South Carolina General Assembly
113th Session, 1999-2000

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Bill 4566


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      4566
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000208
Primary Sponsor:                  Lourie
All Sponsors:                     Lourie and J. Smith
Drafted Document Number:          l:\council\bills\nbd\11652ac00.doc
Companion Bill Number:            1206
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Criminal record searches conducted by 
                                  State Law Enforcement Division, fees 
                                  established; Courts, Crimes and Offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000524  Recommitted to Committee               25 HJ
House   20000523  Request for debate withdrawn
                  by Representative                              Trotter
House   20000504  Request for debate withdrawn
                  by Representative                              Leach
House   20000426  Request for debate by Representative           Fleming
                                                                 Trotter
                                                                 Meacham-
                                                                 Richardson
                                                                 Kennedy
                                                                 Cato
                                                                 Leach
                                                                 Davenport
                                                                 Witherspoon
House   20000419  Committee report: Favorable with       25 HJ
                  amendment
------  20000303  Companion Bill No. 1206
House   20000208  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 19, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 19, 2000

H. 4566

Introduced by Reps. Lourie and J. Smith

S. Printed 4/19/00--H.

Read the first time February 8, 2000.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (H. 4566), 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, etc., respectfully

REPORT:

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, by deleting Section 23-3-60(B) and inserting:

/ (B) Notwithstanding subsection (A), the division shall charge eight dollars for a criminal record search conducted for, or for the use of, a for-profit nursing home, home health agency, community residential care facility as defined in section 40-35-20, an adult or child daycare center, a charitable organization or a bona fide mentor, or any entity that is mandated by state law to undergo criminal record searches conducted by the South Carolina Law Enforcement Division./

Renumber sections to conform.

Amend totals and title to conform.

JAMES H. HARRISON, for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

REVENUE IMPACT1

This bill is expected to reduce departmental revenues within the general fund by $161,415 in FY 2000-01.

Explanation

This bill creates a three-tiered fee structure for the State Law Enforcement Division (SLED) to conduct criminal record searches. A regular search, pursuant to regulations issued by SLED, would cost $25 whereas a search for a for-profit nursing home, home health agency, or an adult or child daycare center would cost $10 and a search for a charitable organization or a bona fide mentor would cost $8. All proceeds go to the general fund.

Currently, the $25 and $8 fees mentioned above are authorized by ongoing temporary proviso 56DD.8 in Part 1B of the State Budget. This bill adds a $10 fee for specific health/daycare facilities at a discount of $15 from the regular $25 criminal search fee. Based on information provided by SLED, approximately 10,761 searches would apply in FY 2000-01. Multiplying 10,761 by the discount of $15 would yield $161,415. Accordingly, the BEA expects this bill would reduce departmental revenues within the general fund by $161,415 in FY 2000-01.

Approved By:

William C. Gillespie

Board of Economic Advisors

1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.

A 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.

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