Indicates Matter Stricken
Indicates New Matter
The House assembled at 10:00 a.m.
Deliberations were opened with prayer by the Chaplain of the House of Representatives, the Rev. Dr. Alton C. Clark, as follows:
Almighty God, our Heavenly Father, Who clothes the world with beauty and Whose laws keep the planets in their course, may the thoughts of our minds be channels of Your way, and the dreams of our hearts fulfill Your purposes. Give us the courage to be pioneers of true brotherhood. Consecrate with Your wisdom the way our feet should go, the way our minds should think, that our work may be well done and our lives crowned with Divine approval. To You, Lord God, we give our praise and thanksgiving. Amen.
Pursuant to Rule 6.3, the House of Representatives was led in the Pledge of Allegiance to the Flag of the United States of America by the SPEAKER.
After corrections to the Journal of the proceedings of yesterday, the SPEAKER ordered it confirmed.
Rep. KNOTTS moved that when the House adjourns, it adjourn in memory of all the Confederate soldiers who lost their lives in the Civil War, which was agreed to.
The following was received:
Columbia, S.C., May 10, 2000
Mr. Speaker and Members of the House:
The Senate respectfully informs your Honorable Body that it has appointed Senators MATTHEWS, SHORT and MESCHER of the Committee of Conference on the part of the Senate on H. 4336:
H. 4336 (Word version) -- Reps. Harrell, Wilkins, Allison, Altman, Barfield, Barrett, Beck, H. Brown, Campsen, Cato, Chellis, Cooper, Dantzler, Easterday, Edge, Gamble, Gilham, Hamilton, Harrison, Haskins, Hinson, Kelley,
Very respectfully,
President
Received as information.
The following was introduced:
H. 5052 (Word version) -- Reps. Tripp, Cato, Easterday, Hamilton, Haskins, Leach, Loftis, McMahand, Rice, F. Smith, Vaughn and Wilkins: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE REEDY FORK BRIDGE THAT CROSSES THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "JOHN H. CHAPMAN BRIDGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF UNITED STATES HIGHWAY 25 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "J. WALTER MOON INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF SOUTH CAROLINA STATE HIGHWAY 20 AND THE BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES H. RICE INTERCHANGE"; TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE INTERSECTION OF FORK SHOAL ROAD AND THE
The following was introduced:
H. 5053 (Word version) -- Reps. Harvin, Breeland, Clyburn, Cobb-Hunter, Gourdine, Govan, J. Hines, M. Hines, Hosey, Jennings, Kennedy, Lee, M. McLeod, McMahand, Moody-Lawrence, J. H. Neal, F. Smith and Whipper: A CONCURRENT RESOLUTION COMMEMORATING THE FIFTIETH ANNIVERSARY OF THE FILING OF BRIGGS V. ELLIOTT, ONE OF THE ORIGINAL LAWSUITS THAT, ALONG WITH THREE OTHER SIMILAR CASES NATIONALLY, LED TO THE LANDMARK DECISION BY THE UNITED STATES SUPREME COURT IN 1954 THAT "SEPARATE BUT EQUAL" IS UNCONSTITUTIONAL IN PUBLIC EDUCATION IN AMERICA.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5054 (Word version) -- Reps. Parks, Allen, Allison, Altman, Askins, Bailey, Bales, Barfield, Barrett, Battle, Bowers, Breeland, G. Brown, H. Brown, J. Brown, T. Brown, Campsen, Canty, Carnell, Cato, Chellis, Clyburn, Cobb-Hunter, Cooper, Cotty, Dantzler, Davenport, Delleney, Easterday, Edge, Emory, Fleming, Frye, Gamble, Gilham, Gourdine, Govan, Hamilton, Harrell, Harris, Harrison, Harvin, Haskins, Hawkins, Hayes, J. Hines, M. Hines, Hinson, Hosey, Howard, Huggins, Inabinett, Jennings, Keegan, Kelley, Kennedy, Kirsh, Klauber, Knotts, Koon, Lanford, Law, Leach, Lee, Limehouse, Littlejohn, Lloyd, Loftis, Lourie, Lucas, Mack, Maddox, Martin, McCraw, McGee, McKay, M. McLeod, W. McLeod, McMahand, Meacham-Richardson, Miller, Moody-Lawrence, J. H. Neal, J. M. Neal, Neilson, Ott, Perry, Phillips, Pinckney, Quinn, Rhoad, Rice, Riser, Robinson, Rodgers, Rutherford, Sandifer, Scott, Seithel, Sharpe, Sheheen, Simrill, F. Smith, J. Smith, R. Smith, D. Smith, Stille, Stuart,
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The following was introduced:
H. 5055 (Word version) -- Reps. Wilder, Carnell and Taylor: A CONCURRENT RESOLUTION TO CONGRATULATE THE CLINTON HIGH SCHOOL RED DEVILS MEN'S TENNIS TEAM AND HEAD COACH, CLOVIS SIMMONS, ON CAPTURING THE 2000 CLASS AAA STATE TENNIS CHAMPIONSHIP.
The Concurrent Resolution was agreed to and ordered sent to the Senate.
The Senate sent to the House the following:
S. 1376 (Word version) -- Senator Elliott: A CONCURRENT RESOLUTION RECOGNIZING THE FIFTIETH ANNIVERSARY OF LORIS COMMUNITY HOSPITAL OF HORRY COUNTY, COMMENDING THE HOSPITAL FOR ITS OUTSTANDING, DEDICATED SERVICE TO THE COMMUNITY FOR FIVE DECADES, AND RECOGNIZING AND SALUTING THE CONTRIBUTIONS OF THE SEVEN ORIGINAL PRINCIPALS RESPONSIBLE FOR THE ORIGINATION OF THE HOSPITAL.
The Concurrent Resolution was agreed to and ordered returned to the Senate with concurrence.
The following Bills and Joint Resolution were introduced, read the first time, and referred to appropriate committees:
H. 5056 (Word version) -- Rep. Fleming: A JOINT RESOLUTION TO PROVIDE THAT THE SCHOOL DAY OF THURSDAY, MAY 4, 2000, MISSED BY THE STUDENTS OF BUFFALO ELEMENTARY SCHOOL IN THE UNION COUNTY SCHOOL DISTRICT FOR SCHOOL YEAR 1999-2000 WHEN THE SCHOOL WAS CLOSED DUE TO A BOMB THREAT IS EXEMPTED FROM THE MAKE-UP REQUIREMENT OF THE DEFINED MINIMUM PLAN THAT FULL SCHOOL DAYS MISSED DUE TO EXTREME WEATHER OR OTHER CIRCUMSTANCES BE MADE UP.
On motion of Rep. FLEMING, with unanimous consent, the Joint Resolution was ordered placed on the Calendar without reference.
H. 5057 (Word version) -- Reps. Stille, Allen, Martin and Townsend: A BILL TO AMEND SECTION 6-25-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR JOINT MUNICIPAL WATER SYSTEMS, SO AS TO INCLUDE NOT-FOR-PROFIT CORPORATIONS CREATED PURSUANT TO CHAPTER 35 OF TITLE 33, WITHIN THE DEFINITION OF "MEMBER OF A JOINT SYSTEM" AS NONVOTING MEMBERS FOR ALL PURPOSES.
Referred to Committee on Medical, Military, Public and Municipal Affairs
H. 5058 (Word version) -- Reps. Young-Brickell, Chellis, Bailey, Harrell and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 4-3-234 SO AS TO ALTER THE LINES OF CHARLESTON AND DORCHESTER COUNTIES BY ANNEXING A CERTAIN PORTION OF CHARLESTON COUNTY TO DORCHESTER COUNTY AND MAKE PROVISIONS FOR LEGAL RECORDS.
Rep. YOUNG-BRICKELL moved to waive Rule 5.12, which was agreed to by a division vote of 5 to 0.
On motion of Rep. YOUNG-BRICKELL, with unanimous consent, the Bill was ordered placed on the Calendar without reference.
The roll call of the House of Representatives was taken resulting as follows:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Canty Carnell Cato Chellis Clyburn Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Emory Fleming Frye Gamble Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Knotts Law Leach Lee Limehouse Littlejohn Lloyd Loftis Lourie Lucas Mack Maddox Martin McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Quinn Rice
Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whipper Wilder Wilkes Wilkins Woodrum Young-Brickell
I came in after the roll call and was present for the Session on Wednesday, May 10.
Michael Whatley Becky Meacham-Richardson Steve Lanford James Battle Thomas Rhoad William Witherspoon Terry Haskins Joseph Neal Larry Koon
Rep. LANFORD signed a statement with the Clerk that he came in after the roll call of the House and was present for the Session on Tuesday, May 9.
The SPEAKER granted Rep. T. BROWN a leave of absence for the day due to a death in the family.
The SPEAKER granted Rep. RHOAD a temporary leave of absence.
Reps. HOSEY and RHOAD presented to the House the Blackville-Hilda "Lady Hawks" Girls Basketball Team, the 2000 Class A Champions, their coaches, staff and other school officials.
Reps. HOSEY and RHOAD presented to the House the Jefferson Davis Academy "Lady Raiders" Girls Basketball Team, the 2000 South Carolina Independent School Association Region I-A and Conference Champions, their coaches, staff and other school officials.
Rep. SIMRILL presented to the House Pat Ramsey of Rock Hill, the current Miss Senior South Carolina.
Reps. LIMEHOUSE and F. SMITH presented to the House Rep. MCMAHAND as a recipient of the ORDER OF THE PALMETTO. Rep. and Mrs. MCMAHAND were honored for their many services to the State of South Carolina.
Debate was resumed on the following Bill, the pending question being the consideration of amendments:
S. 1266 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT THE CONFEDERATE BATTLE 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 AND PLACED IN AN UNBREAKABLE GLASS DISPLAY CASE IN FRONT OF THE CONFEDERATE SOLDIER'S MONUMENT ON THE STATE HOUSE GROUNDS, TO PROVIDE THAT 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 TO PROVIDE THAT THE UNIVERSAL NEGRO IMPROVEMENT ASSOCIATION FLAG (BLACK LIBERATION FLAG) SHALL BE DISPLAYED AT THE AFRICAN AMERICAN MONUMENT ON THE STATE HOUSE GROUNDS; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE, BE DISPLAYED IN THE FRONT GROUND-
Reps. CARNELL, WILDER, KLAUBER and TAYLOR proposed the following Amendment No. 78 (Doc Name PT\AMEND\ 2102DW00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. If the provisions of this act remove the Confederate Flags (Naval Jack) from above the rostrum in the chambers of the House of Representatives and the Senate, they must be placed and permanently displayed in a suitable location in the State Museum. /
Renumber sections to conform.
