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H. 3013
STATUS INFORMATION
General Bill
Sponsors: Reps. Davenport, Littlejohn, Simrill, Bales, Coates, Richardson and Cotty
Document Path: l:\council\bills\dka\3002mm03.doc
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Labor, Commerce and Industry
Summary: Telephone Solicitation List Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/4/2002 House Prefiled
12/4/2002 House Referred to Committee on Labor, Commerce and Industry
1/14/2003 House Introduced and read first time HJ-15
1/14/2003 House Referred to Committee on Labor, Commerce and Industry
HJ-16
1/21/2003 House Member(s) request name added as sponsor: Richardson
2/4/2003 House Member(s) request name added as sponsor: Cotty
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND CHAPTER 9, TITLE 58, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PUBLIC SERVICE COMMISSION AND TELEPHONE, TELEGRAPH, AND EXPRESS COMPANIES, BY ADDING ARTICLE 8 SO AS TO ENACT THE "TELEPHONE SOLICITATION LIST ACT", TO PROVIDE FOR THE COMPILATION AND MAINTENANCE BY THE PUBLIC SERVICE COMMISSION OF A LIST OF TELEPHONE CUSTOMERS WHO DO NOT OBJECT TO BEING SOLICITED BY TELEPHONE, TO REQUIRE TELEPHONE SOLICITORS TO ACQUIRE THE LIST FOR A FEE AND PROHIBIT THEM FROM SOLICITING CUSTOMERS WHO ARE NOT ON THE LIST BY TELEPHONE, TO PROHIBIT THE TRANSFER OF THE LIST FROM ONE SOLICITOR TO ANOTHER, TO PROVIDE FOR CIVIL PENALTIES FOR VIOLATIONS OF THE PROVISIONS, AND TO PROVIDE FOR CONSENT TO CALLS FROM CERTAIN TELEPHONE SOLICITORS FOR CERTAIN PURPOSES; TO AMEND SECTION 30-4-40, AS AMENDED, RELATING TO EXEMPTIONS FROM THE FREEDOM OF INFORMATION ACT, SO AS TO EXEMPT THE "TELEPHONE SOLICITATION LIST" DATABASE; AND TO AMEND SECTION 16-17-445, AS AMENDED, RELATING TO CRIMINAL REGULATION OF UNSOLICITED TELEPHONE CALLS, SO AS TO PROHIBIT CALLS FROM TELEPHONE SOLICITORS AFTER SIX O'CLOCK P.M. AND BEFORE NINE O'CLOCK A.M., TO REQUIRE THE USE OF THE "TELEPHONE SOLICITATION LIST" BY A TELEPHONE SOLICITOR, AND TO PROHIBIT THE USE OF A MEANS OF CIRCUMVENTING A TELEPHONE SUBSCRIBER'S CALLER IDENTIFICATION SERVICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 9, Title 58 of the 1976 Code is amended by adding:
Section 58-9-910. This article may be cited as the 'Telephone Solicitation List Act'.
Section 58-9-920. (A) A telephone solicitor, as defined in Section 16-17-445, may not make or cause to be made an unsolicited consumer telephone call to a telephone customer whose name does not appear on the most current Telephone Solicitation List as prescribed in this article and regulations promulgated pursuant to it.
(B) For purposes of this article, an unsolicited consumer telephone call does not include communications made by or on behalf of a financial services institution or entity as defined in and subject to the federal Fair Credit Reporting Act, 15 U.S.C. Section 1681 or the federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338.
Section 58-9-930. The South Carolina Public Service Commission shall maintain a Telephone Solicitation List of telephone customers who do not object to telephone solicitations for the purpose of restricting unsolicited consumer telephone calls as defined in Section 16-17-445 to only those customers whose names appear on the list.
Section 58-9-940. No later than six months after the effective date of this article, the commission shall promulgate regulations to restrict unsolicited consumer telephone calls in accordance with this article. The regulations must include provisions that specify:
(1) the methods by which a telephone customer may request that the commission include his telephone number on or remove him from the Telephone Solicitation List;
(2) how often a request for inclusion on the Telephone Solicitation List must be renewed;
(3) the effect of a telephone customer's change of telephone number on the Telephone Solicitation List;
(4) the methods by which the telephone customer requests are collected and information added to or deleted from the Telephone Solicitation List;
(5) the methods by which the Telephone Solicitation List may be obtained by telephone solicitors;
(6) a reasonable fee, not to exceed two hundred dollars annually, payable by a telephone solicitor to the commission to obtain an initial copy, as well as updated copies of the list for one year;
(7) a reasonable fee, not to exceed ten dollars, payable by a telephone customer to the commission for initial inclusion of his listing on the Telephone Solicitation List; and
(8) a reasonable fee, not to exceed five dollars, payable by a telephone customer to the commission for annual or biannual renewal of his listing on the Telephone Solicitation List.
