H 3168 Session 111 (1995-1996)
H 3168 General Bill, By Cooper, Delleney, Knotts, Meacham, Seithel and Simrill
A Bill to compel a binding a statewide referendum at the time of the 1996
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 so as to authorize the
flying of certain flags on the flagpole on the State House which in only
effective if the question presented in the referendum receives a favorable
majority of those votes cast.
12/21/94 House Prefiled
12/21/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-66
01/10/95 House Referred to Committee on Judiciary HJ-67
A BILL
TO COMPEL A BINDING STATEWIDE REFERENDUM AT
THE TIME OF THE 1996 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 SO AS TO AUTHORIZE THE FLYING OF CERTAIN
FLAGS ON THE FLAGPOLE ON THE STATE HOUSE WHICH
IS ONLY 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), entitled in this section as the Confederate Battle Flag,
must be flown on the flagpole atop the State House and 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 may be displayed in
these locations nor atop or within any other building owned by the
State or political subdivision thereof.
(B) The Division of General Services of the Budget and Control
Board, or its successor in interest, shall ensure that the flags
authorized above must be placed at all times as directed in this
section and 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 or repair of the State House, or
both, or the respective chambers of the General Assembly and the
flags must be returned upon completion of the work.
(C) The Confederate Battle 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 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.
(D) 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 must be reduced proportionately."
SECTION 2. A statewide referendum must be held at the same
time as the 1996 general election to ascertain the wishes of the
qualified electors of this State as to whether the Confederate Battle
Flag referenced in Section 1 must 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 1996. 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 1996
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, do 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. If
the vote is favorable, the effective date of Section 10-1-165 is the
date of certification.
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