Download This Bill in Microsoft Word format

Bill 1206

                    Current Status

Bill Number:                      1206
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000301
Primary Sponsor:                  Wilson
All Sponsors:                     Wilson and Reese
Drafted Document Number:          l:\council\bills\dka\3745mm00.doc
Companion Bill Number:            4566
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Criminal record searches conducted by 
                                  State Law Enforcement Division, fees 
                                  established; Courts, Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000303  Companion Bill No. 4566
Senate  20000301  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-60 SO AS TO ESTABLISH A TWENTY-FIVE DOLLAR FEE FOR CRIMINAL RECORD SEARCHES CONDUCTED BY THE STATE LAW ENFORCEMENT DIVISION AND TO PROVIDE A TEN DOLLAR FEE WHEN CONDUCTED FOR A FOR-PROFIT NURSING HOME, HOME HEALTH AGENCY, OR AN ADULT OR CHILD DAYCARE CENTER AND AN EIGHT DOLLAR FEE WHEN CONDUCTED FOR A CHARITABLE ORGANIZATION OR A BONA FIDE MENTOR.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 23-3-60. (A) The State Law Enforcement Division shall charge twenty-five dollars for a criminal record search conducted pursuant to regulations promulgated by the division, and these fees must be remitted to the general fund.

(B) Notwithstanding subsection (A), the division shall charge ten dollars for a criminal record search conducted for, or for the use of, a for-profit nursing home, home health agency, or an adult or child daycare center and eight dollars for a search conducted for, or for the use of, a charitable organization or a bona fide mentor.

The entity or person requesting the criminal record search shall certify, on forms developed and provided by the division, for whom the search is being conducted.

(C) For purposes of this section:

(1) 'For profit' means an entity doing business in this State and organized other than under Chapter 31, Title 33, Nonprofit Corporation Act.

(2) 'Charitable organization' means:

(a) an organization which has been determined to be exempt from taxation under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended;

(b) a bona fide church, including an institution such as a synagogue or mosque;

(c) volunteers of a local recreation commission;

(d) an organization which has filed a statement of registration or exemption under the Solicitation of Charitable Funds Act, Chapter 56, Title 33."

SECTION 2. This act takes effect upon approval by the Governor.

This web page was last updated on Wednesday, December 9, 2009 at 9:10 A.M.