S 1061 Session 110 (1993-1994)
S 1061 General Bill, By Courson, Giese, McConnell, J.V. Smith and Wilson
A Bill to compel a binding statewide referendum at the time of the 1994
General Election to ascertain the wishes of the voters as to whether the
Confederate Battle Flag known as the Battle Flag of the Army of Northern
Virginia shall be displayed atop and within the State House 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 which shall only be
effective if the question presented in the referendum receives a favorable
majority of those votes cast.
01/19/94 Senate Introduced and read first time SJ-8
01/19/94 Senate Referred to Committee on Judiciary SJ-8
A BILL
TO COMPEL A BINDING STATEWIDE REFERENDUM AT THE TIME
OF THE 1994 GENERAL ELECTION TO ASCERTAIN THE WISHES OF
THE VOTERS AS TO WHETHER THE CONFEDERATE BATTLE FLAG
KNOWN AS THE BATTLE FLAG OF THE ARMY OF NORTHERN
VIRGINIA SHALL BE DISPLAYED ATOP AND WITHIN THE STATE
HOUSE 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 WHICH SHALL ONLY
BE EFFECTIVE IF THE QUESTION PRESENTED IN THE
REFERENDUM RECEIVES A FAVORABLE MAJORITY OF THOSE
VOTES CAST.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 10 of the 1976 Code is amended by adding:
"Section 10-1-165. (A) In addition to the flag of the United
States of America and the State Flag of South Carolina, the Battle Flag of
the Army of Northern Virginia (General Robert E. Lee's Army), herein
entitled the Confederate Battle Flag, shall be flown on the flagpole atop the
State House and shall be displayed above the rostrum in the chambers of
the House of Representatives and the Senate of this State and in the front
ground floor foyer of the State House. No other flag shall be displayed in
these locations nor atop or within any other building owned by the State or
political subdivision thereof.
The Division of General Services of the Budget and Control Board, or
its successor in interest, shall ensure that the flags authorized above shall
be placed at all times as directed in this section and shall replace the flags
at appropriate intervals as may be necessary due to wear. The respective
entities may only remove the flags during times of renovation and/or repair
of the State House or the respective chambers of the General Assembly and
the flags shall be returned upon completion of any such work.
(B) The Confederate Battle Flag is square with a Greek Cross of blue,
edged with white, with thirteen equal five-pointed stars, upon a red field;
with the whole banner bordered in white. The total outside measurement
of the flag to be flown above the State House is fifty-one inches square,
inclusive of the white border. The blue arms of the cross are 7.5 inches
wide and the white border around the flag proper is 1.5 inches wide. The
stars are five-pointed, inscribed within a circle six inches in diameter, and
are uniform in size. There should be five eyelet holes in the hoist next to
the staff.
The Confederate Battle Flag displayed in the respective chambers and
the foyer referenced in subsection (A) must be the same in appearance as
the Confederate Battle Flag flown atop the State House, except that the
overall outside dimensions, inclusive of the border, shall be thirty-six
inches square, and the respective dimensions shall be reduced
proportionately."
SECTION 2. A statewide referendum must be held at the same time as the
1994 general election to ascertain the wishes of the qualified electors of
this State as to whether the Confederate Battle Flag referenced in Section
1 shall be flown above the State House and displayed in the chambers of the
House of Representatives and the Senate of this State and in the front
ground floor foyer of the State House. The State Election Commission
must place the question contained in Section 3 on the general election
ballot in November 1994. The state election laws shall apply to this
referendum, mutatis mutandis. The State Board of Canvassers shall publish
the results of the referendum and certify them to the Secretary of State.
SECTION 3. The question put before the voters at the 1994 referendum
shall read as follows:
"Do you favor flying the Confederate Battle Flag atop the State
House, in the respective chambers of the House of Representatives and the
Senate, and in the foyer of 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'."
SECTION 4. This act takes effect upon approval by the Governor.
However, the provisions of Section 10-1-165, as contained in Section 1,
shall not take effect unless the question in Section 3 receives a favorable
majority of those votes cast in the referendum and the results are certified
as provided in Section 2. In such event, the effective date of Section 10-1-165 shall be the date of certification.
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