Amend title to conform.
Rep. CARNELL explained the amendment.
The amendment was then adopted.
Reps. ROBINSON and WILKINS proposed the following Amendment No. 79 (Doc Name NBD\AMEND\12099DW00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. All orders for Confederate flags placed with the Sergeant at Arms and paid for in full as of May 31, 2000, must be filled. /
Renumber sections to conform.
Amend totals and title to conform.
The amendment was then adopted.
Reps. CARNELL, WILDER, KLAUBER and TAYLOR proposed the following Amendment No. 81 (Doc Name BBM\9619HTC00), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. If the provisions of this act remove the Confederate Flag (Naval Jack) from the dome of the State House, the flag that is flying on the effective date of this act that is the flag
Rep. TAYLOR explained the amendment.
The amendment was then adopted.
Rep. FLEMING proposed the following Amendment No. 9 (Doc Name COUNCIL\PT\AMEND\2079DW00), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. The provisions of this act may not be implemented until an act has been ratified by the General Assembly and signed by the Governor which prohibits affirmative action. /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. FLEMING demanded the yeas and nays which were not ordered.
The amendment was then tabled by a division vote of 47 to 9.
Rep. FLEMING proposed the following Amendment No. 10 (Doc Name COUNCIL\PT\AMEND\2080DW00), which was tabled:
Amend the bill, as and if amended, by striking SECTION 5 and inserting:
/ SECTION 5. This act takes effect on July 1, 2000, but may not be implemented until the Governor receives a letter from the President of the National Association for the Advancement of Colored People (NAACP) certifying that the National Board of the NAACP has rescinded the economic sanctions imposed against the State of South Carolina because the Confederate Battle Flag was flown atop the dome of the State House. The Governor must forward the letter, within five days of its receipt, to the Executive Director of the State Budget and Control Board. /
Rep. FLEMING explained the amendment.
Rep. LIMEHOUSE spoke against the amendment.
Rep. HOWARD spoke against the amendment.
Rep. KNOTTS moved to table the amendment.
Rep. FLEMING demanded the yeas and nays which were not ordered.
The amendment was then tabled by a division vote of 73 to 13.
Rep. FLEMING proposed the following Amendment No. 11 (Doc Name COUNCIL\PT\AMEND\2081DW00), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. (A) If economic sanctions imposed against the State of South Carolina by the National Board of the National Association for the Advancement of Colored People have not been rescinded within thirty days after the effective date of this act, the Confederate Naval Jack Flag must be flown over the dome of the State House until such time as a nonbinding referendum is conducted pursuant to the provisions of subsections (B), (C), and (D) of this section.
(B) A statewide advisory referendum must be held at the same time as the 2000 general election to ascertain the wishes of the qualified electors of this State as to whether or not the Confederate Flag shall continue to fly above the State House. The State Election Commission must place the questions contained in this section on the general election ballot in November, 2000. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State and each house of the General Assembly.
(C) The question put before the voters at the 2000 referendum shall read as follows:
"Shall the Confederate Flag continue to fly on the State House Dome above the State House in Columbia?
(D) The cost of the referendum must be paid from funds appropriated to the State Election Commission and the results of the referendum are advisory only. /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. SHEHEEN moved to table the amendment, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 15 (Doc Name COUNCIL\PT\AMEND\2092DW00), which was tabled:
Amend the bill, as and if amended, page 2, line 6, after /./ by inserting / An appropriately decorative iron fence must be erected around the flagpole to keep secure the displayed and honored flag. The iron fence must be locked with only State House Security and the Sergeant at Arms of the House and Senate having keys./
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 16 (Doc Name COUNCIL\PT\AMEND\2089DW00), which was tabled:
Amend the bill, as and if amended, page 2, line 6, after /./ by inserting / The flagpole, on which the flag is flown, must be gray in color to honor the soldiers who lost their lives defending the Confederacy. /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. HARRISON moved to table the amendment.
The amendment was then tabled by a division vote of 61 to 17.
Rep. FLEMING proposed the following Amendment No. 17 (Doc Name COUNCIL\PT\AMEND\2091DW00), which was tabled:
Amend the bill, as and if amended, beginning on page 1, by deleting Section 1-10-10 as contained in SECTION 1, and inserting:
/ "Section 1-10-10. (A) On the effective date of this act, and permanently thereafter, the only flags authorized to be flown 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 in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. The flag authorized to be flown on the grounds of the Capitol Complex is the Confederate Flag (Naval Jack). No flags may be flown atop the dome of the State House. This flag must be located with the South Carolina State Flag on a flagpole, with the Confederate Flag (Naval Jack) on top, at a point on the south side of the Confederate Soldier Monument, centered on the monument, and not more than fifteen feet from the base of the monument but as near as aesthetically possible and as tall as aesthetically required but not to exceed a total height of twenty feet. The final placement and height of the flag must be approved by a committee composed of three members of the Senate appointed by the President Pro Tempore and three members of the House of Representatives appointed by the Speaker of the House.
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 subsection (A) 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." /
Amend further, by deleting Section 10-1-160(A) as contained in SECTION 2 and inserting:
/ (A) The United States Flag and the State Flag shall be displayed daily, except in rainy weather, from a staff upon the State
Rep. FLEMING explained the amendment.
Rep. KNOTTS spoke in favor of the amendment.
Rep. ALTMAN spoke against the amendment.
Rep. ALTMAN moved to table the amendment.
Rep. KNOTTS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Allison Altman Askins Bailey Bales Barfield Barrett Battle Bowers Breeland Brown, G. Brown, H. Brown, J. Campsen Carnell Cato Clyburn Cotty Dantzler Davenport Delleney Easterday Edge Emory Frye Gamble Gilham Govan Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hines, J. Hines, M. Hinson Hosey Huggins Inabinett Jennings Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Lloyd Loftis
Lourie Lucas Maddox McCraw McGee McKay McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neilson Ott Parks Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Seithel Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Whipper Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
So, the amendment was tabled.
Rep. FLEMING proposed the following Amendment No. 25 (Doc Name COUNCIL\GGS\AMEND\22640CM00), which was tabled:
Amend the bill, as and if amended, Section 1-10-10(B), as contained in SECTION 1, page 2, by deleting / two-thirds / on line 28, and inserting / unanimous /
Amend the bill further, Section 10-1-160(B), as contained in SECTION 2, page 3, by deleting / two-thirds / on line 5, and inserting / unanimous /
Amend the bill further, SECTION 3, page 3, by deleting / two-thirds /on line 24, and inserting / unanimous /
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. FLEMING proposed the following Amendment No. 28 (Doc Name COUNCIL\GGS\AMEND\22643CM00), which was tabled:
Amend the bill, as and if amended, Section 1-10-10(A), as contained in SECTION 1, page 1, by inserting after the / . / on line 39:
/ In addition to the United States Flag and the South Carolina Flag, the Confederate Flag (Naval Jack) must be flown atop the dome of the State House at all times when either the Senate or House of Representatives or both are in session./
Amend totals and title to conform.
Rep. FLEMING explained the amendment.
Rep. EASTERDAY moved to table the amendment, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 30 (Doc Name COUNCIL\GGS\AMEND\22645CM00), which was tabled:
Amend the bill, as and if amended, by striking Section 1-10-10(A), as contained in SECTION 1, and inserting:
/ "Section 1-10-10. (A) 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. The flag authorized to be flown on the grounds of the Capitol Complex is the Confederate Flag (Naval Jack). This flag must be located at a point on the south side of the Confederate Soldier Monument, centered on the monument, and not more than fifteen feet from the base of the monument but as near as aesthetically possible and as tall as aesthetically required but not to exceed a total height of twenty feet. The final placement and height of the flag must be approved by a committee composed of three members of the Senate appointed by the
Rep. FLEMING explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. FLEMING proposed the following Amendment No. 34 (Doc Name COUNCIL\GGS\AMEND\22649CM00), which was tabled:
Amend the bill, as and if amended, Section 1-10-10(A), as contained in SECTION 1, by inserting after the / . / on line 39, page 1:
/ However, on December 20th of each year, the Confederate Flag (Naval Jack) must be flown atop the dome of the State House with the United States Flag and the South Carolina State Flag to commemorate the day South Carolina seceded from the United States. /
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 56 (Doc Name COUNCIL\DKA\AMEND\3914MM00), which was tabled:
Amend the bill, as and if amended, page 3, line 39, by striking SECTION 5 in its entirety and inserting:
/ SECTION 5. This act takes effect July 1, 2000, except that its effectiveness must be delayed thereafter unless and until all orders for Confederate flags placed with the Sergeant at Arms and paid for in full as of June 1, 2000, are filled. /
Amend totals and title to conform.
Rep. ROBINSON moved to table the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 60 (Doc Name COUNCIL\PT\AMEND\2104DW00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
(B) The three options to be put before the voters at the 2000 referendum shall read as follows:
"check only one of the following three options:
____ 1. I favor continuing to fly the Confederate Flag above the State House in Columbia and continuing to display the Confederate Flag above the rostrum in the chambers of the House of Representatives and the Senate.
____ 2. I favor completely removing the Confederate Flag from the State House and State House grounds in Columbia.
____ 3. I favor removing the Confederate Flag from above the State House in Columbia and displaying the Confederate Flag only at the Confederate Soldiers Monument on the State House grounds in Columbia."
Those in favor of option 1 shall deposit a ballot with a check or cross mark on the line before 1. Those in favor of option 2 shall deposit a ballot with a check or cross mark on the line before 2. Those in favor of option 3 shall deposit a ballot with a check or cross mark on the line before 3.
(C) The cost of the referendum shall be paid from funds appropriated to the State Election Commission and the results of the referendum shall be advisory only.
SECTION 2. This bill takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Rep. COTTY moved to table the amendment.
Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bales Battle Breeland Brown, G. Campsen Canty Carnell Chellis Clyburn Cobb-Hunter Cotty Easterday Edge Emory Gilham Gourdine Govan Hamilton Harrell Harris Harrison Harvin Hawkins Hines, J. Hines, M. Hosey Inabinett Jennings Keegan Kelley Kennedy Kirsh Klauber Lee Limehouse Littlejohn Lourie Lucas Maddox McGee McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Pinckney Rodgers Rutherford Seithel Sharpe Sheheen Simrill Smith, D. Smith, F. Smith, J. Smith, R. Stille Tripp Webb Wilder Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Allison Altman Barrett Brown, H. Cato Cooper Dantzler Davenport Delleney
Fleming Frye Gamble Haskins Hinson Huggins Knotts Koon Lanford Law Leach Loftis Martin McCraw Meacham-Richardson Quinn Rice Riser Robinson Sandifer Taylor Townsend Trotter Vaughn Walker Whatley Whipper Young-Brickell
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 66 (Doc Name COUNCIL\SKB\AMEND\18438SOM00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
Section 1-10-10. (A) 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. The flag authorized to be flown on the grounds of the Capitol Complex is the Stars and Bars. This flag must be located at a point on the south side of the Confederate Soldier Monument, centered on the monument, and not more than ten feet from the base of the monument but as near as aesthetically possible and as tall as aesthetically required but not to exceed a total height of twenty-five feet. The final placement and height of the flag must be approved by a committee composed of three members of the Senate appointed by the President Pro Tempore and three members of the House of Representatives appointed by the Speaker of the House.
