South Carolina General Assembly
116th Session, 2005-2006

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Bill 150

Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

April 19, 2005

S. 150

Introduced by Senators Campsen, Fair and Richardson

S. Printed 4/19/05--S.

Read the first time January 11, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 150) to amend the Code of Laws of South Carolina, 1976, by adding Section 20-3-240 to enact the "Family Court Financial Privacy Act" so as to, 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, by striking all after the enacting words and inserting:

/    SECTION    1.    This act may be cited as the "Family Court Financial Privacy Act".

SECTION    2.    Article 1, Chapter 3, Title 20 of the 1976 Code is amended by adding:

"Section 20-3-240.    The clerk of court shall seal the financial declarations that are made a part of the court record in any matter before the family court. The parties, their attorneys of record, the family court judge and the judge's staff, the clerk of court and the clerk's staff, and the Child Support Enforcement Division of the Department of Social Services shall be granted access to a financial declaration upon request to the clerk of court. No other person shall unseal or be granted access to a financial declaration except on order of the court upon good cause shown."

SECTION    3.    Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered item to read:

"( )    Financial declarations made a part of the record in a matter before the family court, as provided for in Section 20-3-240."

SECTION    4.    This act takes effect upon approval by the Governor.    /

Renumber sections to conform.

Amend title to conform.

JAMES H. "JIM" RITCHIE, JR. for Committee.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-240 TO ENACT THE "FAMILY COURT FINANCIAL PRIVACY ACT" SO AS TO PROVIDE THAT A FINANCIAL DECLARATION MADE A PART OF THE RECORD IN A MATTER BEFORE THE FAMILY COURT IS CONFIDENTIAL AND NOT SUBJECT TO DISCLOSURE TO THE PUBLIC; AND TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT FINANCIAL DECLARATIONS IN MATTERS BEFORE THE FAMILY COURT.

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

SECTION    1.    This act may be cited as the "Family Court Financial Privacy Act".

SECTION    2.    Article 1, Chapter 3, Title 20 of the 1976 Code is amended by adding:

"Section 20-3-240.    Notwithstanding any other provision of law, a financial declaration made a part of the record in a matter before the family court is confidential, except as to the parties, and is not subject to disclosure, unless ordered by the court."

SECTION    3.    Section 30-4-40(a) of the 1976 Code is amended by adding an appropriately numbered item to read:

"( )    Financial declarations made a part of the record in a matter before the family court, as provided for in Section 20-3-240."

SECTION    4.    This act takes effect upon approval by the Governor.

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