South Carolina General Assembly
116th Session, 2005-2006

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H. 3477

STATUS INFORMATION

General Bill
Sponsors: Rep. Hinson
Document Path: l:\council\bills\pt\2320sj05.doc

Introduced in the House on February 8, 2005
Currently residing in the House Committee on Education and Public Works

Summary: Students and employees may not use public property to advocate viewpoint

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    2/8/2005  House   Introduced and read first time HJ-2
    2/8/2005  House   Referred to Committee on Education and Public Works HJ-3

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/8/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 59-1-490 SO AS TO PROVIDE THAT EACH SCHOOL DISTRICT SHALL DEVELOP AND IMPLEMENT POLICIES TO ENSURE THAT STUDENTS ARE NOT REQUIRED TO CONVEY OR DELIVER MATERIALS THAT ADVOCATE A PARTICULAR VIEWPOINT ON AN ELECTION, TO PROVIDE THAT EMPLOYEES MAY NOT USE PUBLIC PROPERTY TO ADVOCATE A PARTICULAR VIEWPOINT ON AN ELECTION, AND PROVIDE EXCEPTIONS.

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

SECTION    1.    Article 5, Chapter 1, Title 59 of the 1976 Code is amended by adding:

"Section 59-1-490.    (A)    Each school district shall develop and implement policies to ensure that:

(1)    students are not required to convey or deliver materials that communicate personal political views or advocate the:

(a)    election or defeat of a candidate for public elective office;

(b)    passage or defeat of a referendum question; or

(c)    passage or defeat of a matter pending before a local government entity including the local school board; and

(2)    employees do not use public property, real or personal, to communicate personal political views or advocate the:

(a)    election or defeat of a candidate for public elective office;

(b)    passage or defeat of a referendum question; or

(c)    passage or defeat of a matter pending before a local government entity including the local school board.

(B)    This section does not prevent:

(1)    a school district from offering equal access to candidates or issuing advocates to present their views in compliance with existing law;

(2)    the discussion or use of political or issue-oriented materials as part of classroom discussions or projects and does not prevent the delivery of informational materials; or

(3)    students from advocating for a candidate in a student body or another student-related election."

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

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