S 390 Session 112 (1997-1998)
S 0390 General Bill, By Ford
A BILL TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
CHAPTER 10, SO AS TO ENACT THE "SOUTH CAROLINA HERITAGE ACT OF 1997" TO
PROVIDE FOR PERMANENT PLACEMENT OF THE CONFEDERATE BATTLE FLAG AND OTHER
APPROPRIATE FLAGS; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF THE STATE
FLAG, SO AS TO PROVIDE FOR THE DISPLAY OF OTHER FLAGS; 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 ALL REFERENCES TO OPTIONAL HOLIDAYS.
02/19/97 Senate Introduced and read first time SJ-11
02/19/97 Senate Referred to Committee on Judiciary SJ-11
A BILL
TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING CHAPTER 10, SO AS TO ENACT THE
"SOUTH CAROLINA HERITAGE ACT OF 1997" TO
PROVIDE FOR PERMANENT PLACEMENT OF THE
CONFEDERATE BATTLE FLAG AND OTHER APPROPRIATE
FLAGS; TO AMEND SECTION 10-1-160, RELATING TO
DISPLAY OF THE STATE FLAG, SO AS TO PROVIDE FOR THE
DISPLAY OF OTHER FLAGS; 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 ALL
REFERENCES TO OPTIONAL HOLIDAYS.
SECTION 1. Title 1 of the 1976 Code is amended by adding:
"CHAPTER 10
South Carolina Heritage Act of 1997
Section 1-10-10. This article may be cited as the `South Carolina
Heritage Act of 1997.'
Section 1-10-20. The Confederate Battle Flag is a symbol of
American History, heritage, and honor. Over 70,000 South
Carolinians served under this banner during the War Between the
States from 1861 to 1865. These soldiers, sailors, and marines of the
Confederacy fought for the American principle of self-government
and in defense of their homes, families, and country. They served
their state under great hardships, and won the admiration of the world
by their courageous fight against an enemy overwhelming in numbers
and resources. Despite their hardships and personal sacrifices, these
men took consolation in the belief that they would not be forgotten
by their state or people.
The Confederate Battle Flag is displayed as provided in this act in
a proper and fitting location at the State House as a tribute to all those
individuals who honorably served the Confederate States' Armed
Forces, and most particularly to the nearly 20,000 South Carolinians
who made the supreme sacrifice for their state and beliefs. Its display
affirms, as no mere words can, that those who answered their
country's call to duty are indeed not forgotten. The Battle Flag also
reminds all of us of our rich history as South Carolinians, and of the
heritage of valor, patriotism, devotion to duty, and the spirit of
self-sacrifice bequeathed to all of us by these Confederate
ancestors--men and women, rich and poor, famous and unknown,
white and black. When we as a people no longer admire and pay
tribute to these traditions, we will no longer remain a free and great
nation.
This act affirms that the Confederate Battle Flag is displayed as a
testimonial to our shared history and heritage as South Carolinians,
Southerners, and Americans. In this display, the Battle Flag is not
only given its proper place as a historic symbol, but becomes a
statement that we today understand its true meaning and refute those
who would misuse this proud emblem for the wrong reasons. Also
in this way, the Confederate Battle Flag becomes a sublime symbol,
not only of the memory of our ancestors and their courage and honor,
but an affirmation of our identity as a people who have a past worth
remembering and the courage to face the future.
Section 1-10-30. 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
December 31, 1997, and continuously thereafter, the only flags that
will fly atop the dome of the State House will be the United States
Flag and the South Carolina State Flag.
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, but may be larger as aesthetically necessary.
The Universal Negro Improvement Association Flag (Black
Liberation Flag) shall be displayed at the African American
Monument on the State House grounds and shall measure
approximately four feet by six feet, but may be larger as aesthetically
necessary.
Neither 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]) nor the First National Flag of the
Confederacy (Stars and Bars), nor the Universal Negro Improvement
Association Flag (Black Liberation Flag) may be removed from their
respective places on the State House grounds without two-thirds vote
of each branch of the General Assembly.
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.
The South Carolina Department of Archives and History shall
catalogue all of the existing monuments, markers, or memorials
located on public property of the State of South Carolina or its
political subdivisions or any and all streets, highways, or parks
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.
Section 1-10-40. 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 1-10-50. 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 10-1-160 of the 1976 Code is amended to
read:
"Section 10-1-160. The United States flag and the
State flag shall be displayed daily, except in rainy weather, from a
staff upon the State House, and shall be displayed above the
rostrum in the chambers of the House of Representatives and the
Senate of this State and in the front ground floor foyer of the State
House. No other flag shall be displayed in these locations
nor atop or within any other building owned by the State or political
subdivision thereof except in museums and parks for historical
exhibits and as may be directed in each chamber of the General
Assembly by the respective body that sits in its chamber. The
State Budget and Control Board shall purchase a suitable
flag flags for display at the State House locations and
cause it them to be displayed, the expense to be
borne out of the funds provided for maintenance."
SECTION 3. The Confederate Flag shall be removed from atop the
State House, from the front ground floor foyer of the State House,
and from the chambers of the Senate and the House of
Representatives.
SECTION 4. 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
second Monday 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.
The holiday schedules of public colleges and universities, including
technical colleges, shall not be in violation of this section so long as
the number of holidays provided for in this section are not
exceeded."
SECTION 5. This act takes effect upon approval by the Governor.
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