South Carolina H 3460: SC Gentrification Trust Fund created

Bill Text

2025-2026 Bill 3460 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3460

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 
1-17-142 SO AS TO AUTHORIZE A LAW ENFORCEMENT OFFICER, A CIRCUIT SOLICITOR, OR 
THE ATTORNEY GENERAL TO REQUIRE THE DISCLOSURE OF ELECTRONIC COMMUNICATIONS AND 
OTHER RELATED RECORDS BY A PROVIDER OF AN ELECTRONIC COMMUNICATION SERVICE OR 
REMOTE COMPUTING SERVICE UNDER CERTAIN CIRCUMSTANCES.

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

SECTION 1. Chapter 17, Title 1 of the S.C. Code is amended by 
adding:

 Section 
1-17-142. (A) A law enforcement 
officer, circuit solicitor, or the Attorney General may require the disclosure 
of stored wire, digital, or electronic communications, as well as transactional 
records and subscriber information pertaining to them, to the extent and under 
the procedures and conditions provided for by federal law.

 (B) A 
provider of electronic communication service or remote computing service shall 
provide subscriber information as well as the contents of, and transactional 
records pertaining to, wire, digital, or electronic communications in its 
possession or reasonably accessible when a requesting law enforcement officer, 
a circuit solicitor, or the Attorney General complies with the provisions for 
access pursuant to federal law.

 (C) 
This section specifically authorizes a court of competent jurisdiction in this 
State, as defined by 18 U.S.C. Section 2711, to issue appropriate orders 
pursuant to the requirements and procedures of 18 U.S.C. Section 2703(d) for 
production of stored wire, digital, or electronic transactional records or 
subscriber information. These orders have application statewide and to the 
extent provided by federal law.

 (D) 
This section specifically authorizes a court of competent jurisdiction in this 
State, as defined by 18 U.S.C. Section 2711, to issue search warrants pursuant 
to the procedures established by Section 17-13-140, notwithstanding any 
jurisdictional limitations contained in that section, for production of stored 
wire, digital, or electronic communications and transactional records 
pertaining to them. Search warrants have application statewide and to the 
extent provided by federal law.

 (E) 
This section specifically authorizes the Attorney General, circuit solicitor, 
or the State Law Enforcement Division to issue a subpoena to compel disclosure 
or production of any stored electronic records pertaining to a subscriber or 
customer pursuant to 18 U.S.C. Section 2703(c)(2), or any successor statute. 
The subpoena may only be issued upon a showing that the requested material is 
relevant to an ongoing criminal investigation.

 (F) A 
South Carolina corporation or business entity that provides electronic 
communication services or remote computing services to the general public, when 
served with a valid subpoena, court order, or warrant issued by another state 
to produce records that could reveal the identity of the customers using those 
services, data stored by or on behalf of the customer, the customer's usage of 
those services, the recipient or destination of communications sent to or from 
those customers, or the content of those communications, shall produce those 
records as if that warrant had been issued by a court of competent jurisdiction 
in this State. This provision applies to businesses organized pursuant to the 
laws of South Carolina, businesses whose domicile or principal place of 
business is in South Carolina, foreign businesses where the electronic data in 
question is stored in South Carolina, and foreign corporate entities doing 
business in the State of South Carolina.

 (G) An 
intentional violation of this section is punishable as contempt of court. 
However, a provider of electronic communication service or remote computing 
service is immune from any civil, criminal, or other proceeding against a 
communications service provider or its directors, officers, employees, agents, 
or vendors for providing information in good faith in response to a warrant, 
court order, or valid subpoena issued pursuant to this section.

 (H) 
All terms used in this section must be defined consistent with 18 U.S.C. 
Section 2510, 18 U.S.C. Section 2711, and Section 17-30-15.

 (I) 
Nothing herein expands the obligations of electronic communications service 
providers.

SECTION 2. The repeal or amendment by this act 
of any law, whether temporary or permanent or civil or criminal, does not affect 
pending actions, rights, duties, or liabilities founded thereon, or alter, 
discharge, release or extinguish any penalty, forfeiture, or liability incurred 
under the repealed or amended law, unless the repealed or am