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Indicates Matter Stricken
Indicates New Matter
April 12, 2007
Introduced by Senators Campsen, Bryant, Hayes, Williams, Cromer, Elliott, Thomas, Mescher, Verdin, Martin and Ford
S. Printed 4/12/07--S.
Read the first time March 15, 2007.
To whom was referred a Bill (S. 584) 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
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. RITCHIE, JR. for Committee.
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 MUST BE SEALED, TO PROVIDE ACCESS TO A FINANCIAL DECLARATION UPON REQUEST ONLY BY THE PARTIES, THE COURT AND PERSONNEL OF THE COURT, AND THE CHILD SUPPORT ENFORCEMENT DIVISION OF THE DEPARTMENT OF SOCIAL SERVICES, AND TO PROHIBIT OTHER ACCESS EXCEPT UPON ORDER OF THE COURT FOR GOOD CAUSE SHOWN; 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 EXCEPT ON ORDER OF THE COURT FOR GOOD CAUSE SHOWN.
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. 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, 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 2. Section 30-4-40 of the 1976 Code, as last amended by Act 380 of 2006, is further amended by adding an appropriately lettered subsection at the end to read:
"( ) Financial declarations that are made a part of the court record in any matter before the family court are exempt from disclosure except as provided for in Section 20-3-240."
SECTION 3. This act takes effect upon approval by the Governor.
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