South Carolina General Assembly
114th Session, 2001-2002

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Bill 804

Indicates Matter Stricken
Indicates New Matter

                    Current Status

Bill Number:                      804
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020108
Primary Sponsor:                  Reese
All Sponsors:                     Reese, Elliott, O'Dell
Drafted Document Number:          l:\council\bills\dka\4585mm02.doc
Residing Body:                    Senate
Current Committee:                Finance Committee 06 SF
Subject:                          Obscene material; use of state funds 
                                  prohibited in connection with dissemination, 
                                  procurement or promotion of


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020108  Introduced, read first time,           06 SF
                  referred to Committee
Senate  20011212  Prefiled, referred to Committee        06 SF


              Versions of This Bill
View additional legislative information at the LPITS web site.

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

A BILL

TO AMEND ARTICLE 1, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE FINANCES GENERALLY, BY ADDING SECTION 11-9-25 SO AS TO PROHIBIT THE USE OF STATE FUNDS AND OTHER STATE RESOURCES IN CONNECTION WITH AN ACTIVITY OR A FUNCTION THAT RESULTS IN THE DISSEMINATION, PROCUREMENT, OR PROMOTION OF OBSCENITY OR OBSCENE MATERIAL IN VIOLATION OF SECTION 16-15-305.

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

SECTION 1. Article 1, Chapter 9, Title 11 of the 1976 Code is amended by adding:

"Section 11-9-25. (A) For purposes of this section:

(1) 'Dissemination, procurement, or promotion of obscenity or obscene material' means acts and materials as defined in Section 16-15-305.

(2) 'Public agency or institution' means any office, agency, authority, department, commission, board, division, or instrumentality of the State, including a state-supported governmental health care facility, school, college, university, or technical college, or a local political subdivision of them.

(3) 'State resources' means buildings, equipment, or personnel constructed, purchased, or compensated with state funds.

(B) State funds may not be used by a public agency or institution to sponsor or defray the cost of an activity or a function that results in the dissemination, procurement, or promotion of obscenity or obscene material in violation of Section 16-15-305.

(C) Any employee, trustee, member, or official of a public agency or institution may not be reimbursed from state funds for expenses incurred in connection with an activity or a function that results in the dissemination, procurement, or promotion of obscenity or obscene material in violation of Section 16-15-305.

(D) A public agency or institution may not use or permit the use of state resources in connection with an activity or a function that results in the dissemination, procurement, or promotion of obscenity or obscene materials in violation of Section 16-15-305."

SECTION 2. This act takes effect upon approval by the Governor and is effective for an activity or a function occurring on or after that date that results in a successful prosecution for violation of Section 16-15-305.

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