Current Status Introducing Body:Senate Bill Number:177 Ratification Number:112 Act Number:58 Primary Sponsor:Martschink Type of Legislation:GB Subject:Facsimile machine Date Bill Passed both Bodies:Apr 29, 1991 Computer Document Number:OLDVS/LIBX/2353 Governor's Action:S Date of Governor's Action:May 27, 1991 Introduced Date:Jan 08, 1991 Date of Last Amendment:Apr 24, 1991 Last History Body:------ Last History Date:May 27, 1991 Last History Type:Act No. 58 Scope of Legislation:Statewide All Sponsors:Martschink Wilson Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
177 ------ May 27, 1991 Act No. 58
177 ------ May 27, 1991 Signed by Governor
177 ------ May 21, 1991 Ratified R 112
177 Senate Apr 29, 1991 Concurred in House amendment,
enrolled for ratification
177 House Apr 25, 1991 Read third time, returned
with amendment
177 House Apr 24, 1991 Amended, read second time
177 House Apr 17, 1991 Committee Report: Favorable 26
with amendment
177 House Mar 05, 1991 Introduced, read first time, 26
referred to Committee
177 Senate Feb 28, 1991 Read third time, sent to House
177 Senate Feb 27, 1991 Amended, read second time
177 Senate Feb 26, 1991 Committee Report: Favorable 12
with amendment
177 Senate Jan 08, 1991 Introduced and read first 12
time, referred to Committee
177 Senate Sep 17, 1990 Prefiled, referred to 12
Committee
View additional legislative information at the LPITS web site.
(A58, R112, S177)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FACSIMILE MACHINE TO TRANSMIT UNSOLICITED ADVERTISING MATERIAL WHICH OFFERS TO SELL GOODS OR SERVICES AND PROVIDE EXCEPTIONS AND FOR CIVIL ACTION; TO AMEND THE 1976 CODE BY ADDING SECTION 15-75-51 SO AS TO PROVIDE WHEN THE PENALTY FOR VIOLATIONS OF SECTION 15-75-50 MAY BE IMPOSED; AND TO PROVIDE AN EXEMPTION FROM THE SECTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
Use of a facsimile machine
SECTION 1. The 1976 Code is amended by adding:
"Section 15-75-50. (A) No person may use a machine that electronically transmits facsimiles through connection with a telephone network to transmit unsolicited advertising material which offers to sell goods or services except as follows:
(1) where a prior or current business relationship exists between the sender and receiver;
(2) where the facsimile transmission is sent as a follow-up or response to a sales call, sales lead, or other business or association-related contact.
(B) A person aggrieved by a violation of the provisions of subsection (A) may bring a civil action to enjoin further violations and to recover the actual damages sustained by reason of the violation, together with costs and a reasonable attorney's fee, or two hundred dollars, whichever is greater."
Penalty
SECTION 2. The 1976 Code is amended by adding:
"Section 15-75-51. The penalty provided by Section 15-75-50, including injunctive relief, may not be imposed unless the person who is alleged to have violated that section does so after being instructed, (1) in writing, (2) by telephone, or (3) by a machine that electronically transmits facsimiles through connection with a telephone network, by the receiver of the unsolicited advertising material not to transmit the material."
Exemption
SECTION 3. The provisions of this act do not apply to persons submitting bids for services or materials to be used in connection with nonresidential construction projects.
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 27th day of May, 1991.