(2) for use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal or state court or agency, including the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal or state court;
(3) for use by any insurer or insurance support organization, or by a self- insured entity, or its officers, employees, or agents, in connection with claims investigation activities, anti-fraud activities, rating, or underwriting;
(4) for use in providing notice to the owners of towed or impounded vehicles;
(5) for use by any registered private investigative agency or security service for any purpose permitted under this subsection;
(6) for use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986 (49 U.S.C. App. 2710 et seq.);
(7) for any other use in response to requests for motor vehicle records if the motor vehicle department has provided in a clear and conspicuous manner on forms for issuance or renewal of driver's licenses or permits, titles, registrations, and identification cards, notice that personal information collected by the department may be disclosed to any business or person, and has provided in a clear and conspicuous manner on these forms an opportunity to prohibit such disclosures;
(8) for bulk distribution for surveys, marketing, or solicitations if the motor vehicle department has implemented methods and procedures to ensure that:
(a) individuals are provided an opportunity, in a clear and conspicuous manner, to prohibit such uses; and
(b) the information will be used, rented, or sold solely for bulk distribution for surveys, marketing, and solicitations;
(9) for use by any requester if the requester demonstrates it has obtained
the written consent of the individual to whom the information pertains; or
Section 12-54-330. The department must maintain a permanent record of each request made, which must include the name of the person making the request and the date and purpose of the request. The department shall maintain this record for two years from the date of the request.
Section 12-54-340. (A) It is unlawful for any person knowingly and wilfully to obtain or disclose personal information from a motor vehicle record for any use not permitted under Sections 12-54-300 through 12-54-350.
(B) It is unlawful for any person knowingly and wilfully to make false representation to obtain any personal information from another person's motor vehicle record.
(C) It is unlawful for a person authorized to receive personal information under Sections 12-54-300 through 12-54-350 to knowingly and wilfully sell or disclose the information to another person.
(D) A person who violates the provisions of Sections 12-54-300 through 12- 54-350 is guilty of a misdemeanor and, upon conviction, must be fined five thousand dollars or imprisoned not more than one year, or both. Each violation of this act constitutes a separate offense.
Section 12-54-350. (A) In addition to the criminal penalties provided in Section 12-54-340, a person who knowingly obtains, discloses, or uses personal information from a motor vehicle record for a use or purpose not permitted under this act shall be civilly liable to the individual to whom the information pertains.
(B) In an action brought pursuant to this section, the court may award: (1) actual damages, but not less than $2,500; (2) punitive damages upon proof of willful or reckless disregard of the law; (3) reasonable attorney's fees and other litigation costs reasonably incurred; and (4) such other equitable relief as the court determines to be appropriate."
SECTION 6. The unnumbered item added to Section 30-4-40(a) of the 1976 Code by Act 1 of 1995, bearing Ratification Number 513 of 1994, is repealed.
SECTION 7. Sections 1 through 4 of this act take effect upon approval by the Governor. Sections 5 and 6 of this act take effect January 1, 1996./
Amend title to conform.
Senator CORK explained the amendment.
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE; TO, AMONG OTHER THINGS, REQUIRE THE STATE DEPARTMENT OF SOCIAL SERVICES TO EXPAND ITS EMPLOYMENT ASSISTANCE SERVICES AND TO EXPAND ITS WORK SUPPORT PROGRAM STATEWIDE; TO REQUIRE AFDC RECIPIENTS TO ENTER AGREEMENTS IN ORDER TO RECEIVE AFDC AND TO PROVIDE SANCTIONS FOR NONCOMPLIANCE; TO REQUIRE THE EMPLOYMENT SECURITY COMMISSION TO PROVIDE THE DEPARTMENT ON-LINE ACCESS TO JOB VACANCY DATA; TO AUTHORIZE PAYMENT OF PORTIONS OF A RECIPIENT'S AFDC TO EMPLOYERS TO SUPPLEMENT WAGES PAID TO THE RECIPIENT; TO DIRECT THE GENERAL ASSEMBLY TO PROVIDE A TAX CREDIT TO EMPLOYERS WHO HIRE AFDC RECIPIENTS; TO REQUIRE STATE AGENCIES TO TARGET AFDC RECIPIENTS FOR EMPLOYMENT; TO ENHANCE SERVICES TO TEEN PARENTS; TO REQUIRE NONCUSTODIAL PARENTS OF CHILDREN RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S EMPLOYEE TRAINING PROGRAM; TO DIRECT SPENDING FIFTY PERCENT OF JOB TRAINING AND PARTNERSHIP ACT FUNDS ON AFDC RECIPIENTS; TO REQUIRE COUNTY DEPARTMENT OF SOCIAL SERVICES OFFICES TO ESTABLISH EDUCATION AND TRAINING GOALS; TO REQUIRE AFDC RECIPIENTS TO PARTICIPATE IN FAMILY SKILLS TRAINING; TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE FAMILY COURT, SO AS TO AUTHORIZE THE COURT TO ORDER A NONCUSTODIAL PARENT OF A CHILD RECEIVING AFDC TO PARTICIPATE IN THE DEPARTMENT'S
On motion of Senator MOORE, the Bill was carried over.
