Journal of the House of Representatives
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

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| Printed Page 4970, June 13 | Printed Page 4991, June 13 |
Printed Page 4980 . . . . . Thursday, June 13, 1996
If you can make one heap of all your winnings;

And risk it on one turn of pitch-and-toss,

And lose, and start again at your beginnings

And never breathe a word about your loss;

If you can force your heart and nerve and sinew

To serve your turn long after they after are gone,

And so hold on when there is nothing in you

Except the Will which says to them: "Hold on!"

If you can talk with crowds and keep your virtue,

Or walk with Kings--nor lose the common touch,

If neither foes nor loving friends can hurt you,

If all men count with you, but none too much;

If you can fill the unforgiving minute

With sixty seconds' worth of distance run,

Yours is the Earth and everything that's in it,

And--which is more--you'll be a Man, my son!

Rudyard Kipling [1865-1936]

The third element is from the Bible. It comes from the Book of St. Matthew, Chapter 5 which is one of my favorite parts of the Bible, the Sermon on the Mount. "Let your light so shine before men that they may see your good works, and glorify your Father which is in heaven." So taken together these three pillars of my philosophy mean work hard for other people but give the credit to the good Lord. These pillars have given me sustenance in my years of public service and I commend them to you.

Rep. HEYWARD G. HUTSON

STATEMENT BY REP. WOFFORD

Rep. SANDI WOFFORD made a statement relative to her service in the House of Representatives.

SPECIAL PRESENTATION

Rep. SPEARMAN presented to the House the Palmetto Girl State Constitutional officers and staff members.

SPEAKER IN CHAIR

Printed Page 4981 . . . . . Thursday, June 13, 1996
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it concurs in the amendments proposed by the House to S. 938:

S. 938 -- Senator Short: A BILL TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS HELD AT THE SAME TIME AS THE GENERAL ELECTION.
and has ordered the Bill Enrolled for Ratification.

Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has granted Free Conference Powers and appointed Senators Martin, Leventis and Lander of the Committee of Free Conference on the part of the Senate on H. 3446:

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND

Printed Page 4982 . . . . . Thursday, June 13, 1996
OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that the Report of the Committee of Free Conference having been adopted by both Houses ordered that the title be changed to that of an Act, and the Act enrolled for Ratification:

H. 3446 -- Rep. Sharpe: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 46-45-70 SO AS TO PROVIDE REQUIREMENTS FOR THE LOCATION OF AGRICULTURAL FACILITIES AND AGRICULTURAL WASTE DISPOSAL AREAS; TO AMEND SECTION 46-45-30, AS AMENDED, RELATING TO THE CIRCUMSTANCES UNDER WHICH AGRICULTURAL FACILITIES AND OPERATIONS ARE NOT NUISANCES, SO AS TO DELETE THE REQUIREMENT THAT THE FACILITY OR OPERATION MUST BE IN OPERATION FOR ONE YEAR OR MORE; AND TO AMEND SECTION 46-45-60, AS AMENDED, RELATING TO LOCAL ORDINANCES PERTAINING TO AGRICULTURAL FACILITIES AND OPERATIONS, SO AS TO PROVIDE FOR THE CONDITIONS UNDER WHICH RELATED PERMITS MUST NOT BE SUSPENDED, DENIED, OR REVOKED.
Very respectfully,
President

Received as information.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has overridden the veto by the Governor on R. 496, H. 5028 by a vote of 44 to 0.

Printed Page 4983 . . . . . Thursday, June 13, 1996
(R496) H. 5028 -- Reps. Neilson, Baxley and J. Hines: AN ACT TO PROVIDE FOR A REFERENDUM FOR THE CREATION OF THE J.C. DANIEL CENTER DISTRICT IN DARLINGTON COUNTY TO DETERMINE IF THE ELECTORS VOTING IN THE REFERENDUM FAVOR A TWO MILL TAX LEVY TO BE USED EXCLUSIVELY FOR THE RENOVATION AND OPERATION OF THE CENTER, AND PROVIDE THAT THE MILLAGE MUST BE REMOVED AFTER A TEN-YEAR PERIOD.
Very respectfully,
President

Received as information.

