Indicates Matter Stricken

Indicates New Matter

 

Committee Report

May 3, 2023

S. 252

 

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

 

S. Printed 05/03/23--H.

Read the first time March 30, 2023

 

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The committee on HOUSE 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) and inserting:

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

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

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

       (1) notifies the state or local government 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.

Amend the bill further, SECTION 3, by striking Section 30-2-700(1) and inserting:

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

Amend the bill further, SECTION 3, by striking Section 30-2-710(A) and inserting:

    (A) Information that relates to the personal contact information of an eligible requesting party and is held or maintained by a state or local government agency is confidential and must not be disclosed to the public by the state or local government agency if the judge:

       (1) notifies the state or local government agency of the judge's choice to restrict public access to or posting online of personal contact information by submission of a form provided by the South Carolina Court Administration; and

       (2) provides verification of current or prior service as a judge from the South Carolina Court Administration.

Amend the bill further, by striking SECTION 5 and inserting:

SECTION 5.  This act takes effect on July 1, 2024.

Renumber sections to conform.

Amend title to conform.

 

WESTON NEWTON for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This amended bill creates the Law Enforcement Personal Privacy Protection Act and the Judicial Personal Privacy Protection Act.  These acts state any personal contact information of an active or former law enforcement officer or active or former judge held or maintained by any state or local government entity is confidential and must not be disclosed to the public if the officer or judge has filed a formal request with the entity. Personal contact information includes a home address and a home or cell phone number.  This bill also establishes that information related to whether the individual has family members is protected.  Any government entity that redacts or withholds information under this article must provide the requestor a description of the redacted or withheld information.

This amended bill requires Court Administration to create the request form for judges and the Criminal Justice Academy to create the request form for law enforcement officers.  Both Judicial and the Criminal Justice Academy anticipate being able to create these request forms using existing resources.  Additionally, RFA previously contacted all state agencies, counties, and MASC.  Based on the significant number of responses received, RFA anticipates this bill will have no state expenditure impact because all agencies and governing entities will be able to confidentially maintain any law enforcement officer and judge 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 amended bill creates the Law Enforcement Personal Privacy Protection Act and the Judicial Personal Privacy Protection Act.  These acts state any personal contact information of an active or former law enforcement officer or active or former judge held or maintained by any state or local government entity is confidential and must not be disclosed to the public if the officer or judge has filed a formal request with the entity.

RFA previously contacted all state agencies, counties, and MASC.  Based on the significant number of responses received, RFA anticipates this bill will have local expenditure impact because all agencies and governing entities will be able to confidentially maintain any law enforcement officer and judge 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. 

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 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.

 

    Section 30-2-510.   (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 government agency is confidential and must not be disclosed to the public by the state or local government agency if the law enforcement officer:

       (1) notifies the state or local government 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 government agency;

       (2) the state or local government 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 government 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.

    (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 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.

    (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 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.).

 

SECTION 2.  The South Carolina Criminal Justice Academy shall create a form for law enforcement officers to use to request a state or local government 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.

 

SECTION 3.  Chapter 2, Title 30 of the S.C. Code is amended by adding:

 

    Article 7

 

    Judicial Personal Privacy Protection Act

 

    Section 30-2-700.   For the purpose of this article:

    (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 a former judge who has filed a formal request under the provisions of this article.

 

    Section 30-2-710.   (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 government agency is confidential and must not be disclosed to the public by the state or local government agency if the judge:

       (1) notifies the state or local government agency of the judge's choice to restrict public access to or posting online of personal contact information by submission of a form provided by the South Carolina Court Administration; and

       (2) provides verification of current or prior service as a judge from the South Carolina Court Administration.

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

       (1) the judge rescinds in writing the request to restrict public access to or posting online of personal contact information and provides notice to the state or local government agency;

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

       (3) the judge requests release of the judge's personal contact information from a state or local government 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.

    (C) Personal contact information provided under the provisions of this article may be disclosed to another government agency, under subpoena, by order of the court, or upon written consent of the eligible judge.

    (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 disclosure of other public information otherwise allowed by law.

    (E) A state or local government 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 article.

    (F) Nothing in this article shall be construed to limit access to otherwise protected information available 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.A. Section 1681, et seq.).

 

SECTION 4.  The South Carolina Court Administration shall create a form for judges to use to request a state or local government 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, dates of service, status of service, and an exception section to notify a state or local government agency of rescission of the request to protect personal contact information and to permit disclosure of personal contact information for a specific purpose and for a limited time.

 

SECTION 5.  This act takes effect upon approval by the Governor.

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