South Carolina General Assembly
113th Session, 1999-2000

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Bill 1266


                    Current Status

Bill Number:                      1266
Ratification Number:              331
Act Number:                       292
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  20000321
Primary Sponsor:                  Ford
All Sponsors:                     Ford
Drafted Document Number:          l:\council\bills\ggs\22558cm00.doc
Date Bill Passed both Bodies:     20000518
Date of Last Amendment:           20000518
Governor's Action:                S
Date of Governor's Action:        20000523
Subject:                          Confederate Battle, State and U.S. Flags, 
                                  placement of; Buildings, State House; 
                                  Confederacy, Property, General Assembly


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20000606  Act No. A292
------  20000523  Signed by Governor
------  20000523  Ratified R331
House   20000518  Ordered enrolled for ratification
House   20000518  Conference Committee Report adopted    98 HCC
Senate  20000518  Conference Committee Report adopted    88 SCC
House   20000518  Conference powers granted,             98 HCC  Harrison
                  appointed Reps. to Committee of                Cotty
                  Conference                                     J. Smith
Senate  20000518  Conference powers granted,             88 SCC  J. Verne
                  Appointed Senators to Committee                Smith
                  of Conference                                  McConnell
                                                                 Jackson
Senate  20000518  Insists upon amendment
House   20000518  Non-concurrence in Senate amendment
Senate  20000517  House amendments amended,
                  returned to House with amendment
------  20000515  Scrivener's error corrected
House   20000511  Read third time, returned to Senate
                  with amendment
House   20000510  Amended, read second time
House   20000509  Amended, debate interrupted
                  by adjournment
House   20000503  Made Special Order under H.5028
House   20000502  Request for debate by Representative           Harrison
                                                                 Perry
                                                                 Campsen
                                                                 D. Smith
                                                                 Inabinett
                                                                 Mack
                                                                 Whipper
                                                                 Altman
                                                                 Harrell
                                                                 Barrett
                                                                 J. Hines
                                                                 R. Smith
                                                                 Davenport
                                                                 H. Brown
                                                                 Pinckney
                                                                 Parks
                                                                 J. Brown
                                                                 J.H. Neal
                                                                 Bales
                                                                 Sandifer
                                                                 Govan
                                                                 M. Hines
                                                                 Chellis
                                                                 Ott
House   20000502  Objection by Representative                    Fleming
                                                                 Cato
House   20000502  Request for debate by Representative           Cobb-Hunter
                                                                 Knotts
                                                                 Scott
                                                                 Clyburn
                                                                 kennedy
                                                                 Whatley
                                                                 Littlejohn
                                                                 Meacham-
                                                                 Richardson
                                                                 Kirsh
                                                                 Koon
House   20000426  Committee report: Favorable with       25 HJ
                  amendment
House   20000418  Introduced, read first time,           25 HJ
                  referred to Committee
Senate  20000413  Read third time, sent to House
                  with amendments
Senate  20000412  Made Special Order
Senate  20000412  Amended, read second time
Senate  20000406  Made Special Order
------  20000406  Scrivener's error corrected
Senate  20000405  Committee report: Favorable with       11 SJ
                  amendment
Senate  20000321  Introduced, read first time,           11 SJ
                  referred to Committee


