View Amendment Current Amendment: 1 to Bill 3586 The Committee on Labor, Commerce and Industry proposes the following Amendment No. 1 to H. 3586 (COUNCIL\CM\3586C001.GT.CM19):

Reference is to the bill as introduced.

Amend the bill, as and if amended, SECTION 6, by striking Section 23-47-65(A)(1) and (A)(2) on pages 14 and 15 and inserting:

/      "(A)(1)      The South Carolina 911 Advisory Committee is created to assist the Revenue and Fiscal Affairs Office in carrying out its responsibilities in implementing, maintaining, and updating an efficient a wireless enhanced 911 system consistent with FCC Docket Number 94-102. The committee shall consist of: an individual with technical or operational knowledge of E-911 systems who is appointed by the Executive Director of the Revenue and Fiscal Affairs Office; the Executive Director of the Revenue and Fiscal Affairs Office or his designee; two employees of CMRS providers licensed to do business in the State appointed by the Governor; two 911 system employees appointed by the Governor; and one employee of a telephone (local exchange access facility) service supplier licensed to do business in the State appointed by the Governor; and one consumer appointed by the Governor. Local governments and related organizations such as the National Emergency Number Association may recommend PSAP Committee members, and industry representatives may recommend wireline and CMRS Committee members to the Governor. There is no expense reimbursement or per diem payment from the fund created by the CMRS surcharge made to members of the committee The committee must be comprised of twelve members and appointed as follows: eight members appointed by the Governor of which two must be employees of a local 911 system recommended by the South Carolina Association of Public Safety Communication Officials, two must be employees of a local 911 system recommended by the South Carolina National Emergency Number Association, two must be employees of CMRS providers licensed to do business in the State, one must be an employee of a telephone (local exchange access facility) service supplier licensed to do business in the State, and one consumer; and four members appointed by the Executive Director of the Revenue and Fiscal Affairs Office of which one must be its Executive Director or his designee, one must be an individual with GIS expertise, one must be an individual with knowledge of communication operations or technology, and one county administrator recommended by the South Carolina Association of Counties. There is no expense reimbursement or per diem payment made to members of the committee for attendance in committee or subcommittee meeting. However, upon prior approval by the Executive Director of the Revenue and Fiscal Affairs Office, members of the committee may be reimbursed by the Revenue and Fiscal Affairs Office, pursuant to state travel guidelines, for travel associated with their service on the committee.
           (2)      All committee members, except the ex officio members executive director or his designee, must be appointed for a three-year term by the Governor. These eleven committee members may be appointed to one subsequent consecutive term. A member may not be reappointed in a different capacity in order to circumvent the two consecutive term limitation. A member who has served the maximum consecutive terms is eligible for reappointment to a subsequent term after three years absence from the committee.            /

Amend the bill further by striking SECTION 7 in its entirety and inserting:

/      SECTION      7.      Section 23-47-75 of the 1976 Code is amended to read:

     "Section 23-47-75.      (A)      CMRS location information obtained by safety personnel or for public safety personnel for public safety purposes is not public information under the Freedom of Information Act.
     (B)      A person may not disclose or use, for any purpose other than for the 911 or other emergency calling system, information contained in the data base of the telephone network portion of a 911 or other emergency calling system established pursuant to this chapter.
     (C)      For all information not covered by subsections (A) and (B), a PSAP may exempt from disclosure:
           (1)      individual identifying information of an individual calling a 911 center, victim, or witness; or
           (2)      images or video from a place where the 911 caller would have a reasonable expectation of privacy as defined in Section 16-17-470(D)(1).
The local government is responsible for the release of its information.
     (D)      This section shall not apply if the PSAP or a court order determines that the public interest in disclosure outweighs the interest in nondisclosure.
     (E)      As used in this section, the term "identifying information" includes name, telephone number, and home address. The term does not include:
           (1)      the location of the incident, unless the location is the caller's, victim's, or witness' home address or the disclosure of the location would compromise the identity of the caller, victim, or witness; or
           (2)      the street block identifier, the cross street, or the mile marker nearest the scene of the incident, which shall be public."            /

Renumber sections to conform.
Amend title to conform.