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Bill Number: 3195 Ratification Number: 396 Act Number 373 Introducing Body: House Subject: Solicitations in unincorporated county areas
(A373, R396, H3195)
AN ACT TO AMEND SECTION 5-27-910, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF PERMITS TO CERTAIN ORGANIZATIONS TO SOLICIT FUNDS FROM MOTORISTS WITHIN A MUNICIPALITY, SO AS TO ALSO PERMIT THIS SOLICITATION WITHIN THE INCORPORATED AREA OF A COUNTY, AND TO PROVIDE THAT THE COUNTY OR MUNICIPALITY IS IMMUNE FROM LIABILITY FOR ANY LOSS OR INJURY OCCURRING AS A RESULT OF THESE SOLICITATIONS; TO AMEND SECTION 15-78-60, RELATING TO WHEN A GOVERNMENTAL ENTITY IS NOT LIABLE UNDER THE TORT CLAIMS ACT SO AS TO PROVIDE THAT THERE IS ALSO NO LIABILITY AS A RESULT OF SOLICITATIONS AUTHORIZED BY SECTION 5-27-910; AND TO AMEND SECTION 56-5-3180, RELATING TO SOLICITATIONS BY PEDESTRIANS, SO AS TO AUTHORIZE SOLICITATIONS PURSUANT TO SECTION 5-27-910.
Be it enacted by the General Assembly of the State of South Carolina:
Solicitations in unincorporated county areas
SECTION 1. Section 5-27-910 of the 1976 Code is amended to read:
"Section 5-27-910. Any rescue squad, volunteer fire department, or charitable or eleemosynary organization in this State may solicit funds from motorists on highways and streets located within a municipality with a permit issued by the governing body of the municipality or within the unincorporated areas of a county with a permit issued by the governing body of the county. The governing body may grant or deny a permit. Permits may be issued for more than one day but no organization may be issued more than two permits in any one calendar year. Permits may impose limits upon solicitation as the governing body of the municipality or county determines are necessary to protect the health and safety of motorists, pedestrians, and those soliciting for an organization and to ensure that solicitation does not unreasonably impede the flow of traffic. The governing body issuing the Permit shall have responsibility for supervising the solicitation and enforcing the terms of the permit; provided, that the municipality or county is immune from liability as provided in the Tort Claims Act for any loss or injury occurring as a result of these solicitations "
Governmental entities immune
SECTION 2. Section 15-78-60 of the 1976 Code is amended by adding a new item (27) at the end:
"(27) Solicitations on streets and highways as authorized by the provisions of Section 5-27-910."
Certain pedestrian solicitations authorized
SECTION 3. Section 56-5-3180 of the 1976 Code is amended to read:
"Section 56-5-3180. (a) No person shall stand in a roadway for the purpose of soliciting a ride. (b) Except when authorized by the provisions of Section 5-27-910, no person shall stand on a highway for the purpose of soliciting employment, business, or contributions from the occupant of any vehicle.
(c) No person may stand on or in proximity to a street or highway for the purpose of soliciting the watching or guarding of any vehicle while parked or about to be parked on a street or highway."
SECTION 4. This act takes effect upon approval by the Governor.