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H. 4747
STATUS INFORMATION
General Bill
Sponsors: Reps. Simrill, Delleney, Kirsh, McCraw, Moody-Lawrence, Richardson, Emory and J.E. Smith
Document Path: l:\council\bills\gjk\20930ac04.doc
Introduced in the House on February 11, 2004
Introduced in the Senate on April 29, 2004
Last Amended on April 28, 2004
Currently residing in the Senate Committee on Medical Affairs
Summary: DSS fees and penalties authorized
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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2/11/2004 House Introduced and read first time HJ-38
2/11/2004 House Referred to Committee on Ways and Means HJ-39
4/22/2004 House Committee report: Favorable with amendment Ways and
Means HJ-15
4/26/2004 Scrivener's error corrected
4/27/2004 House Member(s) request name added as sponsor: Emory
4/28/2004 House Member(s) request name added as sponsor: J.E.Smith
4/28/2004 House Amended HJ-94
4/28/2004 House Read second time HJ-96
4/29/2004 House Read third time and sent to Senate HJ-20
4/29/2004 Senate Introduced and read first time SJ-9
4/29/2004 Senate Referred to Committee on Medical Affairs SJ-9
4/29/2004 Scrivener's error corrected
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
2/11/2004
4/22/2004
4/26/2004
4/28/2004
4/29/2004
AMENDED
April 28, 2004
H. 4747
Introduced by Reps. Simrill, Delleney, Kirsh, McCraw, Moody-Lawrence, Richardson, J.E. Smith and Emory
S. Printed 4/28/04--H. [SEC 4/29/04 3:34 PM]
Read the first time February 11, 2004.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 43-1-85 SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL SERVICES TO IMPOSE LICENSURE, PERMIT, AND RENEWAL FEES ON APPLICANTS IN PROGRAMS THE DEPARTMENT REGULATES, TO AUTHORIZE THE DEPARTMENT TO IMPOSE MONETARY PENALTIES FOR VIOLATIONS PERTAINING TO THESE PROGRAMS, TO PROVIDE THAT THE DEPARTMENT SHALL PROVIDE FOR THE USE OF FEES AND PENALTIES COLLECTED, AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS TO CARRY OUT THESE PROVISIONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 43 of the 1976 Code is amended by adding:
Section 43-1-85. (A) When the department determines that a facility is in violation of any statutory provision or regulation relating to the operation or maintenance of the facility, the department, upon proper notice, may require corrective action, deny, or revoke a license or other operating permit, or impose a monetary penalty. For purposes of this section, the term 'facility' refers to child caring institutions, children's residential group homes, and child daycare facilities.
(B) Violations determined pursuant to subsection (A) are classified as follows:
(1) Class I violations are those that the department determines to present an imminent danger to the health, safety, or well-being of persons in the facility or a substantial probability that death or serious physical harm could result therefrom. A physical condition or one or more practices, means, methods, or operations in use in a facility may constitute such a violation. The condition or practice constituting a Class I violation must be abated or eliminated immediately unless a fixed period of time, as stipulated by the department, is required for correction. Each day the violation exists after expiration of the time established by the department is considered a subsequent violation.
(2) Class II violations are those, other than Class I violations, that the department determines to have a negative impact on the health, safety, or well-being of children in the facility. The citation of a Class II violation must specify the time within which the violation must be corrected. Each day such violation exists after expiration of this time is considered a subsequent violation.
(3) Class III violations are those that are not classified as Class I or II. The citation of a Class III violation must specify the time within which the violation is required to be corrected. Each day the violation exists after expiration of this time is considered a subsequent violation.
(C) In arriving at a decision to take enforcement actions, the department shall consider the following factors:
(1) specific conditions and their impact or potential impact on health, safety, or well-being of the children;
(2) efforts by the facility to correct cited violations;
(3) behavior of the operator or licensee that would reflect negatively on the operator's or the licensee's character such as illegal/illicit activities;
(4) overall conditions;
(5) history of compliance and history of violations; and
(6) any other conditions pertinent to standards found in statutes and regulations.
(D) A facility must have an opportunity to correct a violation before enforcement action is imposed unless the department determines that because of the frequency or severity of violations or the severity of a single violation, an opportunity to cure would not provide adequate protection to children, or that providing an opportunity to cure would be futile.
(E) When the department requires corrective action, the facility and the department shall enter into a written plan of correction. The corrective action plan shall describe:
(1) the actions taken or to be taken to correct each cited deficiency;
(2) the actions taken or to be taken to prevent recurrences (actual and similar); and
(3) the actual or expected completion dates of those actions.
The department has the discretion to accept, reject, or modify corrective action proposed by the facility.
(F) When a decision is made to impose monetary penalties, the following schedule must be used as a guide to determine the dollar amount: Frequency of violation of standard within a 36-month period:
FREQUENCY CLASS I CLASS II CLASS III
1st $500-1,500 $300-800 $100-300
2nd 1,000-3,000 500-1,500 300-800
3rd 2,000-5,000 1,000-3,000 500-1,500
4th 5,000 2,000-5,000 1,000-3,000
5th 7,500 5,000 2,000-5,000
6th 10,000 7,500 5,000
(G) Any enforcement action taken by the department may be appealed in the manner provided for in statute or regulation for appeal of revocations and denials.
(H) Notwithstanding any other provision of law providing for the crediting of monetary penalty revenues, all penalty revenues attributable to enforcement actions pursuant to this section must be credited to the general fund of the State.
SECTION 2. This act takes effect upon approval by the Governor.
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