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
(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."
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 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 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."
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 monument or memorial 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.
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
Rep. GOVAN moved to adjourn debate on the amendment, which was agreed to.
Rep. J. SMITH proposed the following Amendment No. 73 (Doc Name COUNCIL\NBD\AMEND\12089AC00), which was tabled:
Amend the bill, as and if amended, Section 1-10-10(A), page 2, line 25 after the /./ by inserting /However, when the South Carolina Infantry Battle Flag of the Confederate States of America is replaced due to wear, or for any reason, the flag may not be sold or used for any commercial purpose./
Renumber sections to conform.
Amend totals and title to conform.
Rep. J. SMITH explained the amendment.
Rep. KNOTTS raised the Point of Order that Amendment No. 73 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. J. SMITH spoke in favor of the amendment.
Rep. SIMRILL spoke against the amendment.
Rep. MARTIN moved to table the amendment.
Rep. J. SMITH demanded the yeas and nays which were taken, resulting as follows:
Allison Altman Askins Bales Barfield Barrett Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Emory Fleming Frye Gamble Gilham Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Huggins Keegan Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McKay McLeod, W. Meacham-Richardson Miller Neilson Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, D. Smith, F. Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley Wilder Wilkes Wilkins Woodrum Young-Brickell
Those who voted in the negative are:
Breeland Gourdine Govan Hines, M. Hosey Inabinett Jennings Lee Lloyd Lourie Maddox Parks Pinckney Rutherford Smith, J.
So, the amendment was tabled.
Rep. J. SMITH explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Rep. MEACHAM-RICHARDSON proposed the following Amendment No. 75 (Doc Name NBD\AMEND\12097AC00):
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. (A) A statewide advisory referendum must be held at the same time as the 2000 general election to ascertain the wishes of the qualified electors of this State as to whether or not the Confederate Battle Flag should continue to be flown above the State House? The State Election Commission must place the question contained in this section on the general election ballot in November, 2000. The state election laws shall apply to the referendum, mutatis mutandis. The State Board of Canvassers shall publish the results of the referendum and certify them to the Secretary of State and each house of the General Assembly.
(B) The question put before the voters at the 2000 referendum shall read as follows:
"Do you favor continuing to fly the Confederate Battle Flag above the State House in Columbia?
(C) The cost of the referendum shall be paid from funds appropriated to the State Election Commission and the results of the referendum shall be advisory only.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM-RICHARDSON moved to adjourn debate on the amendment, which was agreed to.
Rep. ROBINSON proposed the following Amendment No. 80 (Doc Name COUNCIL\PT\AMEND\2105DW00), which was tabled:
Amend the bill, as and if amended, by striking the 2nd paragraph of subsection (A) of Section 1-10-10 as contained in SECTION 1 and inserting:
/ 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 effective date of this act. The flag authorized to be flown 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-eight feet. An appropriate decorative iron fence must be erected around the flagpole to keep secure the displayed and honored flag. The flagpole on which the flag is flown and the area at the base of the flag must be illuminated at night. /
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. COTTY moved to table the amendment.
Those who voted in the affirmative are:
Allen Altman Askins Bailey Bales Battle Breeland Brown, G. Brown, J. Campsen Carnell Clyburn Cobb-Hunter Cotty Easterday Emory Gilham Gourdine Hamilton Harrell Harrison Harvin Haskins Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Kelley Kennedy Klauber Koon Lloyd Lourie Lucas Mack Maddox McCraw McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Phillips Pinckney Riser Rodgers Rutherford Scott Seithel Sheheen Smith, F. Smith, J. Stille Tripp Webb Wilder Wilkes Wilkins Woodrum
Those who voted in the negative are:
Allison Barrett Brown, H. Cato Chellis Cooper Dantzler Davenport Delleney Fleming Frye Gamble Hinson Huggins Keegan Kirsh Knotts Lanford Law Leach Limehouse Littlejohn Loftis Martin McGee McKay Meacham-Richardson Quinn Rhoad Rice
Robinson Sandifer Sharpe Simrill Smith, R. Taylor Townsend Trotter Vaughn Walker Whipper Witherspoon
So, the amendment was tabled.
Rep. CATO proposed the following Amendment No. 82 (Doc Name COUNCIL\PT\AMEND\2066DW00):
Amend the bill, as and if amended, SECTION 2, page 2, line 38, by deleting /No/ and inserting:
/ Except on Confederate Memorial Day as provided in Section 10-1-161, no /
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 10-1-161. The South Carolina Infantry Battle Flag of the Confederate States of America must be flown annually from 12:01 a.m. to 12:00 midnight on May 10 atop the Dome of the State House." /
Renumber sections to conform.
Amend title to conform.
Rep. CATO moved to adjourn debate on the amendment, which was agreed to.
Rep. LOFTIS proposed the following Amendment No. 83 (Doc Name COUNCIL\PT\AMEND\2103DW00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. (A) A statewide advisory referendum must be held on September 12, 2000, to ascertain the wishes of the qualified electors of this State as to: whether or not the Confederate Flag should continue to be flown above the State House and continue to be displayed above the rostrum in the chambers of the House of Representatives and the Senate; whether the Confederate Flag should be completely removed from the State House and State House grounds; and whether the Confederate Flag flown above the State House should be removed and displayed only at the Confederate Soldiers Monument on the State House grounds. The State Election Commission must ascertain the
(B) The three options to be put before the voters at the referendum on September 12, 2000, shall read as follows:
"check only one of the following three options:
____ 1. I favor continuing to fly the Confederate Flag above the State House in Columbia and continuing to display the Confederate Flag above the rostrum in the chambers of the House of Representatives and the Senate.
____ 2. I favor completely removing the Confederate Flag from the State House and State House grounds in Columbia.
____ 3. I favor removing the Confederate Flag from above the State House in Columbia and displaying the Confederate Flag only at the Confederate Soldiers Monument on the State House grounds in Columbia."
Those in favor of option 1 shall deposit a ballot with a check or cross mark on the line before 1. Those in favor of option 2 shall deposit a ballot with a check or cross mark on the line before 2. Those in favor of option 3 shall deposit a ballot with a check or cross mark on the line before 3.
(C) The cost of the referendum shall be paid from funds appropriated to the State Election Commission and the results of the referendum shall be advisory only.
SECTION 2. This bill takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Rep. LOFTIS explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to.
Reps. ALTMAN, H. BROWN and LIMEHOUSE proposed the following Amendment No. 84 (Doc Name PT\AMEND\2107DW00):
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 10-11-315. (A) 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, structure, fence located on the capitol grounds.
(B) Notwithstanding the provisions of Section 10-11-360, any person violating the provisions of this section is guilty of a felony and must be punished as follows:
(1) for a first offense, must be imprisoned for a period not to exceed five years, none of which may be suspended, or fined an amount not to exceed five thousand dollars, or both;
(2) for a second offense, must be imprisoned for a period not to exceed ten years, none of which may be suspended, or fined an amount not to exceed twenty-five thousand dollars, or both;
(3) for a third offense, must be imprisoned for a period not to exceed fifteen years, none of which may be suspended, or fined an amount not to exceed fifty thousand dollars, or both.
(C) Any person violating the provisions of this section is put on notice that he is automatically guilty of trespass upon entering the capitol grounds and may be arrested without further notice and subject to the penalties thereof. /
Renumber sections to conform.
Amend title to conform.
Rep. ALTMAN explained the amendment.
Rep. SCOTT raised the Point of Order that Amendment No. 84 was out of order in that it was not germane to the Bill.
SPEAKER WILKINS overruled the Point of Order.
Rep. ALTMAN continued speaking.
Rep. HARRISON moved to divide the question, which was not agreed to.
Rep. RUTHERFORD moved to table the amendment.
Rep. HARRISON demanded the yeas and nays which were taken, resulting as follows:
Allen Battle Breeland Brown, G. Brown, J. Clyburn Cobb-Hunter Emory Gourdine Hines, J. Hines, M. Hosey Inabinett Kennedy Lee Lloyd Mack McLeod, W. McMahand Miller Moody-Lawrence Parks Pinckney Rutherford Scott Sheheen Smith, D. Smith, F. Smith, J. Whipper Wilkes
Those who voted in the negative are:
Allison Altman Askins Bailey Bales Barfield Barrett Bowers Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hinson Huggins Jennings Keegan Kelley Kirsh Klauber Knotts Koon Law Leach Limehouse Littlejohn Loftis Lourie Lucas Maddox McCraw McGee McKay Meacham-Richardson Neilson Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Simrill Smith, R. Stille Taylor Townsend Tripp Trotter Vaughn Walker Webb Whatley
Wilder Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to table the amendment.
Rep. RUTHERFORD spoke against the amendment.
Rep. HARRISON spoke upon the amendment.
Rep. HARRISON moved to divide the question, which was agreed to.
/ SECTION ____. The 1976 Code is amended by adding:
"Section 10-11-315. (A) 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, structure, fence located on the capitol grounds.
(B) Notwithstanding the provisions of Section 10-11-360, any person violating the provisions of this section is guilty of a felony and must be punished as follows:
(1) for a first offense, must be imprisoned for a period not to exceed five years, none of which may be suspended, or fined an amount not to exceed five thousand dollars, or both;
(2) for a second offense, must be imprisoned for a period not to exceed ten years, none of which may be suspended, or fined an amount not to exceed twenty-five thousand dollars, or both;
(3) for a third offense, must be imprisoned for a period not to exceed fifteen years, none of which may be suspended, or fined an amount not to exceed fifty thousand dollars, or both.
The question was adopted.
(C) Any person violating the provisions of this section is put on notice that he is automatically guilty of trespass upon entering the capitol grounds and may be arrested without further notice and subject to the penalties thereof.
/
The question was then rejected by a division vote of 26 to 71.
