South Carolina General Assembly
123rd Session, 2019-2020

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H. 4199

STATUS INFORMATION

General Bill
Sponsors: Reps. Forrest, Kirby, Ballentine, Calhoon, Caskey, Clemmons, Crawford, Elliott, Huggins, Johnson, Pope, Simrill, Taylor, Toole, Weeks, Dillard, Rose, B. Cox, Garvin, Robinson, Yow, McGinnis, Fry, Anderson, Mack, McKnight, Collins, King, R. Williams, Moore, S. Williams, Jefferson, Norrell, Funderburk, Whitmire, Bennett, Brown, Bryant, Felder, Hayes, Hixon, Hyde, McCoy, Ridgeway, Sandifer, Spires, Stringer, West, Wheeler and Young
Document Path: l:\council\bills\rt\17588sa19.docx

Introduced in the House on March 7, 2019
Currently residing in the House Committee on Judiciary

Summary: Commercial circulars and handbills

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
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    3/7/2019  House   Introduced and read first time (House Journal-page 72)
    3/7/2019  House   Referred to Committee on Judiciary 
                        (House Journal-page 72)

View the latest legislative information at the website

VERSIONS OF THIS BILL

3/7/2019

(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 37-1-110 SO AS TO PROVIDE THAT AN INDIVIDUAL MAY OPT OUT OF RECEIVING COMMERCIAL CIRCULARS OR HANDBILLS THAT ARE DISTRIBUTED ON HIS PRIVATE PROPERTY AND TO PROVIDE THAT AN ENTITY THAT DISTRIBUTES COMMERCIAL CIRCULARS OR HANDBILLS TO AN INDIVIDUAL WHO HAS NOTIFIED THE ENTITY OF HIS DESIRE TO OPT OUT IS IN VIOLATION OF CERTAIN LITTERING PROVISIONS.

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

SECTION    1.    Part 1, Chapter 1, Title 37 of the 1976 Code is amended by adding:

"Section 37-1-110.    (A)    For purposes of this section:

(1)    'Commercial circular' means an advertisement, notice, or statement printed or written for general distribution in connection with a commercial activity or event including, but not limited to, newspapers, papers, periodicals, books, magazines, circulars, cards, or pamphlets.

(2)    'Handbill' means an advertisement, notice, or statement printed or written for general distribution in connection with a noncommercial activity or event including, but not limited to, newspapers, papers, periodicals, books, magazines, circulars, cards, or pamphlets.

(B)    An individual may opt out of receiving any commercial circular or handbill that is distributed on his private property within the State including, but not limited to, a building, home, mailbox, porch, step, yard, or driveway. An individual may opt out by phone, mail, or email notification to the entity distributing the unwanted commercial circulars or handbills.

(C)    An entity that distributes commercial circulars or handbills to an individual who has notified the entity of his desire to opt out is in violation of Section 16-11-700, relating to littering for each offense committed.

(D)    This section does not prohibit the distributing, handing, or transmitting of any commercial circular or handbill to the owner or occupant of any private property who is willing to accept the commercial circular or handbill."

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

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This web page was last updated on March 11, 2019 at 12:57 PM