S 0791 General Bill, By Hawkins, Grooms and Courson

Similar(H 4407)
 A BILL TO AMEND SECTION 59-1-443, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO SCHOOLS PROVIDING A MINUTE OF MANDATORY SILENCE AT THE BEGINNING
 OF EACH SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS INSTEAD SHALL PROVIDE FOR A
 DAILY OBSERVANCE OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, MEDITATION, OR
 OTHER SILENT ACTIVITY, AND TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL
 INTERVENE IN ANY CASE WHERE THE PROVISIONS OF THIS SECTION ARE ALLEGED TO BE
 UNCONSTITUTIONAL, UNLAWFUL, OR UNENFORCEABLE AND PROVIDE THE LEGAL DEFENSE OF
 ITS PROVISIONS.

   12/12/01  Senate Prefiled
   12/12/01  Senate Referred to Committee on Education
   01/08/02  Senate Introduced and read first time SJ-27
   01/08/02  Senate Referred to Committee on Education SJ-27

TO AMEND SECTION 59-1-443, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOLS PROVIDING A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS INSTEAD SHALL PROVIDE FOR A DAILY OBSERVANCE OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, MEDITATION, OR OTHER SILENT ACTIVITY, AND TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL INTERVENE IN ANY CASE WHERE THE PROVISIONS OF THIS SECTION ARE ALLEGED TO BE UNCONSTITUTIONAL, UNLAWFUL, OR UNENFORCEABLE AND PROVIDE THE LEGAL DEFENSE OF ITS PROVISIONS.

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

SECTION 1. Section 59-1-443 of the 1976 Code, as added by Act 145 of 1995, is amended to read:

"Section 59-1-443. All schools shall provide for a minute of mandatory silence at the beginning of each school day. In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the State either to engage in, or to refrain from, religious observation on school grounds, the school board of each school district shall establish in every school under its jurisdiction the daily observance of one minute of silence for voluntary prayer, meditation, or other silent activity.

During the one-minute period of silence, the teacher responsible for each classroom shall ensure that all pupils remain seated and silent and make no distracting display to the end that each pupil, in the exercise of his individual choice, may pray, meditate, or engage in any other silent activity which does not interfere with, distract, or impede other pupils in the like exercise of individual choice.

The Attorney General's office shall intervene in any case where the provisions of this section are alleged to be unconstitutional, unlawful, or unenforceable and provide the legal defense of its provisions."

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