S 1 Session 111 (1995-1996)
S 0001 General Bill, By McConnell, Courson, Elliott and J.V. Smith
Similar(S 60, H 3304)
A Bill to compel a binding statewide referendum at the 1996 general election
to ascertain the wishes of the voters as to (1) whether 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) shall be
displayed atop and within the State House; (2) whether the "South Carolina
Heritage Act of 1996" shall be enacted to provide for the removal of the
Confederate Battle Flag from atop the State House and the permanent placement
of the Confederate Battle Flag on the State House grounds and to create a
Commission to establish and erect a civil rights monument on the grounds of
the Capital Complex; (3) whether the Confederate Battle Flag shall be removed
from atop and within the State House. The option which receives the greatest
number of votes cast in the referendum shall take effect.
09/19/94 Senate Prefiled
09/19/94 Senate Referred to Committee on Judiciary
09/19/94 Senate Introduced and read first time SJ-9
01/10/95 Senate Referred to Committee on Judiciary SJ-9
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: (1)
WHETHER 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)] SHALL BE
DISPLAYED ATOP AND WITHIN THE STATE HOUSE; (2)
WHETHER THE "SOUTH CAROLINA HERITAGE ACT
OF 1996" SHALL BE ENACTED TO PROVIDE FOR THE
REMOVAL OF THE CONFEDERATE BATTLE FLAG FROM
ATOP THE STATE HOUSE AND THE PERMANENT
PLACEMENT OF THE CONFEDERATE BATTLE FLAG ON
THE STATE HOUSE GROUNDS AND TO CREATE A
COMMISSION TO ESTABLISH AND ERECT A CIVIL RIGHTS
MONUMENT ON THE GROUNDS OF THE CAPITOL
COMPLEX; OR (3) WHETHER THE CONFEDERATE BATTLE
FLAG SHALL BE REMOVED FROM ATOP AND WITHIN THE
STATE HOUSE. THE OPTION WHICH RECEIVES THE
GREATEST NUMBER OF VOTES CAST IN THE
REFERENDUM SHALL TAKE EFFECT.
Be it enacted by the General Assembly of the State of South
Carolina:
Part I
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
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)] 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.
(B) The South Carolina Infantry Battle Flag of the Confederate
States of America 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 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. This flag may be larger than
described above as may be aesthetically necessary.
(C) The South Carolina Infantry Battle Flag of the Confederate
States of America displayed in the respective chambers of the
General Assembly and the foyer of the State House must be the
same in appearance as the 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. This flag may be larger than described
above as may be aesthetically necessary.
(D) No flag other than those specified in subsection (A) shall be
displayed atop or within the State House nor atop or within any
other building owned by the State or political subdivision thereof.
(E) 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.
SECTION 2. Part I only takes effect if choice (A) receives a
greater number of votes cast in the referendum held pursuant to Part
IV, than Part II or Part III below.
Part II
SECTION 3. Chapter 1, Title 10 of the 1976 Code is amended by
adding:
"Article 3
South Carolina Heritage Act of 1996
Section 10-1-200. This article may be cited as the `South
Carolina Heritage Act of 1996.'
Section 10-1-210. The Confederate Battle Flag is a symbol of
American History, heritage, and honor. Over 70,000 South
Carolinians served under this banner during the War Between the
States from 1861 to 1865. These soldiers, sailors, and marines of
the Confederacy fought for the American principle of self-government and in defense of their
homes, families, and country.
They served their state under great hardships, and won the
admiration of the world by their courageous fight against an enemy
overwhelming in numbers and resources. Despite their hardships
and personal sacrifices, these men took consolation in the belief that
they would not be forgotten by their state or people.
The Confederate Battle Flag is displayed as provided in this act
in a proper and fitting location at the State House as tribute to all
those individuals who honorably served the Confederate States
armed forces, and most particularly to the nearly 20,000 South
Carolinians who made the supreme sacrifice for their state and
beliefs. Its display affirms, as no mere words can, that those who
answered their country's call to duty are indeed not forgotten. The
Battle Flag also reminds all of us of our rich history as South
Carolinians, and of the heritage of valor, patriotism, devotion to
duty, and the spirit of self-sacrifice bequeathed to all of us by these
Confederate ancestors--men and women, rich and poor, famous and
unknown, white and black. When we as a people no longer admire
and pay tribute to these traditions, we will no longer remain a free
and great nation.
This act affirms that the Confederate Battle Flag is displayed as a
testimonial to our shared history and heritage as South Carolinians,
Southerners, and Americans. In this display, the Battle Flag is not
only given its proper place as a historic symbol, but becomes a
statement that we today understand its true meaning and refute
those who would misuse this proud emblem for the wrong reasons.
Also in this way, the Confederate Battle Flag becomes a sublime
symbol, not only of the memory of our ancestors and their courage
and honor, but an affirmation of our identity as a people who have
a past worth remembering and the courage to face the future.
Section 10-1-220. 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. Effective December 13, 1996, and continuously thereafter,
the only flags that will fly atop the dome of the State House will be
the United States Flag and the South Carolina State Flag.