"Section 1-10-10. (A) 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. The flag authorized to be flown on the grounds of the Capitol Complex is the Stars and Bars. This flag must be located at a point on the south side of the Confederate Soldier Monument, centered on the monument, and not more than ten feet from the base of the monument but as near as aesthetically possible and as tall as aesthetically required but not to exceed a total height of twenty-five feet. The final placement and height of the flag must be approved by a committee composed of three members of the Senate appointed by the President Pro Tempore and three members of the House of Representatives appointed by the Speaker of the House.
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."
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
(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."
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 monument or memorial 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.
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.
SECTION 5. This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend title to conform.
Rep. GOVAN moved to table the amendment, which was agreed to.
(B) The question put before the voters at the 2000 referendum shall read as follows:
"Do you favor continuing to fly the Confederate Battle Flag above the State House in Columbia?
(C) The cost of the referendum shall be paid from funds appropriated to the State Election Commission and the results of the referendum shall be advisory only.
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend totals and title to conform.
Rep. MEACHAM-RICHARDSON explained the amendment.
Rep. HOWARD spoke against the amendment.
Rep. COTTY moved to table the amendment.
Rep. TROTTER demanded the yeas and nays which were taken, resulting as follows:
Allen Askins Bales Barfield Battle Breeland Brown, G. Brown, J. Campsen Carnell Clyburn Cobb-Hunter Cotty Easterday Edge Emory Gilham Gourdine Hamilton Harrell Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hosey Howard Inabinett Keegan Kelley Kennedy Kirsh Klauber Lee Limehouse Lloyd Lourie Lucas Mack Maddox McGee McLeod, W. McMahand Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Perry Rodgers Rutherford Scott Seithel Sheheen Smith, D. Smith, F. Smith, J. Stille Tripp Webb Whipper Wilder Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Allison Altman Bailey Barrett Brown, H. Cato Chellis Cooper Dantzler Davenport Delleney Fleming Frye Gamble Harris Haskins Hinson Huggins Knotts Koon Lanford Law Leach Littlejohn Loftis Martin McCraw McKay McLeod, M. Meacham-Richardson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Sharpe Simrill
Taylor Townsend Trotter Vaughn Walker Whatley Young-Brickell
So, the amendment was tabled.
Rep. CATO proposed the following Amendment No. 82 (Doc Name COUNCIL\PT\AMEND\2066DW00):
Amend the bill, as and if amended, SECTION 2, page 2, line 38, by deleting /No/ and inserting:
/Except on Confederate Memorial Day as provided in Section 10-1-161, no /
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 10-1-161. The South Carolina Infantry Battle Flag of the Confederate States of America must be flown annually from 12:01 a.m. to 12:00 midnight on May 10 atop the Dome of the State House." /
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. QUINN spoke in favor of the amendment.
Rep. WHIPPER spoke against the amendment.
Rep. WHIPPER spoke against the amendment.
Rep. MOODY-LAWRENCE spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. COBB-HUNTER spoke against the amendment.
Rep. CATO moved that the House recede until 2:45 p.m., which was agreed to.
Further proceedings were interrupted by the House receding the pending question being consideration of Amendment No. 82.
At 2:45 p.m. the House resumed, Acting Speaker SANDIFER in the Chair.
The question of a quorum was raised.
A quorum was later present.
The SPEAKER granted Rep. VAUGHN a leave of absence for the remainder of the day due to illness.
Debate was resumed on the following Bill, the pending question being the consideration of Amendment No. 82:
S. 1266 (Word version) -- Senator Ford: A BILL TO PROVIDE THAT THE CONFEDERATE BATTLE 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 AND PLACED IN AN UNBREAKABLE GLASS DISPLAY CASE IN FRONT OF THE CONFEDERATE SOLDIER'S MONUMENT ON THE STATE HOUSE GROUNDS, TO PROVIDE THAT 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 TO PROVIDE THAT THE UNIVERSAL NEGRO IMPROVEMENT ASSOCIATION FLAG (BLACK LIBERATION FLAG) SHALL BE DISPLAYED AT THE AFRICAN AMERICAN MONUMENT ON THE STATE HOUSE GROUNDS; AND TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO PROVIDE THAT ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG SHALL FLY ATOP THE STATE HOUSE, BE DISPLAYED IN THE FRONT GROUND-FLOOR FOYER OF THE STATE HOUSE, AND IN THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.
Rep. CATO proposed the following Amendment No. 82 (Doc Name COUNCIL\PT\AMEND\2066DW00):
"Section 10-1-161. The South Carolina Infantry Battle Flag of the Confederate States of America must be flown annually from 12:01 a.m. to 12:00 midnight on May 10 atop the Dome of the State House." /
Renumber sections to conform.
Amend title to conform.
Rep. CATO moved to adjourn debate on the amendment, which was agreed to.
Reps. ROBINSON, SIMRILL, RICE and CATO proposed the following Amendment No. 85 (Doc Name PT\AMEND\2108DW00), which was tabled:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. (A) A granite monument bearing a bronze casting of the Confederate Naval Jack Flag must be erected in the north mall area of the capital complex. A solid block of polished granite 11 feet wide, 8 feet 5 inches tall, and 5 feet 8 inches deep must be placed on top of a granite base consisting of three steps constructed of the same material as the block. A 4 foot tall, 6 foot wide bronze casting of the Confederate Naval Jack Flag must be mounted on the granite block. Below the casting of the flag on the same side of the granite block a second bronze casting must be mounted bearing the following inscription:
"The Confederate Battle Flag was relocated from the dome of the State House to unite the people of South Carolina at long last and as a permanent memorial to the Confederate soldiers who died in the performance of their duties.
Let the South Carolinian of another generation remember that the State taught them how to live and how to die, and that from her broken fortunes, she had preserved for her children the priceless treasures of her memories, teaching all who may claim the same birthright that truth, courage and patriotism endure forever."
(B) The monument must be centered on the Confederate Soldier's Monument 34 feet south of the centerline of the Confederate Monument. The side of the monument bearing the flag casting and inscription shall face south and shall have a paved walkway on its south side, running east and west connecting the flag monument with the existing sidewalks on the grounds. The monument must be made from granite quarried in South Carolina, the color to be selected by the Office of General Services. /
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON explained the amendment.
Rep. SCOTT moved to table the amendment, which was agreed to.
The motion of Rep. WILKINS to reconsider the vote whereby Amendment No. 62 was tabled was taken up.
Rep. CATO moved to table the motion to reconsider, which was agreed to.
Rep. CATO proposed the following Amendment No. 82 (Doc Name COUNCIL\PT\AMEND\2066DW00), which was tabled:
Amend the bill, as and if amended, SECTION 2, page 2, line 38, by deleting /No/ and inserting:
/ Except on Confederate Memorial Day as provided in Section 10-1-161, no /
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 10-1-161. The South Carolina Infantry Battle Flag of the Confederate States of America must be flown annually from 12:01 a.m. to 12:00 midnight on May 10 atop the Dome of the State House." /
Renumber sections to conform.
Amend title to conform.
Rep. ROBINSON spoke in favor of the amendment.
Rep. TRIPP spoke against the amendment.
Rep. W. MCLEOD moved to table the amendment.
Rep. ROBINSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bales Breeland Brown, G. Brown, J. Campsen Canty Carnell Clyburn Cobb-Hunter Cooper Cotty Emory Gilham Gourdine Govan Hamilton Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kelley Kennedy Lee Lloyd Lourie Mack Maddox McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Pinckney Rodgers Rutherford Scott Sheheen Smith, F. Smith, J. Stille Tripp Trotter Webb Whipper Wilder Wilkes
Those who voted in the negative are:
Allison Altman Barfield Barrett Bowers Brown, H. Cato Chellis Dantzler Davenport Delleney Easterday Edge Frye Gamble Harrell Harris Haskins
Hinson Huggins Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McKay Meacham-Richardson Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Taylor Townsend Walker Whatley Wilkins Witherspoon Woodrum Young-Brickell
So, the amendment was tabled.
Rep. TROTTER moved to reconsider the vote whereby Amendment No. 82 was tabled.
Rep. SCOTT moved to table the motion to reconsider.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Breeland Brown, G. Brown, J. Campsen Canty Carnell Clyburn Cobb-Hunter Cotty Emory Gilham Gourdine Govan Hamilton Harrison Harvin Hawkins Hayes Hines, J. Hosey Howard Inabinett Jennings Keegan
Kennedy Klauber Lee Lloyd Lourie Mack Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Rodgers Rutherford Scott Sheheen Smith, D. Smith, F. Smith, J. Stille Tripp Webb Whipper Wilder Wilkes Wilkins
Those who voted in the negative are:
Allison Altman Barfield Barrett Bowers Brown, H. Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Harrell Harris Haskins Hinson Huggins Kelley Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McKay Meacham-Richardson Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, R. Taylor Townsend Trotter Walker Whatley Witherspoon Woodrum Young-Brickell
So, the House refused to table the motion to reconsider.
The question then recurred to the motion to reconsider.
Those who voted in the affirmative are:
Allison Altman Barfield Barrett Bowers Brown, H. Cato Chellis Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Harrell Harris Haskins Hinson Huggins Kirsh Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McKay Meacham-Richardson Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Sharpe Simrill Smith, D. Smith, R. Taylor Townsend Trotter Walker Whatley Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Allen Bailey Bales Battle Breeland Brown, G. Brown, J. Campsen Canty Carnell Clyburn Cobb-Hunter Cotty Emory Gilham Gourdine Govan Hamilton Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kelley Kennedy Klauber Lee Lloyd Lourie Mack
Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Neal, J.M. Ott Parks Perry Pinckney Rodgers Rutherford Scott Sheheen Smith, F. Smith, J. Stille Tripp Webb Whipper Wilder Wilkes Wilkins
So, the motion to reconsider was rejected.
Rep. KNOTTS moved cloture on the entire matter.
Rep. TRIPP moved to table the motion, which was agreed to.
Rep. JENNINGS moved that the House recede until 4:30 p.m.
Rep. MEACHAM-RICHARDSON demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Bailey Bales Battle Bowers Breeland Carnell Clyburn Emory Gourdine Govan Haskins Hayes Hosey Howard Inabinett Jennings Kennedy Lee Lloyd Lourie Maddox McLeod, M. McLeod, W. Miller Moody-Lawrence Neal, J.M. Neilson Ott Parks Pinckney Scott Sheheen Smith, J. Wilder Wilkes
Allison Altman Barfield Barrett Brown, G. Brown, H. Brown, J. Campsen Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Hamilton Harrell Harrison Harvin Hawkins Hines, J. Hines, M. Hinson Huggins Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Mack Martin McCraw McGee McKay McMahand Meacham-Richardson Neal, J.H. Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Seithel Sharpe Simrill Smith, D. Smith, F. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Whipper Wilkins Witherspoon Woodrum Young-Brickell
So, the House refused to recede.
