The Committee on Judiciary proposes the following amendment (LC-508.SA0001H):
Amend the bill, as and if amended, SECTION 2, by striking Section 10-1-165(E) and inserting:
(E)(1) It is not a violation of subsection (B) if a monument or memorial to a dedicated class of people whose names are inscribed on the monument or memorial is altered to include additional names of members of the class who were not known to be or had not qualified as a member of the class at the time that the monument or memorial was first erected.(2) For a monument or memorial described in item (1), the permitted alteration may include the limited update of an existing plaque, marker, inscription, nameplate, anything that facilitates the transmission of messages through digital or electronic means, or other message or message delivery device or platform that is related to the monument or memorial and original to the monument or memorial. The update must be limited to identifying or providing information concerning the newly added members of the same dedicated class and must be made in substantially the same manner and format as the information provided for members of the class previously identified on or through the monument or memorial.
Amend the bill further, SECTION 2, by striking Section 10-1-165(F)(1) and inserting:
(F)(1) An affinity organization or monument preservation organization shall have a right tomay bring a civil action, to prevent or redress a violation of this section, including an action for injunctive relief, or declaratory relief. If a monument or memorial has been damaged or destroyed, the affinity organization or monument preservation organization may bring an action for and the recovery of damages, for the cost of restoration and repair of; however, such damages are limited to only the reasonable amount necessary to restore, repair, or replace any damaged or destroyed monument or memorial, including. A prevailing plaintiff under any cause of action may recover reasonable attorney's fees and court costs.Amend the bill further, SECTION 2, Section 10-1-165, by adding a subsection to read:
(K) This section must be construed and applied to protect the exercise of the right of freedom of speech and of the press, the right to assemble and petition, and the right of association, guaranteed by the United States Constitution and the South Carolina Constitution.(L) It is not a violation of this section to make additions, inscriptions, or updates to a monument or memorial that is actively maintained and updated to reflect the names or service of members of the United States Armed Forces, National Guard, reserve components, law enforcement, firefighters, or first responders who are killed in action or die in the line of duty, were prisoners of war, missing in action, or otherwise honored for service, provided that any additions, inscriptions, or updates are consistent with the original commemorative purpose of the monument or memorial and do not result in its relocation or removal.
Renumber sections to conform.
Amend title to conform.