H 4482 Session 112 (1997-1998)
H 4482 General Bill, By J.L.M. Cromer
A BILL TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PUBLIC BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-171 SO AS TO
PROVIDE FOR THE PLACEMENT OF CERTAIN SYMBOLS ON THE GROUNDS OF THE CAPITOL
COMPLEX AND WITHIN THE STATE HOUSE, TO DESCRIBE THE CONFEDERATE BATTLE FLAG
AND THE FIRST NATIONAL FLAG OF THE CONFEDERACY, AND TO PROVIDE FOR THEIR
SUITABLE LOCATION OR RELOCATION ON THE GROUNDS OF THE CAPITOL COMPLEX; AND BY
ADDING SECTION 10-1-172 SO AS TO PROVIDE THAT NO MONUMENT, MARKER, FLAG, OR
MEMORIAL LOCATED ON PUBLIC PROPERTY OF THIS STATE OR ANY OF ITS POLITICAL
SUBDIVISIONS OR LOCATED ON ANY PUBLIC STREET, HIGHWAY, OR PARK HONORING THE
MEMORY OF THE CONFEDERACY, INDIVIDUALS WHO SERVED IN THE CONFEDERATE ARMED
FORCES, OR THE WOMEN OF THE CONFEDERACY, OR HONORING THE CIVIL RIGHTS STRUGGLE
OR INDIVIDUALS WHO PARTICIPATED IN THIS STRUGGLE, MAY BE REMOVED OR RENAMED
WITHOUT A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY OR WITHOUT A
TWO-THIRDS VOTE OF THE LOCAL ENTITY OR BODY HAVING JURISDICTION OVER THE
MONUMENT, MARKER, FLAG, OR MEMORIAL.
01/22/98 House Introduced and read first time HJ-6
01/22/98 House Referred to Committee on Judiciary HJ-7
A BILL
TO AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS
AND PROPERTY, BY ADDING SECTION 10-1-171 SO AS TO
PROVIDE FOR THE PLACEMENT OF CERTAIN SYMBOLS ON
THE GROUNDS OF THE CAPITOL COMPLEX AND WITHIN
THE STATE HOUSE, TO DESCRIBE THE CONFEDERATE
BATTLE FLAG AND THE FIRST NATIONAL FLAG OF THE
CONFEDERACY, AND TO PROVIDE FOR THEIR SUITABLE
LOCATION OR RELOCATION ON THE GROUNDS OF THE
CAPITOL COMPLEX; AND BY ADDING SECTION 10-1-172 SO
AS TO PROVIDE THAT NO MONUMENT, MARKER, FLAG, OR
MEMORIAL LOCATED ON PUBLIC PROPERTY OF THIS
STATE OR ANY OF ITS POLITICAL SUBDIVISIONS OR
LOCATED ON ANY PUBLIC STREET, HIGHWAY, OR PARK
HONORING THE MEMORY OF THE CONFEDERACY,
INDIVIDUALS WHO SERVED IN THE CONFEDERATE
ARMED FORCES, OR THE WOMEN OF THE CONFEDERACY,
OR HONORING THE CIVIL RIGHTS STRUGGLE OR
INDIVIDUALS WHO PARTICIPATED IN THIS STRUGGLE,
MAY BE REMOVED OR RENAMED WITHOUT A
TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL
ASSEMBLY OR WITHOUT A TWO-THIRDS VOTE OF THE
LOCAL ENTITY OR BODY HAVING JURISDICTION OVER
THE MONUMENT, MARKER, FLAG, OR MEMORIAL.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 1, Title 10 of the 1976 Code is amended by
adding:
"Section 10-1-171. To honor and recognize the history and
heritage of this State and the many contributions of its diverse
citizenry, it is necessary and appropriate to codify the placement of
certain symbols on the Capitol Complex and within the State House
which salute the contributions and sacrifices to our constitutional
history. Upon the effective date of this Act, and continuously
thereafter, the Confederate Flag atop the State House must be
relocated as provided in this section.
The South Carolina infantry battle flag of the Confederate States of
America (the Battle Flag of the Army of Northern Virginia (General
Robert E. Lee's Army)) must be displayed at the Confederate
Soldier's Monument on the State House grounds. This flag is square
with a St. Andrews Cross of blue, edged with white, with thirteen
equal five-pointed stars, upon a red field; with the whole banner
bordered in white. The total outside measurement of the flag is to be
fifty-two inches square, inclusive of the white border. The blue arms
of the cross are seven and one-half inches wide and the white border
around the flag proper is one and one-half inches wide. The stars are
five-pointed, inscribed within a circle six inches in diameter, and are
uniform in size. This flag may be larger than described above as may
be aesthetically necessary.
The first national flag of the Confederacy (Stars and Bars) must be
displayed at the Women's Monument to the Confederacy on the State
House grounds and shall measure approximately three feet by five
feet or larger as aesthetically required.
The division of General services of the budget and control board,
or its successor in interest, shall ensure that the flags authorized
above shall be placed at all times as directed in this section and shall
replace the flags at appropriate intervals as may be necessary due to
wear. The respective flags may be removed only during times of
renovation and repair of the State House and the flags must be
returned upon completion of any such work."
SECTION 2. Chapter 1, Title 10 of the 1976 Code is amended by
adding:
"Section 10-1-172. Notwithstanding any other provision of law,
no monument, marker, flag, or memorial located on public property
of this state or any of its political subdivisions or located on any
public street, highway, or park honoring the memory of the
Confederacy, individuals who served in the confederate armed forces,
or the women of the Confederacy, or honoring the civil rights
struggle or individuals who participated in this struggle, may be
removed or renamed without a two-thirds vote of each house of the
General Assembly or without a two-thirds vote of the local entity or
body having jurisdiction over the monument, marker, flag, or
memorial."
SECTION 3. This act takes effect upon approval by the Governor.
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