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Current Status Bill Number:View additional legislative information at the LPITS web site.3156 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010109 Primary Sponsor:Lourie All Sponsors:Lourie Drafted Document Number:l:\council\bills\nbd\11041ac01.doc Companion Bill Number:491 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 ______ ________ ______________________________________ _______ ____________ ------ 20010323 Companion Bill No. 491 House 20010109 Introduced, read first time, 25 HJ referred to Committee House 20001220 Prefiled, referred to Committee 25 HJ 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 AN EIGHT DOLLAR FEE WHEN CONDUCTED FOR A FOR-PROFIT NURSING HOME, HOME HEALTH AGENCY, COMMUNITY RESIDENTIAL CARE FACILITY, AN ADULT OR CHILD DAYCARE CENTER, 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 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.
(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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