S 1046 General Bill, By Lourie

Similar(H 4476)
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 40-1-145 SO AS TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION
 TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR A PRACTICE
 AUTHORIZATION AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE SUCH A BACKGROUND
 CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING; TO AMEND
 SECTION 40-1-90, RELATING TO DISCIPLINARY PROCEEDINGS, SO AS TO AUTHORIZE THE
 DEPARTMENT TO PROMULGATE REGULATIONS TO ESTABLISH PROCEDURES FOR CONDUCTING
 CONTESTED CASE PROCEEDINGS; AND TO AMEND SECTION 40-1-180, AS AMENDED,
 RELATING TO COLLECTION OF COSTS AND FINES IMPOSED PURSUANT TO A PROCEEDING
 CONDUCTED BY THE DEPARTMENT, SO AS TO PROVIDE THAT COSTS AND FINES IMPOSED BY
 THE DEPARTMENT ARE SUBJECT TO THE SET-OFF DEBT COLLECTION ACT.

   01/30/08  Senate Introduced and read first time SJ-9
   01/30/08  Senate Referred to Committee on Labor, Commerce and
                     Industry SJ-9

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 40-1-145 SO AS TO AUTHORIZE THE DEPARTMENT OF LABOR, LICENSING AND REGULATION TO REQUIRE A CRIMINAL HISTORY BACKGROUND CHECK OF AN APPLICANT FOR A PRACTICE AUTHORIZATION AND TO AUTHORIZE THE DEPARTMENT TO REQUIRE SUCH A BACKGROUND CHECK IN CONNECTION WITH AN INVESTIGATION OR DISCIPLINARY PROCEEDING; TO AMEND SECTION 40-1-90, RELATING TO DISCIPLINARY PROCEEDINGS, SO AS TO AUTHORIZE THE DEPARTMENT TO PROMULGATE REGULATIONS TO ESTABLISH PROCEDURES FOR CONDUCTING CONTESTED CASE PROCEEDINGS; AND TO AMEND SECTION 40-1-180, AS AMENDED, RELATING TO COLLECTION OF COSTS AND FINES IMPOSED PURSUANT TO A PROCEEDING CONDUCTED BY THE DEPARTMENT, SO AS TO PROVIDE THAT COSTS AND FINES IMPOSED BY THE DEPARTMENT ARE SUBJECT TO THE SET-OFF DEBT COLLECTION ACT.

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

SECTION    1.    Chapter 1, Title 40 of the 1976 Code is amended by adding:

"Section 40-1-145.    (A)    In addition to other requirements established by law and for the purpose of determining an applicant's eligibility for a practice authorization, the department may require a criminal history background check. Each applicant may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division, a governmental entity in another state, and the Federal Bureau of Investigation. Costs of conducting a criminal history background check must be borne by the applicant. The department shall keep information received pursuant to this section confidential, except that information relied upon in denying licensure may be disclosed as may be necessary to support the administrative action.

(B)    In an investigation or disciplinary proceeding concerning a person authorized to practice a profession or occupation, the department may require a criminal history background check. The person authorized to practice may be required to furnish a full set of fingerprints and additional information required to enable a criminal history background check to be conducted by the State Law Enforcement Division, a governmental entity in another state, and the Federal Bureau of Investigation. Costs of conducting a criminal history background check must be borne by the department and may be recovered as administrative costs associated with an investigation or hearing pursuant to this chapter unless ordered by the board as a cost in a disciplinary proceeding. The department shall keep information received pursuant to this section confidential, except that information relied upon in an administrative action may be disclosed as may be necessary to support the administrative action."

SECTION    2.    Section 40-1-90 of the 1976 Code, as added by Act 289 of 2004, is amended by adding at the end:

"(C)    The department may promulgate regulations for the purpose of establishing procedures, in accordance with the Administrative Procedures Act, for conducting contested case proceedings before the boards and commissions administered under this title."

SECTION    3.    Section 40-1-180(A) of the 1976 Code, as last amended by Act 289 of 2004, is further amended to read:

"(A)    All costs and fines imposed pursuant to this article and the respective boards' licensing acts are due and payable immediately upon imposition or at the time indicated by final order of the board. Unless the costs and fines are paid within sixty days after the order becomes final, the order becomes a judgment and may be filed and executed upon in the same manner as a judgment in the court of common pleas, and the board may collect costs and attorneys' fees incurred in executing the judgment. Interest at the legal rate accrues on the amount due from the date imposed until the date paid. All costs and fines are subject to the collection and enforcement provisions of Chapter 56, Title 12, the Set-off Debt Collection Act."

SECTION    4.    This act takes effect upon approval by the Governor.