Rep. KENNEDY moved that the House do now adjourn.
Rep. YOUNG-BRICKELL demanded the yeas and nays which were taken, resulting as follows:
Allen Bowers Clyburn Emory Gourdine Kennedy Moody-Lawrence Smith, J.
Those who voted in the negative are:
Allison Altman Bailey Bales Barfield Barrett Brown, H. Brown, J. Carnell Cato Chellis Cobb-Hunter Cooper Cotty Dantzler Davenport Delleney Easterday Edge Frye Gamble Gilham Harrell Harris Harrison Haskins Hawkins Hayes Hines, J. Hinson Hosey Huggins Inabinett Jennings Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Lee Limehouse Littlejohn Loftis Lourie Lucas Mack Martin McCraw McGee McLeod, W. McMahand Meacham-Richardson Neal, J.H. Neilson Ott Perry Phillips Pinckney Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Scott Seithel Sharpe Sheheen Simrill Smith, F. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Reps. J. SMITH, HASKINS, M. MCLEOD, MCMAHAND, KENNEDY, LEE, W. MCLEOD, HAWKINS and MADDOX proposed the following Amendment No. 86 (Doc Name COUNCIL\SWB\AMEND\5253DJC00), which was tabled:
Amend the bill, as and if amended, Section 1-10-10 in SECTION 1, page 2, line 19, by adding a new paragraph to read:
/ "The South Carolina Infantry Battle Flag of the Confederate States of America that was issued to and used by South Carolina Troops serving in infantry units of the armies of the Confederate States of America must be flown atop the dome of the State House on Confederate Memorial Day of each year, beginning at 12:01 a.m. and ending at 12:00 p.m." /
Amend the bill further, as and if amended, Section 1-10-10 in SECTION 1, page 2, line 35, by adding a new subsection to read:
/ (D)(1) The grassy area that is the site of the Confederate Soldier Monument, together with the grassy areas on the east and west sides of concrete walkway surrounding the grassy area that is the site of the Confederate Soldier Monument, is dedicated to South Carolina's soldiers, sailors, airmen, and marines who fought in American wars and honorably served in the Armed Forces of the United States and in the Armies and Navy of the Confederate States of America, and shall be known as, and appropriately and permanently designated as, 'The South Carolina Soldiers' and Sailors' Memorial Mall'.
(2) The Division of General Services of the Budget and Control Board is authorized and directed to contract for the design and construction of the following markers to be located in and around The South Carolina Soldiers' and Sailors' Memorial Mall:
(a) An appropriate marker including the flag under which the majority of South Carolinians served during World War I and World War II displayed on a twenty-five foot pole as a memorial to the men and women of South Carolina who served honorably, fought and died in World War I and World War II to be located on the south side of the grassy area whereon the Confederate Soldier Monument is located.
(b) An appropriate marker including the flag under which a majority of South Carolinians served during the Korean War displayed on a twenty-five foot pole as a memorial to the men and women of South Carolina who served honorably, fought and died in the Korean War to be located on the grassy area east of the concrete walkway
(c) An appropriate marker including the flag under which a majority of South Carolinians served during the Vietnam War displayed on a twenty-five foot pole as a memorial to the men and women of South Carolina who served honorably, fought and died in the Vietnam War to be located on the grassy area west of the concrete walkway surrounding the grassy area whereon the Confederate Soldier Monument is located, equidistant between the Confederate Soldier Monument and the World Wars I and II Marker and directly opposite the marker erected on the east side of the mall.
(d) All monuments, markers, and flags constituting or displayed as part of the mall must be illuminated at night. The markers must not exceed two feet in height, three feet in width, and five feet in length.
(e) A South Carolina Soldiers' and Sailors' Memorial Mall Flag Committee consisting of nine members is created to determine which flag a majority of South Carolinians served under for purposes of displaying the appropriate flag at the markers placed in the mall as memorials for World Wars I and II, the Korean War, and the Vietnam War. Four members of the committee shall be appointed by the President Pro Tempore of the Senate, four members shall be appointed by the Speaker of the House of Representatives, and one member shall be appointed by the President Pro Tempore and the Speaker of the House of Representatives. The flag of the United States or the South Carolina State Flag may be displayed at each marker until the committee selects another flag, as the committee may direct. The flag selected by the committee for a designated marker must be displayed at the designated marker.
(f) The Budget and Control Board is authorized and directed to undertake and engage in a public fund raising campaign to raise private funding in amounts sufficient to pay for the markers, flag poles, illumination devices, and other improvements necessary or desired for the South Carolina Soldiers' and Sailors' Memorial Mall, and to accept private donations for that purpose. All funds collected for the mall must be maintained in a separate account and used only for the construction and maintenance of the mall. When private funding is exhausted, the division of general services must maintain the mall from
Rep. J. SMITH explained the amendment.
Rep. J. SMITH spoke in favor of the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. HASKINS spoke in favor of the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. KENNEDY spoke in favor of the amendment.
Rep. LOURIE spoke in favor of the amendment.
Rep. J. H. NEAL spoke against the amendment.
Rep. J. H. NEAL continued speaking.
Rep. JENNINGS spoke in favor of the amendment.
Rep. JENNINGS spoke in favor of the amendment.
Rep. EMORY spoke in favor of the amendment.
Rep. EMORY continued speaking.
Rep. QUINN spoke in favor of the amendment.
Rep. MEACHAM-RICHARDSON spoke against the amendment.
Rep. BOWERS spoke against the amendment.
Rep. TOWNSEND spoke against the amendment.
Rep. KNOTTS spoke against the amendment.
Rep. WALKER spoke against the amendment.
Rep. W. MCLEOD spoke in favor of the amendment.
Rep. PINCKNEY spoke against the amendment.
Rep. PINCKNEY spoke against the amendment.
Rep. TRIPP spoke in favor of the amendment.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. SHEHEEN continued speaking.
Rep. SHEHEEN spoke in favor of the amendment.
Rep. PHILLIPS spoke against the amendment.
Rep. BREELAND spoke against the amendment.
Rep. EASTERDAY moved to table the amendment.
Rep. JENNINGS demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Bailey Barfield Barrett Breeland Brown, G. Brown, H. Brown, J. Campsen Cato Chellis Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Easterday Edge Fleming Frye Gamble Gilham Gourdine Hamilton Harrell Harris Hawkins Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Keegan Kelley Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Lloyd Loftis Mack Martin McCraw McGee McKay Meacham-Richardson Moody-Lawrence Neal, J.H. Parks Perry Phillips Pinckney Rhoad Rice Riser Robinson Rodgers Rutherford Sandifer Scott Sharpe Simrill Smith, F. Stille Taylor Townsend Trotter Walker Whatley
Whipper Wilkins Witherspoon Young-Brickell
Those who voted in the negative are:
Allen Askins Bales Battle Bowers Carnell Cotty Emory Harrison Harvin Haskins Jennings Kennedy Lee Lourie Lucas Maddox McLeod, M. McLeod, W. McMahand Miller Neal, J.M. Neilson Ott Quinn Seithel Sheheen Smith, D. Smith, J. Smith, R. Tripp Webb Wilder Wilkes Woodrum
So, the amendment was tabled.
Rep. HARRISON moved cloture on the entire matter.
Rep. SIMRILL demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Barfield Barrett Brown, H. Campsen Cato Chellis Cooper Dantzler Easterday Edge Frye Gilham Hamilton Harrell Harrison Harvin Haskins Hawkins Huggins Keegan Kelley Kennedy Klauber Koon Leach Limehouse Littlejohn Loftis Maddox Martin
McGee McKay Quinn Riser Rodgers Sandifer Sharpe Smith, D. Smith, R. Stille Taylor Townsend Walker Webb Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Allen Bailey Bales Battle Bowers Breeland Brown, G. Brown, J. Canty Carnell Clyburn Cobb-Hunter Cotty Davenport Delleney Emory Fleming Gamble Gourdine Govan Harris Hayes Hines, J. Hines, M. Hinson Hosey Howard Inabinett Jennings Kirsh Knotts Lanford Law Lee Lloyd Lourie Lucas Mack McCraw McLeod, M. McLeod, W. McMahand Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Neal, J.M. Neilson Ott Parks Perry Phillips Pinckney Rhoad Rice Robinson Rutherford Scott Seithel Sheheen Simrill Smith, F. Smith, J. Tripp Trotter Whatley Whipper Wilder Wilkes
So, cloture was not ordered.
Rep. HARRISON moved that when the House adjourns it adjourn to meet at 9:30 a.m. tomorrow, which was agreed to by a division vote of 57 to 52.
Reps. SCOTT and DAVENPORT proposed the following Amendment No. 89 (Doc Name NBD\AMEND\12110AC00), which was tabled:
Amend the bill, as and if amended, beginning on page 1, by deleting Section 1-10-10 (A) and inserting:
/"Section 1-10-10. (A) As of twelve o'clock 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 twelve o'clock noon on the effective date of this act. A bronze flag and bronze flag staff must be incorporated in to the Confederate Soldiers Monument, to be affixed to the statue of the soldier on the monument as if the soldier is holding the staff with the flag flying adrift. The flag and flag staff shall be placed so that the flag appears to be held at the right front of the soldier's body.
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."/
Renumber sections to conform.
Amend totals and title to conform.
Rep. SCOTT explained the amendment.
Rep. DAVENPORT spoke in favor of the amendment.
Rep. COTTY moved to table the amendment.
Rep. SCOTT demanded the yeas and nays which were taken, resulting as follows:
Allison Altman Bailey Barfield Barrett Brown, H. Campsen Carnell Cato Chellis Cooper Cotty Dantzler Delleney Easterday Edge Frye Gamble Gilham Hamilton Harrell Harris Harrison Haskins Hawkins Hayes Hinson Huggins Keegan Kelley Kennedy Kirsh Klauber Knotts Koon Lanford Law Leach Limehouse Littlejohn Loftis Lourie Lucas Martin McCraw McGee McKay Meacham-Richardson Neal, J.M. Neilson Ott Perry Phillips Quinn Rhoad Rice Riser Robinson Rodgers Sandifer Seithel Sharpe Sheheen Simrill Smith, D. Smith, R. Stille Taylor Townsend Tripp Trotter Walker Webb Whatley Wilder Wilkins Witherspoon Woodrum Young-Brickell
Those who voted in the negative are:
Askins Bales Battle Bowers Breeland Brown, J. Canty Clyburn Cobb-Hunter Davenport Gourdine Govan Harvin Hines, J. Hines, M. Hosey Inabinett Jennings Lloyd Mack McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Parks Pinckney
Rutherford Scott Smith, F. Smith, J. Whipper Wilkes
So, the amendment was tabled.
