Current Status Bill Number:4482 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19980122 Primary Sponsor:Cromer All Sponsors:Cromer Drafted Document Number:egm\18656djc.98 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Property, state-owned; Buildings, State House; Flags, Confederate, Confederacy monuments, memorials
Body Date Action Description Com Leg Involved
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House 19980122 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-171 SO AS TO PROVIDE FOR THE PLACEMENT OF CERTAIN SYMBOLS ON THE GROUNDS OF THE CAPITOL COMPLEX AND WITHIN THE STATE HOUSE, TO DESCRIBE THE CONFEDERATE BATTLE FLAG AND THE FIRST NATIONAL FLAG OF THE CONFEDERACY, AND TO PROVIDE FOR THEIR SUITABLE LOCATION OR RELOCATION ON THE GROUNDS OF THE CAPITOL COMPLEX; AND BY ADDING SECTION 10-1-172 SO AS TO PROVIDE THAT NO MONUMENT, MARKER, FLAG, OR MEMORIAL LOCATED ON PUBLIC PROPERTY OF THIS STATE OR ANY OF ITS POLITICAL SUBDIVISIONS OR LOCATED ON ANY PUBLIC STREET, HIGHWAY, OR PARK HONORING THE MEMORY OF THE CONFEDERACY, INDIVIDUALS WHO SERVED IN THE CONFEDERATE ARMED FORCES, OR THE WOMEN OF THE CONFEDERACY, OR HONORING THE CIVIL RIGHTS STRUGGLE OR INDIVIDUALS WHO PARTICIPATED IN THIS STRUGGLE, MAY BE REMOVED OR RENAMED WITHOUT A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY OR WITHOUT A TWO-THIRDS VOTE OF THE LOCAL ENTITY OR BODY HAVING JURISDICTION OVER THE MONUMENT, MARKER, FLAG, OR MEMORIAL.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 10 of the 1976 Code is amended by adding:
"Section 10-1-171. To honor and recognize the history and heritage of this State and the many contributions of its diverse citizenry, it is necessary and appropriate to codify the placement of certain symbols on the Capitol Complex and within the State House which salute the contributions and sacrifices to our constitutional history. Upon the effective date of this Act, and continuously thereafter, the Confederate Flag atop the State House must be relocated as provided in this section.
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)) must be displayed at the Confederate Soldier's Monument on the State House grounds. This flag is square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field; with the whole banner bordered in white. The total outside measurement of the flag is to be fifty-two inches square, inclusive of the white border. The blue arms of the cross are seven and one-half inches wide and the white border around the flag proper is one and one-half inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size. This flag may be larger than described above as may be aesthetically necessary.
The first national flag of the Confederacy (Stars and Bars) must be displayed at the Women's Monument to the Confederacy on the State House grounds and shall measure approximately three feet by five feet or larger as aesthetically required.
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 be removed only during times of renovation and repair of the State House and the flags must be returned upon completion of any such work."
SECTION 2. Chapter 1, Title 10 of the 1976 Code is amended by adding:
"Section 10-1-172. Notwithstanding any other provision of law, no monument, marker, flag, or memorial located on public property of this state or any of its political subdivisions or located on any public street, highway, or park honoring the memory of the Confederacy, individuals who served in the confederate armed forces, or the women of the Confederacy, or honoring the civil rights struggle or individuals who participated in this struggle, may be removed or renamed without a two-thirds vote of each house of the General Assembly or without a two-thirds vote of the local entity or body having jurisdiction over the monument, marker, flag, or memorial."
SECTION 3. This act takes effect upon approval by the Governor.