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| (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 10. 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
SECTION 11. Section 20-7-2900(C), (D), (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
SECTION 12. 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 13. Section 20-7-3097 of the 1976 Code, as added by Act 54 of 1995, is amended to read:
"Section 20-7-3097. (A) Before the Department of Social Services employs a person in its day care licensing or child protective services divisions, the person 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 person may be employed in these divisions if the person has been convicted of or pled guilty or nolo contendere to:
(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 any crime listed in Section 20-7-2725(A).
(B) Notwithstanding subsection (A) or any other provision of law, a person may be provisionally employed in the day care licensing or child protective services divisions upon receipt and review of the results of the State Law Enforcement Division fingerprint review if the results show no convictions of the crimes referenced in subsection (A). Pending receipt of the results of the Federal Bureau of Investigation fingerprint review, the department must obtain from the prospective employee a written
(C) A person who has been convicted of a crime referenced in subsection (A) who applies for employment with the day care licensing or child protective services divisions 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 14. 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 8 of this act.
SECTION 15. This act takes effect July 1, 1996./
Amend title to conform.
Rep. LIMBAUGH explained the amendment.
Rep. SCOTT moved to adjourn debate upon the Bill until Thursday, May 23.
Rep. CROMER moved to table the motion, which was not agreed to.
The question then recurred to the motion to adjourn debate, which was rejected by a division vote of 27 to 52.
Further proceedings were interrupted by expiration of time on the uncontested Calendar, the pending question being consideration of Amendment No. 1.
Rep. CROMER moved that the House recur to the morning hour, which was agreed to.
The House stood at ease subject to the call of Chair.
At 12:00 Noon the Senate appeared in the Hall of the House.
The President of the Senate called the Joint Assembly to order and announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses.
The Reading Clerk of the Senate read the following Concurrent Resolution:
H. 4994 -- Rep. Delleney: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 22, 1996, AS THE TIME FOR ELECTING A SUCCESSOR TO A CERTAIN JUDGE OF THE CIRCUIT COURT AT LARGE, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 1997; TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE NINTH JUDICIAL CIRCUIT, WHOSE TERM EXPIRES JUNE 30, 2000; AND TO ELECT A SUCCESSOR TO A CERTAIN JUDGE OF THE FAMILY COURT, 13TH CIRCUIT, SEAT 1, WHOSE TERM EXPIRES JUNE 30, 2001.
The President announced that nominations were in order for a Circuit Court Judge, At-Large, Seat 1.
Rep. DELLENEY, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Robert S. Armstrong, James R. Barber, III, Daniel R. Eckstrom, Brenda Reddix-Smalls, and Paula H. Thomas.
Rep. DELLENEY stated that the following candidate had withdrawn from the election: Mr. James R. Barber, III.
Rep. WRIGHT withdrew Mr. Daniel R. Eckstrom as a candidate.
Reps. TUCKER, SIMRILL, MEACHAM, HARVIN and Senator Martin seconded the nomination of Mrs. Thomas.
The following named Senators voted for Mr. Armstrong:
Bryan Cork Drummond Giese Gregory Holland Lander Moore Reese Russell Ryberg Setzler Smith, J.V.
