Current Status Bill Number:4537 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960201 Primary Sponsor:Hutson All Sponsors:Hutson, Cromer, Limehouse, Herdklotz, Seithel, R. Smith, Simrill, Littlejohn, Sharpe, Bailey, Young-Brickell, Wofford, Fulmer, Rhoad, Inabinett, Walker, Davenport, Witherspoon, Sandifer, Waldrop, Riser, Dantzler, Law, Allison, J. Harris and Kinon Drafted Document Number:pfm\7877ac.96 Companion Bill Number:1065, 1149 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:19960403 Subject:Day care centers, provisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960409 Introduced, read first time, 11 SJ
referred to Committee
House 19960404 Read third time, sent to Senate
House 19960403 Unanimous consent for third
reading on the next Legislative day
House 19960403 Amended, read second time
House 19960403 Reconsidered vote whereby debate
was adjourned
House 19960403 Debate adjourned
House 19960402 Debate interrupted by adjournment
House 19960327 Committee report: Favorable with 25 HJ
amendment
House 19960201 Introduced, read first time, 25 HJ
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 3, 1996
H. 4537
Introduced by REPS. Hutson, Cromer, Limehouse, Herdklotz, Seithel, R. Smith, Simrill, Littlejohn, Sharpe, Bailey, Young-Brickell, Wofford, Fulmer, Rhoad, Inabinett, Walker, Davenport, Witherspoon, Sandifer, Waldrop, Riser, Dantzler, Law, Allison, J. Harris and Kinon
S. Printed 4/3/96--H.
Read the first time February 1, 1996.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES, TO CREATE A CRIMINAL OFFENSE WHEN A PERSON CONVICTED OF CERTAIN CRIMES APPLIES TO OR IS EMPLOYED BY A DAY CARE CENTER, TO REQUIRE EMPLOYMENT APPLICATIONS TO INCLUDE A STATEMENT REGARDING THE CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS, TO ALLOW TEMPORARY EMPLOYMENT PENDING RESULTS OF THE REVIEWS, AND TO WAIVE FINGERPRINT REVIEWS FOR PERSONS CONTINUOUSLY EMPLOYED IN DAY CARE CENTERS FOR ONE YEAR PRIOR TO THIS ACT'S EFFECTIVE DATE; BY ADDING SECTION 20-7-3092 SO AS TO EXEMPT FROM THE FINGERPRINT REVIEW REQUIREMENTS CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS WHO HAVE UNDERGONE FINGERPRINT REVIEWS; BY AMENDING SECTIONS 20-7-2730, 20-7-2740, 20-7-2800, 20-7-2810, 20-7-2850, 20-7-2860, AND 20-7-2900, ALL AS AMENDED, AND ALL RELATING TO DAY CARE LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO DELETE, FOR THE PURPOSE OF CONSOLIDATION, PROVISIONS RELATING TO EMPLOYMENT IN DAY CARE CENTERS; AND BY AMENDING SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROHIBIT THE STATE LAW ENFORCEMENT DIVISION FROM CHARGING MORE THAN THE FEDERAL BUREAU OF INVESTIGATION FOR THESE REVIEWS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-2725. (A) No day care center, group day care home, family day care home, or church or religious day care center may employ a person or engage the services of a caregiver who 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.
(B) A person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, seeks to contract with, contracts with, seeks to provide caregiver services, or is a caregiver at a day care center, group day care home, family day care home, or 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.
(C) Application forms for employment at child day care centers, group day care homes, family day care homes, or church or religious day care centers must include, at the top of the form in large bold type, a statement indicating that a person who has been convicted of a crime enumerated in subsection (A) who applies for employment with, is employed by, or seeks to provide caregiver services 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.
(D) To be employed by or to provide caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center, a person first 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. Pending the results of the fingerprint reviews, a person temporarily may be employed or may provide caregiver services. The results of the fingerprint reviews are valid and reviews are not required to be repeated as long as the person remains employed by or continues providing caregiver services in a day care center, group day care home, family day care home, or church or religious day care center; however, if a person is not employed or does not provide caregiver services for one year or longer, the fingerprint reviews must be repeated.
(E) Unless otherwise required by law, this section does not apply to volunteers in a day care center, group day care home, family day care home, or church or religious day care center. For purposes of this section, `volunteer' means a person who:
(1) provides services without compensation relating to the operation of a day care center, group day care home, family day care home, or church or religious day care center; and
(2) is in the presence of an operator, employee, or caregiver when providing direct care to children.
`Volunteer' includes, but is not limited to, parents, grandparents, students, and student teachers."
