South Carolina General Assembly
119th Session, 2011-2012

Download This Bill in Microsoft Word format

Indicates Matter Stricken
Indicates New Matter

S. 1004

STATUS INFORMATION

General Bill
Sponsors: Senators Cromer and Ford
Document Path: l:\s-res\rwc\002anti.kmm.rwc.docx

Introduced in the Senate on January 10, 2012
Introduced in the House on April 17, 2012
Last Amended on March 29, 2012
Currently residing in the House Committee on Labor, Commerce and Industry

Summary: Regulation of unsolicited consumer telephone calls

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  11/28/2011  Senate  Prefiled
  11/28/2011  Senate  Referred to Committee on Judiciary
   1/10/2012  Senate  Introduced and read first time (Senate Journal-page 9)
   1/10/2012  Senate  Referred to Committee on Judiciary 
                        (Senate Journal-page 9)
    1/9/2012  Senate  Referred to Subcommittee: Knotts (ch), Massey, Coleman
   3/28/2012  Senate  Committee report: Favorable with amendment Judiciary 
                        (Senate Journal-page 13)
   3/29/2012  Senate  Committee Amendment Adopted (Senate Journal-page 22)
   3/29/2012  Senate  Read second time (Senate Journal-page 22)
   3/29/2012  Senate  Roll call Ayes-37  Nays-0 (Senate Journal-page 22)
   4/10/2012  Senate  Read third time and sent to House 
                        (Senate Journal-page 15)
   4/17/2012  House   Introduced and read first time (House Journal-page 8)
   4/17/2012  House   Referred to Committee on Labor, Commerce and Industry 
                        (House Journal-page 8)

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

11/28/2011
3/28/2012
3/29/2012

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

COMMITTEE AMENDMENT ADOPTED

March 29, 2012

S. 1004

Introduced by Senators Cromer and Ford

S. Printed 3/29/12--S.

Read the first time January 10, 2012.

            

A BILL

TO AMEND SECTION 16-17-445 OF THE 1976 CODE, RELATING TO THE REGULATION OF UNSOLICITED CONSUMER TELEPHONE CALLS, TO PROVIDE THAT TELEPHONE SOLICITORS MUST INCLUDE ACCURATE IDENTIFYING INFORMATION ON CALLER IDENTIFICATION DISPLAYS.

Amend Title To Conform

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

SECTION    1.    Article 7, Chapter 17, Title 16 of the 1976 Code is amended by adding:

"Section 16-17-447.    (A)    For purposes of this section:

(1)    'Call' means a telephone call made using a public switched telephone network, wireless cellular telephone service, or other Voice-Over-Internet Protocol (VOIP) service that has the capability of accessing users on the public switched telephone network or a successor network.

(2)    'Caller' means a person who places a call by a telephone, over a telephone line, or on a computer.

(3)    'Caller identification system' means a listing of a caller's name, telephone number, or name and telephone number that is shown to a recipient of a call when the call is received.

(4)    'Enter' means to input data into a computer or telephone system.

(5)    'False information' means data that misrepresents the caller's identity to the recipient of a call or the network itself; however, when a person making an authorized call on behalf of another person inserts the name, telephone number, or name and telephone number of the person on whose behalf the call is being made, such information must not be deemed false information.

(B)    It is unlawful for a person to enter or cause to be entered false information into a caller identification system with the intent to deceive, defraud, or mislead the recipient of a call.

(C)    It is unlawful for a person to place a call knowing that false information was entered into a caller identification system with the intent to deceive, defraud, or mislead the recipient of a call.

(D)    This section does not apply to:

(1)    the blocking of caller identification information;

(2)    a law enforcement agency;

(3)    an intelligence or security agency of the United States government; or

(4)    a telecommunications, broadband, or Voice-Over-Internet Protocol (VOIP) service provider that is acting solely as an intermediary for the transmission of telephone service between a caller and a recipient.

(E)(1)    The Department of Consumer Affairs shall investigate complaints received concerning violations of this section. If the Department of Consumer Affairs has reason to believe that there has been a violation, the Department of Consumer Affairs may request a contested case hearing before the Administrative Law Court to impose a civil penalty not to exceed one hundred dollars for a first violation, two hundred dollars for a second violation, and one thousand dollars for a third or subsequent violation. The Department of Consumer Affairs may also bring a civil action in the Court of Common Pleas seeking other relief, including injunctive relief, as the court considers appropriate against a person who violates this section. The Department of Consumer Affairs may request that the Administrative Law Court or the Court of Common Pleas, as applicable, order a person who violates this section to pay the cost of investigating the violation. Each violation constitutes a separate offense for purposes of this section.

(2)    In addition, a person who violates this section is guilty of a misdemeanor and, upon conviction, for a first or second offense, must be fined not more than two hundred dollars or imprisoned for not more than thirty days, and for a third or subsequent offense must be fined not less than two hundred dollars nor more than five hundred dollars or imprisoned for not more than thirty days. Each violation constitutes a separate offense for purposes of this section. A law enforcement agency investigating a violation of this section may request that the court order the person who committed the violation to pay the cost of investigating the violation."

SECTION    2.    This act takes effect upon approval by the Governor.

----XX----

This web page was last updated on Tuesday, December 10, 2013 at 10:06 A.M.