S 0660 General Bill, By Cork and McConnell
 A Bill to amend Article 1, Chapter 54 of Title 12, Code of Laws of South
 Carolina, 1976, by adding Sections so as to enact the "Driver's Privacy
 Protection Act" including provisions restricting the release and use of
 certain personal information relating to motor vehicle records; and to amend
 Section 30-4-40, as amended, Code of Laws of South Carolina, 1976, relating to
 exemptions from disclosure under the Freedom of Information Act, so as to
 delete an exemption for the name, address, and telephone number of a person in
 whose name a motor vehicle license plate is registered.

   03/23/95  Senate Introduced and read first time SJ-3
   03/23/95  Senate Referred to Committee on Judiciary SJ-3
   04/11/96  Senate Committee report: Favorable with amendment
                     Judiciary SJ-5
   04/25/96  Senate Amended SJ-38
   04/25/96  Senate Read second time SJ-38
   04/25/96  Senate Ordered to third reading with notice of
                     amendments SJ-38
   04/29/96  Senate Read third time and sent to House SJ-22
   04/30/96  House  Introduced and read first time HJ-14
   04/30/96  House  Referred to Committee on Judiciary HJ-14

April 25, 1996

S. 660

S. Printed 4/25/96--S.

Read the first time March 23, 1995.

A BILL

TO AMEND ARTICLE 1, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS SO AS TO ENACT THE "DRIVER'S PRIVACY PROTECTION ACT" INCLUDING PROVISIONS RESTRICTING THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; AND TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

Amend Title To Conform

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

SECTION 1. Item (12) of Section 30-4-40(a) of the 1976 Code, as added by Act 1 of 1995, is repealed.

SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:

"Article 4

Section 56-3-510. Department records relating to the registration and licensing of motor vehicles must be released only as provided in this article. A person who requests registration and licensing information must submit the request on a form provided by the department. A completed form must:

(1) contain the name and address of the person making the request, the date of the request, the reason for the request, and a statement certifying that the information requested will not be used for a purpose related to marketing or direct solicitation; and

(2) be signed by the person making the request.

Section 56-3-520. (A) The department must retain a request made pursuant to Section 56-3-510 for five years from the date of its submission.

(B) Upon a person's written request, the department must release a copy of all request forms relating to the person's records.

Section 56-3-530. The department may charge a fee not to exceed its costs in releasing information pursuant to this article. The department must promulgate regulations:

(1) providing a procedure whereby persons making repetitive requests may maintain an account with the department for the payment of fees incurred in the production of requested records;

(2) providing a procedure for electronic processing of requests; and

(3) providing for appropriate security measures to ensure that records are released only to the person identified as making the request."

SECTION 3. Section 16-3-1710 of the 1976 Code is amended by adding:

"(C) In addition to the penalties provided in this section, a person convicted of harassment who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both."

SECTION 4. Section 16-3-1720 of the 1976 Code is amended by adding:

"(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both."

SECTION 5. This act takes effect upon approval by the Governor.