H 3104 General Bill, By Kirsh, Clyburn and Whipper
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 8-15-70, SO AS TO PROVIDE THAT AN OFFICER OR EMPLOYEE OF THE STATE OR A LOCAL
 GOVERNMENT AGENCY MAY NOT USE A VOICE MAIL SYSTEM IF THE OFFICER OR EMPLOYEE
 IS AT HIS REGULARLY ASSIGNED WORKSTATION AND HIS TELEPHONE IS FUNCTIONAL AND
 AVAILABLE FOR USE UNLESS THE VOICE MAIL SYSTEM PROVIDES THE CALLER WITH ACCESS
 TO A NONELECTRONIC ATTENDANT OR AUTOMATICALLY TRANSFERS THE CALLER TO A
 NONELECTRONIC ATTENDANT.

   12/08/04  House  Prefiled
   12/08/04  House  Referred to Committee on Ways and Means
   01/11/05  House  Introduced and read first time HJ-82
   01/11/05  House  Referred to Committee on Ways and Means HJ-82
   02/09/05  House  Member(s) request name added as sponsor: Whipper

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 8-15-70, SO AS TO PROVIDE THAT AN OFFICER OR EMPLOYEE OF THE STATE OR A LOCAL GOVERNMENT AGENCY MAY NOT USE A VOICE MAIL SYSTEM IF THE OFFICER OR EMPLOYEE IS AT HIS REGULARLY ASSIGNED WORKSTATION AND HIS TELEPHONE IS FUNCTIONAL AND AVAILABLE FOR USE UNLESS THE VOICE MAIL SYSTEM PROVIDES THE CALLER WITH ACCESS TO A NONELECTRONIC ATTENDANT OR AUTOMATICALLY TRANSFERS THE CALLER TO A NONELECTRONIC ATTENDANT.

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

SECTION    1.    The General Assembly finds:

(1)    that some telephone systems operated by state and local government agencies, and other entities performing governmental services, require callers to proceed through several menus to finally reach an individual extension, an arrangement that can be frustrating or intimidating to the caller;

(2)    that some state and local government telephone systems also make it difficult to reach an attendant or operator at the agency;

(3)    that, while automated telephone systems and voice mail are intended to improve the efficiency of government, the first duty of government is to serve the people, and efficiency should not impede the average citizen in attempting to contact a state or local government agency for service or information; and

(4)    that state and local government agency telephone systems routing calls to multiple extensions should be reprogrammed to minimize the number of menus that a caller must go through to reach the desired extension and to allow the caller to reach an attendant or operator from the first menu when calling during normal business hours.

SECTION    2.    Chapter 15, Title 8 of the 1976 Code is amended by adding:

"Section 8-15-70.    (A)    For purposes of this section 'local government' or 'local government agency' means counties, municipalities, public colleges and universities, public school districts, public schools, public service districts, and special service districts providing one or more governmental service.

(B)    A state or local government officer or employee may not use a voice mail system at his regularly assigned workstation if his telephone is functional and available for use unless the voice mail system provides the caller with access to a nonelectronic attendant or automatically transfers the caller to a nonelectronic attendant. A telephone menu options system used by a state or local government agency, department, or other government unit must alert the caller to, and provide the caller with, access to a nonelectronic attendant."

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