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Bill 4534

                    Current Status

Bill Number:                      4534
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000202
Primary Sponsor:                  Hawkins
All Sponsors:                     Hawkins, Klauber and Taylor
Drafted Document Number:          l:\council\bills\pt\1798dw00.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Date of Last Amendment:           20000503
Subject:                          Freedom of Information, public bodies not 
                                  to sell public record for commercial 
                                  solicitation use to private person


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000509  Introduced, read first time,           11 SJ
                  referred to Committee
House   20000504  Read third time, sent to Senate
House   20000503  Amended, read second time
House   20000503  Request for debate withdrawn
                  by Representative                              Trotter
                                                                 Knotts
                                                                 Scott
                                                                 F. Smith
                                                                 Fleming
                                                                 Whatley
                                                                 Sharpe
House   20000426  Request for debate by Representative           Scott
                                                                 Trotter
                                                                 Knotts
                                                                 Fleming
                                                                 Kennedy
                                                                 F. Smith
                                                                 Whatley
                                                                 Sharpe
                                                                 Lloyd
                                                                 Mack
House   20000419  Committee report: Favorable with       25 HJ
                  amendment
House   20000202  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 19, 2000 - Word format
Revised on May 3, 2000 - Word format

AMENDED

May 3, 2000

H. 4534

S. Printed 5/3/00--H.

Read the first time February 2, 2000.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 30-4-170 SO AS TO PROHIBIT A PUBLIC BODY FROM SELLING, PROVIDING, OR FURNISHING TO A PRIVATE PERSON OR ENTITY A PUBLIC RECORD, FOR THE USE BY THAT PRIVATE PERSON OR ENTITY FOR COMMERCIAL SOLICITATION WHICH IS DIRECTED TO A RESIDENT OF THIS STATE.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 30-4-170. (A) Without limiting the meaning of other sections of this chapter:

(1) a private person or entity shall not knowingly obtain or use any information obtained from a public record for any form of commercial solicitation directed to any person in this State; and

(2) every public body shall provide a notice to all requestors of records under this chapter, and to all persons who obtain records under this chapter, that obtaining or using public records for any purposes of commercial solicitation directed to any person in this State is prohibited.

(B) Notwithstanding any other provision of this chapter, a person knowingly violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined an amount not to exceed five hundred dollars or imprisoned for a term not to exceed one year, or both."

SECTION 2. This act takes effect upon approval by the Governor.

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