Current Status Bill Number:3091 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:Cromer All Sponsors:Cromer, Keyserling, Kirsh, Knotts, Shissias Drafted Document Number:PT\1547DW.95 Companion Bill Number:3291 Residing Body:Senate Date of Last Amendment:19950510 Subject:Legislative caucus to meet in public
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950510 Amended
Senate 19950503 Committee report: Favorable 11 SJ
Senate 19950214 Introduced, read first time, 11 SJ
referred to Committee
House 19950210 Read third time, sent to Senate
House 19950209 Unanimous consent for third
reading on the next Legislative day
House 19950209 Amended, read second time
House 19950208 Committee report: Favorable with 25 HJ
amendment
House 19950110 Introduced, read first time, 25 HJ
referred to Committee
House 19941214 Prefiled, referred to Committee 25 HJ
View additional legislative information at the LPITS web site.
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.
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.