Committee Report

March 20, 2024

 

H. 5042

 

Introduced by Reps. B. L. Cox, J. L. Johnson, Murphy, Sessions, Cobb-Hunter, Kirby, Brewer, Garvin, Henegan, M. M. Smith, Jefferson, Rivers, McDaniel, Davis, Haddon, King, Gilliard, Stavrinakis, Bauer, West, Wetmore, T. Moore, Thigpen, Chapman, Schuessler, Pope, Guffey, Dillard, W. Jones, Pendarvis, G. M. Smith, Weeks, Wheeler, Williams, S. Jones and J. Moore

 

S. Printed 03/20/24--H.

Read the first time February 06, 2024

 

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The committee on House Medical, Military, Public and Municipal Affairs

To whom was referred a Bill (H. 5042) to amend the South Carolina Code of Laws by adding Section 10-1-185 so as to establish on the grounds of the State House a Robert Smalls Monument, create a commission, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

S.H. DAVIS for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill provides for a monument dedicated to Robert Smalls to be erected on the grounds of the State House and establishes the Robert Smalls Monument Commission for the purposes of determining the monument's design and location, with final approval required by the General Assembly.  The commission is empowered to raise private funds and receive gifts and grants to carry out its purpose and also has the power to create a tax-exempt nonprofit corporation to receive and disburse these funds for the monument.  The commission will be composed of the CRR Chairman or his designee, five members appointed by the Speaker of the House of Representatives, and five members appointed by the President of the Senate.  The bill sets the dissolution date of the commission for January 15, 2028, and its powers, duties, and responsibilities will be transferred to the State House Committee if the Robert Smalls Monument has not been dedicated by the dissolution date.

 

Robert Smalls Monument.  The bill tasks the commission with determining the specific features of the monument, including its location on the Statehouse grounds, the type of monument and its approximate size, and the materials that will be used.  Therefore, the total cost of the monument proposed by the bill is undetermined, as we anticipate that the monument's scope and size will be contingent upon the private funding received by the commission. 

 

For reference, based on information available through Historic Columbia, archived reports of the General Assembly, and information provided by Admin, as follows are the four most recent monuments or memorials erected on Statehouse grounds as well as associated costs and funding sources.

 

Monument or                  Year                     Total Project            Funding

Memorial                        Constructed          Funding                   Source

Strom Thurmond             1999                     $850,000                 Private donations

Monument

African American            2001                     $1,200,000              Private donations

History Monument

Armed Forces                 2005                     $250,000                 General Assembly

Monument                                                                                  Appropriation

SC Law Enforcement      2006                     $500,000                 General Assembly

Memorial                                                                                    Appropriation

 

These monuments vary in size and materials used.  The African American History Monument incorporates a plaza-style design with granite walls inlayed with large bronze sculptures along with an obelisk and pedestal.  Similarly, the Armed Forces Monument and the SC Law Enforcement Memorial are plaza-style monuments constructed primarily using granite.  The Strom Thurmond Monument includes a bronze sculpted statue measuring nine feet tall on an eight-foot granite base.

 

The cost of construction materials increased by a cumulative 84.1 percent since the last monument was erected in 2006, according to the Bureau of Labor Statistics (BLS).  The BLS producer price index for Brass Metals and Metal Products increased by 39.2 percent since 2006, and the BLS producer price index for Nonmetallic Mineral Products, including granite, increased by 70.2 percent since 2012, the earliest year in which data is available. 

 

The following table contains the approximate amount of funding, adjusted for inflation, that would be required to erect each of the four most recent monuments in 2023.  For the purposes of this illustration, we have used the increase in the producer price index for all construction materials to account for materials not included in Brass Metals and Metal Products or Nonmetallic Mineral Products, as well as the increase in the cost of construction labor, sculpting or artistic labor, and transportation.

 

Monument or Memorial                                   Funding Required to Construct in 2023

Strom Thurmond Monument                             $1,975,000

African American History Monument               $2,788,000

Armed Forces Monument                                 $489,000

SC Law Enforcement Memorial                        $921,000

 

House of Representatives and Senate.  This bill requires the Speaker of the House of Representatives and the President of the Senate to each appoint five members to the Robert Smalls Monument Commission, and each legislative body is expected to incur the per diem, subsistence, and mileage expenses for their respective appointments.  Pursuant to the FY 2023-24 General Appropriations Act, for each meeting of the commission, members who are not state employees or members of the General Assembly are entitled to per diem of $50, subsistence of $42, and the mileage reimbursement rate set by the IRS of 67 cents per mile.  Appointees to the commission who are members of the General Assembly are entitled to per diem of $50, subsistence of $231.73, and 67 cents per mile reimbursement per commission meeting on days that the General Assembly is not already in session.  The expense for each legislative body related to meetings of the commission will vary, depending on the members of the commission, number of commission meetings, and total mileage reimbursements.  Both legislative bodies anticipate managing the added expenses using existing General Fund appropriations.

 

Confederate Relic Room.  The bill requires the Robert Smalls Monument Commission to consult with CRR to determine and confirm the historical accuracy of the monument's engravings and requires the CRR Chairman or his designee to serve on the commission.  CRR indicates that these responsibilities, along with the other requirements of the CRR Chairman or his designee as chairman of the monument commission will be managed with existing staff and resources.  Therefore, this bill will have no expenditure impact on CRR.

