Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 13, 2005
H. 3467
S. Printed 4/13/05--H.
Read the first time February 3, 2005.
To whom was referred a Bill (H. 3467) 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 fines for, etc., respectfully
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 43-1-85 page 1, line 36 after /programs/ by inserting /, other than foster home licensing,/. So when amended Section 43-1-85 reads:
/ "Section 43-1-85. The department may impose civil fines against a person, facility, or other entity for violation of statutes or regulations pertaining to programs, other than foster home licensing, that the department regulates. Fines collected must be remitted to the State Treasurer for deposit in the general fund. The department shall promulgate regulations containing program requirements for each program in which fines may be imposed. The regulations must include guidance on the decision to assess a fine, the effect of failure to pay a fine timely, and a schedule of fine ranges that takes into account severity and frequency of violations. These regulations must provide for notice of the fine 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 fine 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 civil fine against a person or facility and the amount of the fine. The authority to assess fines 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."/
Renumber sections to conform.
Amend title to conform.
JOE E. BROWN for Committee.
EXPLANATION OF IMPACT:
The Department of Social Services indicates that this bill would have no impact on the General Fund of the State or federal and/or other funds.
SPECIAL NOTES:
The Board of Economic Advisors is the appropriate entity to address any revenue impact associated with this Bill. The Bill states that fines collected shall be deposited in the General Fund of the State.
Approved By:
Don Addy
Office of State Budget
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 FINES FOR VIOLATIONS OF STATUTES AND REGULATIONS RELATING PROGRAMS REGULATED BY THE DEPARTMENT AND TO REQUIRE THE DEPARTMENT TO PROMULGATE REGULATIONS CONTAINING REQUIREMENTS FOR EACH PROGRAM THE DEPARTMENT REGULATES, INCLUDING PROVISIONS TO ESTABLISH GUIDELINES FOR IMPOSING FINES AND RANGES OF FINES; AND TO ADD SECTION 20-7-2255 SO AS TO PROVIDE THAT LICENSURE FOR GROUP HOMES, CHILD CARING INSTITUTIONS, AND CHILD PLACING AGENCIES ARE EFFECTIVE FOR TWO YEARS AND THAT FIRE INSPECTIONS MUST BE CONDUCTED ANNUALLY FOR GROUP HOMES AND CHILD CARING INSTITUTIONS.
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. The department may impose civil fines against a person, facility, or other entity for violation of statutes or regulations pertaining to programs that the department regulates. Fines collected must be remitted to the State Treasurer for deposit in the general fund. The department shall promulgate regulations containing program requirements for each program in which fines may be imposed. The regulations must include guidance on the decision to assess a fine, the effect of failure to pay a fine timely, and a schedule of fine ranges that takes into account severity and frequency of violations. These regulations must provide for notice of the fine 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 fine 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 civil fine against a person or facility and the amount of the fine. The authority to assess fines 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 2. 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, child caring institutions and child placing agencies are effective for two years from the date of issuance or renewal unless revoked or otherwise terminated before the expiration date. Fire inspections required for licensing or renewal of residential group homes and child caring institutions must be conducted annually."
SECTION 3. Section 1 of this act takes effect upon approval by the Governor, and Section 2 of this act takes effect six months after approval by the Governor and applies to licenses issued or renewed on or after the effective date of this act.
This web page was last updated on Tuesday, June 23, 2009 at 2:24 P.M.