SENATE AMENDMENTS

CONCURRED IN AND BILL ENROLLED

The Senate returned to the House with amendments the following:

H. 4472 -- Reps. Klauber, Hallman, Seithel, H. Brown, Sandifer, Cain, Kirsh, Richardson, R. Smith, Bailey, Fulmer, Wofford, Young-Brickell, Dantzler, Koon, Wilkins, J. Young, Cato, Limbaugh, Carnell, J. Harris, Wells, Allison, Spearman, Waldrop and Phillips: A BILL TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CORRECTIONS AND PRISONERS, BY ADDING CHAPTER 27 SO AS TO REQUIRE SPECIFIED PAYMENTS OF FILING FEES AND COURT COSTS REGARDING INMATE LITIGATION, TO PROVIDE FOR THE LOSS OF EARNED WORK, EDUCATION, AND GOOD-TIME CREDITS BY A PRISONER IF THE COURT FINDS HE ENGAGED IN CERTAIN IMPROPER ACTIONS REGARDING LEGAL OR ADMINISTRATIVE PROCEEDINGS, AND TO PREVENT A PRISONER FROM BRINGING CERTAIN CIVIL ACTIONS OR APPEALS IF HE HAS BEEN FOUND ON THREE OR MORE PRIOR OCCASIONS OF HAVING INSTITUTED FRIVOLOUS LITIGATION.

Rep. LIMBAUGH explained the Senate amendments.

The Senate amendments were agreed to, and the Bill, having received three readings in both Houses, it was ordered that the title be changed to that of an Act, and that it be enrolled for ratification.

Printed Page 4984 . . . . . Thursday, June 13, 1996
MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully invites your Honorable Body to attend in the Senate Chamber at 1:00 P.M. today for the purpose of Ratifying Acts.

Very respectfully,
President

On motion of Rep. HASKINS the invitation was accepted.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has adopted the report of the Committee of Conference on S. 1101:

S. 1101 -- Senator Holland: A BILL TO AMEND SECTION 7-5-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO APPOINTMENT AND REMOVAL OF MEMBERS OF BOARDS OF VOTER REGISTRATION, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-5-35, RELATING TO ELECTION AND REGISTRATION COMMISSIONS, SO AS TO PROVIDE THAT MEMBERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION; TO AMEND SECTION 7-13-70, RELATING TO THE APPOINTMENT OF COUNTY COMMISSIONERS OF ELECTION AND MANAGERS OF ELECTION, SO AS TO PROVIDE THAT COMMISSIONERS MUST COMPLETE A TRAINING AND CERTIFICATION PROGRAM CONDUCTED BY THE STATE ELECTION COMMISSION, TO FURTHER DELETE PROVISIONS RELATING TO THE APPOINTMENT OF MANAGERS; AND TO ADD SECTION 7-13-72, RELATING TO THE APPOINTMENT OF MANAGERS AND CLERKS.
Very respectfully,
President

Printed Page 4985 . . . . . Thursday, June 13, 1996
S. 1101--ORDERED ENROLLED FOR RATIFICATION

The report of the Committee of Conference having been adopted by both Houses, and this Bill having been read three times in each House, it was ordered that the title thereof be changed to that of an Act, and that it be enrolled for ratification.

MESSAGE FROM THE SENATE

The following was received.
Columbia, S.C., June 13, 1996
Mr. Speaker and Members of the House:

The Senate respectfully informs your Honorable Body that it has appointed Senator Jackson as a replacement for Senator Stilwell of the Committee of Conference on the part of the Senate on H. 3515:

H. 3515 -- Reps. Harrison and Hodges: A BILL TO AMEND SECTION 2-13-190, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISTRIBUTION OF THE ADVANCE SHEETS OF STATUTES, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE ADVANCE SHEETS MUST BE DISTRIBUTED; AND TO AMEND SECTION 2-13-240, AS AMENDED, RELATING TO THE DISTRIBUTION OF SETS OF THE CODE OF LAWS OF SOUTH CAROLINA, SO AS TO REVISE THE PERSONS AND ENTITIES TO WHOM THE SETS MUST BE DISTRIBUTED.
Very respectfully,
President

Received as information.