H. 3096 -- Reps. Thomas, Marchbanks, Simrill, Cromer, Walker, Vaughn, Wilder, Tripp, Elliott, Wells, Stille, Kelley, Richardson, Gamble, Stuart, Phillips, D. Smith, Law, Allison, Harrison, Keyserling, Tucker, Meacham, Shissias, Robinson, Baxley and Spearman: A BILL TO AMEND SECTION 16-1-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITION OF "VIOLENT CRIMES", SO AS TO INCLUDE THE CRIME OF HOMICIDE BY CHILD ABUSE.
On motion of Senator HOLLAND, the Bill was carried over.
H. 3758 -- Reps. Cotty and Kinon: A BILL TO AMEND SECTION 1-3-480, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO AUTHORIZE THE GOVERNOR, WITH THE CONSENT OF CONGRESS, TO ENTER INTO COMPACTS AND AGREEMENTS FOR THE DEPLOYMENT OF THE NATIONAL GUARD WITH GOVERNORS OF OTHER STATES CONCERNING DRUG INTERDICTION AND RELATED ACTIVITIES; AND BY ADDING SECTION 1-3-490 SO AS TO ADOPT THE NATIONAL GUARD MUTUAL ASSISTANCE COUNTERDRUG ACTIVITIES COMPACT TO PROVIDE FOR MUTUAL ASSISTANCE AND SUPPORT AMONG THE PARTY STATES IN THE UTILIZATION OF THE NATIONAL
On motion of Senator DRUMMOND, the Bill was carried over.
H. 3037 -- Reps. Kirsh, Simrill, Meacham, S. Whipper, Stille, Walker, Sandifer, Cain, Whatley, Shissias, Riser and Clyburn: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-5-2947 SO AS TO PROVIDE THAT WHEN A PERSON COMMITS CERTAIN DRUG AND ALCOHOL-RELATED MOTOR VEHICLE OFFENSES AND A MINOR WAS A PASSENGER IN THE VEHICLE AT THE TIME OF THE OFFENSE, THE PERSON IS GUILTY OF THE OFFENSE OF CHILD ENDANGERMENT AND MUST BE PENALIZED BY A MANDATORY FINE OR IMPRISONMENT NOT LESS THAN ONE-HALF OF THE MAXIMUM FINE OR IMPRISONMENT GIVEN FOR THE ORIGINAL OFFENSE, AND TO PROVIDE THAT A PERSON MAY BE CONVICTED OF CHILD ENDANGERMENT IN ADDITION TO THE OTHER OFFENSES.
On motion of Senator MOORE, the Bill was carried over.
H. 3416 -- Reps. L. Whipper, Harrell, S. Whipper, Witherspoon, Shissias, Lloyd, Breeland, Dantzler, Hutson and Keyserling: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-101-197 SO AS TO REQUIRE THE REPORTING OF CERTAIN FINANCIAL INFORMATION BY EACH MEDICAL SCHOOL RECEIVING AN APPROPRIATION FROM THE STATE.
On motion of Senator MOORE, the Bill was carried over.
H. 3901 -- Reps. Harrell, Fleming, Cobb-Hunter, Seithel, A. Young, Limbaugh, Wilkins, Wofford, Hallman, H. Brown, Cain, Cotty, Martin, D. Smith, Fulmer, L. Whipper, Shissias, Quinn, McCraw, Knotts, Stuart, Harrison, Sheheen, Huff, Klauber, Beatty, Limehouse, Whatley, Harwell, Hodges, J. Young, Govan, Herdklotz, Jennings, Richardson, Hutson, Delleney and McElveen: A BILL TO AMEND SECTION 12-51-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REDEMPTION OF REAL PROPERTY SOLD FOR DELINQUENT TAXES, SO AS TO INCREASE THE INTEREST RATE FROM EIGHT TO TWELVE PERCENT IN THE LAST SIX MONTHS OF THE
On motion of Senator MOORE, the Bill was carried over.
THE CALL OF THE UNCONTESTED CALENDAR HAVING BEEN COMPLETED, THE SENATE PROCEEDED TO THE INTERRUPTED DEBATE.