The following named Senators voted for Ms. Reddix-Smalls:
Ford Glover Jackson Matthews Patterson Washington
The following named Senators voted for Mrs. Thomas:
Alexander Boan Courtney Elliott Fair Hayes Hutto Land Leatherman Martin McConnell McGill Mescher O'Dell Passailaigue Peeler Rankin Richter Rose Saleeby Short Smith, G. Thomas Waldrep Wilson
On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. Armstrong:
Carnell Cave Cobb-Hunter Davenport Gamble Keyserling Kirsh Koon Lloyd Mason McAbee McElveen McTeer Phillips Rhoad Robinson Rogers Sharpe
Shissias Stoddard Walker White Wilder
The following named Representatives voted for Ms. Reddix-Smalls:
Anderson Breeland Brown, G. Brown, J. Byrd Clyburn Govan Hines, J. Hines, M. Howard Inabinett Lee McMahand Moody-Lawrence Neal Scott Whipper, L. Whipper, S. Wilkes Williams
The following named Representatives voted for Mrs. Thomas:
Allison Askins Bailey Baxley Boan Brown, H. Brown, T. Cain Cato Chamblee Cooper Cotty Cromer Dantzler Delleney Easterday Felder Fleming Fulmer Hallman Harrell Harris, J. Harvin Herdklotz Hodges Hutson Jaskwhich Jennings Keegan Kelley Kinon Klauber Knotts Lanford Law Limbaugh Limehouse Littlejohn Marchbanks Martin McCraw McKay Meacham Neilson Quinn Rice Richardson Riser Sandifer Seithel Simrill Smith, D. Smith, R. Spearman Stille Stuart Townsend Tripp Trotter Tucker Vaughn Waldrop Wells
Whatley Wilkins Witherspoon Wright Young Young-Brickell
Total Number of Senators voting. . . . .44
Total Number of Representatives voting. . . . .112
Grand Total. . . . .156
Necessary to a choice. . . . .79
Of which Mr. Armstrong received. . . . .36
Of which Ms. Reddix-Smalls received. . . . .26
Of which Mrs. Thomas received. . . . .94
Whereupon, the President announced that the Honorable Paula Thomas having received a majority of the votes cast, was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Circuit Court Judge, Ninth Judicial Circuit.
Rep. DELLENEY, on behalf of the Joint Screening Committee, stated that the following candidates had been screened and found qualified: Dale L. DuTremble, Joseph S. Mendelsohn, Daniel F. Pieper, William L. Runyon, Jr., and James Turner.
Rep. DELLENEY stated that the following candidates had withdrawn from the election: Joseph S. Mendelsohn, William L. Runyon, Jr. and James Turner.
On motion of Rep. DELLENEY, nominations were closed.
The following named Senators voted for Mr. DuTremble:
Cork Fair Gregory Land Lander Russell Setzler Short Washington
The following named Senators voted for Mr. Pieper:
Alexander Boan Bryan Courson Courtney Drummond
Elliott Ford Giese Hayes Holland Hutto Jackson Leatherman Martin Matthews McConnell McGill Mescher Moore O'Dell Passailaigue Patterson Peeler Rankin Reese Richter Rose Ryberg Saleeby Smith, G. Smith, J.V. Thomas Waldrep Wilson
On motion of Rep. FLEMING, with unanimous consent, the Members of the House voted by electronic roll call.
The following named Representatives voted for Mr. DuTremble:
Baxley Cain Cotty Cromer Fulmer Hallman Hodges Jennings Keegan Kirsh Lanford Limehouse Martin McAbee Richardson Rogers Seithel Simrill Spearman Tripp Tucker Wright
The following named Representatives voted for Mr. Pieper:
Allison Anderson Bailey Boan Breeland Brown, G. Brown, H. Brown, J. Byrd Carnell Cato Cave Chamblee Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Felder Fleming Gamble Govan Harrell Harris, J. Harvin Herdklotz Hines, J. Hines, M.
Howard Hutson Inabinett Jaskwhich Kelley Keyserling Kinon Klauber Knotts Koon Law Lee Limbaugh Littlejohn Lloyd Loftis Marchbanks Mason McCraw McElveen McKay McMahand McTeer Meacham Moody-Lawrence Neal Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Scott Sharpe Shissias Smith, D. Smith, R. Stille Stoddard Stuart Townsend Trotter Vaughn Waldrop Walker Wells Whatley Whipper, L. Whipper, S. White Wilder Wilkes Wilkins Williams Witherspoon Wofford Young Young-Brickell
Total Number of Senators voting. . . . .44
Total Number of Representatives voting. . . . .112
Grand Total. . . . .156
Necessary to a choice. . . . .79
Of which Mr. DuTremble received. . . . .31
Of which Mr. Pieper received. . . . .125
Whereupon, the President announced that Mr. Daniel F. Pieper having received a majority of the votes cast, was duly elected for the term prescribed by law.
The President announced that nominations were in order for a Family Court Judge, Thirteenth Judicial Circuit, Seat 1.
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