H*4248(Rat #0198, Act #0168 of 2010)  General Bill, By Horne, Allison, Daning, 
Long, Littlejohn, Wylie, Gunn, Ballentine, Clemmons and Loftis

Similar(S 953, S 978)
 AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 59-19-117 SO AS TO REQUIRE AN INDIVIDUAL HIRED TO SERVE IN ANY CAPACITY IN A
 PUBLIC SCHOOL DISTRICT TO UNDERGO A CRIMINAL RECORD SEARCH BY THE SOUTH
 CAROLINA LAW ENFORCEMENT DIVISION, TO REQUIRE THE DISTRICT BOARD TO ADOPT A
 WRITTEN POLICY ON THE CRIMINAL RECORD SEARCHES, AND TO PROVIDE FOR TRAINING
 FOR APPROPRIATE DISTRICT PERSONNEL ON THE CRIMINAL RECORD SEARCHES; TO REQUIRE
 EACH SCHOOL DISTRICT TO PERFORM A NATIONAL SEX OFFENDER REGISTRY CHECK ON ALL
 DISTRICT EMPLOYEES AND ON CERTAIN VOLUNTEERS, TO PROVIDE FOR TRAINING FOR
 APPROPRIATE DISTRICT PERSONNEL ON APPROPRIATE USES OF THE DATABASE, AND TO
 REQUIRE EACH DISTRICT BOARD TO ADOPT A WRITTEN POLICY ON THE SEX OFFENDER
 REGISTRY CHECK; AND TO AMEND SECTION 23-3-115, RELATING TO FEES FOR CRIMINAL
 RECORD SEARCHES, SO AS TO PROVIDE FOR WAIVER OF THE FEE IMPOSED FOR A CRIMINAL
 RECORD SEARCH WHEN IT IS CONDUCTED ON A SUBSTITUTE TEACHER ON BEHALF OF A
 SCHOOL DISTRICT. - ratified title

   12/15/09  House  Prefiled
   12/15/09  House  Referred to Committee on Education and Public Works
   01/12/10  House  Introduced and read first time HJ-45
   01/12/10  House  Referred to Committee on Education and Public
                     Works HJ-46
   01/14/10  House  Member(s) request name added as sponsor: Ballentine
   02/25/10  House  Committee report: Favorable with amendment
                     Education and Public Works HJ-5
   02/26/10         Scrivener's error corrected
   02/26/10         Scrivener's error corrected
   03/02/10  House  Member(s) request name added as sponsor: Clemmons
   03/03/10  House  Member(s) request name added as sponsor: Loftis
   03/03/10  House  Debate interrupted HJ-19
   03/03/10  House  Amended HJ-90
   03/03/10  House  Read second time HJ-91
   03/04/10  House  Read third time and sent to Senate HJ-16
   03/09/10  Senate Introduced and read first time SJ-6
   03/09/10  Senate Referred to Committee on Education SJ-6
   03/25/10  Senate Committee report: Favorable with amendment
                     Education SJ-14
   03/26/10         Scrivener's error corrected
   03/30/10  Senate Committee Amendment Amended and Adopted SJ-17
   03/30/10  Senate Read second time SJ-17
   03/31/10         Scrivener's error corrected
   03/31/10  Senate Read third time and returned to House with
                     amendments SJ-14
   04/20/10  House  Concurred in Senate amendment and enrolled HJ-90
   04/20/10  House  Roll call Yeas-92  Nays-1 HJ-90
   05/06/10         Ratified R 198
   05/11/10         Signed By Governor
   05/21/10         Effective date 05/11/10
   05/25/10         Act No. 168

(A168, R198, H4248)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-19-117 SO AS TO REQUIRE AN INDIVIDUAL HIRED TO SERVE IN ANY CAPACITY IN A PUBLIC SCHOOL DISTRICT TO UNDERGO A CRIMINAL RECORD SEARCH BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, TO REQUIRE THE DISTRICT BOARD TO ADOPT A WRITTEN POLICY ON THE CRIMINAL RECORD SEARCHES, AND TO PROVIDE FOR TRAINING FOR APPROPRIATE DISTRICT PERSONNEL ON THE CRIMINAL RECORD SEARCHES; TO REQUIRE EACH SCHOOL DISTRICT TO PERFORM A NATIONAL SEX OFFENDER REGISTRY CHECK ON ALL DISTRICT EMPLOYEES AND ON CERTAIN VOLUNTEERS, TO PROVIDE FOR TRAINING FOR APPROPRIATE DISTRICT PERSONNEL ON APPROPRIATE USES OF THE DATABASE, AND TO REQUIRE EACH DISTRICT BOARD TO ADOPT A WRITTEN POLICY ON THE SEX OFFENDER REGISTRY CHECK; AND TO AMEND SECTION 23-3-115, RELATING TO FEES FOR CRIMINAL RECORD SEARCHES, SO AS TO PROVIDE FOR WAIVER OF THE FEE IMPOSED FOR A CRIMINAL RECORD SEARCH WHEN IT IS CONDUCTED ON A SUBSTITUTE TEACHER ON BEHALF OF A SCHOOL DISTRICT.

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

Individuals hired by districts to undergo criminal record searches; board policy on criminal record searches; training on criminal record searches; employees and certain volunteers hired by district to undergo National Sex Offender Registry check; training on the sex offender registry check; board policy on the sex offender registry check

SECTION    1.    Chapter 19, Title 59 of the 1976 Code is amended by adding:

"Section 59-19-117.    (A)    An individual hired by a local school district board of trustees to serve in any capacity in a public school in this State shall undergo a name-based South Carolina criminal record search conducted by the local school district using records maintained by the State Law Enforcement Division pursuant to regulations contained in subarticle 1, Article 3, Chapter 73 of the Code of Regulations. By August 1, 2010, a school district board of trustees shall adopt a written policy that specifies the required criminal record search as well as how the information received from the search impacts hiring decisions. The district policy must stipulate whether the district assumes the cost of the criminal record search or that the applicant assumes the cost. The policy must include, at a minimum, a prohibition of hiring individuals convicted of violent crimes as defined in Section 16-1-60 and hiring recommendations relative to felony convictions and relevant just-cause examples provided in Section 59-25-160. The South Carolina Law Enforcement Division, working with the Department of Education, shall provide training to appropriate school district personnel regarding appropriate use of the information provided in criminal record searches.

(B)    Each school district of this State shall perform a National Sex Offender Registry check on all district employees hired to serve in any capacity in a public school and all volunteers who work in a school on an interim or regular basis as mentors, coaches, or any other capacity, or volunteers who serve as student chaperones or any other capacity having direct interaction with students. The South Carolina Law Enforcement Division, working with the Department of Education, shall provide training to appropriate district personnel on the appropriate uses of the database. By August 1, 2010, the district board of trustees shall adopt a written policy that specifies the sex offender registry check as well as how information received from the search impacts hiring decisions. The policy must include, at a minimum, a prohibition of hiring individuals required to register as sex offenders pursuant to Section 23-3-430."

Waiver of fee for criminal record search on substitute teachers

SECTION    2.    Section 23-3-115 of the 1976 Code, as last amended by Act 353 of 2008, is further amended by adding:

"(C)    The fee allowed in subsection (A) is waived if the criminal record search is conducted on a substitute teacher on behalf of a school district."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 6th day of May, 2010.

Approved the 11th day of May, 2010.