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Bill 791

                    Current Status

Bill Number:                      791
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20020108
Primary Sponsor:                  Hawkins
All Sponsors:                     Hawkins, Grooms, Courson
Drafted Document Number:          l:\council\bills\nbd\11028sd02.doc
Residing Body:                    Senate
Current Committee:                Education Committee 04 SED
Subject:                          Prayer, voluntary or moment of silence in 
                                  schools; Attorney General to defend


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20020108  Introduced, read first time,           04 SED
                  referred to Committee
Senate  20011212  Prefiled, referred to Committee        04 SED


              Versions of This Bill

TO AMEND SECTION 59-1-443, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOLS PROVIDING A MINUTE OF MANDATORY SILENCE AT THE BEGINNING OF EACH SCHOOL DAY, SO AS TO PROVIDE THAT SCHOOLS INSTEAD SHALL PROVIDE FOR A DAILY OBSERVANCE OF ONE MINUTE OF VOLUNTARY SILENT PRAYER, MEDITATION, OR OTHER SILENT ACTIVITY, AND TO PROVIDE THAT THE ATTORNEY GENERAL'S OFFICE SHALL INTERVENE IN ANY CASE WHERE THE PROVISIONS OF THIS SECTION ARE ALLEGED TO BE UNCONSTITUTIONAL, UNLAWFUL, OR UNENFORCEABLE AND PROVIDE THE LEGAL DEFENSE OF ITS PROVISIONS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 59-1-443 of the 1976 Code, as added by Act 145 of 1995, is amended to read:

"Section 59-1-443. All schools shall provide for a minute of mandatory silence at the beginning of each school day. In order that the right of every pupil to the free exercise of religion be guaranteed within the schools and that the freedom of each individual pupil be subject to the least possible pressure from the State either to engage in, or to refrain from, religious observation on school grounds, the school board of each school district shall establish in every school under its jurisdiction the daily observance of one minute of silence for voluntary prayer, meditation, or other silent activity.

During the one-minute period of silence, the teacher responsible for each classroom shall ensure that all pupils remain seated and silent and make no distracting display to the end that each pupil, in the exercise of his individual choice, may pray, meditate, or engage in any other silent activity which does not interfere with, distract, or impede other pupils in the like exercise of individual choice.

The Attorney General's office shall intervene in any case where the provisions of this section are alleged to be unconstitutional, unlawful, or unenforceable and provide the legal defense of its provisions."

SECTION 2. This act takes effect upon approval by the Governor.

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