H 4620 General Bill, By Mitchell, King, Hart, Gilliard, Henegan, M.S. McLeod, 
Whipper and R.L. Brown
 A BILL TO AMEND SECTION 1-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO FLAGS AUTHORIZED TO BE FLOWN ATOP THE STATE HOUSE DOME, IN
 CHAMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES, AND ON THE GROUNDS OF THE
 CAPITOL COMPLEX, SO AS TO DELETE THE REQUIREMENT THAT AN AMENDMENT OR REPEAL
 OF A PROVISION OF AN ACT RELATING TO THE REMOVAL OF A FLAG AUTHORIZED BY THIS
 SECTION MUST RECEIVE A TWO-THIRDS VOTE ON THE THIRD READING IN EACH BRANCH OF
 THE GENERAL ASSEMBLY; AND TO AMEND SECTION 10-1-165, RELATING TO THE
 PROTECTION OF CERTAIN MONUMENTS AND MEMORIALS, SO AS TO DELETE THE REQUIREMENT
 THAT AN AMENDMENT OR REPEAL OF A PROVISION OF AN ACT RELATING TO THE REMOVAL
 OF A FLAG AUTHORIZED BY THIS SECTION MUST RECEIVE A TWO-THIRDS VOTE ON THE
 THIRD READING IN EACH BRANCH OF THE GENERAL ASSEMBLY.

   01/12/16  House  Introduced and read first time (House Journal-page 113)
   01/12/16  House  Referred to Committee on Judiciary
                     (House Journal-page 113)
   02/04/16  House  Member(s) request name added as sponsor: Whipper,
                     R.L.Brown

TO AMEND SECTION 1-10-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FLAGS AUTHORIZED TO BE FLOWN ATOP THE STATE HOUSE DOME, IN CHAMBERS OF THE SENATE AND HOUSE OF REPRESENTATIVES, AND ON THE GROUNDS OF THE CAPITOL COMPLEX, SO AS TO DELETE THE REQUIREMENT THAT AN AMENDMENT OR REPEAL OF A PROVISION OF AN ACT RELATING TO THE REMOVAL OF A FLAG AUTHORIZED BY THIS SECTION MUST RECEIVE A TWO-THIRDS VOTE ON THE THIRD READING IN EACH BRANCH OF THE GENERAL ASSEMBLY; AND TO AMEND SECTION 10-1-165, RELATING TO THE PROTECTION OF CERTAIN MONUMENTS AND MEMORIALS, SO AS TO DELETE THE REQUIREMENT THAT AN AMENDMENT OR REPEAL OF A PROVISION OF AN ACT RELATING TO THE REMOVAL OF A FLAG AUTHORIZED BY THIS SECTION MUST RECEIVE A TWO-THIRDS VOTE ON THE THIRD READING IN EACH BRANCH OF THE GENERAL ASSEMBLY.

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

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

"Section 1-10-10.    (A)    As of 12:00 noon on the effective date of this act, 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. As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location 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) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole.

The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, 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 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.

From any 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 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.

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

(C)    The term 'chambers' of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag."

SECTION    2.    Section 10-1-165 of the 1976 Code is amended to read:

"Section 10-1-165.    (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, Native American, or African-American History monuments or memorials erected on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, or altered. No street, bridge, structure, park, preserve, reserve, or other public area of the State or any of its political subdivisions 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, memorials, or nameplates.

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

SECTION    3.    This act takes effect upon approval by the Governor.