H 3552(Rat #0407)  General Bill, By Lourie, J.E. Smith, Rivers, Hosey, Altman, 
Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and 
Umphlett
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 47-1-45 SO AS TO PROVIDE THAT A DEPARTMENT OF SOCIAL SERVICES EMPLOYEE OR AN
 ADULT PROTECTIVE SERVICES EMPLOYEE SHALL REPORT KNOWN OR SUSPECTED INSTANCES
 OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM
 LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY
 VETERINARIAN OR OTHER PERSON SHALL REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING,
 OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR
 REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED,
 RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO
 AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE
 PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE
 PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE
 SECTION AND MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 43-35-25, RELATING
 TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE
 ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR
 THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE
 PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE
 SECTION; BY ADDING SECTION 43-1-85 SO AS TO PROVIDE PENALTIES FOR VIOLATION OF
 STATUTES OR REGULATIONS PERTAINING TO PROGRAMS THAT THE DEPARTMENT OF SOCIAL
 SERVICES REGULATES, TO PROVIDE THAT THE DEPARTMENT SHALL PROMULGATE
 REGULATIONS REGARDING PENALTIES, TO PROVIDE FOR JUDICIAL REVIEW OF THE FINAL
 AGENCY DECISION CONCERNING A PENALTY; AND BY ADDING SECTION 20-7-2255 SO AS TO
 PROVIDE THAT STANDARD LICENSES FOR RESIDENTIAL GROUP HOMES AND CHILD CARING
 INSTITUTIONS ARE EFFECTIVE FOR TWO YEARS FROM THE DATE OF ISSUANCE UNLESS
 REVOKED OR TERMINATED BEFORE THE EXPIRATION DATE. - ratified title

   02/11/03  House  Introduced and read first time HJ-7
   02/11/03  House  Referred to Committee on Judiciary HJ-8
   04/09/03  House  Committee report: Favorable Judiciary HJ-7
   04/10/03  House  Read second time HJ-17
   04/10/03  House  Unanimous consent for third reading on next
                     legislative day HJ-20
   04/11/03         Scrivener's error corrected
   04/11/03  House  Read third time and sent to Senate HJ-3
   04/15/03  Senate Introduced and read first time SJ-50
   04/15/03  Senate Referred to Committee on Agriculture and Natural
                     Resources SJ-50
   04/28/04  Senate Polled out of committee Agriculture and Natural
                     Resources SJ-30
   04/28/04  Senate Committee report: Favorable Agriculture and
                     Natural Resources SJ-30
   04/29/04  Senate Read second time SJ-28
   04/29/04  Senate Ordered to third reading with notice of
                     amendments SJ-28
   04/29/04         Scrivener's error corrected
   05/27/04  Senate Amended SJ-183
   05/27/04  Senate Read third time and returned to House with
                     amendments SJ-183
   06/02/04  House  Concurred in Senate amendment and enrolled HJ-16
   06/03/04         Ratified R 407
   12/15/04         Vetoed by Governor
   01/12/05  House  Veto sustained Yeas-49  Nays-61 HJ-46

NOTE: THIS COPY IS A TEMPORARY VERSION. THIS DOCUMENT WILL REMAIN IN THIS VERSION UNTIL PUBLISHED IN THE ADVANCE SHEETS TO THE ACTS AND JOINT RESOLUTIONS. WHEN THIS DOCUMENT IS PUBLISHED IN THE ADVANCE SHEET, THIS NOTE WILL BE REMOVED.

(R407, H3552)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT A DEPARTMENT OF SOCIAL SERVICES EMPLOYEE OR AN ADULT PROTECTIVE SERVICES EMPLOYEE SHALL REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON SHALL REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION; BY ADDING SECTION 43-1-85 SO AS TO PROVIDE PENALTIES FOR VIOLATION OF STATUTES OR REGULATIONS PERTAINING TO PROGRAMS THAT THE DEPARTMENT OF SOCIAL SERVICES REGULATES, TO PROVIDE THAT THE DEPARTMENT SHALL PROMULGATE REGULATIONS REGARDING PENALTIES, TO PROVIDE FOR JUDICIAL REVIEW OF THE FINAL AGENCY DECISION CONCERNING A PENALTY; AND BY ADDING SECTION 20-7-2255 SO AS TO PROVIDE THAT STANDARD LICENSES FOR RESIDENTIAL GROUP HOMES AND CHILD CARING INSTITUTIONS ARE EFFECTIVE FOR TWO YEARS FROM THE DATE OF ISSUANCE UNLESS REVOKED OR TERMINATED BEFORE THE EXPIRATION DATE.

