South Carolina General Assembly
109th Session, 1991-1992

Bill 3176


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3176
Primary Sponsor:                Harvin
Committee Number:               11
Type of Legislation:            GB
Subject:                        Fax machine
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       BBM/9096.JM
Introduced Date:                Jan 09, 1991
Date of Last Amendment:         Mar 06, 1991
Last History Body:              Senate
Last History Date:              Mar 12, 1991
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Harvin
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 3176  Senate  Mar 12, 1991  Introduced, read first time,    11
                             referred to Committee
 3176  House   Mar 07, 1991  Read third time, sent to
                             Senate
 3176  House   Mar 06, 1991  Amended, read second time
 3176  House   Mar 05, 1991  Debate adjourned until
                             Wednesday, March 6
 3176  House   Feb 27, 1991  Committee Report: Favorable     26
                             with amendment
 3176  House   Jan 09, 1991  Introduced and read first       26
                             time, referred to Committee

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AMENDED

March 6, 1991

H. 3176

Introduced by REP. Harvin

S. Printed 3/6/91--H.

Read the first time January 9, 1991.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-50 SO AS TO PROHIBIT THE USE OF A FAX MACHINE TO TRANSMIT WITHIN THE STATE UNSOLICITED ADVERTISING MATERIAL, AND TO PROVIDE FOR A CIVIL PENALTY AND INJUNCTIVE RELIEF.

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 15-75-50. (A) As used in this section:

(1) `Person' means any individual, firm, organization, partnership, association, or corporation.

(2) `Unsolicited advertising material' means advertising material other than material transmitted:

(a) in response to an express request of the person receiving the material;

(b) to any person with whom the person transmitting the material has an existing business relationship or has had a previous business relationship.

(B) No person may use a machine that electronically transmits facsimiles of documents through connection with a telephone network to transmit within this State unsolicited advertising material for the sale of any real property, goods, or services.

(C) The Attorney General may bring an action to impose a civil penalty upon, and to seek injunctive relief against, anyone who violates the provisions of subsection (B). The civil penalty may not exceed five hundred dollars a violation. Each transmission is considered a separate violation."

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

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