S.861 would require pawnbrokers seeking a Certificate of Authority to conduct national criminal background checks for all owners, partners, members, officers, directors, and future employees. Current law requires only the certificate applicant to submit a background check. The applicant would be responsible for carrying out the background checks and paying the costs for each. Additionally, a Certificate of Authority would be issued only after a SLED administrator determines that the applicant and his or her employees “command the confidence of the community and warrant the belief that the business may be operated honestly.” The bill goes on to place specific restrictions on the hiring of convicted felons.

Protecting individual freedoms means thwarting these laws designed to promote “safety.” State officials have neither the right to know everything about you nor the right to steer any industry.

By South Carolina Policy Council

Since 1986 the South Carolina Policy Council Education Foundation has advocated innovative policy ideas that advance the principles of limited government and free enterprise. The Policy Council is the state’s meeting place for business leaders, policymakers, and academics – as well as engaged citizens – who want to see South Carolina become the most free state in the nation. For questions or comments on the articles on this website, please email Research Director Jamie Murguia.