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TO AMEND SECTION 10-1-30 OF THE 1976 CODE, RELATING TO USE OF STATE HOUSE LOBBIES, STEPS, AND OTHER PUBLIC BUILDINGS AND GROUNDS, TO REQUIRE THAT THE DEPARTMENT OF ADMINISTRATION CREATE A PERMIT PROCESS FOR EVENTS AND DEMONSTRATIONS ON THE STATE HOUSE GROUNDS; TO AMEND SECTION 10-11-310 OF THE 1976 CODE, RELATING TO THE DEFINITION OF CAPITOL GROUNDS, TO ADD PENDLETON STREET TO THE DEFINITION; AND TO AMEND SECTION 10-11-330 OF THE 1976 CODE, RELATING TO UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, TO MAKE IT UNLAWFUL TO INCITE PHYSICAL VIOLENCE OR ENGAGE IN ACTIVITIES THAT ENCOURAGE UNLAWFUL CONDUCT, AND TO ALLOW LAW ENFORCEMENT TO REMOVE AND DISBURSE PERSONS THAT CAUSE A THREAT TO PUBLIC SECURITY, HEALTH OR WELL-BEING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 10-1-30 of the 1976 Code is amended to read:
"Section 10-1-30. (A) The Director of the Division of General Services may Department of Administration shall authorize the use of areas of the State House except for those provided in subsection (B), the State House steps and grounds, and other public buildings and grounds except for those provided in subsection (B) in accordance with regulations promulgated by the department and the laws of this State.
(B) The Clerk of the Senate and the Clerk of the House of Representatives shall provide joint approval for access to or the use of the second and third floors of the State House; provided, that use of the respective chambers of each house shall be the prerogative of that house. The Clerk of the Senate shall provide prior authorization for any access to or use of the Senate Office Building and the Clerk of the House of Representatives shall provide prior authorization for any access to or use of the House Office Building. Management and supervision of the office buildings of each house of the General Assembly shall be exercised by each house acting through the respective clerks.
(C)(1) The regulations promulgated pursuant to subsection (A) must shall contain provisions to ensure that the public health, safety, and welfare are protected in the use of the areas including reasonable time, place, and manner restrictions and application periods before use.
(2) These regulations shall include at a minimum the following requirements:
(a) the designation of permissible demonstration areas and prohibited demonstration areas;
(b) a permit requirement for events and demonstrations planned on the State House grounds that provides that permit applications must be submitted at least ten days prior to the scheduled event and/or demonstration;
(D)(1) The department shall, upon receipt of the permit application, submit the permit application to the director of the State Law Enforcement Division and the director of the Department of Public Safety to review for possible public safety threats, or crowd control concerns. If there is a legitimate public safety threat, or crowd control concern as a result of this review, the permit shall be denied.
(2) The department shall issue only one permit per day for permissible demonstration areas. Multiple permits in any given day may be considered, provided the director of the State Law Enforcement Division and the director of the Department of Public Safety review the permit applications and notify the department that no public safety threat or crowd control concerns are determined. (3) If sufficient measures are not taken to protect the public health, safety, and welfare, the director shall deny the requested use permit. Other restrictions may be imposed on the use of the areas as are necessary for the conduct of business in those areas and the maintenance of the dignity, decorum, and aesthetics of the areas."
SECTION 2. Section 10-11-310 of the 1976 Code is amended to read:
"Section 10-11-310. As used in this article, 'capitol grounds' and 'State House grounds' shall be that area inward from the vehicular traveled surfaces of Gervais, Sumter, Pendleton, Senate and Assembly Streets in the city of Columbia."
SECTION 3. Section 10-11-330 of the 1976 Code is amended to read:
"Section 10-11-330. (A) It shall be unlawful for any person or group of persons willfully and knowingly: (a) to enter or to remain within the capitol building unless such person is authorized by law or by rules of the House or Senate, or the Department of Administration regulations, respectively, when such entry is done for the purpose of uttering loud, threatening, and abusive language or to engage in any disorderly or disruptive conduct with the intent to impede, disrupt, or disturb the orderly conduct of any session of the legislature or the orderly conduct within the building or of any hearing before or any deliberation of any committee or subcommittee of the legislature; (b) to obstruct or to impede passage within the capitol grounds or building; (c) to engage in any act of physical violence upon the capitol grounds or within the capitol building; or (d) to parade, demonstrate, or picket within the capitol building.
(B) It shall be unlawful for any person or group of persons: (a) to enter or to remain on the capitol grounds when such entry is accomplished in a manner that causes or incites physical violence, (b) to engage or promote conduct that would threaten the public safety, health or well-being of others present, (c) to engage in activities that are disorderly and disruptive to other's use of the capitol grounds, or (d) to remain after being told to disburse by authorized law enforcement personnel.
(C) Authorized law enforcement personnel shall have the authority to remove or disburse any persons or organizations, including those with a valid permit, if their continued presence and activity would cause a threat to public security, health or well-being. Any person or group of persons refusing to comply with removal or disbursement instructions by authorized law enforcement personnel shall be guilty of a misdemeanor and shall be punished as provided in Section 10-11-360. A person or group of persons may be charged under applicable law in addition to the penalties in Section 10-11-360."
SECTION 4. This act takes effect upon approval by the Governor.
This web page was last updated on December 9, 2015 at 12:29 PM