H. 3666 -- Education and Public Works Committee: A BILL TO AMEND TITLE 4, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 37 SO AS TO AUTHORIZE COUNTIES TO ESTABLISH OPTIONAL METHODS FOR THE FINANCING OF TRANSPORTATION FACILITIES INCLUDING THE ACQUISITION, CONSTRUCTION, EQUIPMENT, AND OPERATION OF HIGHWAYS, ROADS, STREETS, BRIDGES, AND OTHER TRANSPORTATION-RELATED PROJECTS EITHER ALONE, IN PARTNERSHIP WITH THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION, OR JOINTLY-OPERATED PROJECTS OF THE COUNTY AND OTHER GOVERNMENTAL ENTITIES, AND AMEND SECTION 57-5-1330, RELATING TO THE POWERS OF THE DEPARTMENT OF TRANSPORTATION, SO AS TO PROVIDE THAT THE DEPARTMENT MAY NOT DESIGNATE AS A TURNPIKE FACILITY ANY HIGHWAY, ROAD, BRIDGE, OR OTHER TRANSPORTATION FACILITY FUNDED IN WHOLE OR IN PART BY A LOCAL OPTION SALES AND USE TAX AS PROVIDED IN CHAPTER 37 OF TITLE 4.
The Senate proceeded to a consideration of the Bill. The question being the third reading of the Bill.
Senator PASSAILAIGUE argued contra to the third reading of the Bill.
Senator PASSAILAIGUE proposed the following Amendment No. 2 (3666R021.ELP), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered new SECTION to read:
SECTION . Section 57-3-615 is amended to read:
"Section 57-3-615. If a toll is administered on a project by the Department of Transportation, the toll must be used to pay for the
Amend title to conform.
Senator PASSAILAIGUE moved that the amendment be adopted.
The amendment was adopted.
On motion of Senator LANDER, Amendment Nos. 3-6 were carried over.
Senator MOORE asked unanimous consent, with Senator PASSAILAIGUE retaining the floor, that H. 3666, be carried over in the status of Interrupted Debate and upon completion of the Motion Period, the Senate would proceed to consideration of H. 3666.
There was no objection and the motion was adopted.
On motion of Senator MOORE, with unanimous consent, debate was interrupted, Senator PASSAILAIGUE retaining the floor.
THE SENATE PROCEEDED TO THE MOTION PERIOD.
H. 3613 -- Reps. Wilkins, Huff, Delleney, Knotts, Townsend, Limehouse, Keegan, Witherspoon, Fleming, Marchbanks, Tripp, Felder, Lanford, Herdklotz, Easterday, A. Young, Hallman, Law, Limbaugh, Cotty, Thomas, Harrell, Sandifer, Sharpe, Fair, Haskins, Richardson, Fulmer, J. Young, Chamblee, Riser, Cain, Jaskwhich, Beatty, R. Smith, Simrill, Walker, Robinson, Rice, Dantzler, Stille, Stuart, Wofford, Wells, Trotter, Mason, Clyburn, Harrison, Klauber, Cato, Vaughn, Martin, Davenport and Kirsh: A BILL TO ENACT THE SOUTH CAROLINA FAMILY INDEPENDENCE ACT OF 1995 SO AS TO ESTABLISH THE WELFARE POLICY OF THE STATE. (Abbreviated Title)
On motion of Senator MOORE, the Bill was made a Special Order.
H. 3651 -- Rep. H. Brown: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
Senator MOORE moved that the Bill be made a Special Order.
Senators McCONNELL and WILSON raised a Point of Order that the motion was out of order under Rule 34B inasmuch as the Bill had not been on the Calendar for a minimum of six statewide legislative days.
The ACTING PRESIDENT sustained the Point of Order.
At 11:55 A.M., the Senate receded from business for the purpose of attending the Joint Assembly.
At 12:00 Noon, the PRESIDENT of the Senate announced that it had convened under the terms of a Concurrent Resolution adopted by both Houses:
H. 4172 -- Rep. Stoddard: A CONCURRENT RESOLUTION TO FIX 12:00 NOON ON WEDNESDAY, MAY 10, 1995, AS THE TIME FOR
On motion of Senator McCONNELL, with unanimous consent, the Joint Assembly agreed to waive all nominating speeches.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University, First Congressional District, Seat 1.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Clark B. Parker of Myrtle Beach, S.C., had been screened and found qualified.
On motion of Rep. Stoddard, the name of Mr. Clark B. Parker was placed in nomination.
On motion of Rep. Stoddard, the nominations were closed and, with unanimous consent, the vote was taken by acclamation, resulting in the election of the nominee.
Whereupon, the PRESIDENT announced that the Honorable Clark B. Parker was duly elected to the Board of Trustees for Coastal Carolina University, First Congressional District, Seat 1, for the term prescribed by law.
The PRESIDENT announced that nominations were in order for the Board of Trustees for Coastal Carolina University, Second Congressional District, Seat 3.
Rep. Stoddard, Chairman of the Committee to Screen Candidates for Board of Trustees of State Colleges and Universities, stated that Mr. Leo
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