South Carolina General Assembly
113th Session, 1999-2000
Journal of the House of Representatives


Printed Page 3972 . . . . . Wednesday, May 10, 2000

Wednesday, May 10, 2000
(Statewide Session)

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.

MOTION ADOPTED

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.

MESSAGE FROM THE SENATE

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,


Printed Page 3973 . . . . . Wednesday, May 10, 2000

Klauber, Knotts, Law, Leach, Limehouse, Littlejohn, Loftis, Martin, McKay, Perry, Quinn, Rice, Riser, Robinson, Rodgers, Sandifer, Sharpe, Simrill, D. Smith, R. Smith, Townsend, Tripp, Vaughn, Walker, Whatley, Witherspoon, Woodrum, Young-Brickell, Fleming, Kirsh, McGee and Meacham-Richardson: A BILL TO AMEND SECTION 59-40-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARTER SCHOOLS AND THE ADMISSION OF STUDENTS TO CHARTER SCHOOLS, SO AS TO PROVIDE THAT STATE FORMULA FUNDING FOR A CHARTER SCHOOL SHALL BE COMPUTED WITHOUT REGARD TO THE RACIAL COMPOSITION OF THE CHILDREN ELIGIBLE TO ATTEND THE SCHOOL AND TO DELETE A REQUIREMENT THAT CHARTER SCHOOL ENROLLMENT MAY NOT DIFFER FROM THE RACIAL COMPOSITION OF THE SCHOOL DISTRICT BY MORE THAN TEN PERCENT.

Very respectfully,
President
Received as information.

CONCURRENT RESOLUTION

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


Printed Page 3974 . . . . . Wednesday, May 10, 2000

BUCK MICKEL MEMORIAL SOUTHERN CONNECTOR IN GREENVILLE COUNTY THE "CHARLES P. WILLIMON INTERCHANGE".
The Concurrent Resolution was ordered referred to the Committee on Invitations and Memorial Resolutions.

CONCURRENT RESOLUTION

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.

CONCURRENT RESOLUTION

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,


Printed Page 3975 . . . . . Wednesday, May 10, 2000

Taylor, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley, Whipper, Wilder, Wilkes, Wilkins, Witherspoon, Woodrum and Young-Brickell: A CONCURRENT RESOLUTION RECOGNIZING AND HONORING MORRIS CHAPEL BAPTIST CHURCH OF GREENWOOD COUNTY ON THE JOYFUL OCCASION OF ITS ONE HUNDRED THIRTY-FIFTH ANNIVERSARY, AND WISHING THE PASTOR AND CHURCH MEMBERS A BRIGHT FUTURE AND MANY MORE YEARS OF SUCCESS, HAPPINESS, AND ACHIEVEMENTS.

The Concurrent Resolution was agreed to and ordered sent to the Senate.

CONCURRENT RESOLUTION

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.

CONCURRENT RESOLUTION

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.


Printed Page 3976 . . . . . Wednesday, May 10, 2000

INTRODUCTION OF BILLS

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.

RULE 5.12 WAIVED

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.


Printed Page 3977 . . . . . Wednesday, May 10, 2000

S. 1276 (Word version) -- Senator Hutto: A BILL TO AMEND SECTION 22-4-545(C), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE TRANSFER OF CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS COURT SO AS TO PROVIDE THAT THE CHIEF ADMINISTRATIVE JUDGE FOR THE COURT OF GENERAL SESSIONS SHALL RETAIN CERTAIN ADMINISTRATIVE SUPERVISION OVER CASES WHICH ARE TRANSFERRED TO MAGISTRATE'S COURT.
Referred to Committee on Judiciary

ROLL CALL

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

Printed Page 3978 . . . . . Wednesday, May 10, 2000

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

STATEMENT OF ATTENDANCE

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

Total Present--121

STATEMENT OF ATTENDANCE

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.

