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Sponsors: Reps. Kirsh, Altman, Stille, Richardson, Barfield, Keegan, Clemmons, Bailey, Owens, Lourie, Wilkins, Sandifer, Whitmire, Cobb-Hunter and Loftis
Document Path: l:\council\bills\dka\3102dw03.doc
Companion/Similar bill(s): 6, 3198
Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary
Summary: Commercial solicitation, definition of changed; state agency substituted for a public body
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 12/18/2002 House Prefiled 12/18/2002 House Referred to Committee on Judiciary 1/14/2003 House Introduced and read first time HJ-95 1/14/2003 House Referred to Committee on Judiciary HJ-96 1/22/2003 House Member(s) request name added as sponsor: Barfield, Keegan 1/28/2003 House Member(s) request name added as sponsor: Clemmons 1/29/2003 House Member(s) request name added as sponsor: Bailey, Owens 1/30/2003 House Member(s) request name added as sponsor: Lourie 2/4/2003 House Member(s) request name added as sponsor: Wilkins 2/6/2003 House Member(s) request name added as sponsor: Sandifer, Whitmire, Cobb-Hunter 3/19/2003 House Member(s) request name added as sponsor: Loftis
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VERSIONS OF THIS BILL
TO AMEND SECTION 30-2-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN THE FAMILY PRIVACY PROTECTION ACT OF 2002, SO AS TO CHANGE THE DEFINITION OF "COMMERCIAL SOLICITATION"; AND TO AMEND SECTION 30-2-50, RELATING TO THE PROHIBITION OF KNOWINGLY OBTAINING OR USING PERSONAL INFORMATION OBTAINED FROM A PUBLIC BODY FOR COMMERCIAL SOLICITATION DIRECTED TO A PERSON IN THIS STATE, SO AS TO SUBSTITUTE "STATE AGENCY" FOR "PUBLIC BODY" AND TO PROVIDE AN EXCLUSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 30-2-30(3) of the 1976 Code, as added by Act 225 of 2002, is amended to read:
"(3) 'Commercial solicitation' means contact by telephone, mail, or electronic mail for the purpose of selling or marketing a consumer product or service. 'Commercial solicitation' does not include contact by whatever means for the purpose of:
(a) offering membership in a credit union;
(b) notification of continuing education opportunities
sponsored by not-for-profit professional associations;
(c) selling or marketing banking, insurance, securities, or commodities services provided by an institution or entity defined in or required to comply with the Federal Gramm-Leach-Bliley Financial Modernization Act, 113 Stat. 1338;
(d) contacting persons for political purposes using information on file with state or local voter registration offices;
(e) selling or marketing real property and real property services;
(f) contacting persons for charitable contributions; or
(g) a sale of a service or good which is not completed until after a face-to-face presentation."
SECTION 2. Section 30-2-50 of the 1976 Code, as added by Act 225 of 2002, is amended to read:
"Section 30-2-50. (A) A person or private entity shall not knowingly obtain or use any personal information obtained from a
public body state agency for commercial solicitation directed to any person in this State.
Every public body Each state agency shall provide a notice to all requestors of records under pursuant to this chapter and to all persons who obtain records under pursuant to this chapter that obtaining or using public records for commercial solicitation directed to any person in this State is prohibited.
(C) All state agencies shall take reasonable measures to ensure that no person or private entity obtains or distributes personal information obtained from a public record for commercial solicitation.
(D) A person knowingly violating the provisions of subsection (A) 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.
(E) This chapter does not apply to a local governmental entity of a subdivision of this state or local government."
SECTION 3. This act takes effect upon approval by the Governor.
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