H 3028 General Bill, By Allison and Walker
 A BILL TO AMEND SECTION 20-7-2700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE DEFINITION OF
 A CHILD DAY CARE FACILITY TO EXCLUDE FOUR-YEAR OLD AS WELL AS FIVE-YEAR OLD
 KINDERGARTEN PROGRAMS OPERATED BY A PUBLIC SCHOOL SYSTEM.

   12/06/00  House  Prefiled
   12/06/00  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs
   01/09/01  House  Introduced and read first time HJ-24
   01/09/01  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-24

TO AMEND SECTION 20-7-2700, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHILD DAY CARE FACILITIES, SO AS TO REVISE THE DEFINITION OF A CHILD DAY CARE FACILITY TO EXCLUDE FOUR-YEAR OLD AS WELL AS FIVE-YEAR OLD KINDERGARTEN PROGRAMS OPERATED BY A PUBLIC SCHOOL SYSTEM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 20-7-2700b. of the 1976 Code, as last amended by Act 444 of 1996, is further amended to read:

    "b. 'Child day care facilities' means any facility which provides care, supervision, or guidance for any minor child who is not related by blood, marriage, or adoption to the owner or operator of such a facility whether or not the facility is operated for profit and whether or not the facility makes a charge for services offered by it. This definition includes, but is not limited to, day nurseries, nursery schools, day care centers, group day care homes, and family day care homes. The term does not include:

        (1)    any educational facility, whether private or public, which operates solely for educational purposes in grades one or above;

        (2)    four-year old and five-year-old kindergarten programs operated by public school systems;

        (3)    kindergartens or nursery schools or other daytime programs, with or without stated educational purposes, operating no more than four hours a day and receiving children younger than lawful school age;

        (4)    kindergartens or nursery schools or other daytime programs operated as part of a private school and receiving children younger than lawful school age for four hours a day or less, with or without stated educational purposes;

        (5)    facilities operated for more than four hours a day in connection with a shopping center or service or other similar facility, where the same children are cared for less than four hours a day and not on a regular basis as defined in this subarticle while parents or custodians of the children are occupied on the premises or are in the immediate vicinity and immediately available; provided, however, that such facilities meet local fire and sanitation requirements;

        (6)    school vacation or school holiday resident or day camps for children;

        (7)    Bible schools normally conducted during vacation periods;

        (8)    facilities for the mentally retarded provided for in Article 3 of Chapter 21 of Title 44;

        (9)    facilities for the mentally ill as provided for in Section 44-17-10 of the 1976 Code;

        (10)    child day care centers and group day care homes owned and operated by a local church congregation or an established religious denomination or a religious college or university which does not receive state or federal financial assistance for day care services; provided, however, that such facilities must comply with the provisions of Sections 20-7-2900 through 20-7-2970 and provided, further, that they may voluntarily elect to become licensed according to the process as set forth in Sections 20-7-2700 through 20-7-2780 and Sections 20-7-2980 through 20-7-3090."

SECTION    2.    This act takes effect upon approval by the Governor.