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-3092. The fingerprint reviews required by this subarticle are not required of a certified education personnel who has undergone a fingerprint review pursuant to Section 59-26-40 or of a person licensed as a foster parent who has undergone a state and federal fingerprint review pursuant to Section 20-7-1640, and the results of these reviews have been submitted to the department and the person has remained employed since the review in certified education or licensed as a foster parent or the reviews have been conducted within the preceding year."
SECTION 3. Section 20-7-2730(E), (F), (G), and (H) of the 1976 Code, as last amended by Act 54 of 1995, is further amended to read:
"(E) No license may be issued to an operator who if the operator 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) 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 person 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 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.
(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 section 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 a crime enumerated in this section subsection (E) 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)(G) 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 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."
SECTION 4. Section 20-7-2740(D), (E), (F), and (G) of the 1976 Code, as last amended by Act 54 of 1995, is further amended to read:
"(D) No license may be renewed for any an operator who if the operator 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) 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 section 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 a crime enumerated in this section subsection (D) who applies for a license renewal 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 fingerprint review to be conducted by the Federal Bureau of Investigation to determine any other criminal history.
(G) No facility may employ or engage the services of an employee or caregiver who has been convicted of one of the crimes listed in this section."
SECTION 5. Section 20-7-2800(C), (E), and (F) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(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. 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.
(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 section 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 a crime enumerated in this section subsection (D) 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 approval 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 20-7-2810(D), (E), (F), and (G) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(D) A person applying for approval renewal under this section, a person who will operate the facility, and its employees and caregivers, who have not done so previously, on the first approval 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.
(E) No approval may be granted renewed under this section if the person applying for approval renewal, 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) 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 an employee or a caregiver who has been convicted of one of the crimes listed in this section.
(G)(E) 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 section 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 a crime enumerated in this section subsection (D) 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 approval renewal 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 7. Section 20-7-2850(C), (D), (E), and (F) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(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 section and a person fifteen years of age or older living in the family day care home 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 upon each renewal unless the renewal coincides with employment of a new operator, employee, or caregiver.
(D) No applicant may be registered as an operator if the person, his employees, or his caregivers have an employee, a caregiver, or a person fifteen years of age or older living in the family day care home 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.
(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.
(F) Application forms for registration issued under this chapter by the department and application forms for employment at a family day care home section 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 a crime enumerated in this section subsection (D) who applies for a license registration as operator, applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility or a person who applies for registration as an operator who has a person fifteen years of age or older living in the family day care home who has been convicted of a crime enumerated in subsection (D) 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 8. Section 20-7-2860(C) and (D) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(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.
(D) Application forms for registration renewal issued under this chapter by the department for a family day care home section 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 a crime enumerated in Section 20-7-2850(D) who applies for a license registration as an operator ,applies for employment with, is employed by, seeks to provide caregiver services with, or is a caregiver at a facility or a person who applies for registration as an operator who has a person fifteen years of age or older living in the home who has been convicted of a crime enumerated in Section 20-7-2850(D) 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 9. Section 20-7-2900(C), (D), and (E), (F), and (G) of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"(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 subarticle 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 a crime enumerated in this section who applies for a license or registration 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)(D) 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. 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.
(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."
SECTION 10. Section 20-7-2905 of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"Section 20-7-2905. The State Law Enforcement Division may not impose a fee of more than twenty-five dollars to conduct For conducting a state criminal history review as required by the provisions of this subarticle, the State Law Enforcement Division may not impose a fee greater than the fee imposed by the Federal Bureau of Investigation for conducting such a review."
SECTION 11. Notwithstanding Section 20-7-2725(D) of the 1976 Code, as added by Section 1 of this act, no operator or employee of or person providing caregiver services at a child day care center, group day care home, family day care home, or church or religious day care center is required to undergo a state fingerprint review conducted by the State Law Enforcement Division or the Federal Bureau of Investigation if the person continuously has been employed by or providing caregiver services in a child day care center, group day care home, family day care home, or church or religious day care center since July 1, 1991. However, the person must obtain a criminal record history from the State Law Enforcement Division, and, following this act's effective date, if the person is not employed by or does not provide caregiver services in a child day care center, group day care home, family day care home, or church or religious day care center for one year or longer, the person must comply with Section 20-7-2725(D). Additionally, no person fifteen years of age or older who, on this act's effective date, lives in the home of a person who is a registered operator of a family day care home is required to undergo the state fingerprint review as required by Section 20-7-2850(C) of the 1976 Code, as amended in Section 7 of this act.
SECTION 12. Section 20-7-2700b.(6) of the 1976 Code is amended to read:
"(6) summer school vacation or school holiday resident or day camps for children;"
SECTION 13. This act takes effect July 1, 1996.