South Carolina General Assembly
115th Session, 2003-2004

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 6

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Kuhn, Mescher, Elliott, Alexander, Ravenel, Reese, Knotts, Richardson, Peeler, Leatherman and Rankin
Document Path: l:\council\bills\dka\3035dw03.doc
Companion/Similar bill(s): 3198, 3232

Introduced in the Senate on January 14, 2003
Introduced in the House on February 27, 2003
Last Amended on February 25, 2003
Currently residing in the House Committee on Judiciary

Summary: Commercial solicitation, definition of changed; state agency substituted for public body

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/4/2002  Senate  Prefiled
   12/4/2002  Senate  Referred to Committee on Judiciary
   1/14/2003  Senate  Introduced and read first time SJ-6
   1/14/2003  Senate  Referred to Committee on Judiciary SJ-6
   2/19/2003  Senate  Committee report: Favorable with amendment Judiciary 
                        SJ-15
   2/25/2003  Senate  Amended SJ-27
   2/25/2003  Senate  Read second time SJ-27
   2/26/2003  Senate  Read third time and sent to House SJ-25
   2/27/2003  House   Introduced and read first time HJ-3
   2/27/2003  House   Referred to Committee on Judiciary HJ-3

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/4/2002
2/19/2003
2/25/2003

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

February 25, 2003

S. 6

Introduced by Senators McConnell, Kuhn, Mescher, Elliott, Alexander, Ravenel, Reese, Knotts, Richardson, Peeler, Leatherman and Rankin

S. Printed 2/25/03--S.

Read the first time January 14, 2003.

            

A BILL

TO AMEND SECTION 30-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO CHANGE THE DEFINITION OF "COMMERCIAL SOLICITATION"; 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 PROVIDE AN EXCLUSION.

Amend Title To Conform

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

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 sponsored by not-for-profit professional associations;

(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."

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 public body state agency for commercial solicitation directed to any person in this State.

(B)    Every public body Each state agency shall provide a notice to all requestors of records under pursuant to this chapter and to all persons who obtain records under 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."

SECTION    3.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Monday, December 7, 2009 at 10:13 A.M.