LEAVE OF ABSENCE

The SPEAKER granted Rep. T. BROWN a leave of absence for the day due to a death in the family.

LEAVE OF ABSENCE

The SPEAKER granted Rep. RHOAD a temporary leave of absence.

SPECIAL PRESENTATION

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.


Printed Page 3979 . . . . . Wednesday, May 10, 2000

SPECIAL PRESENTATION

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.

SPECIAL PRESENTATION

Rep. SIMRILL presented to the House Pat Ramsey of Rock Hill, the current Miss Senior South Carolina.

SPECIAL PRESENTATION

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.

S. 1266--AMENDED AND INTERRUPTED DEBATE

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-


Printed Page 3980 . . . . . Wednesday, May 10, 2000

FLOOR FOYER OF THE STATE HOUSE, AND IN THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES.

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


Printed Page 3981 . . . . . Wednesday, May 10, 2000

actually lowered and removed pursuant to this act must be placed and permanently displayed in a suitable location in the State Museum. /
Renumber sections to conform.
Amend totals and title to conform.

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. /


Printed Page 3982 . . . . . Wednesday, May 10, 2000

Renumber sections to conform.
Amend title to conform.

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?

Yes   [ ]
No   [ ]

Printed Page 3983 . . . . . Wednesday, May 10, 2000

Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

(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.


Printed Page 3984 . . . . . Wednesday, May 10, 2000

Rep. FLEMING demanded the yeas and nays which were not ordered.

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


Printed Page 3985 . . . . . Wednesday, May 10, 2000

House 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 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. /
Renumber sections to conform.
Amend title to conform.

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:

Yeas 106; Nays 0

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

Printed Page 3986 . . . . . Wednesday, May 10, 2000

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

Total--106

Those who voted in the negative are:

Total--0

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.


Printed Page 3987 . . . . . Wednesday, May 10, 2000

Rep. EASTERDAY moved to table the amendment, which was agreed to.

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


Printed Page 3988 . . . . . Wednesday, May 10, 2000

President Pro Tempore and three members of the House of Representatives appointed by the Speaker of the House. The total outside measurement of the flag is to be fifty-two inches square." /
Amend title to conform.

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:


Printed Page 3989 . . . . . Wednesday, May 10, 2000

/ 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 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 will of the qualified electorate as to the questions contained in this section on the general election ballot in November, 2000, by allowing each qualified elector to select one of three options on his ballot. 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 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.


Printed Page 3990 . . . . . Wednesday, May 10, 2000

Rep. LOFTIS explained the amendment.
Rep. COTTY spoke against the amendment.

Rep. COTTY moved to table the amendment.

Rep. LOFTIS demanded the yeas and nays which were taken, resulting as follows:

Yeas 71; Nays 37

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

Total--71

Those who voted in the negative are:

Allison                Altman                 Barrett
Brown, H.              Cato                   Cooper
Dantzler               Davenport              Delleney

Printed Page 3991 . . . . . Wednesday, May 10, 2000

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

Total--37

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


Printed Page 3992 . . . . . Wednesday, May 10, 2000

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


Printed Page 3993 . . . . . Wednesday, May 10, 2000

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 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.

POINT OF ORDER

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:

Yeas 81; Nays 15


Printed Page 3994 . . . . . Wednesday, May 10, 2000

Those who voted in the affirmative are:
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

Total--81

Those who voted in the negative are:

Breeland               Gourdine               Govan
Hines, M.              Hosey                  Inabinett
Jennings               Lee                    Lloyd
Lourie                 Maddox                 Parks
Pinckney               Rutherford             Smith, J.

Total--15

So, the amendment was tabled.


Printed Page 3995 . . . . . Wednesday, May 10, 2000

Rep. J. SMITH proposed the following Amendment No. 74 (Doc Name COUNCIL\NBD\AMEND\12092AC00), which was tabled:
Amend the bill, as and if amended, by the Committee on Judiciary, Section 1-10-10(A), page 1266-2, line 24 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. 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?

