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COMMITTEE REPORT
March 30, 1999
H. 3356
Introduced by Reps. Limehouse, Harrell, Seithel, Fleming, Altman, Campsen, Vaughn, McCraw, Harrison, Wilkins, Barrett, Sandifer, Easterday, McGee and Rice
S. Printed 3/30/99--H.
Read the first time January 26, 1999.
To whom was referred a Bill (H. 3356), to amend Chapter 4 of Title 30, as amended, Code of Laws of South Carolina, 1976, relating to the Freedom of Information Act, etc., respectfully
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, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 4, Title 30 of the 1976 Code is amended by adding:
"Section 30-4-160. (A) This chapter does not allow the Department of Public Safety to sell, provide, or otherwise furnish to a private party personal information on height, weight, and race or Social Security numbers in its records or copies of photographs or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. The department may not release any part of the identification record of a child younger than fifteen years of age to a private party.
(B) Records of height, weight, and race and photographs, signatures, and digitized images from a driver's license or personal identification care are not public records."
SECTION 2. Chapter 3, Title 56 of the Code is amended by adding:
"Section 56-3-545. (A) The Department of Public Safety may not sell, provide, or otherwise furnish to a private party personal information on height, weight, or race, Social Security numbers, copies of photographs or signatures, whether digitized or not, taken for the purpose of a driver's license or personal identification card. The Department may not release any part of the identification record of a child younger than fifteen years of age to a private party.
(B) Records of height, weight, and race and photographs, signatures, and digitized images from a driver's license or personal identification card are not public records.
(C) Notwithstanding any other provision of law, a private person may not use an electronically stored version of the photograph, Social Security number, height, weight, race, or signature of a person for any purpose if the electronically stored information was obtained from a driver's license record.
SECTION 3. This Act takes affect upon signature by the Governor./
Amend title to conform.
JAMES H. HARRISON, for Committee.
REVENUE IMPACT 1/
This bill would reduce general fund revenue by $200,000 in FY 1999-00. This bill would reduce revenue allocated to state agencies by $7,800,000 in FY 1999-00.
Explanation
This bill will discontinue the sale of any record, public or otherwise, that is subject to disclosure by a public body. A "public body", as defined in Section 30-4-20, includes any public or governmental body or political subdivision of the State such as counties and municipalities. Public record includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form. State agencies have reported to the Budget and Control Board that they expect to receive approximately $8.0 million in FY 1999-00 from the sale of listings, labels, maps, and various other public records. Of this amount, $7.8 million is expected to be retained by state agencies and $200,000 turned into the general fund. In many cases retained revenues help defray the costs of making the records available and if lost could affect the need for general fund appropriations. We have not been able to determine how much revenue counties and municipalities would lose.
Approved By:
William C. Gillespie
Board of Economic Advisors
1/ This statement meets the requirement of Section 2-7-71 for a state revenue impact, Section 2-7-76 for a local revenue impact, and Section 6-1-85(B) for an estimate of the shift in local property tax incidence.
TO AMEND CHAPTER 4 OF TITLE 30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO PROHIBIT THE SALE BY A PUBLIC BODY OF ANY RECORDS, PUBLIC OR OTHERWISE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 4 of Title 30 of the 1976 Code is amended by adding:
"Section 30-4-150(A). This chapter does not allow the sale by a public body of public records which are subject to disclosure pursuant to this chapter.
(B) A public body, as defined in Section 30-4-20, may not sell any record, public or otherwise, prepared, owned, used, or retained by it or in its possession.
SECTION 2. This act takes effect upon approval by the Governor.
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