H 4584 General Bill, By Cooper, H. Brown, Cato, R.C. Fulmer, H.M. Hallman, 
Harrell, P.B. Harris, Knotts, Limehouse, Quinn, S.S. Wofford and Young-Brickell
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 10-1-210 so as to make it unlawful to disturb or interfere or remove monuments
 or memorials for war veterans and provide a penalty.

   02/08/96  House  Introduced and read first time HJ-4
   02/08/96  House  Referred to Committee on Education and Public
                     Works HJ-4
   04/18/96  House  Committee report: Favorable Education and Public
                     Works HJ-2
   04/23/96  House  Read second time HJ-65
   04/24/96  House  Read third time and sent to Senate HJ-15
   04/24/96  Senate Introduced and read first time SJ-42
   04/24/96  Senate Referred to Committee on General SJ-42
   05/15/96  Senate Committee report: Favorable General SJ-17
   05/16/96  Senate Amended SJ-77
   05/16/96  Senate Read second time SJ-77
   05/16/96  Senate Unanimous consent for third reading on next
                     legislative day SJ-79
   05/17/96  Senate Read third time and returned to House with
                     amendments SJ-1
   05/23/96  House  Debate interrupted HJ-60
   05/23/96  House  Debate adjourned on amendments HJ-80
   05/28/96  House  Debate adjourned on Senate amendments until
                     Wednesday, May 29, 1996 HJ-94
   05/29/96  House  Debate adjourned until Thursday, May 30, 1996 HJ-119
   05/30/96  House  Continued HJ-24

May 16, 1996

H. 4584

Introduced by REPS. Cooper, H. Brown, Fulmer, Knotts, Young-Brickell, Wofford, Hallman, Quinn, Cato, P. Harris, Harrell and Limehouse

S. Printed 5/16/96--S.

Read the first time April 24, 1996.

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-210 SO AS TO MAKE IT UNLAWFUL TO DISTURB OR INTERFERE OR REMOVE MONUMENTS OR MEMORIALS FOR WAR VETERANS AND PROVIDE A PENALTY.

Amend Title To Conform

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

SECTION 1. The 1976 Code is amended by adding:

"Section 10-1-210. (A) After the erection of 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, and African-American History monuments or memorials upon public property, they may not be removed, disturbed, or altered. 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) Any person violating the provisions of this section is guilty of a misdemeanor, and upon conviction, must be fined not more than five thousand dollars, or imprisoned for more than one year, or both."

SECTION 2. A. There is hereby established on the grounds of the State House an African-American History Monument. The design and placement of the monument shall be determined by the commission appointed pursuant to subsection B of this section. 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. (1) An African-American History Monument Commission is created to determine the design of the monument and to determine the placement of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. By January 1, 1997, the commission shall report the proposed design of the monument to the State House Committee for its approval. After action by the committee approving the design, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in subsection A of this section. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.

Four members must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and one of the members appointed by the Speaker must be a member of the House of Representatives.

Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.

(2) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum would collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than January 1, 1997, with a final report and recommendations due as soon as practicable thereafter.

(3) The commission established pursuant to this section is dissolved on the later of the dedication of the African-American History Monument or the final report of the commission on the feasibility of establishing an African-American History Museum.

C. The monument placed on the State House grounds pursuant to this section shall receive the protections from removal, disturbance, or alteration provided in Section 10-1-210 and the penalty provided therein shall apply with respect to a removal, disturbance, or alteration to the monument erected pursuant to authority granted in this section.

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