Download This Version in Microsoft Word format
AMENDED
April 6, 1999
S. 620
Introduced by Senators Martin, J. Verne Smith, Bryan, Giese, Leventis, Wilson, Alexander, Waldrep and Courson
S. Printed 4/6/99--H.
Read the first time March 25, 1999.
REVENUE IMPACT1
This bill would reduce revenue allocated to the Department of Public Safety by $5,125,000 in FY 1999-00. This bill would not otherwise impact general fund revenue or earmarked funds of other state agencies in FY 1999-00. A prohibition of record sales by DPS requires an amendment to Paragraph 36.12, Section 36, Part 1B of Act 419 of 1998 (FY 1998-99 General Appropriation Act) as applicable in FY 1999-00.
Explanation
This resolution, as amended, will prohibit the DPS from releasing certain information in its records to private parties. This information would include social security numbers, digitized photographs and/or digitized signatures. The bill provides that no private person or entity may use such electronically stored data obtained from a driver's license record for any purpose. Based on DPS records for document sales, it is expected this bill would reduce DPS earmarked funds by $5,125,000 in FY 1999-00.
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 PROHIBIT THE DEPARTMENT OF PUBLIC SAFETY FROM SELLING, OR OTHERWISE FURNISHING, SOCIAL SECURITY NUMBERS, DIGITIZED PHOTOGRAPHS, AND DIGITIZED SIGNATURES, AND TO PROHIBIT ANY PRIVATE PERSON OR ENTITY FROM USING AN ELECTRONICALLY-STORED VERSION OF THE PHOTOGRAPH, SOCIAL SECURITY NUMBER, OR SIGNATURE OF ANY PERSON FOR ANY PURPOSE, WHEN SUCH ELECTRONICALLY-STORED INFORMATION WAS OBTAINED FROM A DRIVER'S LICENSE RECORD.
Amend Title To Conform
Whereas, an individual's social security number, digitized photograph, and/or digitized signature, used by third parties, without the consent of the individual concerned, can subject an individual to an unreasonable invasion of privacy, fraud, and misappropriation of identity; and
Whereas, federal law does not permit businesses to force customers to provide social security numbers; and
Whereas, the public reasonably expects that state agencies entrusted with this information take every precaution to maintain the privacy of this information. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) The Department of Public Safety may not sell, provide, or furnish to a private party a person's height, weight, race, social security number, photograph, or signature in any form that has been compiled for the purpose of issuing the person a driver's license or special identification card. The department shall not release to a private party any part of the record of a person under fifteen years of age who has applied for or has been issued a special identification card.
(B) A person's height, weight, race, photograph, signature, and digitized image contained in his driver's license or special identification card record are not public records.
(C) Notwithstanding another provision of law, a private person or private entity shall not use an electronically-stored version of a person's photograph, social security number, height, weight, race, or signature for any purpose, when the electronically-stored information was obtained from a driver's license record.
SECTION 2. The provisions contained in Section 1 are effective for a period of twenty-five years unless the period is extended by the General Assembly.
SECTION 3. This section takes effect upon approval by the Governor.
This web page was last updated on
Friday, June 26, 2009 at 3:10 P.M.