H. 3515--CONFERENCE COMMITTEE REPLACEMENT

The SPEAKER appointed Rep. YOUNG-BRICKELL to replace Rep. KLAUBER on the Conference Committee on H. 3515.

RATIFICATION OF ACTS

At 1:00 P.M. the House attended in the Senate Chamber, where the following Acts and Joint Resolutions were duly ratified.

(R497) S. 95 -- Senators McConnell, Courson, Rose, Gregory and O'Dell: AN ACT TO AMEND SECTION 16-11-330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO INCLUDE ALLEGING BEING ARMED AND REASONABLY BELIEVING THE

Printed Page 4986 . . . . . Thursday, June 13, 1996
PERSON TO BE ARMED AND TO DELETE PROVISIONS RELATING TO THE SENTENCING OF A YOUTHFUL OFFENDER GUILTY OF THESE CRIMES; TO AMEND SECTIONS 20-7-2170 AND 20-7-2195, BOTH AS AMENDED, BOTH RELATING TO THE TRANSFER OF JUVENILES TO THE YOUTHFUL OFFENDER DIVISION, SO AS TO PROVIDE THAT THE BOARD OF JUVENILE PAROLE RATHER THAN THE DEPARTMENT OF CORRECTIONS HAS AUTHORITY FOR RELEASE OF SUCH JUVENILES; TO AMEND SECTION 24-19-10, AS AMENDED, RELATING TO DEFINITIONS UNDER THE YOUTHFUL OFFENDER ACT, SO AS TO REVISE THE DEFINITION OF "YOUTHFUL OFFENDER" TO EXCLUDE PERSONS COMMITTING VIOLENT CRIMES AND CLASS A, B, C, AND D FELONIES; TO AMEND SECTION 24-19-50, RELATING TO DISPOSITIONAL POWERS OF THE COURT UPON CONVICTION OF A YOUTHFUL OFFENDER, SO AS TO CLARIFY THAT A PERSON ONLY MAY BE SENTENCED ONCE AS A YOUTHFUL OFFENDER; AND TO REPEAL SECTION 24-13-610 RELATING TO THE EXTENDED WORK RELEASE PROGRAM, SECTION 24-13-620 RELATING TO REQUIREMENTS TO PARTICIPATE IN THE EXTENDED WORK RELEASE PROGRAM, AND SECTION 24-13-630 RELATING TO DUTIES OF THE DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM.

(R498) S. 506 -- Senator Saleeby: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-415 SO AS TO PROVIDE, AMONG OTHER THINGS, THAT UPON THE SUBMISSION OF DOCUMENTATION TO THE WORKERS' COMPENSATION COMMISSION THAT A CONTRACTOR OR SUBCONTRACTOR HAS REPRESENTED HIMSELF TO A HIGHER TIER SUBCONTRACTOR, CONTRACTOR, OR PROJECT OWNER AS HAVING WORKERS' COMPENSATION INSURANCE AT THE TIME THE CONTRACTOR OR SUBCONTRACTOR WAS ENGAGED TO PERFORM WORK, ONLY THE CONTRACTOR OR SUBCONTRACTOR WHO REPRESENTED HIMSELF AS HAVING WORKERS' COMPENSATION INSURANCE MAY BE CONSIDERED A STATUTORY EMPLOYER FOR CLAIMS FILED BY HIS EMPLOYEES UNDER THE WORKERS' COMPENSATION LAW, AND TO PROVIDE FOR THE IMPOSITION OF THE PENALTIES FOR FRAUD UNDER CERTAIN CIRCUMSTANCES.