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

Employee of Department of Social Services or Adult Protective Services to report animal abuse

SECTION    1.    Chapter 1 of Title 47 of the 1976 Code is amended by adding:

"Section 47-1-45.    (A)    A Department of Social Services employee or an Adult Protective Services employee, acting within the course and scope of his employment, who knows or reasonably believes that an animal has been abandoned or ill treated as set forth in this chapter or has been injured or killed through participation in animal fighting or baiting as prohibited by law shall report the known or suspected instance of animal cruelty or animal fighting or baiting to an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, to an animal control officer, or to a law enforcement agency.

(B)    A Department of Social Services employee or an Adult Protective Services employee, acting within the course and scope of his employment, who reports animal cruelty, fighting, baiting, abuse, or neglect pursuant to this section is immune from liability under this section and the provisions of Section 20-7-540 and Section 43-35-75.

(C)    A veterinarian who has reasonable cause to believe or other person who has actual cause to believe that an animal has been abandoned or cruelly treated as set forth in this chapter or has been injured or killed through participation in animal fighting or baiting as prohibited by Section 16-27-10 or another provision of law shall report the incident to an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, to an animal control officer, or to a law enforcement agency. A veterinarian or person who makes a report pursuant to this section or who participates in an investigation or judicial proceeding resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In the civil or criminal proceedings, good faith is rebuttably presumed."

Abuse or neglect of a child to be reported

SECTION    2.    Section 20-7-510(A) of the 1976 Code, as last amended by an act of 2002, bearing ratification number 463, is further amended to read:

"(A)    A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or other medical, emergency medical services, mental health, or allied health professional or Christian Science practitioner, religious healer, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, childcare worker in a childcare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, person responsible for processing film, computer technician, officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, animal control officer, or judge shall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect."

Abuse, neglect, or exploitation of a vulnerable adult to be reported

SECTION    3.    Section 43-35-25(A) of the 1976 Code, as added by Act 110 of 1993, is amended to read:

"(A)    A physician, nurse, dentist, optometrist, medical examiner, coroner, other medical, mental health or allied health professional, Christian Science practitioner, religious healer, school teacher, counselor, psychologist, mental health or mental retardation specialist, social or public assistance worker, caregiver, staff or volunteer of an adult daycare center or of a facility, an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, animal control officer, or law enforcement officer having reason to believe that a vulnerable adult has been or is likely to be abused, neglected, or exploited shall report the incident in accordance with this section. Any other person who has actual knowledge that a vulnerable adult has been abused, neglected, or exploited shall report the incident in accordance with this section."

Penalties and regulations

SECTION    4.    Chapter 1, Title 43 of the 1976 Code is amended by adding:

"Section 43-1-85.    The department may impose monetary penalties against a person, facility, or other entity for violation of statutes or regulations pertaining to programs that the department regulates. Penalties collected must be retained by the department and used to pay for technical assistance and training to benefit regulated individuals and programs. The department shall promulgate regulations for each program in which penalties may be imposed. The regulations must include guidance on the decision to assess a penalty, the effect of failure to pay a penalty timely, and a schedule of penalty ranges that takes into account severity and frequency of violations. These regulations must provide for notice of the penalty and the right to a contested case hearing before a designee of or panel appointed by the state director. Judicial review of the final agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final revocation and denial decisions in that particular program. The department, in accordance with regulations promulgated pursuant to this section, has discretion in determining the appropriateness of assessing a monetary penalty against a person or facility and the amount of the penalty. The authority to assess monetary penalties is in addition to other statutory provisions authorizing the department to seek injunctive relief or to deny, revoke, suspend, or otherwise restrict or limit a license or other types of operating or practice registrations, approvals, or certificates."

Licenses for residential group homes and child caring institutions

SECTION    5.    Subarticle 1, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-2255.    Standard licenses for residential group homes and child caring institutions are effective for two years from the date of issuance unless revoked or otherwise terminated before the expiration date."

Time effective

SECTION    6.    This act takes effect upon approval by the Governor.

Ratified the 3rd day of June, 2004.

__________________________________________

President of the Senate

___________________________________________

Speaker of the House of Representatives

Approved the ____________ day of _____________________2004.

___________________________________________

Governor