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)] shall 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 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. This flag may be larger than described
above as may be aesthetically necessary.
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 shall measure approximately four feet by
six feet, but may be larger as aesthetically necessary.
Neither 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]) nor the First
National Flag of the Confederacy (Stars and Bars) may be removed
from their respective places on the State House grounds without
two-thirds vote of each branch of the General Assembly.
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 only be removed
during times of renovation and/or repair of the State House and the
flags shall be returned upon completion of any such work.
The South Carolina Department of Archives and History shall
catalogue all of the existing monuments, markers, or memorials
located on public property of the State of South Carolina or its
political subdivisions or any and all streets, highways, or parks
honoring the memory of the Confederacy or individuals who served
in the Confederate Army, Navy, and Marine Corps or the Women
of the Confederacy or the memory of the civil rights struggle or
individuals who participated in such struggle.
Section 10-1-230. A Civil Rights Monument Commission is
hereby created to design and establish an appropriate monument to
be placed on the grounds of the Capitol Complex to honor and
recognize the efforts made to afford and guarantee equal rights and
opportunities for all South Carolinians irrespective of race or ethnic
origin. The commission is empowered and directed to raise private
funds, to receive gifts and grants to carry out the purpose for which
it is created, and to designate the location of the monument. By
May 1, 1997, the commission shall report the proposed design and
location of the monument to the General Assembly for approval.
Upon the dedication of this monument, the commission shall
dissolve. Upon dissolution, the State shall ensure proper
maintenance of the monument as is done for other historical
monuments on the grounds of the Capitol Complex.
Three members must be appointed by the President Pro Tempore
of the Senate and three members must be appointed by the Speaker
of the House of Representatives. Notwithstanding Section 8-13-770, members of the General
Assembly may be appointed to this
commission. The President Pro Tempore and the Speaker of the
House of Representatives shall appoint a seventh member as
chairman who shall vote only in cases of a tie.
Members of the commission may receive per diem and
subsistence from the respective approved accounts of each body
while attending meetings of the commission. All other expenses
relating to the establishment and placement of the monument shall
be paid for from funds derived as provided in the first paragraph of
this section.
Section 10-1-240. No monument, marker, or memorial located
on public property of the State or its political subdivisions or any
street, highway, or park honoring the memory of the Confederacy
or individuals who served in the Confederate Army, Navy, and
Marine Corps or the Women of the Confederacy or the memory of
the civil rights struggle or individuals who participated in such
struggle may be removed or renamed without two-thirds vote of
each branch of the General Assembly.
Section 10-1-250. As provided by the rules of the respective
bodies, a statement shall be placed in the Journals of the House of
Representatives and the Senate explaining the heritage represented
by the Battle Flags of the Confederacy as military banners and that
they are displayed as such and are not racist emblems per se."
SECTION 4. Sections 10-1-10 through 10-1-175 are designated
as Article 1, entitled "General Provisions."
SECTION 5. Part II only takes effect if choice (B) receives a
greater number of votes cast in the referendum held pursuant to Part
IV, than Part I above or Part III below.
Part III
SECTION 6. Section 10-1-160 of the 1976 Code is amended to
read:
"Section 10-1-160. The United States flag and the
State flag shall be displayed 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 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 except in museums and parks for
historical exhibits and as may be directed in each chamber of the
General Assembly by the respective body that sits in its
chamber. 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."
SECTION 7. The Confederate 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.
SECTION 8. Part III only takes effect if choice (C) receives a
greater number of votes cast in the referendum held pursuant to Part
IV, than Part I or Part II above.
Part IV
SECTION 9. 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 either Part I, Part II, or
Part III above shall become effective. The State Election
Commission must place the question contained in Section 10 on the
general election ballot in November 1996. The state election laws
shall apply to this referendum, mutatis mutandis, except as provided
in Section 10. The State Board of Canvassers shall publish the
results of the referendum and certify them to the Secretary of State.
SECTION 10. Notwithstanding any other provision of law, the
State Election Commission shall structure the referendum question
in a manner such that the voter shall be able to vote for only one of
the choices listed below:
(A) I favor flying 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)] atop the State
House, in the respective chambers of the House of Representatives
and the Senate, and in the foyer of the State House;
(B) I favor the South Carolina Heritage Act which provides for
the relocation of the Confederate Battle Flag from atop the State
House to a permanent placement on the State House grounds, along
with the First National Flag of the Confederacy (Stars and Bars),
and which creates a commission to establish and erect a Civil
Rights Monument on the grounds of the capitol complex; or
(C) I favor the removal of the Confederate Flag from atop the
State House, from the respective chambers of the House of
Representatives and the Senate, and from the foyer of the State
House.
SECTION 11. Part IV of this act takes effect upon approval by
the Governor and either Part I, Part II, or Part III of this act will
take effect as provided herein. Among the choices (A), (B), and
(C) listed in Section 10, only the choice (and the related Part of this
act) that receives the greatest number of votes cast in the
referendum after the results are certified as provided in Section 8
shall take effect. In such event, the effective date of the Part shall
be the date of certification.
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