Section 58-9-950. If the Federal Communications Commission, pursuant to 47 U.S.C. Section 227(c)(3), establishes a single national database of telephone numbers of subscribers who object to receiving telephone solicitations, the Public Service Commission must use the database established by this article to determine this state's portion of the national database.
Section 58-9-960. The commission shall update the Telephone Solicitation List periodically, but at least quarterly, including initial inclusion, renewal, and removal of a listing on the Telephone Solicitation List in cases in which a telephone customer has complied with the regulations adopted pursuant to this article.
Section 58-9-970. Information contained in the database established pursuant to this article may be used only for the purposes of compliance with this article or in a proceeding or action brought pursuant to this article. The information is not subject to public inspection or disclosure pursuant to Section 30-4-40.
Section 58-9-980. A Telephone Solicitation Fund must be established by the commission. All fees collected pursuant to this article must be deposited in this fund and the commission shall use the fund for the administration, enforcement, and public education in connection with this article.
Section 58-9-990. (A) A telephone solicitor who makes unsolicited consumer telephone calls in this State must purchase a copy of the Telephone Solicitation List from the commission. The written application to the commission for purchase of the list must contain the telephone solicitor's name, address, telephone number, and name of the agent for service of process.
(B) The Telephone Solicitation List is not transferable from one telephone solicitor to another.
Section 58-9-1000. A telephone solicitor or person who offers for sale consumer information that includes residential, mobile, or paging device telephone numbers, other than directory assistance or telephone directories sold by bona fide telephone companies, may include only those telephone customer numbers that appear on the most current Telephone Solicitation List.
Section 58-9-1010. A violation of this article subjects the telephone solicitor to a civil penalty, to be imposed by the magistrate's court, of not more than five hundred dollars for a first offense, not more than two thousand five hundred dollars for a second offense, and not more than five thousand dollars for a third or subsequent violation. Penalties received pursuant to this section must be deposited with the commission and designated for the Telephone Solicitation Fund held by the commission.
Section 58-9-1020. Notwithstanding another provision in this article, a telephone solicitor may make a call to a residential subscriber for a limited purpose, even if the subscriber's name does not appear on the Telephone Solicitation List, if the solicitor obtains signed written consent from the subscriber describing the limited allowable purpose".
SECTION 2. Section 30-4-40(a) of the 1976 Code, as last amended by Act 122 of 1999, is amended by adding at the end:
"(17) The Telephone Solicitation List database established by Article 8, Chapter 9, Title 58."
SECTION 3. Section 16-17-445(C) of the 1976 Code, as last amended by Act 408 of 2000, is further amended to read:
"(C) Unsolicited consumer telephone calls are prohibited after nine six o'clock p.m. or before eight nine o'clock a.m. on any day."
SECTION 4. Section 16-17-445(E) of the 1976 Code, as last amended by Act 408 of 2000, is further amended to read:
"(E) Every telephone solicitor operating in this State who makes unsolicited consumer telephone calls shall implement in-house systems and procedures whereby every effort is made not to call subscribers who ask not to be called again. A telephone solicitor operating in this State who makes unsolicited consumer telephone calls shall use the Telephone Solicitation List established pursuant to Article 8, Chapter 9, Title 58. The department has the authority to may monitor compliance with this provision these provisions. A person or his agent who has an interest in a vacation ownership plan or vacation timesharing plan may have the unit telephone number removed from added to a solicitor's in-house calling lists by sending written notification to the solicitor."
SECTION 5. Section 16-17-445 of the 1976 Code, as last amended by Act 408 of 2000, is further amended by adding at the end:
"(H) A telephone solicitor who makes unsolicited consumer telephone calls to residential subscribers in this State may not utilize knowingly a method or device to block or otherwise circumvent a subscriber's use of a caller identification service."
SECTION 6. This act takes effect upon approval by the Governor.
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