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COMMITTEE REPORT
April 5, 2000
S. 1266
S. Printed 4/5/00--S. [SEC 4/6/00 4:17 PM]
Read the first time March 21, 2000.
To whom was referred a Bill (S. 1266), 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, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO AMEND CHAPTER 10, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS.
SECTION 1. Chapter 10, Title 1 of 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 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)]. 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.
The South Carolina Infantry Battle Flag of the Confederate States of America is square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The total outside measurement of the flag is to be fifty-two inches square, inclusive of the white border. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.
The Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear. The respective flags may only be removed during times of renovation and/or repair and the flags shall be returned upon completion of any such work.
(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 one of its readings 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 or within the common or public areas of any other building owned by the State or a political subdivision thereof except in museums and parks for historical exhibits. 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.
(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 one of its readings 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, or African-American History monuments or memorials erected on public property may be relocated, removed, disturbed, or altered. No street, park, preserve, reserve, or other public area 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 or memorials.
(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 one of its readings in each branch of the General Assembly.
SECTION 4. This act takes effect upon approval by the Governor. /
Amend title to conform.
DONALD H. HOLLAND, for Committee.
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.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Notwithstanding any other provision of law on the effective date of this act:
(A) 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 House of Representatives and placed in an unbreakable glass display case in front of the Confederate Soldier's Monument on the State House grounds;
(B) 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
(C) the Universal Negro Improvement Association Flag (Black Liberation Flag) shall be displayed at the African American Monument on the State House grounds.
SECTION 2. Chapter 1, Title 10 of the 1976 Code is amended by adding:
"Section 10-1-165. Only the United States Flag and the South Carolina State Flag shall fly atop the State House and be displayed in the front ground-floor foyer of the State House and in the chambers of the Senate and the House of Representatives."
SECTION 3. This act takes effect upon approval by the Governor.
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