Yes   [ ]
No   [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."


Printed Page 3996 . . . . . Wednesday, May 10, 2000

(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.


Printed Page 3997 . . . . . Wednesday, May 10, 2000

Rep. RICE demanded the yeas and nays which were taken, resulting as follows:

Yeas 66; Nays 42

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

Total--66

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

Printed Page 3998 . . . . . Wednesday, May 10, 2000

Robinson               Sandifer               Sharpe
Simrill                Smith, R.              Taylor
Townsend               Trotter                Vaughn
Walker                 Whipper                Witherspoon

Total--42

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


Printed Page 3999 . . . . . Wednesday, May 10, 2000

will of the qualified electorate as to the questions contained in this section on a ballot on September 12, 2000, by allowing each qualified elector to select one of three options on his ballot. 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 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:


Printed Page 4000 . . . . . Wednesday, May 10, 2000

"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.

POINT OF ORDER

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:

Yeas 31; Nays 80


Printed Page 4001 . . . . . Wednesday, May 10, 2000

Those who voted in the affirmative are:
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

Total--31

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

Printed Page 4002 . . . . . Wednesday, May 10, 2000

Wilder                 Wilkins                Witherspoon
Woodrum                Young-Brickell

Total--80

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.

QUESTION 1--ADOPTED

/ 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.

QUESTION 2--REJECTED

(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.


Printed Page 4003 . . . . . Wednesday, May 10, 2000

Rep. GOVAN proposed the following Amendment No. 66 (Doc Name COUNCIL\SKB\AMEND\18438SOM00), 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-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


Printed Page 4004 . . . . . Wednesday, May 10, 2000

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.
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.


Printed Page 4005 . . . . . Wednesday, May 10, 2000

Rep. MEACHAM-RICHARDSON proposed the following Amendment No. 75 (Doc Name NBD\AMEND\12097AC00), 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 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?

Yes   [ ]
No   [ ]
Those voting in favor of the question shall deposit a ballot with a check or cross mark in the square after the word 'Yes', and those voting against the question shall deposit a ballot with a check or cross mark in the square after the word 'No'."

(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:

Yeas 67; Nays 46


Printed Page 4006 . . . . . Wednesday, May 10, 2000

Those who voted in the affirmative are:
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

Total--67

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

Printed Page 4007 . . . . . Wednesday, May 10, 2000

Taylor                 Townsend               Trotter
Vaughn                 Walker                 Whatley
Young-Brickell

Total--46

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.

THE HOUSE RESUMES

At 2:45 p.m. the House resumed, Acting Speaker SANDIFER in the Chair.


Printed Page 4008 . . . . . Wednesday, May 10, 2000

POINT OF QUORUM

The question of a quorum was raised.
A quorum was later present.

SPEAKER IN CHAIR

LEAVE OF ABSENCE

The SPEAKER granted Rep. VAUGHN a leave of absence for the remainder of the day due to illness.

S. 1266--ORDERED TO THIRD READING

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):


Printed Page 4009 . . . . . Wednesday, May 10, 2000

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.

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."


Printed Page 4010 . . . . . Wednesday, May 10, 2000

(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.

AMENDMENT NO. 62--MOTION TO RECONSIDER TABLED

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.


Printed Page 4011 . . . . . Wednesday, May 10, 2000

SPEAKER PRO TEMPORE IN CHAIR

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:

Yeas 58; Nays 57

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

Total--58

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

Printed Page 4012 . . . . . Wednesday, May 10, 2000

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

Total--57

So, the amendment was tabled.

SPEAKER IN CHAIR

AMENDMENT NO. 82--MOTION TO RECONSIDER REJECTED

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:

Yeas 58; Nays 58

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

Printed Page 4013 . . . . . Wednesday, May 10, 2000

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

Total--58

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

Total--58

So, the House refused to table the motion to reconsider.

The question then recurred to the motion to reconsider.


