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COMMITTEE REPORT
April 19, 2000
H. 4566
S. Printed 4/19/00--H.
Read the first time February 8, 2000.
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
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.
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.
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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