The Committee on Judiciary proposes the following amendment (SJ-126.MB0008S):
Amend the bill, as and if amended, SECTION 1, by striking Section 30-2-500(1) and inserting:
(1) "Personal contact information" means the name, home address or; personal cellular telephone number; or property tax map number, if applicable, of the eligible requesting party.Amend the bill further, SECTION 1, by striking Section 30-2-510(A)(1) and inserting:
(1) notifies the individual state or local government agency of the law enforcement officer's choice to restrict public access to or posting of personal contact informationpersonal contact information in disclosed records by submission of a the designated form and any supplemental information requested by the state or local government agency produced by the South Carolina Criminal Justice Academy; andAmend the bill further, SECTION 1, by striking Section 30-2-510(D) and inserting:
(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 government 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 government 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 government agency, then the image of the official record shall not be displayed and the state or local government agency must restrict the home address or tax map number portion from the display within the index, regardless of the location within the index.
Amend the bill further, SECTION 1, by striking Section 30-2-510(E) and inserting:
(E) Any personal contact information as defined under this article must be redactedrestricted, if requested by an eligible requesting party, from any public documentdisclosed record, including the designated form used to notify the state or local government agency and supplemental information requested by the state or local government 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.Amend the bill further, SECTION 1, by striking Section 30-2-510(G)(2) and (3) and inserting:
(2) a title insurance agent or agency; or(3) a personal representative of a deceased eligible requesting party;
(3)(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.
Amend the bill further, SECTION 1, by striking Section 30-2-510(H) and inserting:
(H) The exemptrestricted 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.Amend the bill further, SECTION 2, by striking Section 30-2-700(1) and inserting:
(1) "Personal contact information" means the name, home address, or personal cellular telephone number, or tax map number, if applicable, of the eligible requesting party.Amend the bill further, SECTION 2, by striking Section 30-2-710(A)(1) and inserting:
(1) notifies the individual state or local government agency of the judge's choice to restrict public access to or posting online of personal contact information in disclosed records by submission of a the designated form and any supplemental information requested by the state or local government agency provided by the South Carolina Court Administration ; andAmend the bill further, SECTION 2, by striking Section 30-2-710(D) and inserting:
(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 government agency, but not be included within 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 government 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 the official record on a publicly available internet website maintained or operated on behalf of a state or local government agency, then the image of the official record shall not be displayed and the state or local government agency must restrict the home address or tax map number portion from the display within the index, regardless of the location of the index.
Amend the bill further, SECTION 2, by striking Section 30-2-710(E) and inserting:
(E) Any personal contact information, as defined under this article, must be redactedrestricted, if requested by an eligible requesting party, from any public document disclosed record, including the designated form used to notify the state or local government agency and supplemental information requested by the state or local government 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 other public information otherwise allowed by law.Amend the bill further, SECTION 2, by striking Section 30-2-710(G)(2) and (3) and inserting:
(2) a title insurance agent or agency; or(3) the personal representative of a deceased eligible requesting party;
(3)(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.
Amend the bill further, SECTION 2, by striking Section 30-2-710(H) and inserting:
(H) The exemptrestricted status of a home address contained in the official records within a county of 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 requesting party's home address, the eligible requesting party must submit the designated form to release the restriction on personal contact information, including home address information, and a notarized affidavit affirming the designated form to the county register of deeds.Amend the bill further, by deleting SECTION 3.
Amend the bill further, by adding an appropriately numbered SECTION to read:
SECTION X. The Office of Court Administration and the South Carolina Criminal Justice Academy shall collaborate to create the designated form for law enforcement officers and for judges to use to request a state or local government 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 government 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 government 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.
A state or local government agency may provide a supplemental form for the purposes of identifying information needed by the state or local government agency to address the eligible requesting party's request.
Renumber sections to conform.
Amend title to conform.