Printed Page 4014 . . . . . Wednesday, May 10, 2000

Rep. HAWKINS demanded the yeas and nays which were taken, resulting as follows:

Yeas 58; Nays 61

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

Total--58

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

Printed Page 4015 . . . . . Wednesday, May 10, 2000

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

Total--61

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:

Yeas 36; Nays 81

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

Total--36


Printed Page 4016 . . . . . Wednesday, May 10, 2000

Those who voted in the negative are:
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

Total--81

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:

Yeas 8; Nays 89


Printed Page 4017 . . . . . Wednesday, May 10, 2000

Those who voted in the affirmative are:
Allen                  Bowers                 Clyburn
Emory                  Gourdine               Kennedy
Moody-Lawrence         Smith, J.

Total--8

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

Total--89


Printed Page 4018 . . . . . Wednesday, May 10, 2000

So, the House refused to adjourn.

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


Printed Page 4019 . . . . . Wednesday, May 10, 2000

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 west side of the mall.

(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


Printed Page 4020 . . . . . Wednesday, May 10, 2000

funds appropriated for that purpose or from any funds appropriated to the Budget and Control Board. /
Renumber sections to conform.
Amend totals and title to conform.

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.

SPEAKER PRO TEMPORE IN CHAIR

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.

SPEAKER IN CHAIR

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.

SPEAKER PRO TEMPORE IN CHAIR

Rep. SHEHEEN continued speaking.
Rep. SHEHEEN spoke in favor of the amendment.


Printed Page 4021 . . . . . Wednesday, May 10, 2000

SPEAKER IN CHAIR

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:

Yeas 82; Nays 35

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

Printed Page 4022 . . . . . Wednesday, May 10, 2000

Whipper                Wilkins                Witherspoon
Young-Brickell

Total--82

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

Total--35

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:

Yeas 50; Nays 69

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

Printed Page 4023 . . . . . Wednesday, May 10, 2000

McGee                  McKay                  Quinn
Riser                  Rodgers                Sandifer
Sharpe                 Smith, D.              Smith, R.
Stille                 Taylor                 Townsend
Walker                 Webb                   Wilkins
Witherspoon            Woodrum

Total--50

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

Total--69

So, cloture was not ordered.


Printed Page 4024 . . . . . Wednesday, May 10, 2000

HOUSE TO MEET AT 9:30 A.M. TOMORROW

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:

Yeas 79; Nays 33


Printed Page 4025 . . . . . Wednesday, May 10, 2000

Those who voted in the affirmative are:
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

Total--79

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

Printed Page 4026 . . . . . Wednesday, May 10, 2000

Rutherford             Scott                  Smith, F.
Smith, J.              Whipper                Wilkes

Total--33

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:


Printed Page 4027 . . . . . Wednesday, May 10, 2000

"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.


Printed Page 4028 . . . . . Wednesday, May 10, 2000

SECTION   5.   This act takes effect July 1, 2000. /
Renumber sections to conform.
Amend title to conform.

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:

"Article 3
South Carolina Heritage Act of 2000

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


Printed Page 4029 . . . . . Wednesday, May 10, 2000

(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;


Printed Page 4030 . . . . . Wednesday, May 10, 2000

(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 /


Printed Page 4031 . . . . . Wednesday, May 10, 2000

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, 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:

"Article 3
South Carolina Heritage Act of 2000

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;


Printed Page 4032 . . . . . Wednesday, May 10, 2000

(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.


Printed Page 4033 . . . . . Wednesday, May 10, 2000

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.


Printed Page 4034 . . . . . Wednesday, May 10, 2000

Rep. SHARPE demanded the yeas and nays which were taken, resulting as follows:

Yeas 62; Nays 47

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

Total--62

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

Printed Page 4035 . . . . . Wednesday, May 10, 2000

Pinckney               Quinn                  Rhoad
Rice                   Riser                  Robinson
Rutherford             Sandifer               Sharpe
Smith, F.              Townsend               Trotter
Whatley                Whipper

Total--47

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."


