South Carolina Legislature


 

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S 337
Session 114 (2001-2002) 

S 0337 General Bill, By Glover, Pinckney and Ford
 A BILL TO AMEND SECTION 10-1-178, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE AFRICAN-AMERICAN HISTORY MONUMENT, SO AS TO PROVIDE THAT AT
 THE DEDICATION OF THIS MONUMENT AND PERMANENTLY THEREAFTER THE BLACK
 LIBERATION FLAG MUST BE FLOWN FROM A FLAGPOLE TO BE ERECTED ON THE EAST SIDE
 OF THE MONUMENT, TO PROVIDE FOR THE REPLACEMENT OF THIS FLAG, AND TO ESTABLISH
 SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THIS SECTION.

   02/15/01  Senate Introduced and read first time SJ-8
   02/15/01  Senate Referred to Committee on Judiciary SJ-8
   03/07/01  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Judiciary SJ-14
   05/29/02  Senate Recommitted to Committee on Judiciary SJ-143



VERSIONS OF THIS BILL

March 7, 2001



Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

March 7, 2001

    S. 337

Introduced by Senators Glover, Pinckney and Ford

S. Printed 3/7/01--S.

Read the first time February 15, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (S. 337) to amend Section 10-1-178, Code of Laws of South Carolina, 1976, relating to the African-American History Monument, so as to provide that at the dedication, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass with amendment:

    Amend the bill, as and if amended, by striking all after the enacting words and inserting in lieu thereof the following:

    /    SECTION    1.    Section 10-1-178 of the 1976 Code is amended to read:

    "Section 10-1-178.    (A)    There is hereby established on the grounds of the State House an African-American History Monument. The design and location of the monument shall must be determined by the commission appointed pursuant to Section 10-1-179. The commission shall must make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall must be erected as soon as is reasonably possible after it the monument is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.

    (B)    The flag of the Universal Negro Improvement Association adopted in July 1918, also known as the Black Liberation Flag, must permanently fly at a height of thirty feet from a flagpole located at a point centered on the monument, not more than ten feet from the edge of the monument. This flag is the only flag authorized to be flown from this flagpole, and an appropriate size of the flag must be determined by the Budget and Control Board, Division of General Services. The flagpole must be illuminated at night and an appropriate decorative iron fenceNext must be erected around the flagpole.

    From funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board or its successor in interest must ensure that this flag is placed at all times as directed in this subsection and must replace flags at appropriate intervals as may be necessary due to wear.

    (C)    The provisions of this section may only be amended or repealed upon passage of an act which has received two-thirds vote on the third reading of the bill in each body of the General Assembly."

    SECTION    2.    This act takes effect upon approval by the Governor.    /

    Renumber sections to conform.

    Amend title to conform.

Majority favorable.    Minority unfavorable.

C. BRADLEY HUTTO    LARRY A. MARTIN

For Majority.    For Minority.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

Minimal (Some additional costs expected but can be absorbed)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

    The Office of General Services of the State Budget and Control Board estimates that the cost to place the Black Liberation Flag at the site of the monument should be less than $20,000, which can be absorbed within existing resources.

    Approved By:

    Don Addy

    Office of State Budget

A BILL

TO AMEND SECTION 10-1-178, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE AFRICAN-AMERICAN HISTORY MONUMENT, SO AS TO PROVIDE THAT AT THE DEDICATION OF THIS MONUMENT AND PERMANENTLY THEREAFTER THE BLACK LIBERATION FLAG MUST BE FLOWN FROM A FLAGPOLE TO BE ERECTED ON THE EAST SIDE OF THE MONUMENT, TO PROVIDE FOR THE REPLACEMENT OF THIS FLAG, AND TO ESTABLISH SPECIFIC VOTE REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF THIS SECTION.

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

SECTION    1.    Section 10-1-178 of the 1976 Code, as added by Act 457 of 1996, is amended to read:

    "Section 10-1-178.    (A)    There is hereby established on the grounds of the State House an African-American History Monument. The design and location of the monument shall be determined by the commission appointed pursuant to Section 10-1-179. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.

    (B)    Prior to the dedication of the African-American History Monument, a thirty-foot flagpole must be erected at a point centered on the east side of the monument no further than ten feet from the edge of the monument. At the dedication of the monument, the flag of the Universal Negro Improvement Association adopted in July 1918, also known as the Black Liberation Flag, must be raised on this flagpole and thereafter shall permanently fly. This flag is the only flag authorized to be flown from this flagpole and an appropriate size flag to be flown must be determined by the Budget and Control Board, Division of General Services. The flagpole must be illuminated at night and an appropriate decorative iron Previousfence must be erected around the flagpole.

    From funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board or its successor in interest shall ensure that this flag shall be placed at all times as directed in this subsection and shall replace flags at appropriate intervals as may be necessary due to wear.

    (C)    The provisions of this section may only be amended or repealed upon passage of an act which has received two-thirds vote on the third reading of the bill in each body of the General Assembly."

SECTION    2.    This act takes effect upon approval by the Governor.

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