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COMMITTEE REPORT
February 16, 2000
S. 933
S. Printed 2/16/00--S.
Read the first time January 11, 2000.
To whom was referred a Bill (S. 933), to amend Section 39-1-20, Code of Laws of South Carolina, 1976, relating to making intentionally untrue statements in advertising, so as to prohibit advertising in any form, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, page 1, beginning on line 25, in Section 39-1-20, as contained in SECTION 1, by striking Section 39-1-20 in its entirety and inserting therein the following:
/ "Section 39-1-20. Any person who, knowingly with intent to sell or in any wise way dispose of merchandise, securities, service services, or anything offered by such the person, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption thereof, to induce the public in any manner to enter into any obligation relating thereto or to acquire title thereto or an interest therein makes, publishes, disseminates, circulates, broadcasts, or places before the public or causes, directly or indirectly, to be made, published, disseminated, circulated, broadcast, or placed before the public, in a newspaper, or other publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, broadcast over the Internet, television, radio, or in any other way form, an advertisement of any sort regarding merchandise, securities, service services, or anything so offered to the public which contains any assertion, representation or statement of fact which is intentionally untrue shall be is guilty of a misdemeanor, and upon conviction, shall must be punished by a fine of not less than one hundred dollars nor more than five hundred dollars or by imprisonment at hard labor for not less than thirty days nor more than six months, in the discretion of the court." /
Amend title to conform.
DONALD H. HOLLAND, for Committee.
TO AMEND SECTION 39-1-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MAKING INTENTIONALLY UNTRUE STATEMENTS IN ADVERTISING, SO AS TO PROHIBIT ADVERTISING IN ANY FORM, INCLUDING TELEVISION, RADIO, AND INTERNET BROADCASTS, WHICH IS KNOWN OR SHOULD BE KNOWN TO BE UNTRUE OR MISLEADING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 39-1-20 of the 1976 Code is amended to read:
"Section 39-1-20. Any person who, knowingly with intent to sell or in any wise way dispose of merchandise, securities, services service, or anything offered by such the person, directly or indirectly, to the public for sale or distribution, or with intent to increase the consumption, thereof, to induce the public in any manner to enter into any obligation relating thereto or to acquire title thereto or an interest, therein makes, publishes, disseminates, circulates, broadcasts, or places before the public or causes, directly or indirectly, to be made, published, disseminated, circulated, broadcast, or placed before the public, in a newspaper, or other publication or in the form of a book, notice, handbill, poster, bill, circular, pamphlet, letter, broadcast over the Internet, television, radio, or in any other way form, an advertisement of any sort regarding merchandise, securities, service, or anything so offered to the public which contains any assertion, representation or statement of fact which is intentionally untrue or misleading, and which is known or which by the exercise of reasonable care should be known to be untrue or misleading, shall be is guilty of a misdemeanor, and upon conviction, shall be punished by a fine not less than one hundred dollars nor more than five hundred dollars or by imprisonment at hard labor for not less than thirty days nor more than six months, in the discretion of the court."
SECTION 2. This act takes effect upon approval by the Governor.
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