H 3091 Session 111 (1995-1996)
H 3091 General Bill, By J.L.M. Cromer, W.D. Keyserling, Kirsh, Knotts and
J.S. Shissias
Similar(H 3291)
A Bill to amend Section 30-4-70, Code of Laws of South Carolina, 1976,
relating to meetings which may be closed to the public under the Freedom of
Information Act, so as to provide that the meetings of a legislative caucus
may not be closed to the public.
12/14/94 House Prefiled
12/14/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-34
01/10/95 House Referred to Committee on Judiciary HJ-34
02/08/95 House Committee report: Favorable with amendment
Judiciary HJ-4
02/09/95 House Amended HJ-13
02/09/95 House Read second time HJ-14
02/09/95 House Unanimous consent for third reading on next
legislative day HJ-14
02/10/95 House Read third time and sent to Senate HJ-2
02/14/95 Senate Introduced and read first time SJ-11
02/14/95 Senate Referred to Committee on Judiciary SJ-11
05/03/95 Senate Committee report: Favorable Judiciary SJ-8
05/10/95 Senate Amended SJ-22
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 10, 1995
H. 3091
Introduced by REPS. Cromer, Keyserling, Kirsh, Knotts and
Shissias
S. Printed 5/10/95--S.
Read the first time February 14, 1995.
A BILL
TO AMEND SECTION 30-4-70, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO MEETINGS WHICH MAY
BE CLOSED TO THE PUBLIC UNDER THE FREEDOM OF
INFORMATION ACT, SO AS TO PROVIDE THAT THE
MEETINGS OF A LEGISLATIVE CAUCUS MAY NOT BE
CLOSED TO THE PUBLIC.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 30-4-70(d) of the 1976 Code is amended
to read:
"(d) Sessions of the General Assembly may enter into
executive sessions authorized by the Constitution of this State and
rules adopted pursuant thereto to them.
However, meetings of a legislative caucus as defined in Section
2-17-10(11), may not be closed to the public and must be open to
the public pursuant to Section 30-4-60."
SECTION 2. Section 2-17-10(11) of the 1976 Code is amended
to read:
"(11) `Legislative caucus' means:
(a) a committee of either house of the General Assembly,
or a combination of both houses, controlled by the caucus of a
political party or a caucus based upon racial or ethnic affinity, or
gender;
(b) a party or group of either house of the General
Assembly, or a combination of both houses, based upon
racial or ethnic affinity, or gender. However, each house may
establish only one committee for each racial-, ethnic-, or
gender-based affinity."
SECTION 3. Section 30-4-70(a)(6) of the 1976 Code is
amended to read:
"(6) Prior to going into executive session the public
agency shall vote in public on the question and when such
the vote is favorable the presiding officer shall announce
the specific purpose of the executive session. No formal action
may be taken in executive session. As used in this item `formal
action' means a recorded vote committing the body concerned to a
specific course of action. No vote may be taken in executive
session. The provisions of this section do not apply to a
legislative caucus' organizational votes cast by secret
ballot."
SECTION 4. Section 30-4-80(b) of the 1976 Code is amended
to read:
"(b) Legislative committees must post their meeting times
during weeks of the regular session of the General Assembly and
must comply with the provisions for notice of special meetings
during those weeks when the General Assembly is not in session.
Subcommittees of standing legislative committees and
legislative caucuses, as defined in Section 2-17-10(11), must
give notice during weeks of the legislative session only if it is
practicable to do so."
SECTION 5. Article 1, Chapter 54, Title 12 of the 1976 Code
is amended by adding:
"Section 12-54-300. Sections 12-54-300 through
12-54-350 are known and may be cited as the `Driver's Privacy
Protection Act'.
Section 12-54-310. As used in Sections 12-54-300 through
12-54-350:
(1) `Department' means either the Department of Revenue or
the Department of Public Safety;
(2) `Motor vehicle record' means any record that pertains to a
motor vehicle operator's permit, motor vehicle title, motor vehicle
registration, or identification card issued by the department;
(3) `Person' means an individual, organization, or entity, but
does not include the state or a department or agency thereof; and
(4) `Personal information' means information that identifies an
individual, including an individual's photograph; social security
number; driver identification number; name; mailing address or
street address, but not does not include the county of registration or
the five-digit zip code; telephone number; and medical or disability
information. `Personal information' does not include information
on vehicular accidents, driving violations, and driver status.