Rep. GOVAN proposed the following Amendment No. 91 (Doc Name COUNCIL\SWB\AMEND\5256SOM00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 1-10-10. (A) 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. The flag authorized to be flown on the grounds of the Capitol Complex is the Stars and Bars. This flag must be located at a point on the south side of the Confederate Soldier Monument, centered on the monument, and not more than ten feet from the base of the monument but as near as aesthetically possible and as tall as aesthetically required but not to exceed a total height of twenty feet. The final placement and height of the flag must be approved by a committee composed of three members of the Senate appointed by the President Pro Tempore and three members of the House of Representatives appointed by the Speaker of the House.
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."
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 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 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."
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 monument or memorial 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.
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.
Rep. GOVAN explained the amendment.
Rep. EASTERDAY moved to table the amendment, which was agreed to.
Reps. COBB-HUNTER, COOPER, FLEMING, GOVAN, J.M. NEAL, CATO, KNOTTS, F. SMITH, RUTHERFORD, MACK, WHIPPER, TOWNSEND and TROTTER proposed the following Amendment No. 95 (Doc Name DKA\AMEND\3940MM00), which was tabled:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 10 of the 1976 Code is amended by adding:
Section 10-1-300. This article may be cited as the 'South Carolina Heritage Act of 2000'.
Section 10-1-310. The General Assembly finds:
(1) the population of South Carolina is made up of persons of different races and cultural backgrounds who can and do celebrate their racial and cultural diversity;
(2) the policy of the State should be to promote respect for the dignity of all human beings, and to foster an environment noted for the mutual respect by all citizens for those whose backgrounds, races, cultures, and histories are different from their own;
(3) peaceful coexistence of citizens of different racial and cultural backgrounds and resolution of heritage issues are of paramount importance in creating a society where differences are tolerated and celebrated;
(4) South Carolina's past has brought about the need for healing of the races;
(5) the State of South Carolina may best memorialize its past by providing a legacy for the future. This lasting legacy must reflect the past and present, while reflecting on the future; and the legacy must emphasize the continuity and perpetual flow of time; and
(6) this reflection of the past and on the future is afforded the appropriate perspective and context by reflecting the South Carolinians of the present and emphasizing their circular connection to the past and to the future.
Section 10-1-320. (A) There should be a review of the feasibility and appropriateness of establishing on the State House grounds, behind the Confederate Soldier's Monument, an environmental installation ENTITLED 'Waters of Perpetual Reflection'.
(B) The proposed installation must incorporate:
(1) highly polished or reflective surfaces in a circular motif, with outline maps of the State facing North, South, East, and West, and with a continuous flow of water across the faces of the reflective surfaces. The reflective surfaces must serve to reflect not only the surroundings of the State House grounds, including monuments and other landmarks, but more importantly, the images of all the people who stand before them; and
(2) a circle of flags around the perimeter of the circular reflective surfaces, constructed as a self-guided walking tour with an individual pedestal for each flag containing information about its origin and its significance and role in South Carolina's history. The proposed circle of flags must display, on flag poles at a height of thirty feet, the:
(a) 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];
(b) First National Flag of the Confederacy (Stars and Bars);
(c) the flag of the 1st South Carolina Volunteer Infantry Regiment (African Descent), redesignated as the 33rd United States Colored Troops; and
(d) the flag of the 54th Massachusetts Infantry Regiment.
(3) The Division of General Services of the Budget and Control Board or its successor in interest, from funds appropriated to the board, shall ensure that the authorized flags are placed at all times as proposedd in item (2) and shall replace the flags at appropriate intervals as necessary due to wear.
Section 10-1-330. (A) There is created a South Carolina Heritage Commission for the purpose of:
(1) studying the implementation of the findings in Section 10-1-310;
(2) studying the establishment of the 'Waters of Perpetual Reflection' as described in Section 10-1-320;
(3) advising the General Assembly on a standards-based heritage curriculum to be taught at the K-12 level. The State Department of Education is responsible for the development, implementation, and evaluation of this curriculum. The department also shall develop a heritage curriculum for presentation at the local level through faith-based, civic, or other community-based organizations; and
(4) identifying, preserving, developing, and promoting the state's heritage for tourism purposes.
(B) The commission is made up of twelve members, three representing the Sons of the Confederate Veterans, three representing the National Association for the Advancement of Colored People, three appointed from the House of Representatives by the Speaker of the House of Representatives, and three appointed from the Senate by the President Pro Tempore of the Senate, and otherwise reflecting the state's diverse heritage.
(C) The General Assembly shall receive the report of the commission by November 15, 2000, and shall prepare for prefiling a bill effectuating the findings of the commission.
(D) Members of the commission must be paid the per diem, subsistence, and mileage provided by law for members of state boards, committees, and commissions.
Section 10-1-340. The provisions of this article may be amended or repealed only upon passage of an act which has received a two-thirds vote on third reading of the bill in each branch of the General Assembly." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. COOPER explained the amendment.
Rep. HARRISON moved to table the amendment, which was agreed to.
Reps. EASTERDAY, D. SMITH and ROBINSON proposed the following Amendment No. 97 (Doc NBD\AMEND\12111AC00), which was tabled:
Amend the bill, as and if amended, SECTION 2, page 2, line 38, by deleting /No/ and inserting:
/ Except on Confederate Memorial Day, Robert E. Lee's birthday, and Jefferson Davis' birthday as provided in Section 10-1-161, no /
"Section 10-1-161. The South Carolina Infantry Battle Flag of the Confederate States of America must be flown annually from 12:01 a.m. to 12:00 midnight on May 10, January 19, and June 3 atop the Dome of the State House." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. D. SMITH explained the amendment.
Rep. D. SMITH moved to table the amendment, which was agreed to.
Reps. COBB-HUNTER, COOPER, FLEMING, GOVAN, J.M. NEAL, CATO, KNOTTS, F. SMITH, RUTHERFORD, MACK, WHIPPER, TOWNSEND and TROTTER proposed the following Amendment No. 99 (Doc Name DKA\AMEND\3940MM00), which was tabled:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 10 of the 1976 Code is amended by adding:
Section 10-1-300. This article may be cited as the 'South Carolina Heritage Act of 2000'.
Section 10-1-310. The General Assembly finds:
(1) the population of South Carolina is made up of persons of different races and cultural backgrounds who can and do celebrate their racial and cultural diversity;
(2) the policy of the State should be to promote respect for the dignity of all human beings, and to foster an environment noted for the mutual respect by all citizens for those whose backgrounds, races, cultures, and histories are different from their own;
(3) peaceful coexistence of citizens of different racial and cultural backgrounds and resolution of heritage issues are of paramount importance in creating a society where differences are tolerated and celebrated;
(4) South Carolina's past has brought about the need for healing of the races;
(5) the State of South Carolina may best memorialize its past by providing a legacy for the future. This lasting legacy must reflect the past and present, while reflecting on the future; and the legacy must emphasize the continuity and perpetual flow of time; and
(6) this reflection of the past and on the future is afforded the appropriate perspective and context by reflecting the South Carolinians of the present and emphasizing their circular connection to the past and to the future.
Section 10-1-320. (A) There should be a review of the feasibility and appropriateness of establishing on the State House grounds, behind the Confederate Soldier's Monument, an environmental installation ENTITLED 'Waters of Perpetual Reflection'.
(B) The proposed installation must incorporate:
(1) highly polished or reflective surfaces in a circular motif, with outline maps of the State facing North, South, East, and West, and with a continuous flow of water across the faces of the reflective surfaces. The reflective surfaces must serve to reflect not only the surroundings of the State House grounds, including monuments and other landmarks, but more importantly, the images of all the people who stand before them; and
(2) a circle of flags around the perimeter of the circular reflective surfaces, constructed as a self-guided walking tour with an individual pedestal for each flag containing information about its origin and its significance and role in South Carolina's history. The proposed circle of flags must display, on flag poles at a height of thirty feet, the:
(a) 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];
(b) First National Flag of the Confederacy (Stars and Bars);
(c) the flag of the 1st South Carolina Volunteer Infantry Regiment (African Descent), redesignated as the 33rd United States Colored Troops; and
(d) the flag of the 54th Massachusetts Infantry Regiment.
(3) The Division of General Services of the Budget and Control Board or its successor in interest, from funds appropriated to the board, shall ensure that the authorized flags are placed at all times as proposedd in item (2) and shall replace the flags at appropriate intervals as necessary due to wear.
Section 10-1-330. (A) There is created a South Carolina Heritage Commission for the purpose of:
(1) studying the implementation of the findings in Section 10-1-310;
(2) studying the establishment of the 'Waters of Perpetual Reflection' as described in Section 10-1-320;
(3) advising the General Assembly on a standards-based heritage curriculum to be taught at the K-12 level. The State Department of Education is responsible for the development, implementation, and evaluation of this curriculum. The department also shall develop a heritage curriculum for presentation at the local level through faith-based, civic, or other community-based organizations; and
(4) identifying, preserving, developing, and promoting the state's heritage for tourism purposes.
(B) The commission is made up of twelve members, three representing the Sons of the Confederate Veterans, three representing the National Association for the Advancement of Colored People, three appointed from the House of Representatives by the Speaker of the House of Representatives, and three appointed from the Senate by the President Pro Tempore of the Senate, and otherwise reflecting the state's diverse heritage.
(C) The General Assembly shall receive the report of the commission by November 15, 2000, and shall prepare for prefiling a bill effectuating the findings of the commission.
(D) Members of the commission must be paid the per diem, subsistence, and mileage provided by law for members of state boards, committees, and commissions.
Section 10-1-340. The provisions of this article may be amended or repealed only upon passage of an act which has received a two-thirds vote on third reading of the bill in each branch of the General Assembly." /
Renumber sections to conform.
Amend totals and title to conform.
Rep. TRIPP spoke against the amendment.
Rep. EASTERDAY moved to table the amendment.
Those who voted in the affirmative are:
Allen Allison Bales Battle Brown, H. Campsen Carnell Chellis Cotty Dantzler Delleney Easterday Edge Emory Gilham Harrell Harris Harrison Harvin Haskins Hayes Hinson Jennings Keegan Kennedy Kirsh Lanford Law Lee Limehouse Littlejohn Lourie Lucas Maddox McCraw McGee McKay McLeod, M. McLeod, W. McMahand Miller Neal, J.M. Neilson Ott Perry Phillips Rodgers Seithel Sheheen Simrill Smith, D. Smith, J. Smith, R. Stille Tripp Walker Webb Wilder Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Altman Askins Barfield Barrett Bowers Breeland Brown, J. Canty Cato Clyburn Cobb-Hunter Cooper Davenport Fleming Frye Gamble Gourdine Govan Hines, J. Hines, M. Hosey Inabinett Kelley Knotts Koon Lloyd Loftis Mack Martin Meacham-Richardson Moody-Lawrence Neal, J.H. Parks
Pinckney Quinn Rhoad Rice Riser Robinson Rutherford Sandifer Sharpe Smith, F. Townsend Trotter Whatley Whipper
So, the amendment was tabled.
