South Carolina Legislature


 

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S 1194
Session 113 (1999-2000) 

S 1194 General Bill, By Drummond, Leventis, Anderson, Patterson, Land, Bryan, 
Richardson, Matthews, Washington, Hayes, Hutto, Saleeby, McGill, Rankin and 
Gregory

Similar(S 1177) A BILL TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-490 AND 1-11-500, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA AND TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS AND OTHER PUBLIC AREAS, TO ADD A NEW ARTICLE TO CHAPTER 11 OF TITLE 1, RELATING TO LEGAL HOLIDAYS FOR PERMANENT STATE EMPLOYEES, TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS, TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS, AND TO DESIGNATE THIS ACT AS THE SOUTH CAROLINA HISTORICAL MONUMENTS AND MEMORIALS PROTECTION ACT. 02/29/00 Senate Introduced and read first time SJ-8 02/29/00 Senate Referred to Committee on Judiciary SJ-8


A BILL

TO AMEND CHAPTER 11, TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 1-11-490 AND 1-11-500, SO AS TO PROVIDE FOR PERMANENT PLACEMENT OF THE UNITED STATES FLAG, THE SOUTH CAROLINA STATE FLAG AND THE SOUTH CAROLINA INFANTRY BATTLE FLAG OF THE CONFEDERATE STATES OF AMERICA AND TO PROVIDE FOR THE PROTECTION OF MEMORIALS, MONUMENTS, STREETS, PARKS AND OTHER PUBLIC AREAS, TO ADD A NEW ARTICLE TO CHAPTER 11 OF TITLE 1, RELATING TO LEGAL HOLIDAYS FOR PERMANENT STATE EMPLOYEES, TO AMEND SECTION 10-1-160, RELATING TO DISPLAY OF CERTAIN FLAGS, TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF CERTAIN PROVISIONS, AND TO DESIGNATE THIS ACT AS THE SOUTH CAROLINA HISTORICAL MONUMENTS AND MEMORIALS PROTECTION ACT.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Whereas, it is a proper endeavor for a society to remember and respect the symbols of its military history and the valor, sacrifice, and patriotism of all of its sons and daughters who fell in the terror of the War Between the States, and;

Whereas, it is also proper and fitting for a society to remember and respect its diversities and to honor and recognize the history and heritage and the many contributions of all of the citizenry of a society, and;

Whereas, it is remembrance and respect for the past that provides the path for mutual understanding and respect in the future, and;

Whereas, this act represents this spirit of mutual respect and understanding in that it is the deliberate product and final resolve yielding from the joint and combined efforts of the civil rights and state heritage organizations and the leadership of government, the General Assembly therefor declares that this act shall be known and cited as the `South Carolina Historical Monuments and Memorials Protection Act.'

SECTION 2. Chapter 11, Title 1 of the 1976 Code is amended by adding:

"Section 1-11-490. (A) Beginning on May 10, 2000 or sixty days after the effective date of this act, whichever occurs first, 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 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)]. This flag is to be located adjacent to the General Wade Hampton Monument on the State House grounds. The flagpole at this location may be up to fifteen feet in height so long as it does not exceed the height of the monument and it shall be enclosed in a historically decorative wrought iron fence.

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.

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 and the flags shall be returned upon completion of any such work.

The confederate flags displayed in the respective chambers of the General Assembly shall be transferred to the custody of the Department of Archives and History for preservation and display as the Department shall deem appropriate.

(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 one of its readings in each branch of the General Assembly.

Section 1-11-500. (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, or African-American History monuments or memorials erected on public property may be relocated, removed, disturbed, or altered. No street, park, preserve, reserve or other public area 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 or memorials.

(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 one of its readings in each branch of the General Assembly."

SECTION 3. Chapter 11 of Title 1 of the 1976 Code is amended by adding:

"Article 7

State Employee Holidays

Section 1-11-910. The first day of January, the third Monday in January, the third Monday in February, the tenth day of May, the last Monday of May, the Fourth day of July, the first Monday in September, the eleventh day of November, National Thanksgiving Day and the day after, and the twenty-fifth and twenty-sixth days of December in each year are legal holidays for all permanent state employees.

In January of each year, state employees may select in writing on a form provided by their employer one additional holiday from among the following: Robert E. Lee's birthday, January 19; Jefferson Davis' birthday, June 3, or, in the alternative, select a day of their choice. In addition to the above, all general election days are legal holidays for all permanent state employees.

The actual holidays and the holiday schedules of public colleges and universities, including technical colleges, may be different from the holidays herein above enumerated, provided however, that the actual holidays and the holiday schedules of public colleges and universities, including technical colleges, shall not exceed the number of holidays provided for in this section.

SECTION 4. 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 nor atop or within the common or public areas of any other building owned by the State or a political subdivision thereof except in museums and parks for historical exhibits. 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.

(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 one of its readings in each branch of the General Assembly."

SECTION 5. This act takes effect upon approval by the Governor.

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