Driver privacy protection act south carolina

Indicates Matter Stricken
Indicates New Matter

Current Status Bill Number: 660 Type of Legislation: General Bill GB Introducing Body: Senate Introduced Date: 19950323 Primary Sponsor: Cork All Sponsors: Cork and McConnell Drafted Document Number: JUD6040.HAC Residing Body: House Current Committee: Judiciary Committee 25 HJ Date of Last Amendment: 19960425 Subject: Driver's Privacy Protection Act 

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE AMENDMENT ADOPTED

Introduced by SENATORS Cork and McConnell

S. Printed 4/25/96--S.

Read the first time March 23, 1995.

A BILL

TO AMEND ARTICLE 1, CHAPTER 54 OF TITLE 12, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS SO AS TO ENACT THE "DRIVER'S PRIVACY PROTECTION ACT" INCLUDING PROVISIONS RESTRICTING THE RELEASE AND USE OF CERTAIN PERSONAL INFORMATION RELATING TO MOTOR VEHICLE RECORDS; AND TO AMEND SECTION 30-4-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, SO AS TO DELETE AN EXEMPTION FOR THE NAME, ADDRESS, AND TELEPHONE NUMBER OF A PERSON IN WHOSE NAME A MOTOR VEHICLE LICENSE PLATE IS REGISTERED.

Amend Title To Conform

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

SECTION 1. Item (12) of Section 30-4-40(a) of the 1976 Code, as added by Act 1 of 1995, is repealed.

SECTION 2. Chapter 3, Title 56 of the 1976 Code is amended by adding:

Release of Licensing and Registration Information

Section 56-3-510. Department records relating to the registration and licensing of motor vehicles must be released only as provided in this article. A person who requests registration and licensing information must submit the request on a form provided by the department. A completed form must:

(1) contain the name and address of the person making the request, the date of the request, the reason for the request, and a statement certifying that the information requested will not be used for a purpose related to marketing or direct solicitation; and

(2) be signed by the person making the request.

Section 56-3-520. (A) The department must retain a request made pursuant to Section 56-3-510 for five years from the date of its submission.

(B) Upon a person's written request, the department must release a copy of all request forms relating to the person's records.

Section 56-3-530. The department may charge a fee not to exceed its costs in releasing information pursuant to this article. The department must promulgate regulations:

(1) providing a procedure whereby persons making repetitive requests may maintain an account with the department for the payment of fees incurred in the production of requested records;

(2) providing a procedure for electronic processing of requests; and

(3) providing for appropriate security measures to ensure that records are released only to the person identified as making the request."

SECTION 3. Section 16-3-1710 of the 1976 Code is amended by adding:

"(C) In addition to the penalties provided in this section, a person convicted of harassment who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined two hundred dollars or imprisoned thirty days, or both."

SECTION 4. Section 16-3-1720 of the 1976 Code is amended by adding:

"(D) In addition to the penalties provided in this section, a person convicted of stalking who received licensing or registration information pursuant to Article 4 of Chapter 3 of Title 56 and used the information in furtherance of the commission of the offense under this section must be fined one thousand dollars or imprisoned one year, or both."

SECTION 5. This act takes effect upon approval by the Governor.