S 0210 General Bill, By Washington
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 5
 to Chapter 11 of Title 10, so as to provide for the regulation of entry onto
 public grounds and the regulation of a person's expression or speech,
 including religious expression or speech, on public grounds by counties,
 municipalities, or political subdivisions of the State.

   01/14/93  Senate Introduced and read first time SJ-15
   01/14/93  Senate Referred to Committee on Judiciary SJ-15
   01/27/93  Senate Committee report: Favorable Judiciary SJ-14

January 27, 1993

S. 210

S. Printed 1/27/93--S.

Read the first time January 14, 1993.

To whom was referred a Bill (S. 210), to amend the Code of Laws of South Carolina, 1976, by adding Article 5 to Chapter 11 of Title 10, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

EDWARD E. SALEEBY, for Committee.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 5 TO CHAPTER 11 OF TITLE 10, SO AS TO PROVIDE FOR THE REGULATION OF ENTRY ONTO PUBLIC GROUNDS AND THE REGULATION OF A PERSON'S EXPRESSION OR SPEECH, INCLUDING RELIGIOUS EXPRESSION OR SPEECH, ON PUBLIC GROUNDS BY COUNTIES, MUNICIPALITIES, OR POLITICAL SUBDIVISIONS OF THE STATE.

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

SECTION 1. Chapter 11, Title 10 of the 1976 Code is amended by adding:

"Article 5

Section 10-11-510. A county, municipality, or political subdivision of the State must not prohibit the peaceful entry of any person upon public grounds, subject only to laws or rules governing the portions of public grounds which may be entered and the hours during which entry is allowed. However, a county, municipality, or political subdivision may regulate a person's entry upon public grounds where (1) the entry is for the purpose of engaging in disorderly or disruptive conduct with the intent to physically obstruct, impede, or disturb passage by other persons on the public grounds, or (2) the entry is for the purpose of impeding or disrupting the orderly conduct of business on or adjacent to the public grounds. Such regulations must not be arbitrarily or discriminatorily imposed or enforced.

Section 10-11-520. A county, municipality, or political subdivision of the State must not prohibit or subject to prior restraint any person's expression or speech, including religious expression or speech, on public grounds. However, a county, municipality, or political subdivision may regulate a person's expression or speech, including religious expression or speech, on public grounds by (1) requiring compliance with any laws, rules, or ordinances enacted or promulgated as provided for in Section 10-11-510, or (2) by prohibiting language or conduct which in its common acceptation is calculated to cause substantial risk of provoking or inciting violence or breach of the peace."

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