Printed Page 4987 . . . . . Thursday, June 13, 1996
(R499) S. 556 -- Senator Russell: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 7, ARTICLE III OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO QUALIFICATIONS OF MEMBERS OF THE SOUTH CAROLINA SENATE OR HOUSE OF REPRESENTATIVES, AND PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE VI RELATING TO THE ELIGIBILITY FOR OFFICE OF ANY PERSON POPULARLY ELECTED TO ANY OFFICE OF THIS STATE OR THE POLITICAL SUBDIVISIONS OF THIS STATE, SO AS TO PROVIDE THAT NO PERSON IS ELIGIBLE FOR THESE OFFICES WHO HAS BEEN CONVICTED OF A FELONY UNDER STATE OR FEDERAL LAW OR A VIOLATION OF CERTAIN ELECTION LAWS, INCLUDING A PLEA OF GUILTY OR NOLO CONTENDERE TO THESE OFFENSES, AND PROVIDE THAT THIS PROHIBITION DOES NOT APPLY TO A PERSON WHO HAS BEEN PARDONED UNDER STATE OR FEDERAL LAW OR TO A PERSON WHO FILES FOR PUBLIC OFFICE FIFTEEN YEARS OR MORE AFTER THE COMPLETION DATE OF SERVICE OF THE SENTENCE, INCLUDING PROBATION AND PAROLE TIME, NOR SHALL ANY PERSON SERVING IN OFFICE PRIOR TO THE RATIFICATION OF THESE AMENDMENTS BE REQUIRED TO VACATE THE OFFICE TO WHICH HE IS ELECTED; AND PROPOSING AN AMENDMENT TO SECTION 4, ARTICLE II OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO VOTER QUALIFICATIONS, SO AS TO AUTHORIZE A PERSON WHO ATTAINS THE AGE OF EIGHTEEN BY THE FIRST TUESDAY FOLLOWING THE FIRST MONDAY IN NOVEMBER TO BE AN ELECTOR FOR THE CALENDAR YEAR IN WHICH THE PERSON HAS ATTAINED THE AGE OF EIGHTEEN.

(R500) S. 938 -- Senator Short: AN ACT TO PROVIDE THAT THE MEMBERS OF THE CHESTER COUNTY SCHOOL BOARD OF TRUSTEES MUST BE ELECTED IN NONPARTISAN ELECTIONS TO BE HELD AT THE SAME TIME AS THE GENERAL ELECTION, TO PROVIDE FOR THE APPLICABILITY OF THE NONPARTISAN ELECTION PROVISIONS TO SPECIFIC SEATS IN SPECIFIC YEARS, AND TO PROVIDE FOR CERTAIN ELECTION PROCEDURES IN REGARD TO THE CONDUCT OF THESE ELECTIONS.

(R501) S. 1028 -- Senators Hayes, Short and Peeler: AN ACT TO AMEND SECTION 5-15-145, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF AUTHORITY

Printed Page 4988 . . . . . Thursday, June 13, 1996
TO CONDUCT A MUNICIPAL ELECTION FROM A MUNICIPAL ELECTION COMMISSION TO A COUNTY ELECTION COMMISSION, SO AS TO PROVIDE FOR THE ABOLISHMENT OF A MUNICIPAL ELECTION COMMISSION WHEN THE TOTAL RESPONSIBILITY FOR THE CONDUCT OF A MUNICIPAL ELECTION IS TRANSFERRED TO A COUNTY ELECTION COMMISSION, PROHIBIT A MUNICIPALITY WHICH TRANSFERS A PORTION OF THE RESPONSIBILITIES FOR THE CONDUCT OF A MUNICIPAL ELECTION FROM ABOLISHING THE MUNICIPAL ELECTION COMMISSION; AND TO AMEND SECTION 5-7-140, RELATING TO THE EXTENSION OF POLICE JURISDICTION AND AUTHORITY OF A MUNICIPALITY BORDERING ON THE HIGH-TIDE LINE OF THE ATLANTIC OCEAN OR CERTAIN OTHER BODIES OF WATER TO THE AREA LYING BETWEEN THE HIGH-TIDE LINE AND THE LOW TIDE LINE, SO AS TO EXTEND THE CORPORATE LIMITS OF THESE MUNICIPALITIES TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH-TIDE LINE AND ONE MILE SEAWARD OF THE HIGH-TIDE LINE, AND IF THE MUNICIPALITY BORDERS ON THE HIGH WATER MARK OF A NAVIGABLE BODY OF WATER OTHER THAN THE ATLANTIC OCEAN, TO EXTEND ITS LIMITS TO INCLUDE ALL THAT AREA LYING BETWEEN THE HIGH WATER MARK AND THE LOW WATER MARK, TO MAKE THESE AREAS SUBJECT TO ALL ORDINANCES AND REGULATIONS THAT MAY BE APPLICABLE TO AREAS LYING WITHIN THE CORPORATE LIMITS OF THE MUNICIPALITY, AND TO GIVE MUNICIPAL COURTS JURISDICTION TO PUNISH INDIVIDUALS VIOLATING MUNICIPAL ORDINANCES WHERE THE MISDEMEANORS OCCURRED IN THE AREA DEFINED IN THIS SECTION.

