S 32 Session 111 (1995-1996)
S 0032 General Bill, By Ford and Glover
A Bill to amend Chapter 1, Title 10, Code of Laws of South Carolina, 1976, by
adding Article 3, so as to enact the "South Carolina Heritage Act of 1995" to
provide for the permanent placement of the Confederate Battle Flag and to
create a commission to establish and erect a civil rights monument on the
grounds of the Capitol complex; and to amend Section 53-5-10, relating to
legal holidays, so as to provide that Martin Luther King's birthday and
Confederate Memorial Day shall be regular, rather than optional, holidays and
to delete references to Robert E. Lee's birthday and Jefferson Davis' birthday
as optional holidays.
09/19/94 Senate Prefiled
09/19/94 Senate Referred to Committee on Judiciary
01/10/95 Senate Introduced and read first time SJ-19
01/10/95 Senate Referred to Committee on Judiciary SJ-19
A BILL
TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3, SO AS
TO ENACT THE "SOUTH CAROLINA HERITAGE ACT
OF 1995" TO PROVIDE FOR THE PERMANENT
PLACEMENT OF THE CONFEDERATE BATTLE FLAG AND
TO CREATE A COMMISSION TO ESTABLISH AND ERECT A
CIVIL RIGHTS MONUMENT ON THE GROUNDS OF THE
CAPITOL COMPLEX; AND TO AMEND SECTION 53-5-10,
RELATING TO LEGAL HOLIDAYS, SO AS TO PROVIDE
THAT MARTIN LUTHER KING'S BIRTHDAY AND
CONFEDERATE MEMORIAL DAY SHALL BE REGULAR,
RATHER THAN OPTIONAL, HOLIDAYS AND TO DELETE
REFERENCES TO ROBERT E. LEE'S BIRTHDAY AND
JEFFERSON DAVIS' BIRTHDAY AS OPTIONAL HOLIDAYS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 1, Title 10 of the 1976 Code is amended
by adding:
"Article 3
South Carolina Heritage Act of 1995
Section 10-1-200. This article may be cited as the `South
Carolina Heritage Act of 1995'.
Section 10-1-210. To honor and recognize the history and
heritage of this State and the many contributions of its diverse
citizenry, it is necessary and appropriate to codify the placement of
certain symbols on the Capitol Complex and within the State House
which salute the contributions and sacrifices to our constitutional
history. Effective May 2, 1995, and continuously thereafter, the
Confederate Flag atop the State House must be relocated as
provided in this section.
The South Carolina Infantry Battle Flag of the Confederate States
of America [the Battle Flag of the Army of Northern Virginia
(General Robert E. Lee's Army)] shall be displayed at the
Confederate Soldier's Monument on the State House grounds. This
flag is square with a St. Andrews Cross of blue, edged with white,
with thirteen equal five-pointed stars, upon a red field; with the
whole banner bordered in white. The total outside measurement of
the flag is to be fifty-two inches square, inclusive of the white
border. The blue arms of the cross are 7.5 inches wide and the
white border around the flag proper is 1.5 inches wide. The stars
are five-pointed, inscribed within a circle six inches in diameter,
and are uniform in size. This flag may be larger than described
above as may be aesthetically necessary.
The First National Flag of the Confederacy (Stars and Bars) shall
be displayed at the Women's Monument to the Confederacy on the
State House grounds and shall measure approximately four feet by
six feet.
The Division of General Services of the Budget and Control
Board, or its successor in interest, shall ensure that the flags
authorized above shall be placed at all times as directed in this
section and shall replace the flags at appropriate intervals as may be
necessary due to wear. The respective flags may only be removed
during times of renovation and/or repair of the State House and the
flags shall be returned upon completion of any such work.
Section 10-1-220. A Civil Rights Monument Commission is
hereby created to design and establish an appropriate monument to
be placed on the grounds of the Capitol Complex to honor and
recognize the efforts made to afford and guarantee equal rights and
opportunities for all South Carolinians irrespective of race or ethnic
origin. The commission is empowered and directed to raise private
funds, to receive gifts and grants to carry out the purpose for which
it is created, and to designate the location of the monument. The
commission shall promptly designate the location of the monument
by the placement of the red, black, and green flag of Marcus
Garvey, herein entitled `The Black Liberation Flag'. By January 1,
1996, the commission shall report the proposed design of the
monument to the General Assembly for approval. Upon the
dedication of this monument, the commission shall dissolve. Upon
dissolution, the State shall ensure proper maintenance of the
monument as is done for other historical monuments on the grounds
of the Capitol Complex.
Three members must be appointed by the President Pro Tempore
of the Senate and three members must be appointed by the Speaker
of the House of Representatives. Notwithstanding Section
8-13-770, members of the General Assembly may be appointed to
this commission. The President Pro Tempore and the Speaker of
the House of Representatives shall appoint a seventh member as
chairman who shall vote only in cases of a tie.
Members of the commission may receive per diem and
subsistence from the respective approved accounts of each body
while attending meetings of the commission. All other expenses
relating to the establishment and placement of the monument shall
be paid for from funds derived as provided in the first paragraph of
this section.
Section 10-1-230. No monument, marker, or memorial located
on public property of the State or its political subdivisions or any
street, highway, or park honoring the memory of the Confederacy
or individuals who served in the Confederate Army, Navy, and
Marine Corps or the Women of the Confederacy or the memory of
the civil rights struggle or individuals who participated in such
struggle may be removed or renamed without two-thirds vote of
each branch of the General Assembly.
Section 10-1-240. As provided by the rules of the respective
bodies, a statement shall be placed in the Journals of the House of
Representatives and the Senate explaining the heritage represented
by the Battle Flags of the Confederacy as military banners and that
they are displayed as such and are not racist emblems per se."
SECTION 2. Section 53-5-10 of the 1976 Code is amended to
read:
"Section 53-5-10. The first day of January, the fifteenth
day of third Monday in January, the nineteenth day
of January, the third Monday in February, the tenth day of
May, the last Monday of May, the third day of June, the
Fourth day of July, the first Monday in September, the eleventh day
of November, National Thanksgiving Day and the day after, and the
twenty-fifth and twenty-sixth days of December in each year are
legal holidays.
State employees may select, prior to the first day of January,
in writing on a form provided by their employer, one of the
following nonnational holidays: Martin Luther King's birthday,
January 15; Robert E. Lee's birthday, January 19; Confederate
Memorial Day, May 10; or Jefferson Davis' birthday, June 3, or, in
the alternative, select a day of their choice.
All general election days are legal holidays in addition to the
above."
SECTION 3. Sections 10-1-10 through 10-1-175 are designated
as Article 1, entitled "General Provisions".
SECTION 4. This act takes effect upon approval by the
Governor.
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