Amendment vs bill Amendment 4GJ7I3-1 vs Engrossed

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SB329 ENGROSSED LPH7AW-2 By Senator Barfoot RFD:
4GJ7I3-1 05/23/2023 CNB (L)bm 2023-2264 Sub SB329 JUDICIARY SUBSTITUTE TO SB329 OFFERED BY SENATOR BARFOOT 2 4 SYNOPSIS:
Judiciary First Read:
This bill creates the Judicial Privacy Act.
16-May-23 2023 Regular Session Page 0 SB329 Engrossed 2 4 6 A BILL TO BE ENTITLED AN ACT Relating to judges and justices;
This bill would prohibit government agencies, individuals, businesses, and associations from publicly posting or displaying judge's or justice's personal information on the Internet, provided they have received a written request from the judge or justice to refrain from doing so.
This bill would prohibit commercial data collectors from knowingly selling, trading, licensing, transferring, or purchasing judges' personally identifiable information.
This bill would provide for a process for judges and justices to request their personal information not be made public.
This bill would also provide for penalties for violations.
Section 111.05 of the Constitution of Alabama of 2022, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless:
it comes within one of a number of specified exceptions;
it is approved by the affected entity;
or the Legislature appropriates funds, or Page 1 provides a local source of revenue, to the entity for the purpose.
The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment.
However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment.
A BILL TO BE ENTITLED AN ACT Relating to judges and justices;
and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section 111.05 of the Constitution of Alabama of 2022.
and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Section Page 2 111.05 of the Constitution of Alabama of 2022.
Page 1 SB329 Engrossed (1) DATA BROKER.
(1) DATA BROKER.
3.
Page 3 3.
An executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or Page 2 SB329 Engrossed of a state or of a county, municipality, or other political subdivision of a state.
An executive, legislative, or judicial agency, department, board, commission, authority, institution, or instrumentality of the federal government or of a state or of a county, municipality, or other political subdivision of a state.
a.
Page 4 a.
Page 3 SB329 Engrossed d.
d.
95 l.
l.
(c) The judicial officer's and his or her immediate family's personal information shall be confidential and not be considered a public record for purposes of Article 3 of Chapter 12 of Title 36, Code of Alabama 1975.
Page 5 (c) The judicial officer's and his or her immediate family's personal information shall be confidential and not be considered a public record for purposes of Article 3 of Chapter 12 of Title 36, Code of Alabama 1975.
(d) If a government agency fails to comply with a written request to refrain from posting or displaying personal Page 4 SB329 Engrossed information publicly on a website, the judicial officer may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction.
(d) If a government agency fails to comply with a written request to refrain from posting or displaying personal information publicly on a website, the judicial officer may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction.
(c) After a person has received a written request from a judicial officer to protect the privacy of the personal information of the judicial officer and his or her immediate family, the person shall have 72 hours after the receipt of such request to remove the personal information from the Internet.
Page 6 (c) After a person has received a written request from a judicial officer to protect the privacy of the personal information of the judicial officer and his or her immediate family, the person shall have 72 hours after the receipt of such request to remove the personal information from the Internet.
Page 5 SB329 Engrossed (d) After a person has received a written request from a judicial officer, that person shall ensure that the judicial officer's and his or her immediate family member's personal information is not made available on any website or subsidiary website controlled by that person.
(d) After a person has received a written request from a judicial officer, that person shall ensure that the judicial officer's and his or her immediate family member's personal information is not made available on any website or subsidiary website controlled by that person.
(b)(1) If a data broker violates this section, the judicial officer may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction.
(b)(1) If a data broker violates this section, the Page 7 judicial officer may bring an action seeking injunctive or declaratory relief in any court of competent jurisdiction.
Page 6 SB329 Engrossed Section 6.
Section 6.
Receipt of the written request list compiled by the Alabama Administrative Office of Courts by a government agency shall constitute a written request to that agency for the purposes of this act.
Receipt of the written request list compiled by the Alabama Administrative Office of Courts by a government agency shall Page 8 constitute a written request to that agency for the purposes of this act.
(c) A representative from the judicial officer's employer may submit a written request on the judicial officer's behalf if the judicial officer gives written consent to the representative and the representative agrees to furnish Page 7 SB329 Engrossed a copy of that consent when a written request is made.
(c) A representative from the judicial officer's employer may submit a written request on the judicial officer's behalf if the judicial officer gives written consent to the representative and the representative agrees to furnish a copy of that consent when a written request is made.
(a) It is unlawful for a person to knowingly publicly post on the Internet the personal information of a judicial officer or the judicial officer's immediate family if the individual knows or should have known that publicly posting the personal information poses an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family, and the violation is a proximate cause of bodily injury or death of the judicial officer or a member of the judicial officer's immediate Page 8 SB329 Engrossed family.
(a) It is unlawful for a person to knowingly publicly post on the Internet the personal information of a judicial officer or the judicial officer's immediate family if Page 9 the individual knows or should have known that publicly posting the personal information poses an imminent and serious threat to the health and safety of the judicial officer or the judicial officer's immediate family, and the violation is a proximate cause of bodily injury or death of the judicial officer or a member of the judicial officer's immediate family.
Page 9 SB329 Engrossed Senate Read for the first time and referred ................16-May-23 to the Senate committee on Judiciary Read for the second time and placed ................24-May-23 on the calendar:
0 amendments Read for the third time and passed ................25-May-23 as amended Yeas 30 Nays 0 Abstains 0 Patrick Harris, Secretary.