(R502) S. 1037 -- Senators Leventis and Washington: AN ACT TO AMEND SECTION 16-17-510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE OFFENSE OF ENTICING AN ENROLLED CHILD FROM ATTENDANCE IN PUBLIC SCHOOLS, SO AS TO CREATE A FIRST OFFENSE VIOLATION OF A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS OR IMPRISONMENT FOR NOT LESS THAN THIRTY DAYS, OR BOTH, AND A SECOND OR SUBSEQUENT OFFENSE VIOLATION OF NOT LESS THAN ONE THOUSAND DOLLARS OR IMPRISONMENT FOR NOT LESS THAN TWO YEARS, OR BOTH.

Printed Page 4989 . . . . . Thursday, June 13, 1996
(R503) S. 1286 -- Judiciary Committee: AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-2725 SO AS TO PROHIBIT DAY CARE CENTERS OR HOMES FROM EMPLOYING PERSONS CONVICTED OF CERTAIN CRIMES OR PERSONS WHO ARE REQUIRED TO REGISTER UNDER THE SEX OFFENDER REGISTRY ACT, TO PROVIDE THAT A PERSON WHO HAS BEEN CONVICTED OF THESE DISQUALIFYING CRIMES WHO APPLIES FOR EMPLOYMENT WITH OR IS EMPLOYED BY SUCH A DAY CARE CENTER IS GUILTY OF A MISDEMEANOR AND PROVIDE PENALTIES FOR VIOLATION, TO REQUIRE EMPLOYMENT APPLICATIONS AT THESE DAY CARE CENTERS TO INCLUDE A STATEMENT NOTIFYING AN APPLICANT OF THIS CRIMINAL OFFENSE, TO REQUIRE FINGERPRINT REVIEWS FOR EMPLOYEES AND CAREGIVERS AT THESE DAY CARE CENTERS, TO ALLOW TEMPORARY OR PROVISIONAL EMPLOYMENT PENDING THE COMPLETION OF THE FINGERPRINT REVIEW IN CERTAIN CIRCUMSTANCES, TO WAIVE FINGERPRINT REVIEWS FOR CERTAIN PERSONS, AND TO PROVIDE FOR THE APPLICABILITY OF THIS SECTION IN REGARD TO EMPLOYEES AT THESE DAY CARE CENTERS; TO ADD SECTION 20-7-3092 SO AS TO PROVIDE THAT FINGERPRINT REVIEWS ARE NOT REQUIRED OF CERTAIN CERTIFIED EDUCATION PERSONNEL AND LICENSED FOSTER PARENTS; TO AMEND SECTION 17-22-90, RELATING TO AGREEMENTS REQUIRED OF OFFENDERS IN PRETRIAL INTERVENTION PROGRAMS, SO AS TO PROVIDE THAT IF THE OFFENSE IS COMMITTING OR ATTEMPTING TO COMMIT A LEWD ACT UPON A CHILD UNDER SIXTEEN YEARS OF AGE, THE OFFENDER IN HIS AGREEMENT WITH THE SOLICITOR'S OFFICE SHALL AGREE TO ALLOW INFORMATION ABOUT THE OFFENSE TO BE MADE AVAILABLE TO DAY CARE CENTERS AND OTHER FACILITIES PROVIDING CARE TO CHILDREN; TO AMEND SECTION 20-7-2700, AS AMENDED, RELATING TO DEFINITIONS IN REGARD TO CHILD DAY CARE FACILITIES, SO AS TO REVISE CERTAIN EXCEPTIONS AS TO WHAT IS NOT CONSIDERED A CHILD DAY CARE FACILITY; TO AMEND 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, RELATING TO DAY CARE FACILITY LICENSING, APPROVAL, REGISTRATIONS, AND RENEWALS, SO AS TO REVISE THE CRIMINAL OFFENSES WHICH PRECLUDE A PERSON FROM OBTAINING A LICENSE,
