Committee Report

March 15, 2023

S. 252

Introduced by Senators M. Johnson, Adams, Kimbrell, Reichenbach and Senn

 

S. Printed 03/15/23--S.                                                                          [SEC 3/16/2023 4:24 PM]

Read the first time January 10, 2023

 

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The committee on Senate Judiciary

To who was referred a Bill (S. 252) to amend Chapter 2, Title 30 of The South Carolina Code of Laws by enacting the Law Enforcement Personal Information Privacy Protection Act, by adding Article 5, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 30-2-500(1), (2), and (3) and inserting:

    (1) "Personal contact information" means the home address and the home or personal cellular telephone number of the eligible requesting party;

    (2) "Eligible requesting party" means an active or former law enforcement officer who has filed a formal request under the provision of this article;

    (3) "Law enforcement officer" means an active or former federal, state, or local certified law enforcement officer or corrections officer.

Amend the bill further, SECTION 1, by striking Section 30-2-510(A) and (B) and inserting:

    (A) Information that relates to the personal contact information of an eligible requesting party, or that reveals whether the individual has family members, and is held or maintained by a state or local governmental agency is confidential and must not be disclosed to the public by the state or local governmental agency if the law enforcement officer:

       (1) notifies the state or local governmental agency of the law enforcement officer's choice to restrict public access to or posting of personal contact information by submission of a form produced by the South Carolina Criminal Justice Academy; and

       (2) provides a verification of current employment or previous employment as a law enforcement officer to include contact information for his employer.

    (B) A choice made under this article remains valid with the following exceptions:

       (1) the law enforcement officer rescinds the request in writing and provides notice to the state or local governmental agency;

       (2) state or local governmental agencies disclose personal contact information related to violations of law or regulation as permitted by law;

       (3) the law enforcement officer requests release of the law enforcement officer's personal contact information from a state or local governmental agency for a specific purpose and for a limited time; or

       (4) the personal contact information is included in a collision report or uniform traffic ticket maintained and provided by the South Carolina Department of Motor Vehicles as permitted by law.

Amend the bill further, SECTION 1, by striking Section 30-2-510(D) and inserting:

    (D) Any personal contact information as defined under this article must be redacted from any public document otherwise eligible to be released under any other provision of law. The provisions of this article must not be construed to prevent the disclosure of any other otherwise public information allowed by law.

Amend the bill further, SECTION 1, by striking Section 30-2-510(F) and inserting:

    (F) Nothing in this article shall be construed to limit access to otherwise protected information in public records by applicable law including, but not limited to, the Driver's Privacy Protection Act (18 U.S.C.A. Section 2721, et seq.) and the Fair Credit Reporting Act (15 U.S.C. Section 1681 et seq.).

Amend the bill further, by adding an appropriately numbered SECTION to read:

SECTION X. The South Carolina Criminal Justice Academy shall create a form for law enforcement officers to use to request a state or local governmental agency restrict public access or posting of personal contact information. The form must contain fields for the following information: legal name, date of birth, home address, driver's license number, personal email address, law enforcement identification number, law enforcement agency, federal employee number (if applicable), dates of service, service status, and an exception section to permit disclosure of personal contact information for a specific purpose for a limited time.

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill creates the Law Enforcement Personal Privacy Protection Act.  This act states any personal identifying information of an active law enforcement officer held or maintained by any state or local governing entity is confidential and must not be disclosed to the public if the officer has filed a formal request with the entity. Information that relates to the personal identifying information of the officer or that reveals whether the individual has family members is deemed confidential.  Any government entity that redacts or withholds information under this article must provide the requestor a description of the redacted or withheld information.

 

RFA contacted all state agencies, counties, and MASC.  Based on the significant number of responses received, RFA anticipates this bill will have no state or local expenditure impact because all agencies and governing entities will be able to confidentially maintain any law enforcement officers' information protected by this bill.   RFA will update this fiscal impact statement if we receive a response that indicates this bill will have a fiscal impact. 

Local Expenditure

This bill creates the Law Enforcement Personal Privacy Protection Act.  This act states any personal identifying information of an active law enforcement officer held or maintained by any state or local governing entity is confidential and must not be disclosed to the public if the officer has filed a formal request with the entity. Any government entity that redacts or withholds information under this article must provide the requestor a description of the redacted or withheld information.

 

RFA contacted all state agencies, counties, and MASC.  Based on the significant number of responses received, RFA anticipates this bill will have no state or local expenditure impact because all agencies and governing entities will be able to confidentially maintain any law enforcement officers' information protected by this bill.  RFA will update this fiscal impact statement if we receive a response that indicates this bill will have a fiscal impact. 

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND CHAPTER 2, TITLE 30 OF THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE LAW ENFORCEMENT PERSONAL INFORMATION PRIVACY PROTECTION ACT, BY ADDING ARTICLE 5 TO PROVIDE THAT A LAW ENFORCEMENT OFFICER MAY FORMALLY REQUEST THAT HIS PERSONAL IDENTIFYING INFORMATION HELD OR MAINTAINED BY A STATE OR LOCAL GOVERNMENTAL AGENCY BE HELD CONFIDENTIAL AFTER WHICH THE INFORMATION MUST NOT BE DISCLOSED EXCEPT TO ANOTHER GOVERNMENTAL AGENCY, UNDER SUBPOENA, BY ORDER OF THE COURT, OR UPON WRITTEN CONSENT OF THE OFFICER.

 

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

 

SECTION 1.  Chapter 2, Title 30 of the S.C. Code is amended by adding:

 

    Article 5

 

    Law Enforcement Personal Privacy Protection Act

 

    Section 30-2-500.  For the purposes of this article:

    (1) "personal identifying information" means the home address, telephone number, or date of birth of the eligible requesting party;

    (2) "eligible requesting party" means an active law enforcement officer who has filed a formal request under the provision of this article; and

    (3) "law enforcement officer" means an active federal, state, or local certified law enforcement officer or corrections officer.

 

    Section 30-2-510.  (A) Information that relates to the personal identifying information of an eligible requesting party, or that reveals whether the individual has family members, and is held or maintained by a state or local governmental agency is confidential and must not be disclosed to the public by the governmental agency if the officer:

       (1) chooses to restrict public access to his personal identifying information;

       (2) notifies the governmental agency of the officer's choice on a form provided by the agency; and

       (3) provides a sworn statement of eligible status and evidence of the officer's current eligible employment to include contact information for his employer.

    (B) A choice made under this article remains valid until rescinded in writing by the individual or the individual ceases employment as a law enforcement officer.

    (C) Information protected under the provisions of this article may be disclosed to another governmental agency, under subpoena, by order of the court, or upon written consent of the eligible law enforcement officer.

    (D) Any personal identifying information as defined under this article must be redacted from any public document otherwise eligible to be released under any other provision of law. The provisions of this article must not be construed to prevent the disclosure of any other otherwise public information allowed by law.

    (E) A governmental agency that redacts or withholds information under this article shall provide to the requestor a description of the redacted or withheld information and a citation to this act.

    (F) Nothing in this article shall be construed to limit access to otherwise protected information in public records for bona fide business purposes including property title searches or insurance verification.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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