and its caregivers, who have not done so previously, shall, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, 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 shall not be required on subsequent renewals.

f. 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

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

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

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 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 adequate notification regarding deficiencies has been given, the appropriate public officials of the state and local government shall be notified.

c. Effective July 1, 1995, all persons applying for approval under this section and such persons who will operate such a facility and persons seeking employment or 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, the operator of the facility, or any employee or caregiver has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490, or those felonies classified in Section 16-1-10(A) or the offenses enumerated in Section 16-1-10(D) or for any other criminal offense of a similar nature committed in other jurisdictions or under federal law.

e. No facility may employ or engage the services of any operator, employee, or caregiver who has been convicted of one of the crimes listed

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

"Section 20-7-2810. 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 the responsibility of the department.

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

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 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 be notified.

d. All persons applying for approval renewal under this section, persons who will operate such a facility, and its employees and caregivers, who have not done so previously, shall, on the first approval renewal after June 30, 1995, or by June 30, 1996, whichever is later, 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 shall not be 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 any employee or caregiver has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490, or those felonies classified in Section 16-1-10(A) or the offenses enumerated in Section 16-1-10(D) or for any other criminal offense of a similar nature committed in other jurisdictions or under federal law. No facility may

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

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

b. Prior to 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. Effective July 1, 1995, all persons 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.

No applicant shall be registered as an operator if such person, any person in his employ, or any caregiver has been convicted of any crime listed in Chapter 3 of Title 16, Offenses Against the Person, any crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490, or those felonies classified in Section 16-1-10(A) or the offenses enumerated in Section 16-1-10(D) or for any other criminal offense of a similar nature committed in other jurisdictions or under federal law or if such person has an employee or caregiver who has been convicted of any of the offenses enumerated in this section."

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

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

c. The department shall have the power to withdraw the statement of registration if the health and safety of the children so require, if the facility has enrolled children beyond the limits defined in this subarticle, or if 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. 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, 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, or 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 a crime listed in Chapter 3 of Title 16, Offenses Against the Person, a crime listed in Chapter 15 of Title 16, Offenses Against Morality and Decency, and for the crime of contributing to the delinquency of a minor, contained in Section 16-17-490, or those felonies classified in Section 16-1-10(A) or the offenses enumerated in Section 16-1-10(D) or for any other criminal offense of a similar nature committed in other jurisdictions or under federal law. No facility may employ or engage the services of an operator

d. Effective July 1, 1995, all persons 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.

e. All persons 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, persons employed, and persons providing caregiver services at a church or religious day care center licensed or registered under this chapter, who have not done so previously, shall, on the first renewal after June 30, 1995, or by June 30, 1996, whichever is later, 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 shall not be required on subsequent renewals."

SECTION 8. Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2720. The State Law Enforcement Division shall not impose a fee to exceed twenty-five dollars to conduct any state criminal history review, as required by the provisions of Subarticle 11."

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

Amend title to conform.

Senator JACKSON explained the amendment.

There being no further amendments, the Bill was read the second time and ordered placed on the third reading Calendar.

H. 3534 -- Reps. Wilkins, Tripp, Knotts, Whatley, Harrell, Wofford, A. Young, Hutson, Sandifer, Walker, Littlejohn, Herdklotz, Jaskwhich, Meacham, Fleming, Cain, Kelley, Simrill, Law, Mason, Jennings, Kennedy, Cato, Rice, Klauber, Stuart, Gamble, J. Young, Cotty, Shissias, Haskins, Harrison, Riser, Huff, Robinson, Marchbanks, H. Brown, Witherspoon, Baxley, Lanford, Waldrop and Easterday: A BILL TO AMEND TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAXATION, BY ADDING CHAPTER 10 ENACTING THE ENTERPRISE ZONE ACT OF 1995 SO AS TO PROVIDE FOR THE ESTABLISHMENT OF ENTERPRISE ZONES IN WHICH VARIOUS TAX INCENTIVES MAY APPLY FOR BUSINESSES, TO PROVIDE THE CRITERIA FOR AREAS TO QUALIFY AS ENTERPRISE ZONES, TO PROVIDE THAT BUSINESSES QUALIFY FOR ENTERPRISE ZONE INCENTIVES BY MEANS OF ENTERING INTO A REVITALIZATION AGREEMENT WITH THE COORDINATING COUNCIL FOR ECONOMIC DEVELOPMENT, TO PROVIDE INCENTIVES, DEPENDING ON ELIGIBILITY, THAT INCLUDE THE MAXIMUM CREDIT ALLOWED UNDER THE TARGETED JOBS TAX CREDIT AND AN ADDITIONAL CREDIT FOR EMPLOYEES FORMERLY RECEIVING AFDC, FEE IN LIEU OF TAXES FOR PROPERTY TAXES, RETAINING AN AMOUNT OF EMPLOYEE WAGES NOT TO EXCEED FIVE PERCENT FOR FIFTEEN YEARS FOR DEVELOPMENT EXPENSES AND ALLOWING INDIVIDUAL INCOME TAX CREDITS FOR EMPLOYEES AND WITHHOLDING TAX CREDITS FOR EMPLOYERS AND EMPLOYEES EQUAL TO THE RETAINED AMOUNT, AND TO PROVIDE THE CRITERIA FOR SELECTING OF QUALIFYING BUSINESSES AND PROJECTS.

On motion of Senator LEATHERMAN, the Bill was carried over.

The PRESIDENT appointed Senators DRUMMOND, STILWELL and WASHINGTON to escort the Honorable Ernest A. Finney, Jr., Chief Justice of the South Carolina Supreme Court, and his distinguished party to the rostrum of the House of Representatives for the Joint Assembly.

At 12:35 P.M., the Senate receded from business for the purpose of attending the Joint Assembly.

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