Printed Page 4990 . . . . . Thursday, June 13, 1996
APPROVAL, REGISTRATION, OR RENEWAL, TO FURTHER PROVIDE FOR WHEN FINGERPRINT REVIEWS ARE REQUIRED, TO FURTHER PROVIDE FOR CERTAIN EMPLOYMENT CONDITIONS AT THESE FACILITIES, AND TO FURTHER PROVIDE FOR THE LICENSING AND APPROVAL PROCESS REGARDING THESE FACILITIES; TO AMEND SECTION 20-7-2905, RELATING TO FEES FOR CRIMINAL HISTORY REVIEWS, SO AS TO PROVIDE THAT THE STATE LAW ENFORCEMENT DIVISION MAY NOT IMPOSE A FEE GREATER THAN THAT OF THE FEDERAL BUREAU OF INVESTIGATION FOR CONDUCTING SUCH REVIEWS; TO AMEND SECTION 20-7-3097, RELATING TO FINGERPRINT REVIEWS OF EMPLOYEES OF THE DEPARTMENT OF SOCIAL SERVICES IN ITS DAY CARE LICENSING OR CHILD PROTECTIVE SERVICES DIVISION, SO AS TO REVISE THE LIST OF CRIMES WHICH PRECLUDE THE EMPLOYMENT OF SUCH PERSONS, PERMIT THE PROVISIONAL EMPLOYMENT OF THESE EMPLOYEES UNDER CERTAIN CONDITIONS, AND TO MAKE IT UNLAWFUL FOR A PERSON WHO HAS BEEN CONVICTED OF ONE OF THE DISQUALIFYING CRIMES REFERENCED ABOVE TO APPLY FOR SUCH EMPLOYMENT, TO PROVIDE FOR CERTAIN PERSONS WHO ARE NOT REQUIRED TO UNDERGO A STATE FINGERPRINT REVIEW, TO PROVIDE THAT PARTICIPATION IN THE STATE EMPLOYEE ADOPTION ASSISTANCE PROGRAM IS EXTENDED TO LOCAL LAW ENFORCEMENT OFFICERS; AND TO AMEND ARTICLE 7, CHAPTER 3 OF TITLE 23, RELATING TO THE SEX OFFENDER REGISTRY, SO AS TO FURTHER PROVIDE FOR THE ADMINISTRATION OF THE REGISTRY BY THE STATE LAW ENFORCEMENT DIVISION, FOR THE CRIMES AND OTHER CIRCUMSTANCES FOR WHICH REGISTRATION IS REQUIRED, AND FOR THE PERSONS TO WHOM THESE PROVISIONS APPLY, TO FURTHER PROVIDE FOR THE CONDITIONS OF AND PROCEDURES FOR REGISTRATION, TO REVISE THE PENALTIES FOR FAILURE TO REGISTER, TO MAKE IT UNLAWFUL TO KNOWINGLY GIVE FALSE INFORMATION WHEN REGISTERING AND PROVIDE PENALTIES FOR VIOLATION, TO PROVIDE FOR EXCEPTIONS AND MODIFICATIONS TO THE REGISTRATION REQUIREMENTS, AND TO PROVIDE FOR THE MANNER IN WHICH INFORMATION IN THE REGISTRY IS OPEN TO THE PUBLIC AND MAY BE DISCLOSED.

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