Rep. WHIPPER proposed the following Amendment No. 93 (Doc Name COUNCIL\NBD\AMEND\12108AC00), which was tabled:
Amend the bill, as and if amended, beginning on page 1 of the bill by deleting Section 1-10-10(A) and inserting:
/(A) As of 12:00 noon on 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 effective date of this act.
A granite monument bearing a bronze casting of the Confederate Naval Jack Flag must be erected in the north mall area of the capital complex. A solid block of polished granite 11 feet wide, 8 feet 5 inches tall, and 5 feet 8 inches deep must be placed on top of a granite base consisting of three steps constructed of the same material as the block. A 4 foot tall, 6 foot wide bronze casting of the Confederate Naval Jack Flag must be mounted on the granite block. Below the casting of the flag on the same side of the granite block a second bronze casting must be mounted bearing the following inscription:
"The Confederate battle flag was relocated from the dome of the State House and cast in bronze to unite the people of South Carolina at long last and as a permanent memorial to the Confederate soldiers who died in the performance of their duties.
"Let the South Carolinian of another generation remember that the state taught them how to live and how to die, and that from her broken fortunes, she had preserved for her children the priceless treasures of her memories, teaching all who may claim the same birthright that truth, courage and patriotism endure forever."
The monument must be centered on the Confederate Soldier's Monument 20 feet south of the centerline of the Confederate Monument. The side of the monument bearing the flag casting and inscription shall face south and shall have a paved walkway on its south side, running east and west connecting the flag monument with the existing sidewalks on the grounds. The monument must be made from granite quarried in South Carolina, the color to be selected by the Office of General Services./
Amend the bill further, by adding an appropriately numbered SECTION to read:
/SECTION ___. The 1976 Code is amended by adding:
"Section 10-1-230. (A) There is created the South Carolina Heritage Commission which shall study the cultural heritage of South Carolina beginning with the period preceding the spanish exploration in 1514 through to the present. The commission must be composed of the following:
(1) the Governor or a designee;
(2) three members of the House of Representatives appointed by the Speaker of the House;
(3) three members of the Senate, appointed by the Pro Tempore of the Senate;
(4) the Executive Director of the South Carolina Department of Archives;
(5) the Executive Director of the South Carolina State Museum;
(6) the Executive Director of the South Carolina Department of Parks, Recreation and Tourism.
(B) The commission shall develop a plan to compile and present a comprehensive educational program depicting the cultural history and development of South Carolina. The plan shall include, but is not limited to, permanent exhibits, media presentations, and temporary and traveling exhibits.
(C) The commission may create an advisory committee representative of the ethnic and cultural aspects of the evolution of the State of South Carolina.
(D) The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out this purpose and in this regard has the power to cause to be created a tax-exempt nonprofit corporation, the purpose of which is to receive and disburse funds for the Heritage Commission. Members may be paid mileage, per diem, and subsistence if approved by the Governor.
(E) The commission shall submit an annual report to the General Assembly on the progress of the development of the heritage plan and thereafter annually on its implementation./
Renumber sections to conform.
Amend totals and title to conform.
Rep. WHIPPER explained the amendment.
Rep. WHIPPER moved to table the amendment, which was agreed to.
Reps. FLEMING and CATO proposed the following Amendment No. 94 (Doc Name COUNCIL\PT\AMEND\2111DW00), which was tabled:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Chapter 1, Title 10 of the 1976 Code is amended by adding:
"Section 10-1-310. (A) The General Assembly finds:
(1) the population of South Carolina is made up of persons of different races and cultural backgrounds who can and do celebrate their racial and cultural diversity;
(2) the policy of the State should be to promote respect for the dignity of all human beings, and to foster an environment noted for the mutual respect by all citizens for those whose backgrounds, races, cultures, and histories are different from their own;
(3) peaceful coexistence of citizens of different racial and cultural backgrounds and resolution of heritage issues are of paramount importance in creating a society where differences are tolerated and celebrated; and
(4) this reflection of the past and on the future is afforded the appropriate perspective and context by reflecting the South Carolinians of the present and emphasizing their circular connection to the past and to the future.
(B) There is created a study committee to study where the Confederate Flag must be located on the State House grounds. The committee must be composed of twelve members as follows:
(1) three members of the House of Representative appointed by the Speaker;
(2) three members of the Senate appointed by the President Pro Tempore;
(3) three members of the Sons of the Confederacy appointed by the president of the South Carolina Chapter; and
(4) three members of the National Association for the Advancement of Colored People (NAACP) appointed by the president of the South Carolina Chapter.
(C) The committee shall thoroughly study and make recommendations as to where a confederate flag must be located on the State House grounds. The study shall include but is not limited to:
(1) establishing on the State House grounds, behind the Confederate Soldier's Monument, an environmental installation ENTITLED 'Waters of Perpetual Reflection'. The proposed installation must incorporate highly polished or reflective surfaces in a circular motif, with outline maps of the State facing North, South, East, and West, and with a continuous flow of water across the faces of the reflective surfaces. The reflective surfaces must serve to reflect not only the surroundings of the State House grounds, including monuments and other landmarks, but more importantly, the images of all the people who stand before them, and a circle of flags around the perimeter of the circular reflective surfaces, constructed as a self-guided walking tour with an individual pedestal for each flag containing information about its origin and its significance and role in South Carolina's history. The proposed circle of flags must display, on flag poles at a height of thirty feet, 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], First National Flag of the Confederacy (Stars and Bars), the flag of the 1st South Carolina Volunteer Infantry Regiment (African Descent), redesignated as the 33rd United States Colored Troops, and the flag of the 54th Massachusetts Infantry Regiment;
(2) leaving the flag on the dome of the State House;
(3) placing the flag on the Confederate Soldiers Monument;
(4) erecting a bronze replica of the Confederate Flag to be located on the Confederate Soldiers Monument;
(5) studying the implementation of the findings in Section 10-1-310;
(6) studying the establishment of the 'Waters of Perpetual Reflection' as described in Section 10-1-320;
(7) advising the General Assembly on a standards-based heritage curriculum to be taught at the K-12 level. The State Department of Education is responsible for the development,
(8) identifying, preserving, developing, and promoting the state's heritage for tourism purposes.
(D) The committee shall make its report to the General Assembly no later than November 15, 2000, at which time the committee is dissolved.
SECTION 2. This act takes effect upon approval by the Governor /
Renumber sections to conform.
Amend title to conform.
Rep. FLEMING explained the amendment.
Rep. COTTY moved to table the amendment, which was agreed to by a division vote of 56 to 14.
Rep. COTTY moved cloture on the entire matter.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allison Altman Askins Bailey Bales Barfield Barrett Brown, H. Campsen Chellis Cotty Dantzler Easterday Emory Frye Gilham Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Huggins Jennings Keegan Kelley Kennedy Klauber Koon Lanford Law Leach Lee Limehouse Littlejohn Lourie Lucas Maddox McGee McKay McMahand Neal, J.M. Neilson Ott Quinn Riser Robinson
Rodgers Sandifer Seithel Smith, D. Smith, J. Smith, R. Stille Taylor Townsend Walker Webb Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Allen Battle Bowers Breeland Brown, G. Canty Carnell Cato Clyburn Cobb-Hunter Cooper Davenport Delleney Fleming Gamble Gourdine Govan Hayes Hines, J. Hines, M. Hinson Hosey Howard Inabinett Kirsh Knotts Lloyd Loftis Mack Martin McCraw McLeod, M. McLeod, W. Meacham-Richardson Miller Moody-Lawrence Neal, J.H. Perry Phillips Pinckney Rhoad Rice Rutherford Scott Sharpe Sheheen Simrill Smith, F. Tripp Trotter Whatley Whipper Wilder Young-Brickell
So, cloture was ordered.
Rep. CATO proposed the following Amendment No. 102 (Doc Name COUNCIL\GJK\AMEND\21398DW00), which was tabled:
Amend the bill, as and if amended, SECTION 2, Section 10-1-160, by striking subsection (A) and inserting:
/(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. Except on Confederate Memorial Day as provided in
"Section 10-1-161. The South Carolina Infantry Battle Flag of the Confederate States of America must be flown annually from 6:00 a.m. to 12:00 midnight on May 10 atop the Dome of the State House."/
Renumber sections to conform.
Amend title to conform.
Rep. CATO explained the amendment.
Rep. COTTY moved to table the amendment.
Rep. CATO demanded the yeas and nays which were taken, resulting as follows:
Those who voted in the affirmative are:
Allen Askins Bailey Bales Battle Breeland Brown, G. Campsen Canty Clyburn Cobb-Hunter Cotty Easterday Gilham Gourdine Govan Harrell Harrison Harvin Hawkins Hayes Hines, J. Hines, M. Hosey Howard Inabinett Jennings Keegan Kelley Kennedy Lee Lloyd Lourie Mack Maddox McLeod, W. McMahand Miller Moody-Lawrence Neal, J.H. Ott Parks Perry Pinckney Rodgers Rutherford Scott Sharpe Sheheen Smith, D. Smith, F.
Smith, J. Tripp Webb Whipper Wilkes Wilkins Witherspoon
Those who voted in the negative are:
Allison Altman Barfield Barrett Brown, H. Carnell Cato Chellis Cooper Dantzler Davenport Delleney Edge Fleming Frye Gamble Hamilton Harris Haskins Hinson Huggins Kirsh Klauber Koon Lanford Law Leach Limehouse Littlejohn Loftis Lucas Martin McCraw McGee McKay Meacham-Richardson Neilson Phillips Quinn Rhoad Rice Riser Robinson Sandifer Seithel Simrill Smith, R. Stille Taylor Townsend Trotter Walker Whatley Wilder Woodrum Young-Brickell
So, the amendment was tabled.
