H 4721 Session 112 (1997-1998)
H 4721 General Bill, By Meacham, Allison, Bailey, T. Brown, A.W. Byrd, Clyburn,
Davenport, J. Hines, Inabinett, Kirsh, Lanford, Lloyd, Moody-Lawrence, Seithel,
Simrill, Tripp, Whatley and Witherspoon
A BILL TO AMEND TITLE 30, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
CHAPTER 3 SO AS TO ENACT THE "SOUTH CAROLINA PRIVACY ACT OF 1998", TO PROVIDE
THAT IT IS UNLAWFUL FOR ANY STATE OR LOCAL GOVERNMENTAL AGENCY TO DENY TO ANY
INDIVIDUAL ANY RIGHT, BENEFIT, OR PRIVILEGE PROVIDED OR AUTHORIZED BY LAW
BECAUSE OF THE INDIVIDUAL'S REFUSAL TO DISCLOSE HIS SOCIAL SECURITY NUMBER OR
HIS DRIVER'S LICENSE NUMBER; TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON,
CORPORATION, OR OTHER BUSINESS ENTITY, HOWEVER DENOMINATED, LICENSED TO DO
BUSINESS IN THIS STATE BY ANY STATE OR LOCAL GOVERNMENTAL AGENCY TO DENY TO
ANY INDIVIDUAL ANY GOODS, SERVICE, RIGHT, PRIVILEGE, OR BENEFIT OFFERED TO THE
PUBLIC BECAUSE OF THE INDIVIDUAL'S REFUSAL TO DISCLOSE HIS SOCIAL SECURITY
NUMBER OR HIS DRIVER'S LICENSE NUMBER, AND TO PROVIDE PENALTIES FOR THE
VIOLATION OF THE ACT.
02/26/98 House Introduced and read first time HJ-8
02/26/98 House Referred to Committee on Judiciary HJ-9
A BILL
TO AMEND TITLE 30, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING CHAPTER 3 SO AS TO ENACT
THE "SOUTH CAROLINA PRIVACY ACT OF 1998", TO
PROVIDE THAT IT IS UNLAWFUL FOR ANY STATE OR
LOCAL GOVERNMENTAL AGENCY TO DENY TO ANY
INDIVIDUAL ANY RIGHT, BENEFIT, OR PRIVILEGE
PROVIDED OR AUTHORIZED BY LAW BECAUSE OF THE
INDIVIDUAL'S REFUSAL TO DISCLOSE HIS SOCIAL
SECURITY NUMBER OR HIS DRIVER'S LICENSE NUMBER;
TO PROVIDE THAT IT IS UNLAWFUL FOR ANY PERSON,
CORPORATION, OR OTHER BUSINESS ENTITY, HOWEVER
DENOMINATED, LICENSED TO DO BUSINESS IN THIS
STATE BY ANY STATE OR LOCAL GOVERNMENTAL
AGENCY TO DENY TO ANY INDIVIDUAL ANY GOODS,
SERVICE, RIGHT, PRIVILEGE, OR BENEFIT OFFERED TO
THE PUBLIC BECAUSE OF THE INDIVIDUAL'S REFUSAL TO
DISCLOSE HIS SOCIAL SECURITY NUMBER OR HIS
DRIVER'S LICENSE NUMBER, AND TO PROVIDE PENALTIES
FOR THE VIOLATION OF THE ACT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Title 30 of the 1976 Code is amended by adding:
"CHAPTER 3
Privacy Act
Section 30-3-10. (A) It shall be unlawful for any state or local
government agency to deny to any individual any right, benefit, or
privilege provided by law because of such individual's refusal to
disclose his social security account number or driver's license
number.
(B) The provisions of paragraph (A) of this section shall not apply
with respect to:
(1) any disclosure which is required by a federal or state statute,
or
(2) the disclosure of a social security number or driver's license
number to any federal, state, or local agency maintaining a system of
records in existence and operating before January 1, 1975, if such
disclosure was required under statute or regulation adopted prior to
such date to verify the identity of an individual.
Section 30-3-20. Any state or local government agency which
requests an individual to disclose his social security account number
or driver's license number shall inform that individual whether that
disclosure is mandatory or voluntary, by what statutory or other
authority such number is solicited, and what uses will be made of it.
Section 30-3-30. (A) It shall be unlawful for any person,
corporation, or other business entity, however denominated, licensed
to do business in this State by any state or local government agency
to deny to any individual any goods or service, or any right, benefit,
or privilege provided by law because of such individual's refusal to
disclose his social security account number or driver's license
number.
(B) The provisions of paragraph (A) of this section shall not apply
with respect to:
(1) any disclosure which is required by federal or state statute,
or
(2) the disclosure of a social security number or driver's license
number to any federal, state, or local agency maintaining a system of
records in existence and operating before January 1, 1975, if such
disclosure was required under statute or regulation adopted prior to
such date to verify the identity of an individual.
Section 30-3-40. Any person, corporation, or other business
entity, however denominated, licensed to do business in this State by
any state, or local government agency which requests an individual
to disclose his social security account number or driver's license
number shall inform that individual whether that disclosure is
mandatory or voluntary, by what statutory or other authority such
number is solicited, and what uses will be made of it.
Section 30-3-50. Any special purpose district providing a
governmental service is a local governmental agency for purposes of
this chapter.
Section 30-3-60. Any person intentionally violating any
provision of this chapter is guilty of a felony and, upon conviction,
must be punished by imprisonment for a period of not less than one
year or more than five years, by the payment of a fine of not less than
one thousand dollars nor more than five thousand dollars, or both."
SECTION 2. This act takes effect upon approval by the Governor.
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