A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ENACTING THE "LEGISLATIVE PERSONAL PRIVACY PROTECTION ACT" BY ADDING ARTICLE 9 TO CHAPTER 2, TITLE 30 SO AS TO PROVIDE A METHOD BY WHICH THE PERSONAL CONTACT INFORMATION OF CURRENT AND FORMER LEGISLATORS IN DISCLOSED RECORDS ON PUBLICLY AVAILABLE WEBSITES OF STATE OR LOCAL GOVERNMENTAL ENTITIES MAY BE RESTRICTED UPON REQUEST, TO PROVIDE FOR PETITIONS TO COURTS FOR COMPLIANCE WITH THIS ARTICLE, AND TO PREVENT LIABILITY FROM ACCRUING TO A STATE OR LOCAL GOVERNMENTAL EMPLOYEE.

 

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

 

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

 

Article 9

 

Legislative Personal Privacy Protection Act

 

    Section 30-2-900.  For purposes of this article:

       (1) "Personal contact information" means the home address, personal cellular telephone number, or tax map number, if applicable, of the eligible requesting party.

       (2) "Eligible requesting party" means a current or former member of the South Carolina General Assembly who has filed a formal request under the provisions of this article.

       (3) "Disclosed records" means records accessible by a database or image of an official record that are placed on a publicly available internet website maintained by or operated on behalf of a state or local governmental agency. Disclosed records for the purpose of this article do not include records available for purchase or through an account, by registration or subscription, from a state or local governmental agency.

 

    Section 30-2-910.  (A) An eligible requesting party's personal contact information in a disclosed record shall be restricted on a publicly available internet website maintained by or operated on behalf of the state or local governmental agency if the legislator:

       (1) notifies the individual state or local governmental agency of the legislator's choice to restrict public access to personal contact information in disclosed records by submission of the designated form and any supplemental information requested by the state or local governmental agency; and

       (2) provides a notarized affidavit affirming the current or prior service as a legislator.

    (B) A choice made under this article remains valid with the following exceptions:

       (1) the legislator rescinds in writing the request to restrict public access to or posting online of personal contact information and provides notice to the state or local governmental agency;

       (2) the state or local governmental agency discloses personal contact information related to violations of law or regulation, as permitted by law;

       (3) the legislator requests release of the legislator's personal contact information from a state or local governmental agency for a specific purpose and for a limited time;

       (4) the personal contact information is included in a collision report or uniform traffic ticket maintained and provided by the South Carolina Department of Motor Vehicles, as permitted by law;

       (5) the personal contact information is included on a business filing or Uniform Commercial Code filing recorded with the South Carolina Secretary of State; or

       (6) the eligible requesting party's request to restrict information does not apply to a subsequent home address of the eligible requesting party. The eligible requesting party is responsible for notifying, through the designated form, each state or local governmental agency of a subsequent home address, and any documents filed after the original request to restrict personal contact information including, but not limited to, changes to the mortgage on a property, or any change in personal contact information.

    (C) Personal contact information provided under the provisions of this article may be disclosed under subpoena, by order of the court, upon written consent of the eligible legislator, or to another governmental agency.

    (D)(1) Personal contact information restricted from disclosed records under this section must remain within the official records held or maintained by a state or local governmental agency, but may not be included in an index or displayed on an image of an official record on a publicly available internet website maintained or operated on behalf of a state or local governmental agency.

       (2) In the event that a home address or tax map number cannot be restricted from a disclosed record within an index or from being displayed on an image of an official record on a publicly available internet website maintained or operated on behalf of a state or local governmental agency, then the image of the official record shall not be displayed and the state or local governmental agency must restrict the home address or tax map number portion from the display within the index, regardless of the location within the index.

    (E) Any personal contact information must be restricted, if requested by an eligible requesting party, from any disclosed record, including the designated form used to notify the state or local governmental agency and supplemental information requested by the state or local governmental agency, otherwise eligible to be released under any other provision of law. The provisions of this article must not be construed to prevent the disclosure of any other otherwise public information allowed by law.

    (F) A governmental agency that restricts or withholds information under this article shall provide to a requestor a description of the restricted or withheld information and a citation to this article.

    (G) Personal contact information restricted pursuant to this article may be disclosed to:

       (1) a title insurer or its affiliate;

       (2) a title insurance agent or agency;

       (3) a personal representative of a deceased eligible requesting party;

       (4) an attorney duly admitted to practice law in the State of South Carolina and in good standing with the South Carolina Bar, or a person appointed in writing by said attorney to receive the restricted information on his behalf; or

       (5) a professional engineer or professional surveyor, as defined under Section 40-22-20, or a person appointed in writing by said professional engineer or professional surveyor to receive the restricted information on his behalf.

    (H) The restricted status of a home address contained in the official records within a county register of deeds is maintained only during the period when an eligible requesting party resides at the dwelling location. Upon the conveyance of real property that no longer constitutes an eligible request in the party's home address, the eligible requesting party must submit the designated form to release the restriction on personal contact information, including the home address information, and a notarized affidavit affirming the designated form to the county register of deeds.

    (I) Nothing in this article shall be construed to limit access to otherwise protected information in public records by applicable law including, but not limited to, the Driver's Privacy Protection Act (18 U.S.C. Section 2721, et seq.) and the Fair Credit Reporting Act (15 U.S.C. Section 1681, et seq.).

 

    Section 30-2-920.  Any eligible requesting party may petition the court for an order directing compliance with this article. Liability may not accrue to a state or local governmental employee or to his agents for claims or damages that arise from personal contact information on the public record.

 

SECTION 2.  The Legislative Services Agency shall create the designated form for legislators to use to request a state or local governmental agency restrict public access to personal contact information in disclosed records. The form shall include a disclaimer to inform the requesting party the request is specific to the state or local governmental agency and will not be provided to other entities or apply to changes in personal contact information. The form must contain fields for the following:

    (1) the requesting party's personal information including, but not limited to, legal name, date of birth, home address, driver's license information, personal email address, and where applicable, tax map numbers;

    (2) the dates of service and status of service;

    (3) the location of personal contact information in disclosed records by instrument number, book and page number of the copy or image, docket number, file number, vehicle identification number, or title number; and

    (4) an exception section to notify a state or local governmental agency of rescission of the request to restrict personal contact information and to permit disclosure of personal contact information for a specific purpose and for a limited time.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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