Rep. CATO proposed the following Amendment No. 101 (Doc Name COUNCIL\PT\AMEND\2070DW00), which was tabled:
Amend the bill, as and if amended, SECTION 2, page 2, line 38, by deleting /No/ and inserting:
/ Except on Confederate Memorial Day and Robert E. Lee's birthday and Jefferson Davis' birthday as provided in Section 10-1-161, no /
Amend further, by adding an appropriately numbered SECTION to read:
/ SECTION ____. The 1976 Code is amended by adding:
"Section 10-1-161. The South Carolina Infantry Battle Flag of the Confederate States of America must be flown annually from 6:00 a.m. to 12:00 midnight on May 10, January 19, and June 3 atop the Dome of the State House." /
Renumber sections to conform.
Amend title to conform.
Rep. CATO moved to table the amendment, which was agreed to.
Rep. WILKINS spoke in favor of the Bill.
Rep. CATO moved to divide the question.
Rep. SHEHEEN raised the Point of Order that the motion to divide the question was out of order in that cloture had been invoked and dividing the question would expand the amount of debate time on the Bill and would be an attempt to amend the Bill when the only question before the House was adoption of the Bill.
SPEAKER PRO TEMPORE HASKINS sustained the Point of Order and ruled the motion to divide the question out of order.
Rep. HOWARD spoke against the Bill.
Rep. CARNELL spoke in favor of the Bill.
Rep. G. BROWN spoke in favor of the Bill.
Rep. RUTHERFORD spoke against the Bill.
Rep. EASTERDAY spoke in favor of the Bill.
Rep. JENNINGS spoke in favor of the Bill.
Rep. JENNINGS continued speaking.
Rep. WILKES spoke in favor of the Bill.
Rep. GOVAN spoke against the Bill.
Rep. GOVAN continued speaking.
Rep. KNOTTS spoke against the Bill.
Rep. ALLEN spoke in favor of the Bill.
Rep. PERRY spoke in favor of the Bill.
Rep. EMORY spoke in favor of the Bill.
Rep. COTTY spoke in favor of the Bill.
Rep. CAMPSEN spoke in favor of the Bill.
Rep. MACK spoke against the Bill.
Rep. QUINN spoke in favor of the Bill.
The question then recurred to the passage of the Bill.
Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:
Those who voted in the affirmative are:
Allen Allison Askins Bailey Bales Battle Bowers Brown, G. Brown, H. Campsen Carnell Chellis Cotty Easterday Emory Gilham Hamilton Harrell Harris Harrison Harvin Haskins Hawkins Hayes Jennings Keegan Kelley Klauber Law Leach Lee Limehouse Lourie Lucas Maddox McLeod, M. McLeod, W. McMahand Miller Moody-Lawrence Neal, J.M. Neilson Ott Perry Quinn Robinson Rodgers Sandifer Seithel Sheheen Simrill Smith, D. Smith, J. Stille Tripp Walker Webb
Whatley Wilder Wilkes Wilkins Witherspoon Woodrum
Those who voted in the negative are:
Altman Barfield Barrett Breeland Brown, J. Canty Cato Clyburn Cobb-Hunter Cooper Dantzler Davenport Delleney Edge Fleming Frye Gamble Gourdine Govan Hines, J. Hines, M. Hinson Hosey Howard Huggins Inabinett Kennedy Kirsh Knotts Koon Lanford Littlejohn Lloyd Loftis Mack Martin McCraw McGee McKay Meacham-Richardson Neal, J.H. Parks Phillips Pinckney Rhoad Rice Riser Rutherford Scott Sharpe Smith, R. Taylor Townsend Trotter Whipper Young-Brickell
So, the Bill, as amended, was read the second time and ordered to third reading.
It is with great reservations that I vote to remove the Confederate Flag from the dome. It is with great respect for the sacrifices of the Confederate veterans that I vote to fly the flag at the Confederate monument. With all due respect to all South Carolinians, I hope and pray this vote is good for my beloved home of South Carolina.
Rep. Bill K. Bowers
I support flying the Confederate Battle Flag atop the Statehouse dome. However, as our State has been embroiled in a debate trying to reconcile a variety of opinions regarding this banner, I submit for posterity the following statement. I wish to address the rationale behind voting for S. 1266, the bill that relocates the Confederate Battle Flag from atop the Statehouse dome to the Confederate Soldiers Monument on the Statehouse grounds.
At this time, three flags fly on the Statehouse dome: the United States flag, the State of South Carolina flag, and the Confederate Battle flag. Unlike the U.S. and State flags, the Battle flag never represented an existing government with jurisdiction over our citizens, but was always the banner to identify and rally the soldiers.
It was put up in memory of these brave South Carolinians who were willing to make the supreme sacrifice for their State. It flew for these reasons and should continue to fly at the Statehouse to remember the state's soldiers. My primary goal must be to insure it will fly forever in memory of these men.
It can do so at the Soldier's Monument and also remove the objection of some detractors that flying it on the dome communicates a statement of sovereignty. In the future, the flag can be more clearly defended in its flying by putting it in a more historical and military setting absent any sovereignty arguments.
Any further objections to the flag are thus revealed as protests to visibility and there is no further room for compromise on that point. It is the State's moral duty never to forget those who it called on to defend it. This alone is reason enough for its relocation to an appropriate historical site.
I recognize that the Battle Flag is a symbol of heritage and sacrifice to some South Carolinians, and a symbol of slavery and degradation to other South Carolinians.
This settlement does not satisfy everyone, no true accord does. All concerned had to concede cherished ground - some more than others - to reach this decision.
I am voting for this legislation in fervent hopes of bringing finality to the debate over sovereignty. With my vote to pass this plan I am hereby stating my support for the Confederate Battle Flag to be relocated to the Confederate Soldiers Memorial and the additional protection of the Confederate memorials, nameplates, and street names for evermore.
The weighted procedural vote requirement insures as best I can that the flag's location will not be subject to future political trade winds. It now flies with diverse and broad support and thus, by our vote insure that it will continue to fly at the State house than by simply leaving it unprotected at the dome and the monuments unprotected to the whims of the intolerant.
Rep. Converse A. Chellis III
I voted for S.1266 which removes the Confederate Naval Jack from the Statehouse dome and the House and Senate chambers, and locates a Confederate Battle Flag at the Confederate Soldiers Monument, for reasons contained in the opinion editorial below which was authored by me and recently published in The State and Post & Courier newspapers.
The South Carolina Senate recently surprised us by quickly passing a bill to remove the Confederate Flags from the Capitol dome and the House and Senate chambers, and replace them with a Confederate Battle Flag at the Confederate Soldiers Monument. Passage of the legislation was unexpected because positions at either end of the continuum in this debate appeared inextricably opposed.
One side maintains the Flag must stay atop the Capitol, and anything less is an affront to southern heritage. The other contends the Flag is inherently racist and offensive, and must be removed not only from the Capitol, but also from the Statehouse grounds. With the debate framed in such strident terms resolution appeared remote. If the Flag was moved anywhere on the Statehouse grounds both sides would lose - and not just a little as happens in most compromises - but completely, thus removing incentives for settlement.
However the debate need not be framed in such intractable terms. Extreme elements on both sides, facilitated by the media, have led us into a false dilemma - choose extirpation of racism or veneration of southern heritage - you cannot have both. Yet we can have both. All that's needed is a paradigm shift in how we analyze the Confederate Flag.
The Confederate Flag should not fly over our Capitol for one simple yet compelling reason - it does not meet the criterion flags must meet to fly over capitols. The timeless and universal criterion for a flag to fly over a capitol is that it must be the flag of an existing government that has jurisdiction over citizens inhabiting the state. Only the State
The reason for the principle is the flying of a flag over a capitol symbolizes authority and the seat of legislative and executive power. Forget the racism versus heritage dilemma foisted upon us. This is the rational and judicious way to analyze the matter. And the beauty of this approach is it doesn't require us to dishonor the Flag in order to move it, nor can it be used to attack other Confederate symbols. Its application stops at the Flags over the dome and in the legislative chambers.
Some argue this reasoning might be sound, but relocating the Flag under the boycott is tantamount to capitulation. For legislators such as I whose support for this reasoning predates the boycott, no charge of capitulation can be levied. Even recent converts to the Senate proposal cannot reasonably be charged with capitulation to either side since both the NAACP and heritage groups disapprove of it. Furthermore we should support the proposal even if the boycott continues, for such intransigence will marginalize the NAACP, sucking momentum from both the boycott and their jihad against Confederate symbols across the South.
Last December a majority of the surviving members of the 1962 General Assembly that placed the Flag above the Capitol attested that the Flag was not flown for racist or ignoble purposes, but to commemorate the Civil War Centennial celebrated across the country from 1961 to 1965 at the request of Congress and President Eisenhower. Organized by my father and Governors West and McNair, they clarified their intent that the Flag fly during the Centennial only, and the absence of a removal date was simply an oversight. Finally they called upon the current General Assembly to correct their mistake by relocating the Flag to a place of honor on the Statehouse grounds.
The Senate has offered a reasonable solution to this tiresome controversy. It removes the Flag from an inappropriate place, a place normally reserved for sovereign governments, and relocates it to the Confederate Soldiers Monument - the most appropriate place to honor the soldiers who rallied around the Battle Flag in patriotic service to our State. In coming weeks the House will debate this solution, and our conduct will be viewed by a watching world. Why and how we relocate the Flag is as important as the act itself. The House should
The vote I cast to move the Confederate Battle Flag from the State House dome to the Confederate Soldier's monument is the most difficult vote I have ever cast as a member of the General Assembly. During the course of this debate, I worked hard to persuade my colleagues to continue flying the battle flag on the dome at least on Confederate Memorial Day.
It breaks my heart that I failed to persuade enough flag defenders to join me in that effort. By returning it to the dome, at least one day a year, I believe we could have added new meaning to the flag. We could have sent a powerful message down the halls of history that we, in our time, honor the memory of those who shed their blood for their State and for their region.
In the final analysis, I came to the conclusion that continuing this rancorous debate, continuing this controversy, for weeks and months, does further harm to the true meaning of this old embattled banner. But as I vote for this bill, I would like the record to contain a message to people of good will who might read this record generations from now. This battle flag is an honorable symbol. It's power is profound because it is woven in blood. It stands for a generation of people whose reputations we will defend as long as we live and breathe. They were not evil people. And this battle flag does not stand for hate. It is a banner of valor. It honors the lives of our ancestors whose memory we shall revere forever. We fly it at the Confederate Soldiers monument proudly. And we pray that mutual respect will prosper in the years ahead, for if it does, this flag will surely fly forever. Thank you.
Rep. Rick Quinn
Rep. HASKINS moved that when the House adjourns it adjourn to meet at 10:00 a.m. tomorrow, which was agreed to.
At 10:15 p.m. the House, in accordance with the motion of Rep. KNOTTS, adjourned in memory of all the Confederate soldiers who lost their lives in the Civil War, to meet at 10:00 a.m. tomorrow.
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