H 4267 General Bill, By Wilkins and Fair
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Sections
 16-15-460 and 16-15-470 so as to provide for displaying certain video
 cassettes for sale or rental in a separate area, and to provide for an
 official rating on the sale, rental, or loan of certain video movies.

   01/23/92  House  Introduced and read first time HJ-12
   01/23/92  House  Referred to Committee on Judiciary HJ-12
   02/12/92  House  Committee report: Favorable with amendment
                     Judiciary HJ-6
   02/19/92  House  Debate adjourned until Thursday, February 27,
                     1992 HJ-28
   02/27/92  House  Amended HJ-19
   02/27/92  House  Read second time HJ-20
   03/03/92  House  Debate adjourned until Wednesday, March 4, 1992 HJ-20
   03/04/92  House  Debate adjourned until Thursday, March 5, 1992
   03/05/92  House  Debate adjourned until Tuesday, March 17, 1992 HJ-1
   03/17/92  House  Debate adjourned until Tuesday, March 31, 1992 HJ-1
   03/31/92  House  Debate adjourned until Tuesday, April 7, 1992 HJ-47
   04/07/92  House  Debate adjourned until Tuesday, April 21, 1992 HJ-3
   04/21/92  House  Recommitted to Committee on Judiciary HJ-17

February 27, 1992

H. 4267

S. Printed 2/27/92--H.

Read the first time January 23, 1992.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 16-15-460 AND 16-15-470 SO AS TO PROVIDE FOR DISPLAYING CERTAIN VIDEO CASSETTES FOR SALE OR RENTAL IN A SEPARATE AREA, AND TO PROVIDE FOR AN OFFICIAL RATING ON THE SALE, RENTAL, OR LOAN OF CERTAIN VIDEO MOVIES.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 16-15-460. (A) Video cassettes or other video reproduction devices, and the jackets, cases, or coverings of the video reproduction devices must be displayed or maintained in a separate area if:

(1) taken as a whole and applying contemporary community standards, the average person would find that it has a tendency to cater or appeal to a morbid interest in violence for persons under the age of seventeen; and

(2) it depicts violence in a way which is patently offensive to the average person applying contemporary adult community standards with respect to what is suitable for persons under the age of seventeen; and

(3) taken as a whole, it lacks serious literary, artistic, political, or scientific value for persons under the age of seventeen.

(B) A video cassette or other video reproduction device that fits the description of subsection (A)(1) must not be rented or sold to a person under the age of seventeen.

(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars.

Section 16-15-470. (A) As used in this section, the term:

(1) `Official rating' means an official rating of the Motion Picture Association of America, the Film Advisory Board, Inc., or any other official rating organization.

(2) `Person' means an individual, corporation, partnership, or any other legal or commercial entity.

(3) `Video movie' means a videotape, video cassette, video disc, any prerecorded video display or visual depiction, any prerecorded device that can be converted to visual depiction, or other reproduction, or reconstruction of a motion picture.

(B) No person may sell, rent, loan, or otherwise disseminate or distribute for monetary consideration a video movie unless the official rating of the motion picture from which the video movie is copied is clearly and prominently displayed in boldface type of a size of at least eighteen points on the outside of the video movie as well as on the cassette, case, jacket, or other covering containing the video movie. The movie video must be clearly and prominently marked in boldface type of a size of at least eighteen points on the outside of the video movie as well as the cassette, case, jacket, or other covering containing the video movie as `NOT RATED' if:

(1) the motion picture from which the video movie is copied has no official rating;

(2) the official rating of the motion picture from which the video movie is copied is not readily available to a person; or

(3) the video movie has been altered so that its content materially differs from the motion picture.

(C) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than two hundred fifty dollars."

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