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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-3-180 SO AS TO PROVIDE THE STATE LAW ENFORCEMENT DIVISION (SLED) SHALL CREATE A DATA BASE THAT ALLOWS EMPLOYERS TO OBTAIN CRIMINAL BACKGROUND CHECKS ON APPLICANTS FOR EMPLOYMENT THAT LIMITS BACKGROUND CHECKS TO OFFENSES RELATED TO THE TYPE OF EMPLOYMENT SOUGHT BY THE APPLICANT, TO PROVIDE SLED ONLY MAY RELEASE INFORMATION CONTAINED IN CRIMINAL BACKGROUND CHECKS TO EMPLOYERS THAT PERTAIN TO THE TYPE OF EMPLOYMENT SOUGHT BY THE JOB APPLICANT CONTAINED IN THIS DATABASE ONLY, AND PROVIDE SLED SHALL PROMULGATE REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS CONTAINED IN THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 3, Chapter 3, Title 23 of the 1976 Code is amended by adding:
"Section 23-3-180. (A) The State Law Enforcement Division (SLED) shall create a database that allows an employer to obtain a criminal background on an applicant for employment that limits the background check to offenses related to the type of employment sought by the applicant.
(B) Once the database becomes operational, SLED shall limit information released to an employer seeking a background check on a person only to offenses related to the type of employment sought by a job applicant. SLED shall not release background information on the person stored in its other databases.
(C) SLED shall promulgate regulations necessary to implement the provisions contained in this section."
SECTION 2. This act takes effect upon approval by the Governor.
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