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A20, R46, H3198
STATUS INFORMATION
General Bill
Sponsors: Reps. Easterday, Altman, Coates, Sandifer, McGee, Clemmons and Edge
Document Path: l:\council\bills\dka\3088dw03.doc
Companion/Similar bill(s): 6, 3232
Introduced in the House on January 14, 2003
Introduced in the Senate on February 25, 2003
Last Amended on March 5, 2003
Passed by the General Assembly on March 19, 2003
Governor's Action: April 21, 2003, Signed
Summary: Commercial solicitation, definition of changed; state agency substituted for a public body
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/11/2002 House Prefiled
12/11/2002 House Referred to Committee on Judiciary
1/14/2003 House Introduced and read first time HJ-78
1/14/2003 House Referred to Committee on Judiciary HJ-78
2/5/2003 House Member(s) request name added as sponsor: Sandifer
2/6/2003 House Member(s) request name added as sponsor: McGee
2/12/2003 House Member(s) request name added as sponsor: Clemmons
2/12/2003 House Committee report: Favorable with amendment Judiciary HJ-2
2/18/2003 House Member(s) request name added as sponsor: Edge
2/18/2003 House Debate adjourned until Wednesday, February 19, 2003 HJ-14
2/19/2003 House Amended HJ-21
2/19/2003 House Read second time HJ-22
2/20/2003 House Read third time and sent to Senate HJ-20
2/25/2003 Senate Introduced and read first time SJ-14
2/25/2003 Senate Referred to Committee on Judiciary SJ-14
3/4/2003 Senate Recalled from Committee on Judiciary SJ-4
3/5/2003 Senate Amended SJ-18
3/5/2003 Senate Read second time SJ-18
3/5/2003 Senate Ordered to third reading with notice of amendments SJ-18
3/6/2003 Senate Read third time and returned to House with amendments
SJ-7
3/6/2003 Scrivener's error corrected
3/19/2003 House Concurred in Senate amendment and enrolled HJ-31
4/16/2003 Ratified R 46
4/21/2003 Signed By Governor
5/1/2003 Copies available
5/1/2003 Effective date 04/21/03
5/12/2003 Act No. 20
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
12/11/2002
2/12/2003
2/19/2003
3/4/2003
3/5/2003
3/6/2003
(A20, R46, H3198)
AN ACT TO AMEND SECTION 30-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS OF TERMS USED IN THE FAMILY PRIVACY PROTECTION ACT, SO AS TO CLARIFY THE DEFINITION OF "COMMERCIAL SOLICITATION", WHICH EXCLUDES FROM THE DEFINITION NOTIFICATION OF CONTINUING EDUCATION SPONSORED BY NONPROFIT ASSOCIATIONS, SO AS TO DELETE THE REFERENCE TO NONPROFIT ASSOCIATIONS; AND TO AMEND SECTION 30-2-50, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO FURTHER PROVIDE THAT THE FAMILY PRIVACY PROTECTION ACT DOES NOT APPLY TO A LOCAL GOVERNMENTAL ENTITY OF A SUBDIVISION OF THIS STATE OR LOCAL GOVERNMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Definition revised
SECTION 1. Section 30-2-30(3) of the 1976 Code, as added by Act 225 of 2002, is amended to read:
"(3) 'Commercial solicitation' means contact by telephone, mail, or electronic mail for the purpose of selling or marketing a consumer product or service. 'Commercial solicitation' does not include contact by whatever means for the purpose of:
(a) offering membership in a credit union;
(b) notification of continuing education opportunities;
(c) selling or marketing banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338; or
(d) contacting persons for political purposes using information on file with state or local voter registration offices."
State agency information not to be used for commercial solicitation
SECTION 2. Section 30-2-50 of the 1976 Code, as added by Act 225 of 2002, is amended to read:
"Section 30-2-50. (A) A person or private entity shall not knowingly obtain or use any personal information obtained from a state agency for commercial solicitation directed to any person in this State.
(B) Each state agency shall provide a notice to all requestors of records pursuant to this chapter and to all persons who obtain records pursuant to this chapter that obtaining or using public records for commercial solicitation directed to any person in this State is prohibited.
(C) All state agencies shall take reasonable measures to ensure that no person or private entity obtains or distributes personal information obtained from a public record for commercial solicitation.
(D) A person knowingly violating the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both.
(E) This chapter does not apply to a local governmental entity of a subdivision of this state or local government."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Ratified the 16th day of April, 2003.
Approved the 21st day of April, 2003.
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