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COMMITTEE AMENDMENT AMENDED AND ADOPTED
April 14, 2005
S. 347
Introduced by Senators Lourie, Jackson, Mescher, Ford, Knotts, Cleary, Scott, Short, Patterson, Land, Cromer, Elliott, Ryberg, Grooms and Gregory
S. Printed 4/14/05--S.
Read the first time January 26, 2005.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-25-210 SO AS TO MAKE IT A CRIME TO DEFACE, VANDALIZE, TAMPER WITH, OR REMOVE A POLITICAL CAMPAIGN SIGN, TO PROVIDE AN EXEMPTION, AND TO PROVIDE A PENALTY FOR VIOLATION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 25, Title 7 of the 1976 Code is amended by adding:
"Section 7-25-210. (A) It is unlawful to deface, vandalize, tamper with, or remove a lawfully placed political campaign sign prior to the election without the permission of the candidate or party.
(B) This section does not apply to a governmental entity when a political campaign sign is removed because of noncompliance with applicable law, or because an employee of the governmental entity removing the sign is working within the course and scope of his employment.
(C) A person who violates the provisions of subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned not more than thirty days, or both."
SECTION 2. Chapter 1, Title 7 of the 1976 Code is amended by adding:
"Section 7-1-110. (A) A sign bearing a political message relating to an election, primary, or referendum may be placed in view of any highway or in a highway right-of way if the sign:
(1) is not placed in the highway median;
(2) is not affixed to or does not obscure the view of any official traffic sign, signal, or control device or railroad sign, signal, or control device; or
(3) does not create a hazardous condition for highway users.
(B) A state or local governmental authority having jurisdiction over highway right-of-ways is prohibited from removing any signs bearing political messages relating to an election, primary, or referendum from a highway right-of-way in the fourteen-day period preceding the election or on election day except when the sign does not comply with the provisions of subsection (A)."
SECTION 3. Section 56-5-1020 of the 1976 Code is amended to read:
"Section 56-5-1020. (A) No person shall place, maintain, or display upon or in view of any highway any unauthorized sign, signal, marking or device which (a) (1) purports to be or is an imitation of or resembles an official traffic-control device or railroad sign or signal, (b) (2) attempts to direct the movement of traffic, or (c) (3) hides from view or interferes with the effectiveness of any official traffic-control device or any railroad sign or signal, and no person shall place or maintain nor shall any public authority permit upon any highway any traffic sign, signal, or control device bearing thereon any commercial advertisement.
(B) This provision does not prohibit the placement of signs bearing a political message as provided in Section 7-1-110.
(C) This provision shall does not be deemed to prohibit the erection upon private property adjacent to highways of signs giving useful directional information and of a type that cannot be mistaken for official signs.
(D) Every such prohibited sign, signal, or marking is hereby declared to be a public nuisance, and the state or local governmental authority having jurisdiction over the highway may remove it or cause it to be removed without notice."
SECTION 4. Section 57-25-10 of the Code is amended to read:
"Section 57-25-10. (A) It is unlawful for a person to display, place, or affix a sign, as defined in Section 57-25-120(3), within a right-of-way and visible from the main-traveled way of the highway. A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not more than one hundred dollars or imprisoned for not more than thirty days.
(B) The provisions of this section do not prohibit the placement of signs bearing a political message as provided in Section 7-1-110."
SECTION 5. Section 57-25-140 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:
"( ) The provisions of this section do not prohibit the placement of signs bearing a political message as provided in Section 7-1-110."
SECTION 6. This act takes effect upon approval by the Governor.
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