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Current Status Bill Number:View additional legislative information at the LPITS web site.1266 Ratification Number:331 Act Number:292 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000321 Primary Sponsor:Ford All Sponsors:Ford Drafted Document Number:l:\council\bills\ggs\22558cm00.doc Date Bill Passed both Bodies:20000518 Date of Last Amendment:20000518 Governor's Action:S Date of Governor's Action:20000523 Subject:Confederate Battle, State and U.S. Flags, placement of; Buildings, State House; Confederacy, Property, General Assembly History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000606 Act No. A292 ------ 20000523 Signed by Governor ------ 20000523 Ratified R331 House 20000518 Ordered enrolled for ratification House 20000518 Conference Committee Report adopted 98 HCC Senate 20000518 Conference Committee Report adopted 88 SCC House 20000518 Conference powers granted, 98 HCC Harrison appointed Reps. to Committee of Cotty Conference J. Smith Senate 20000518 Conference powers granted, 88 SCC J. Verne Appointed Senators to Committee Smith of Conference McConnell Jackson Senate 20000518 Insists upon amendment House 20000518 Non-concurrence in Senate amendment Senate 20000517 House amendments amended, returned to House with amendment ------ 20000515 Scrivener's error corrected House 20000511 Read third time, returned to Senate with amendment House 20000510 Amended, read second time House 20000509 Amended, debate interrupted by adjournment House 20000503 Made Special Order under H.5028 House 20000502 Request for debate by Representative Harrison Perry Campsen D. Smith Inabinett Mack Whipper Altman Harrell Barrett J. Hines R. Smith Davenport H. Brown Pinckney Parks J. Brown J.H. Neal Bales Sandifer Govan M. Hines Chellis Ott House 20000502 Objection by Representative Fleming Cato House 20000502 Request for debate by Representative Cobb-Hunter Knotts Scott Clyburn kennedy Whatley Littlejohn Meacham- Richardson Kirsh Koon House 20000426 Committee report: Favorable with 25 HJ amendment House 20000418 Introduced, read first time, 25 HJ referred to Committee Senate 20000413 Read third time, sent to House with amendments Senate 20000412 Made Special Order Senate 20000412 Amended, read second time Senate 20000406 Made Special Order ------ 20000406 Scrivener's error corrected Senate 20000405 Committee report: Favorable with 11 SJ amendment Senate 20000321 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill Revised on April 5, 2000 - Word format Revised on April 6, 2000 - Word format Revised on April 12, 2000 - Word format Revised on April 26, 2000 - Word format Revised on May 9, 2000 - Word format Revised on May 10, 2000 - Word format Revised on May 15, 2000 - Word format Revised on May 17, 2000 - Word format Revised on May 18, 2000 - Word format
(A292, R331, S1266)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10 SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA, PROVIDE FOR THE REPLACEMENT OF THESE FLAGS AT APPROPRIATE INTERVALS AS MAY BE NECESSARY DUE TO WEAR, AND DEFINE THE TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS, SO AS TO PROVIDE FOR THE PLACEMENT OF ONLY THE UNITED STATES FLAG AND THE STATE FLAG ABOVE THE ROSTRUM IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND IN THE STATE HOUSE, AND DEFINE THE TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THESE PROVISIONS; TO PROVIDE THAT THE CONFEDERATE FLAGS (NAVAL JACK) REMOVED FROM THE ROSTRUM IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND FROM THE DOME OF THE STATE HOUSE MUST BE PLACED AND PERMANENTLY DISPLAYED IN A SUITABLE LOCATION IN THE STATE MUSEUM; PROVIDE THAT ALL PAID IN FULL ORDERS FOR CONFEDERATE FLAGS PLACED WITH THE SERGEANT AT ARMS OF THE HOUSE AS OF MAY 31, 2000, MUST BE FILLED; BY ADDING SECTION 10-11-315 SO AS TO MAKE IT A MISDEMEANOR FOR A PERSON WILFULLY AND MALICIOUSLY TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY OR ATTEMPT TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY ANY MONUMENT, FLAG, FLAG SUPPORT, MEMORIAL, STRUCTURE, OR FENCE LOCATED ON THE CAPITOL GROUNDS, AND PROVIDE A PENALTY FOR VIOLATIONS; AND PROVIDE A SEVERABILITY CLAUSE.
Be it enacted by the General Assembly of the State of South Carolina:
Removal and placement of Confederate Flag
SECTION 1. The 1976 Code is amended by adding:
"Section 1-10-10. (A) As of 12:00 noon on the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.
The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is 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) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole.
The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, 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 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.
From any funds appropriated to the Budget and Control Board, 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.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
(C) The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."
Display of certain flags
SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:
"Section 10-1-160. (A) The United States flag and the State flag shall be flown 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 and in the first floor north foyer of the State House. No other flag shall be displayed in these locations or atop the dome or roof, or within the foyers or common or public areas within the capitol building. The State Budget and Control Board shall purchase suitable flags for display at the State House locations and cause them to be displayed, the expense to be borne out of the funds appropriated to it.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
(C) The term 'chambers' of the House or Senate for purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."
Protection of monuments and memorials
SECTION 3. (A) No Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, Native American, or African-American History monuments or memorials erected on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, or altered. No street, bridge, structure, park, preserve, reserve, or other public area of the State or any of its political subdivisions dedicated in memory of or named for any historic figure or historic event may be renamed or rededicated. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments, memorials, or nameplates.
(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.
Severability clause
SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
Flags above rostrum in chambers to be placed and displayed in State Museum
SECTION 5. The actual Confederate Flags (Naval Jack) removed from above the rostrum in the chambers of the House of Representatives and the Senate must be placed and permanently displayed in a suitable location in the State Museum.
Flag removed from dome of State House to be placed and displayed in State Museum
SECTION 6. The actual Confederate Flag (Naval Jack) which is flying on the effective date of this act and which is removed from the dome of the State House must be placed and permanently displayed in a suitable location in the State Museum.
House Sergeant at Arms to fill orders
SECTION 7. All orders for Confederate flags placed with the Sergeant at Arms of the House of Representatives and paid for in full as of May 31, 2000, must be filled.
Crime for defacing, etc., monuments on capitol grounds
SECTION 8. The 1976 Code is amended by adding:
"Section 10-11-315. It is unlawful for a person to wilfully and maliciously deface, vandalize, damage, or destroy or attempt to deface, vandalize, damage, or destroy any monument, flag, flag support, memorial, fence, or structure located on the capitol grounds and a person convicted of a violation of this section shall be punished pursuant to the provisions of Section 10-11-360."
Time Effective
SECTION 9. This act takes effect July 1, 2000.
Ratified the 23rd day of May, 2000.
Approved the 23rd day of May, 2000.
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