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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 27, 2004
H. 3552
Introduced by Reps. Lourie, J.E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett
S. Printed 5/27/04--S.
Read the first time April 15, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS AND AN ANIMAL CONTROL OFFICER WITHIN THE SECTION AND MAKE A TECHNICAL CORRECTION; AND TO AMEND SECTION 43-35-25, RELATING TO PERSONS REQUIRED TO REPORT ABUSE, NEGLECT, OR EXPLOITATION OF VULNERABLE ADULTS, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A SOCIETY INCORPORATED FOR THE PREVENTION OF CRUELTY TO ANIMALS OR AN ANIMAL CONTROL OFFICER WITHIN THE SECTION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1 of Title 47 of the 1976 Code is amended by adding:
"Section 47-1-45. (A) A Department of Social Services employee or an Adult Protective Services employee, acting within the course and scope of his employment, who knows or reasonably believes that an animal has been abandoned or ill treated as set forth in this chapter or has been injured or killed through participation in animal fighting or baiting as prohibited by law shall report the known or suspected instance of animal cruelty or animal fighting or baiting to an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, to an animal control officer, or to a law enforcement agency.
(B) A Department of Social Services employee or an Adult Protective Services employee, acting within the course and scope of his employment, who reports animal cruelty, fighting, baiting, abuse, or neglect pursuant to this section is immune from liability under this section and the provisions of Section 20-7-540 and Section 43-35-75.
(C) A veterinarian who has reasonable cause to believe or other person who has actual cause to believe that an animal has been abandoned or cruelly treated as set forth in this chapter or has been injured or killed through participation in animal fighting or baiting as prohibited by Section 16-27-10 or another provision of law shall report the incident to an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, to an animal control officer, or to a law enforcement agency. A veterinarian or person who makes a report pursuant to this section or who participates in an investigation or judicial proceeding resulting from the report, acting in good faith, is immune from civil and criminal liability which might otherwise result by reason of these actions. In the civil or criminal proceedings, good faith is rebuttably presumed."
SECTION 2. Section 20-7-510(A) of the 1976 Code, as last amended by an act of 2002, bearing ratification number 463, is further amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner or coroner or an employee of a county medical examiner's or coroner's office or any other medical, emergency medical services, mental health, or allied health professional or Christian Science practitioner, religious healer, school teacher, counselor, principal, assistant principal, social or public assistance worker, substance abuse treatment staff, or childcare worker in any a childcare center or foster care facility, police or law enforcement officer, undertaker, funeral home director or employee of a funeral home, persons person responsible for processing of films film, computer technician, officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, animal control officer, or any judge shall report in accordance with this section when in the person's professional capacity the person has received information which gives the person reason to believe that a child's physical or mental health or welfare has been or may be adversely affected by abuse or neglect."
SECTION 3. Section 43-35-25(A) of the 1976 Code, as added by Act 110 of 1993, is amended to read:
"(A) A physician, nurse, dentist, optometrist, medical examiner, coroner, other medical, mental health or allied health professional, Christian Science practitioner, religious healer, school teacher, counselor, psychologist, mental health or mental retardation specialist, social or public assistance worker, caregiver, staff or volunteer of an adult daycare center or of a facility, an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, animal control officer, or law enforcement officer having reason to believe that a vulnerable adult has been or is likely to be abused, neglected, or exploited shall report the incident in accordance with this section. Any other person who has actual knowledge that a vulnerable adult has been abused, neglected, or exploited shall report the incident in accordance with this section."
SECTION 4. Chapter 1, Title 43 of the 1976 Code is amended by adding:
"Section 43-1-85. The department may impose monetary penalties against a person, facility, or other entity for violation of statutes or regulations pertaining to programs that the department regulates. Penalties collected must be retained by the department and used to pay for technical assistance and training to benefit regulated individuals and programs. The department shall promulgate regulations for each program in which penalties may be imposed. The regulations must include guidance on the decision to assess a penalty, the effect of failure to pay a penalty timely, and a schedule of penalty ranges that takes into account severity and frequency of violations. These regulations must provide for notice of the penalty and the right to a contested case hearing before a designee of or panel appointed by the state director. Judicial review of the final agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final revocation and denial decisions in that particular program. The department, in accordance with regulations promulgated pursuant to this section, has discretion in determining the appropriateness of assessing a monetary penalty against a person or facility and the amount of the penalty. The authority to assess monetary penalties is in addition to other statutory provisions authorizing the department to seek injunctive relief or to deny, revoke, suspend, or otherwise restrict or limit a license or other types of operating or practice registrations, approvals, or certificates."
SECTION 5. Subarticle 1, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2255. Standard licenses for residential group homes and child caring institutions are effective for two years from the date of issuance unless revoked or otherwise terminated before the expiration date."
SECTION 6. This act takes effect upon approval by the Governor.
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