South Carolina General Assembly
109th Session, 1991-1992

Bill 1548


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1548
Primary Sponsor:                Washington
Committee Number:               11
Type of Legislation:            GB
Subject:                        Public grounds, regulation of
                                religious speech on
Residing Body:                  Senate
Current Committee:              Judiciary
Computer Document Number:       1548
Introduced Date:                May 13, 1992
Last History Body:              Senate
Last History Date:              May 13, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Washington
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1548  Senate  May 13, 1992  Introduced, read first time,    11
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

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 RELIGIOUS EXPRESSION AND SPEECH ON PUBLIC GROUNDS BY COUNTIES, MUNICIPALITIES, AND 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

Regulation by Counties, Municipalities,

and Political Subdivisions

Section 10-11-510. A county, municipality, or political subdivision of the State must not prohibit the normal, 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, disrupting, or disturbing 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 religious expression or speech on public grounds. However, a county, municipality, or political subdivision may regulate a person's 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.

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