Current Status Introducing Body:Senate Bill Number:1051 Primary Sponsor:Passailaigue Committee Number:06 Type of Legislation:GB Subject:Agencies to sell commercial advertising space Residing Body:Senate Current Committee:Finance Computer Document Number:1051 Introduced Date:Sep 23, 1991 Last History Body:Senate Last History Date:Sep 23, 1991 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Passailaigue Type of Legislation:General Bill
Bill Body Date Action Description CMN
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1051 Senate Sep 23, 1991 Introduced, read first time, 06
referred to Committee
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TO AMEND ARTICLE 1, CHAPTER 9, TITLE 11, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO STATE FINANCES, SO AS TO PERMIT A STATE AGENCY TO CONTRACT TO SELL COMMERCIAL ADVERTISING SPACE IN LOCATIONS SUCH AS ITS PUBLICATIONS, BUILDINGS, FACILITIES, AND ON ITS VEHICLES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 9 of Title 11 is amended by adding:
"Section 11-9-140. A state agency may contract to sell commercial advertising space in locations such as its publications, buildings, facilities, and on its vehicles, in exchange for cash payment. All money received pursuant to a contract entered into under this section shall be deposited to the credit of the advertising contract fund, which is hereby created in the state treasury. Of the money credited to the fund, the state agency that contracted to sell the advertising space shall be given forty percent of the revenues generated from the selling of space and reimbursed for expenses incurred. The money not given to the agency of instrumentality shall be transferred to the general revenue fund.
An advertisement displayed in advertising space sold under this section shall meet the following restrictions:
(A) It shall not promote or oppose any political candidate, issue, or organization.
(B) It shall not be libelous and shall not promote alcohol or tobacco or any illegal product or service.
(C) It shall be tasteful and inoffensive.
(D) It shall not promote discrimination on the basis of the race, color, religion, national origin, handicap, age, or ancestry of any person.
(E) It shall comply with any controlling federal or state regulations or restrictions, and any applicable local zoning or outdoor graphics regulations.
(F) It shall clearly indicate the advertiser's identity and state that the advertiser is not the State or any state agency or instrumentality.
(G) It shall clearly indicate that the State does not endorse the product or service promoted by the advertisement and makes no representations about the accuracy of the advertisement or the quality or performance of the product or service promoted by the advertisement.
Contracts entered into under this section shall be awarded only by competitive bidding and to the highest bidder. Such a contract may be entered into only if there is a reasonable anticipation that the contract will produce a profit for the State or the contracting state agency or instrumentality. No state agency shall publish any document, construct any building or facility, or purchase any vehicle for the purpose of displaying advertisements if the publication, construction, or purchase is unnecessary to the ordinary conduct of its official duties. No state agency or instrumentality shall erect any freestanding outdoor billboard or sign pursuant to this section, except that the Department of Transportation may erect at each roadside rest area under its control not more than three freestanding outdoor signs, each having a surface area for advertising space not exceeding forty square feet.
No state agency shall artificially inflate expenses in connection with any contract entered into under this section.
No person has a cause of action against the State or any state agency because of the content of or any representation made in an advertisement authorized by a contract entered into under this section.
Upon the filing of a written objection by any individual that an advertisement placed pursuant to this section violates the restrictions on advertisements set forth, the board of the respective agency shall make a determination regarding the alleged violation. If the board determines that the advertisement violates the restrictions, it shall notify the state agency that sold the advertising space of the violation. The agency or instrumentality shall then take appropriate steps to promptly correct the violation.
Not later than the thirty-first day of January of each year, the board of each agency selling advertising space shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives describing the opportunities for and results of sales of commercial advertising space by state agencies."
SECTION 2. This act takes effect upon approval by the Governor.