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Current Status Bill Number:View additional legislative information at the LPITS web site.3906 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990413 Primary Sponsor:Whatley All Sponsors:Whatley, Knotts, Sharpe, Law, Maddox, Riser and Taylor Drafted Document Number:l:\council\bills\nbd\11294jm99.doc Companion Bill Number:580 Residing Body:House Current Committee:Agriculture, Natural Resources and Environmental Affairs Com 20 HANR Subject:Water vessels, accident reports filed with Natural Resources Department, Watercraft, Boats History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 19990413 Introduced, read first time, 20 HANR referred to Committee Versions of This Bill
TO AMEND SECTION 50-21-130, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACCIDENT REPORTS FOR VESSELS FILED WITH THE DEPARTMENT OF NATURAL RESOURCES, SO AS TO DELETE CERTAIN PROVISIONS, PROVIDE THAT REPORTS ARE AVAILABLE UPON WRITTEN REQUEST FROM ANY PERSON SO LONG AS THE INFORMATION CONTAINED THEREIN IS NOT TO BE USED FOR COMMERCIAL SOLICITATION PURPOSES, ESTABLISH A MISDEMEANOR OFFENSE, AND PROVIDE PENALTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 50-21-130(4) of the 1976 Code, as last amended by Section 1269 of Act 181 of 1993, is further amended to read:
"(4) Any such report shall be without prejudice, shall be for the information of the department and shall not be open to public inspection. Provided, however, the report shall be made available upon written request to any person injured or damaged in the accident, or to his attorney. With respect to the report provided for in this section, no employee of the department shall allow any person to examine or obtain a copy of any report when the employee knows or should reasonably know that the request for access to the report is for commercial solicitation purposes. No person shall request the department to permit examination or to furnish a copy of any such report for commercial solicitation purposes. All persons, except law enforcement personnel, department personnel, and persons named in the report, shall be required to submit a separate written request to the department for each report. A written request under this section must state the requestor's name, address, and the intended use of the report in sufficient detail that the department may ascertain that the intended use is not for commercial solicitation purposes. A person who knowingly makes any false statement in any written request under this section shall be guilty of a misdemeanor and upon conviction shall be fined not more than one hundred dollars or imprisoned for more than thirty days. The fact that such report has been made shall be admissible in evidence solely to show compliance with this section but no such report nor any part thereof nor any statement contained therein shall be admissible as evidence for any purpose in any civil trial."
SECTION 2. This act takes effect upon approval by the Governor.
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