 

Department of Administration.  The bill requires Admin to assist the commission with the preparation and maintenance of financial records, and that these records must be made public except for the names of anonymous donors.  Admin indicates that these duties will be managed with existing staff and appropriations, and therefore, this bill will have no expenditure impact on the agency. 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 10-1-185 SO AS TO ESTABLISH ON THE GROUNDS OF THE STATE HOUSE A ROBERT SMALLS MONUMENT, CREATE A COMMISSION TO DETERMINE THE DESIGN AND LOCATION OF THE MONUMENT, PROVIDE FOR THE MEMBERSHIP OF THE COMMISSION, AND SUNSET THE COMMISSION AT A DATE CERTAIN.

 

Whereas, the members of the General Assembly propose a monument of enduring historical significance to Robert Smalls, an escaped slave who became a Civil War hero and a legislator in the South Carolina General Assembly and served five terms in the United States House of Representatives; and

 

Whereas, Robert Smalls was born a slave on April 5, 1839, in Beaufort, South Carolina. He was the son of Lydia Polite but owned by John McKee; and

 

Whereas, during the Civil War, Mr. Smalls, illiterate and twenty-three years old, escaped by commandeering the Confederate ship, the Planter, on which he worked, delivering its black passengers from slavery to freedom through a gauntlet of gunboats and forts. Thereafter, he served the Union Army as a civilian boat pilot with distinction in numerous engagements, acted as a spokesperson for African Americans, and was made the first black captain of an Army vessel for his valor; and

 

Whereas, Mr. Smalls served in the South Carolina House of Representatives, the South Carolina Senate, and the United States House of Representatives, enduring violent elections to achieve internal improvements for coastal South Carolina and to fight for his black constituents in the face of growing disenfranchisement; and

 

Whereas, Mr. Smalls spoke openly in defense of his race and his party. Even with the rise of Jim Crow laws, Mr. Smalls stood firm as an unyielding advocate for the political rights of African Americans; and

 

Whereas, he was one of the first South Carolinians to advocate successfully for compulsory education; and

 

Whereas, Mr. Smalls played a critical role in bridging relations between the black and white communities during and after Reconstruction; and

 

Whereas, he was the founder of the Enterprise Railroad Company of Charleston; and

 

Whereas, Mr. Smalls also served as brigadier general of the South Carolina Militia; opened a store for freedmen and a school for black children; published a newspaper, the Beaufort Southern Standard; and served as the U.S. Customs collector at the port of Beaufort; and

 

Whereas, he promoted the establishment of the US Naval Station at Port Royal and the purchase of Parris Island; and

 

Whereas, in 2007, the US Army named a ship after an African American for the first time, the support vessel Maj. Gen. Robert Smalls; and

 

Whereas, Mr. Smalls married Hannah Jones and, upon her death, remarried Annie Wigg. He had four children: Elizabeth, Sarah, Robert, Jr., and William Robert; and

 

Whereas, Mr. Smalls died in Beaufort on February 22, 1915, in the same house behind which he had been born and served as a slave, and later came to purchase; and

 

Whereas, a monument to honor Robert Smalls would represent the remarkable contributions, achievements, and accomplishments of this forgotten son of South Carolina and would serve as an overdue tribute to the many slaves who sacrificed alongside him. Now, therefore,

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  Chapter 1, Title 10 of the S.C. Code is amended by adding:

 

    Section 10-1-185.  (A) Notwithstanding the provisions of Section 2-1-240, there is hereby established on the grounds of the State House a Robert Smalls Monument. The design and location of the monument shall be determined by the commission appointed pursuant to subsection (C). The monument must be erected as soon as is reasonably possible after the design plan has been approved by the General Assembly by concurrent resolution.

    (B) The Robert Smalls Monument Commission is created to determine the design of the monument to Robert Smalls and its location on the State House grounds. The commission is empowered and directed to raise private funds and may receive gifts and grants to carry out its purpose. The commission has the power to create a tax-exempt nonprofit corporation for the purpose of receiving and disbursing funds for the monument. The staff of the Department of Administration shall assist with the preparation and maintenance of financial records. The financial records are public records except that the names of anonymous donors must not be disclosed.

    (C) The commission is composed of eleven members, including:

       (1) the Chairman of the South Carolina Confederate Relic Room and Military Museum or his designee, to serve as chairman of the commission;

       (2) five members appointed by the Speaker of the House of Representatives; and

       (3) five members appointed by the President of the Senate.

    (D) The commission shall consult with the South Carolina Confederate Relic Room and Military Museum to determine and confirm the historical accuracy of the monument's engravings.

    (E) By January 15, 2025, the commission must report the proposed design and location of the monument to the State House Committee for its approval.

    (F) The commission is dissolved on January 15, 2028. The commission must be dissolved earlier if the monument is dedicated and the final report is made before the dissolution date. If the Robert Smalls Monument has not been dedicated by January 15, 2028, the powers, duties, and responsibilities of the commission must be transferred to the State House Committee.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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