South Carolina General Assembly
106th Session, 1985-1986

Bill 229


                    Current Status

Bill Number:               229
Ratification Number:       157
Act Number:                108
Introducing Body:          Senate
Subject:                        Confidential library records
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A108, R157, S229)

AN ACT TO AMEND TITLE 60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND ARTS, BY ADDING CHAPTER 4, SO AS TO PROVIDE THAT RECORDS RELATED TO REGISTRATION AND CIRCULATION OF LIBRARY MATERIALS WHICH CONTAIN NAMES OR OTHER PERSONALLY IDENTIFYING DETAILS REGARDING THE USERS OF PUBLIC, PRIVATE, SCHOOL, COLLEGE, TECHNICAL COLLEGE, UNIVERSITY, AND STATE INSTITUTIONAL LIBRARIES AND LIBRARY SYSTEMS, SUPPORTED IN WHOLE OR IN PART BY PUBLIC FUNDS OR EXPENDING PUBLIC FUNDS ARE CONFIDENTIAL INFORMATION; TO INCLUDE AS CONFIDENTIAL INFORMATION RECORDS WHICH REVEAL THE IDENTITY OF THE LIBRARY PATRON CHECKING OUT OR REQUESTING AN ITEM FROM THE LIBRARY OR USING OTHER LIBRARY SERVICES; TO EXCLUDE FROM CONFIDENTIAL RECORDS NONIDENTIFYING ADMINISTRATIVE AND STATISTICAL REPORTS OF REGISTRATION AND CIRCULATION; TO ALLOW FOR DISCLOSURE OF THE CONFIDENTIAL INFORMATION TO PERSONS ACTING WITHIN THE SCOPE OF THEIR DUTIES IN THE ADMINISTRATION OF THE LIBRARY OR LIBRARY SYSTEM OR PERSONS AUTHORIZED BY THE LIBRARY PATRON TO INSPECT HIS RECORDS, OR IN ACCORDANCE WITH PROPER JUDICIAL ORDER IF THE DISCLOSURE IS NECESSARY TO PROTECT PUBLIC SAFETY, TO PROSECUTE A CRIME, OR UPON SHOWING OF GOOD CAUSE BEFORE THE PRESIDING JUDGE IN A CIVIL MATTER; TO DEFINE "REGISTRATION RECORDS" AND "CIRCULATION RECORDS"; AND TO PROVIDE PENALTIES FOR VIOLATIONS; AND TO AMEND SECTION 30-1-10, RELATING TO PUBLIC RECORDS, REPORTS, AND OFFICIAL DOCUMENTS, AND ACT 593 OF 1978, AS AMENDED, RELATING TO THE FREEDOM OF INFORMATION ACT, SO AS TO EXCLUDE FROM THE DEFINITION OF "PUBLIC RECORDS" THE RECORDS IDENTIFIED IN CHAPTER 4 OF TITLE 60 AS CONFIDENTIAL INFORMATION.

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

Confidential library records

SECTION 1. Title 60 of the 1976 Code is amended by adding:

"CHAPTER 4

CONFIDENTIAL LIBRARY RECORDS

Section 60-4-10. Records related to registration and circulation of library materials which contain names or other personally identifying details regarding the users of public, private, school, college, technical college, university, and state institutional libraries and library systems, supported in whole or in part by public funds or expending public funds, are confidential information.

Records which by themselves or when examined with other public records would reveal the identity of the library patron checking out or requesting an item from the library or using other library services are confidential information.

The confidential records do not include nonidentifying administrative and statistical reports of registration and circulation.

The confidential records may not be disclosed except to persons acting within the scope of their duties in the administration of the library or library system or persons authorized by the library patron to inspect his records, or in accordance with proper judicial order upon a finding that the disclosure of the records is necessary to protect public safety, to prosecute a crime or upon showing of good cause before the presiding Judge in a civil matter.

Section 60-4-20. As used in this chapter, the term 'registration records' includes any information which a library requires a patron to provide in order to become eligible to borrow books and other materials, and the term 'circulation records' includes all information which identifies the patrons borrowing particular books and other materials.

Section 60-4-30. Any person violating the provisions of Section 60-4-10 must upon conviction be fined not more than five hundred dollars or imprisoned for not more than thirty days for the first offense, must be fined not more than one thousand dollars or imprisoned for not more than sixty days for the second offense, and must be fined not more than two thousand dollars or imprisoned for not more than ninety days for the third or subsequent offense."

Definition

SECTION 2. Section 30-1-10 of the 1976 Code is amended to read:

"Section 30-1-10. For the purposes of Sections 30-1-10 to 30-1-140 'public records' means the records of meetings of all public agencies and includes all other records which by law are required to be kept or maintained by any public agency, and includes all documents containing information relating to the conduct of the public's business prepared, owned, used, or retained by any public agency, regardless of physical form or characteristics. Records such as income tax returns, medical records, scholastic records, adoption records, records related to registration and circulation of library materials which contain names or other personally identifying details regarding the users of public, private, school, college, technical college, university, and state institutional libraries and library systems, supported in whole or in part by public funds or expending public funds, or records which reveal the identity of the library patron checking out or requesting an item from the library or using other library services, except nonidentifying administrative and statistical reports of registration and circulation, and other records which by law are required to be closed to the public are not considered to be made open to the public under the provisions of Sections 30-1-10 to 30-1-140, nor does the definition of public records include those records where it is shown that the public interest is best served by not disclosing them to the public. If necessary, security copies of closed or restricted records may be kept in the South Carolina Department of Archives and History, with the approval of the agency or political subdivision of origin and the Director of the Department of Archives and History. For purposes of records management closed and restricted records may be disposed of in accordance with the provisions of Sections 30-1-10 to 30-1-140 for the disposal of public records.

'Agency' means any state department, agency, or institution.

'Subdivision' means any political subdivision of the State.

'Archives' means the South Carolina Department of Archives and History.

'Director' means the Director of the Department of Archives and History."

Definition

SECTION 3. Subsection (c) of Section 3 of Act 593 of 1978 is amended to read:

"(c) 'Public record' includes all books, papers, maps, photographs, cards, tapes, recordings, or other documentary materials regardless of physical form or characteristics prepared, owned, used, in the possession of, or retained by a public body. Records such as income tax returns, medical records, hospital medical staff reports, scholastic records, adoption records, records related to registration and circulation of library materials which contain names or other personally identifying details regarding the users of public, private, school, college, technical college, university, and state institutional libraries and library systems, supported in whole or in part by public funds or expending public funds, or records which reveal the identity of the library patron checking out or requesting an item from the library or using other library services, except nonidentifying administrative and statistical reports of registration and circulation, and other records which by law are required to be closed to the public are not considered to be made open to the public under the provisions of this act nor does the definition of public records include those records where the public body, by favorable public vote of three-fourths of the membership taken within fifteen working days after receipt of written request, concludes that the public interest is best served by not disclosing them. Nothing authorizes or requires the disclosure of records of the Board of Financial Institutions pertaining to applications and surveys for charters and branches of banks and savings and loan associations or surveys and examinations of the institutions required to be made by law."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.