South Carolina General Assembly
113th Session, 1999-2000

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Bill 372


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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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COMMITTEE REPORT

May 26, 1999

S. 372

Introduced by Senators Anderson and Glover

S. Printed 5/26/99--H.

Read the first time February 23, 1999.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 372), to amend Section 20-7-2725, Code of Laws of South Carolina, 1976, relating to day care center employment, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, Section 20-7-2725(A)(4), page 1, line 41, by deleting

/ fourth / and inserting / first / so when amended, Section 20-7-2725(A)(4) reads:

"(4) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment and the following conditions are met:

(a) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period;

(b) the person has not been convicted of and had no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and

(c) the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency.

A person who has been convicted of a first offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a day care center, group day care home, family day care home, or church or religious day care center.

If the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person's employment must be terminated;"

Renumber sections to conform.

Amend totals and title to conform.

JAMES H. HARRISON, for Committee.

A BILL

TO AMEND SECTION 20-7-2725, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DAY CARE CENTER EMPLOYMENT, SO AS TO EXEMPT CERTAIN OFFENSES WHICH PROHIBIT AN INDIVIDUAL FROM BEING EMPLOYED AS A DAY CARE WORKER.

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

SECTION 1. Section 20-7-2725(A)(4) of the 1976 Code, as added by Act 444 of 1996, is amended to read:

"(4) the felonies classified in Section 16-1-10(A), except that this prohibition does not apply to Section 56-5-2930, the Class F felony of driving under the influence pursuant to Section 56-5-2940(4) if the conviction occurred at least ten years prior to the application for employment and the following conditions are met:

(a) the person has not been convicted in this State or any other state of an alcohol or drug violation during the previous ten-year period;

(b) the person has not been convicted of and had no charges pending in this State or any other state for a violation of driving while his license is canceled, suspended, or revoked during the previous ten-year period; and

(c) the person has completed successfully an alcohol or drug assessment and treatment program provided by the South Carolina Department of Alcohol and Other Drug Abuse Services or an equivalent program designated by that agency.

A person who has been convicted of a fourth offense violation of Section 56-5-2930 must not drive a motor vehicle or provide transportation while in the official course of his duties as an employee of a day care center, group day care home, family day care home, or church or religious day care center.

If the person subsequently is convicted of, receives a sentence upon a plea of guilty or of nolo contendere, or forfeits bail posted for a violation of Section 56-5-2930 or for a violation of another law or ordinance of this State or any other state or of a municipality of this State or any other state that prohibits a person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics, the person's employment must be terminated;"

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

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