Section 12-54-320. (A) Except as provided in subsection (B),
the department, or any officer, employee, or agent thereof, shall not
knowingly disclose or otherwise make available to any person
personal information about any individual obtained by the
department in connection with a motor vehicle record.
(B) The personal information referred to in subsection (A) shall
be disclosed for use in connection with matters of motor vehicle or
driver safety and theft, motor vehicle emissions, motor vehicle
product alterations, recalls, or advisories, performance monitoring
of motor vehicles and dealers by motor vehicle manufacturers, and
removal of non-owner records from the original owner records of
motor vehicle manufacturers to carry out the purposes of the
Automobile Information Disclosure Act, the Motor Vehicle
Information and Cost Saving Act, the National Traffic and Motor
Vehicle Safety Act of 1966, the Anti-Car Theft Act of 1992, and
the Clean Air Act, and may be disclosed as follows:
(1) for use by any governmental department or agency,
including any law enforcement agency, in carrying out its functions;
(2) for use in connection with any civil, criminal,
administrative, or arbitral proceeding in any federal or state court or
agency, including the service of process, investigation in
anticipation of litigation, and the execution or enforcement of
judgments and orders, or pursuant to an order of a federal or state
court;
(3) for use by any insurer or insurance support organization,
or by a self-insured entity, or its officers, employees, or agents, in
connection with claims investigation activities, anti-fraud activities,
rating, or underwriting;
(4) for use in providing notice to the owners of towed or
impounded vehicles;
(5) for use by any registered private investigative agency or
security service for any purpose permitted under this subsection;
(6) for use by an employer or its agent or insurer to obtain or
verify information relating to a holder of a commercial driver's
license that is required under the Commercial Motor Vehicle Safety
Act of 1986 (49 U.S.C. App. 2710 et seq.);
(7) for any other use in response to requests for motor
vehicle records if the motor vehicle department has provided in a
clear and conspicuous manner on forms for issuance or renewal of
driver's licenses or permits, titles, registrations, and identification
cards, notice that personal information collected by the department
may be disclosed to any business or person, and has provided in a
clear and conspicuous manner on these forms an opportunity to
prohibit such disclosures;
(8) for bulk distribution for surveys, marketing, or
solicitations if the motor vehicle department has implemented
methods and procedures to ensure that:
(a) individuals are provided an opportunity, in a clear and
conspicuous manner, to prohibit such uses; and
(b) the information will be used, rented, or sold solely for
bulk distribution for surveys, marketing, and solicitations;
(9) for use by any requester if the requester demonstrates it
has obtained the written consent of the individual to whom the
information pertains; or
(10) for any other use specifically authorized under any other
provision of law, if such use is related to the operation of a motor
vehicle or public safety.
Section 12-54-330. The department must maintain a permanent
record of each request made, which must include the name of the
person making the request and the date and purpose of the request.
The department shall maintain this record for two years from the
date of the request.
Section 12-54-340. (A) It is unlawful for any person knowingly
and wilfully to obtain or disclose personal information from a
motor vehicle record for any use not permitted under Sections
12-54-300 through 12-54-350.
(B) It is unlawful for any person knowingly and wilfully to
make false representation to obtain any personal information from
another person's motor vehicle record.
(C) It is unlawful for a person authorized to receive personal
information under Sections 12-54-300 through 12-54-350 to
knowingly and wilfully sell or disclose the information to another
person.
(D) A person who violates the provisions of Sections 12-54-300
through 12-54-350 is guilty of a misdemeanor and, upon conviction,
must be fined five thousand dollars or imprisoned not more than
one year, or both. Each violation of this act constitutes a separate
offense.
Section 12-54-350. (A) In addition to the criminal penalties
provided in Section 12-54-340, a person who knowingly obtains,
discloses, or uses personal information from a motor vehicle record
for a use or purpose not permitted under this act shall be civilly
liable to the individual to whom the information pertains.
(B) In an action brought pursuant to this section, the court may
award: (1) actual damages, but not less than $2,500; (2) punitive
damages upon proof of willful or reckless disregard of the law; (3)
reasonable attorney's fees and other litigation costs reasonably
incurred; and (4) such other equitable relief as the court determines
to be appropriate."
SECTION 6. The unnumbered item added to Section 30-4-40(a)
of the 1976 Code by Act 1 of 1995, bearing Ratification Number
513 of 1994, is repealed.
SECTION 7. SECTIONS 1 through 4 of this act take effect
upon approval by the Governor. SECTIONS 5 and 6 of this act
take effect January 1, 1996.
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