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Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 12, 2003
H. 3198
Introduced by Reps. Easterday, Altman, Coates, Sandifer, McGee and Clemmons
S. Printed 2/12/03--H.
Read the first time January 14, 2003.
To whom was referred a Bill (H. 3198) to amend Section 30-2-50, Code of Laws of South Carolina, 1976, relating to the prohibition of knowingly obtaining or using personal information obtained from a public body, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by inserting immediately after the enacting words:
/ 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;
(e) selling or marketing real property and real property services." /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
TO AMEND SECTION 30-2-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. 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 a 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 2. This act takes effect upon approval by the Governor.
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