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H 3338
Session 121 (2015-2016)


H 3338 General Bill, By Rivers, Rutherford, W.J. McLeod, McCoy, Bannister, 
Clemmons, Goldfinch, Kennedy, Pope and M.S. McLeod
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 30-2-70 SO AS TO REQUIRE STATE AGENCIES AND POLITICAL SUBDIVISIONS TO DEVELOP
 AND MAKE AVAILABLE A PROCESS BY WHICH A NONELECTED OFFICIAL MAY REQUEST THE
 REMOVAL OF CERTAIN PERSONAL INFORMATION AVAILABLE TO THE GENERAL PUBLIC FROM
 ANY WEBSITE MAINTAINED BY THE STATE AGENCY OR POLITICAL SUBDIVISION, AND
 DEFINE THE TERMS "NONELECTED OFFICIAL" AND "POLITICAL SUBDIVISION".

   01/20/15  House  Introduced and read first time (House Journal-page 12)
   01/20/15  House  Referred to Committee on Judiciary
                     (House Journal-page 12)
   01/21/15  House  Member(s) request name added as sponsor: M.S.McLeod
   01/23/15         Scrivener's error corrected



H. 3338

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-2-70 SO AS TO REQUIRE STATE AGENCIES AND POLITICAL SUBDIVISIONS TO DEVELOP AND MAKE AVAILABLE A PROCESS BY WHICH A NONELECTED OFFICIAL MAY REQUEST THE REMOVAL OF CERTAIN PERSONAL INFORMATION AVAILABLE TO THE GENERAL PUBLIC FROM ANY WEBSITE MAINTAINED BY THE STATE AGENCY OR POLITICAL SUBDIVISION, AND DEFINE THE TERMS "NONELECTED OFFICIAL" AND "POLITICAL SUBDIVISION".

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

SECTION    1.    Article 1, Chapter 2, Title 30 of the 1976 Code is amended by adding:

"Section 30-2-70.    (A)    All state agencies and political subdivisions shall develop and make available a process by which a nonelected official may request that the state agency or political subdivision remove that person's personal information including, but not limited to, his home address, birthdate, and phone number from any website available to the general public and maintained by the state agency or political subdivision. The request must specify the personal information to be removed from the website. The state agency or political subdivision shall remove the information if a request is submitted by a nonelected official pursuant to this section. The information removed is not subject to disclosure pursuant to Section 30-4-30.

(B)    For purposes of this section, the term:

(1)    'nonelected official' includes any active or former:

(a)    member or employee of the federal judiciary;

(b)    member or employee of the judiciary, administrative law court, or a summary court judge in this State;

(c)    local, state, or federal law enforcement officer who has served in an active capacity in this State;

(d)    director, acting director, or employee of the Department of Corrections, Department of Juvenile Justice, Department of Social Services, or Department of Probation, Parole and Pardon Services;

(e)    guardian ad litem serving on behalf of the South Carolina Guardian ad litem program or similar local program;

(f)    local, state, or federal solicitor or prosecutor who has prosecuted an action in this State; or

(g)    local, state, or federal public defender or appellate defender who has served in that capacity in this State.

(2)    'Political subdivision' includes counties, cities, towns, villages, townships, districts, authorities, and other public corporations and entities whether organized and existing under charter or general law."

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

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