H 4721 General Bill, By Meacham, Allison, Bailey, T. Brown, A.W. Byrd, Clyburn, 
Davenport, J. Hines, Inabinett, Kirsh, Lanford, Lloyd, Moody-Lawrence, Seithel, 
Simrill, Tripp, Whatley and Witherspoon
 A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
 CHAPTER 3 SO AS TO ENACT THE "SOUTH CAROLINA PRIVACY ACT OF 1998", TO PROVIDE
 THAT IT IS UNLAWFUL FOR ANY STATE OR LOCAL GOVERNMENTAL AGENCY TO DENY TO ANY
 INDIVIDUAL ANY RIGHT, BENEFIT, OR PRIVILEGE PROVIDED OR AUTHORIZED BY LAW
 BECAUSE OF THE INDIVIDUAL'S REFUSAL TO DISCLOSE HIS SOCIAL SECURITY NUMBER OR
 HIS DRIVER'S LICENSE NUMBER; TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON,
 CORPORATION, OR OTHER BUSINESS ENTITY, HOWEVER DENOMINATED, LICENSED TO DO
 BUSINESS IN THIS STATE BY ANY STATE OR LOCAL GOVERNMENTAL AGENCY TO DENY TO
 ANY INDIVIDUAL ANY GOODS, SERVICE, RIGHT, PRIVILEGE, OR BENEFIT OFFERED TO THE
 PUBLIC BECAUSE OF THE INDIVIDUAL'S REFUSAL TO DISCLOSE HIS SOCIAL SECURITY
 NUMBER OR HIS DRIVER'S LICENSE NUMBER, AND TO PROVIDE PENALTIES FOR THE
 VIOLATION OF THE ACT.

   02/26/98  House  Introduced and read first time HJ-8
   02/26/98  House  Referred to Committee on Judiciary HJ-9

A BILL

TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 3 SO AS TO ENACT THE "SOUTH CAROLINA PRIVACY ACT OF 1998", TO PROVIDE THAT IT IS UNLAWFUL FOR ANY STATE OR LOCAL GOVERNMENTAL AGENCY TO DENY TO ANY INDIVIDUAL ANY RIGHT, BENEFIT, OR PRIVILEGE PROVIDED OR AUTHORIZED BY LAW BECAUSE OF THE INDIVIDUAL'S REFUSAL TO DISCLOSE HIS SOCIAL SECURITY NUMBER OR HIS DRIVER'S LICENSE NUMBER; TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON, CORPORATION, OR OTHER BUSINESS ENTITY, HOWEVER DENOMINATED, LICENSED TO DO BUSINESS IN THIS STATE BY ANY STATE OR LOCAL GOVERNMENTAL AGENCY TO DENY TO ANY INDIVIDUAL ANY GOODS, SERVICE, RIGHT, PRIVILEGE, OR BENEFIT OFFERED TO THE PUBLIC BECAUSE OF THE INDIVIDUAL'S REFUSAL TO DISCLOSE HIS SOCIAL SECURITY NUMBER OR HIS DRIVER'S LICENSE NUMBER, AND TO PROVIDE PENALTIES FOR THE VIOLATION OF THE ACT.

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

SECTION 1. Title 30 of the 1976 Code is amended by adding:

Privacy Act

Section 30-3-10. (A) It shall be unlawful for any state or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number or driver's license number.

(B) The provisions of paragraph (A) of this section shall not apply with respect to:

(1) any disclosure which is required by a federal or state statute, or

(2) the disclosure of a social security number or driver's license number to any federal, state, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual.

Section 30-3-20. Any state or local government agency which requests an individual to disclose his social security account number or driver's license number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.

Section 30-3-30. (A) It shall be unlawful for any person, corporation, or other business entity, however denominated, licensed to do business in this State by any state or local government agency to deny to any individual any goods or service, or any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number or driver's license number.

(B) The provisions of paragraph (A) of this section shall not apply with respect to:

(1) any disclosure which is required by federal or state statute, or

(2) the disclosure of a social security number or driver's license number to any federal, state, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verify the identity of an individual.

Section 30-3-40. Any person, corporation, or other business entity, however denominated, licensed to do business in this State by any state, or local government agency which requests an individual to disclose his social security account number or driver's license number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it.

Section 30-3-50. Any special purpose district providing a governmental service is a local governmental agency for purposes of this chapter.

Section 30-3-60. Any person intentionally violating any provision of this chapter is guilty of a felony and, upon conviction, must be punished by imprisonment for a period of not less than one year or more than five years, by the payment of a fine of not less than one thousand dollars nor more than five thousand dollars, or both."

SECTION 2. This act takes effect upon approval by the Governor.