South Carolina General Assembly
119th Session, 2011-2012

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Bill 390

Indicates Matter Stricken
Indicates New Matter


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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

May 9, 2012

S. 390

Introduced by Senators Lourie, Jackson, Reese, Knotts, Alexander, Matthews, Campsen, McConnell, Cleary, Cromer, Rose and Ford

S. Printed 5/9/12--S.    [SEC 5/9/12 4:54 PM]

Read the first time January 19, 2011.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 390) to amend Section 23-3-115, as amended, Code of Laws of South Carolina, 1976, relating to fees for criminal record searches, so as to clarify, 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 striking all after the enacting words, and inserting:

/    SECTION    1.    Section 23-3-115(B) of the 1976 Code is amended to read:

"(B)    The fee allowed in subsection (A) is fixed at eight dollars if the criminal record search is conducted for a charitable organization, a bona fide mentor, or for the use of a charitable organization. An organization that is authorized to receive the reduced fee shall not charge the volunteer, mentor, member, or employee more than eight dollars or any additional fee that is not required by the State Law Enforcement Division. All criminal record searches conducted pursuant to this subsection must be for a volunteer, mentor, member, or employee performing in an official capacity of the organization and must not be resold. The division shall develop forms on which a mentor or charitable organization shall certify that the criminal record search is conducted for the use and benefit of the charitable organization or mentor. For purposes of this subsection, the phrase "charitable organization" means:

(1)    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;

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

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

(4)    local parks and recreation volunteers through a commission volunteers, municipality, or county.    "

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

Renumber sections to conform.

Amend title to conform.

LUKE A. RANKIN for Committee.

            

A BILL

TO AMEND SECTION 23-3-115, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FEES FOR CRIMINAL RECORD SEARCHES, SO AS TO CLARIFY THE DEFINITION OF CHARITABLE ORGANIZATIONS WHICH PAY A REDUCED FEE TO INCLUDE LOCAL PARK AND RECREATION VOLUNTEERS THROUGH A COMMISSION, MUNICIPALITY, OR COUNTY.

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

SECTION    1.    Section 23-3-115(B)(4) of the 1976 Code, as last amended by Act 353 of 2008, is further amended to read:

"(4)    local park and recreation volunteers through a commission volunteers , municipality, or county."

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

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