Current Status Introducing Body:House Bill Number:4080 Primary Sponsor:Breeland Committee Number:21 Type of Legislation:GB Subject:Schools, advertising provisions Residing Body:House Current Committee:Education and Public Works Computer Document Number:CYY/15415SD.93 Introduced Date:19930414 Last History Body:House Last History Date:19930414 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Breeland Anderson McMahand Hines Inabinett Scott Holt White Neal Govan Williams Byrd Law Barber J. Brown Cobb-Hunter Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4080 House 19930414 Introduced, read first time, 21
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-23-195 SO AS TO PERMIT PUBLIC SCHOOLS OF THIS STATE UNDER CERTAIN CONDITIONS TO CONTRACT TO SELL COMMERCIAL ADVERTISING SPACE IN THEIR PUBLICATIONS, BUILDINGS, FACILITIES AND VEHICLES, AND TO PROVIDE FOR THE MANNER IN WHICH THE FUNDS RECEIVED FROM SUCH ADVERTISING MUST BE EXPENDED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 59-23-195. A public school of this State, upon approval of the board of trustees or governing body of its school district, 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 school district. Of the money credited to the district, the school that contracted to sell the advertising space shall be given seventy-five percent of the revenues generated from the selling of space and reimbursed for expenses incurred.
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, county, school district, or school.
(g) It shall clearly indicate that the school, school district, or any agency or instrumentality thereof do not endorse the product or service promoted by the advertisement and make 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 school. No school 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 school functions. No school shall erect any freestanding outdoor billboard or sign pursuant to this section.
No school shall artificially inflate expenses in connection with any contract entered into under this section.
No person has a cause of action against the State, county, school district or school 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 that school district shall make a determination regarding the alleged violation. If the board determines that the advertisement violates the restrictions, it shall notify the school that sold the advertising space of the violation. The school shall then take appropriate steps to promptly correct the violation."
SECTION 2. This act takes effect upon approval by the Governor.