Printed Page 4036 . . . . . Wednesday, May 10, 2000

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.


Printed Page 4037 . . . . . Wednesday, May 10, 2000

(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;


Printed Page 4038 . . . . . Wednesday, May 10, 2000

(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,


Printed Page 4039 . . . . . Wednesday, May 10, 2000

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

(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:

Yeas 63; Nays 54

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

Printed Page 4040 . . . . . Wednesday, May 10, 2000

Rodgers                Sandifer               Seithel
Smith, D.              Smith, J.              Smith, R.
Stille                 Taylor                 Townsend
Walker                 Webb                   Wilkes
Wilkins                Witherspoon            Woodrum

Total--63

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

Total--54

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


Printed Page 4041 . . . . . Wednesday, May 10, 2000

Section 10-1-161, 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./
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 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:

Yeas 58; Nays 56

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.

Printed Page 4042 . . . . . Wednesday, May 10, 2000

Smith, J.              Tripp                  Webb
Whipper                Wilkes                 Wilkins
Witherspoon

Total--58

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

Total--56

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:


Printed Page 4043 . . . . . Wednesday, May 10, 2000

"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.

SPEAKER PRO TEMPORE IN CHAIR

Rep. WILKINS spoke in favor of the Bill.

Rep. CATO moved to divide the question.

POINT OF ORDER

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.

SPEAKER IN CHAIR

Rep. HOWARD spoke against the Bill.
Rep. CARNELL spoke in favor of the Bill.
Rep. G. BROWN spoke in favor of the Bill.

SPEAKER PRO TEMPORE IN CHAIR

Rep. RUTHERFORD spoke against the Bill.
Rep. EASTERDAY spoke in favor of the Bill.
Rep. JENNINGS spoke in favor of the Bill.

SPEAKER IN CHAIR

Rep. JENNINGS continued speaking.
Rep. WILKES spoke in favor of the Bill.
Rep. GOVAN spoke against the Bill.


Printed Page 4044 . . . . . Wednesday, May 10, 2000

SPEAKER PRO TEMPORE IN CHAIR

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.

SPEAKER IN CHAIR

The question then recurred to the passage of the Bill.

Pursuant to Rule 7.7 the Yeas and Nays were taken resulting as follows:

Yeas 63; Nays 56

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

Printed Page 4045 . . . . . Wednesday, May 10, 2000

Whatley                Wilder                 Wilkes
Wilkins                Witherspoon            Woodrum

Total--63

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

Total--56

So, the Bill, as amended, was read the second time and ordered to third reading.

RECORD FOR VOTING

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


Printed Page 4046 . . . . . Wednesday, May 10, 2000

RECORD FOR VOTING

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.


Printed Page 4047 . . . . . Wednesday, May 10, 2000

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

RECORD FOR VOTING

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.

Reason to Support Flag Proposal

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


Printed Page 4048 . . . . . Wednesday, May 10, 2000

and United States Flags meet this criterion; they are therefore the only flags that should fly. This is so elementary it's easily overlooked amidst the hype and emotion, but this is clearly the principle whereby bodies politic determine which flags fly over their capitols.

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


Printed Page 4049 . . . . . Wednesday, May 10, 2000

heed the call of the senior statesmen of the 1962 General Assembly and support the measure as the most appropriate way to honor our heritage, while at the same time reserving our Capitol for flags of sovereign governments. Reasonable people can agree upon that.
Rep. Chip Campsen

RECORD FOR VOTING

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

HOUSE TO MEET AT 10:00 A.M. TOMORROW

Rep. HASKINS moved that when the House adjourns it adjourn to meet at 10:00 a.m. tomorrow, which was agreed to.


Printed Page 4050 . . . . . Wednesday, May 10, 2000

Rep. SHEHEEN moved that the House do now adjourn, which was agreed to.

ADJOURNMENT

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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