              Versions of This Bill
Revised on April 5, 2000 - Word format
Revised on April 6, 2000 - Word format
Revised on April 12, 2000 - Word format
Revised on April 26, 2000 - Word format
Revised on May 9, 2000 - Word format
Revised on May 10, 2000 - Word format
Revised on May 15, 2000 - Word format
Revised on May 17, 2000 - Word format
Revised on May 18, 2000 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A292, R331, S1266)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-10-10 SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG, AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA, PROVIDE FOR THE REPLACEMENT OF THESE FLAGS AT APPROPRIATE INTERVALS AS MAY BE NECESSARY DUE TO WEAR, AND DEFINE THE TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS, SO AS TO PROVIDE FOR THE PLACEMENT OF ONLY THE UNITED STATES FLAG AND THE STATE FLAG ABOVE THE ROSTRUM IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND IN THE STATE HOUSE, AND DEFINE THE TERM "CHAMBERS" FOR PURPOSES OF THIS SECTION; TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS, AND OTHER PUBLIC AREAS; TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THESE PROVISIONS; TO PROVIDE THAT THE CONFEDERATE FLAGS (NAVAL JACK) REMOVED FROM THE ROSTRUM IN THE CHAMBERS OF THE HOUSE OF REPRESENTATIVES AND THE SENATE AND FROM THE DOME OF THE STATE HOUSE MUST BE PLACED AND PERMANENTLY DISPLAYED IN A SUITABLE LOCATION IN THE STATE MUSEUM; PROVIDE THAT ALL PAID IN FULL ORDERS FOR CONFEDERATE FLAGS PLACED WITH THE SERGEANT AT ARMS OF THE HOUSE AS OF MAY 31, 2000, MUST BE FILLED; BY ADDING SECTION 10-11-315 SO AS TO MAKE IT A MISDEMEANOR FOR A PERSON WILFULLY AND MALICIOUSLY TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY OR ATTEMPT TO DEFACE, VANDALIZE, DAMAGE, OR DESTROY ANY MONUMENT, FLAG, FLAG SUPPORT, MEMORIAL, STRUCTURE, OR FENCE LOCATED ON THE CAPITOL GROUNDS, AND PROVIDE A PENALTY FOR VIOLATIONS; AND PROVIDE A SEVERABILITY CLAUSE.

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

Removal and placement of Confederate Flag

SECTION 1. The 1976 Code is amended by adding:

"Section 1-10-10. (A) As of 12:00 noon on the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.

The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole.

The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.

From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.

(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

(C) The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."

Display of certain flags

SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:

"Section 10-1-160. (A) The United States flag and the State flag shall be flown daily, except in rainy weather, from a staff upon the State House, and shall be displayed above the rostrum in the chambers of the House of Representatives and the Senate and in the first floor north foyer of the State House. No other flag shall be displayed in these locations or atop the dome or roof, or within the foyers or common or public areas within the capitol building. The State Budget and Control Board shall purchase suitable flags for display at the State House locations and cause them to be displayed, the expense to be borne out of the funds appropriated to it.

(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

(C) The term 'chambers' of the House or Senate for purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."

Protection of monuments and memorials

SECTION 3. (A) No Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, Native American, or African-American History monuments or memorials erected on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, or altered. No street, bridge, structure, park, preserve, reserve, or other public area of the State or any of its political subdivisions dedicated in memory of or named for any historic figure or historic event may be renamed or rededicated. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments, memorials, or nameplates.

(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

Severability clause

SECTION 4. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words thereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

Flags above rostrum in chambers to be placed and displayed in State Museum

SECTION 5. The actual Confederate Flags (Naval Jack) removed from above the rostrum in the chambers of the House of Representatives and the Senate must be placed and permanently displayed in a suitable location in the State Museum.

Flag removed from dome of State House to be placed and displayed in State Museum

SECTION 6. The actual Confederate Flag (Naval Jack) which is flying on the effective date of this act and which is removed from the dome of the State House must be placed and permanently displayed in a suitable location in the State Museum.

House Sergeant at Arms to fill orders

SECTION 7. All orders for Confederate flags placed with the Sergeant at Arms of the House of Representatives and paid for in full as of May 31, 2000, must be filled.

Crime for defacing, etc., monuments on capitol grounds

SECTION 8. The 1976 Code is amended by adding:

"Section 10-11-315. It is unlawful for a person to wilfully and maliciously deface, vandalize, damage, or destroy or attempt to deface, vandalize, damage, or destroy any monument, flag, flag support, memorial, fence, or structure located on the capitol grounds and a person convicted of a violation of this section shall be punished pursuant to the provisions of Section 10-11-360."

Time Effective

SECTION 9. This act takes effect July 1, 2000.

Ratified the 23rd day of May, 2000.

Approved the 23rd day of May, 2000.

__________


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