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Bill 491

                    Current Status

Bill Number:                      491
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20010322
Primary Sponsor:                  Reese
All Sponsors:                     Reese
Drafted Document Number:          l:\council\bills\skb\18300som01.doc
Companion Bill Number:            3156
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
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. 3156
Senate  20010322  Introduced, read first time,           11 SJ
                  referred to Committee


              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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