H 4526 General Bill, By Wilkins, H. Brown, Cato, J.L.M. Cromer, Harrison, 
J.H. Hodges, Jennings, L.M. Martin, Sharpe, Sheheen, Spearman and D.A. Wright
 A Bill to amend Section 10-11-330, Code of Laws of South Carolina, 1976,
 relating to the crime of unauthorized entry into the Capitol building, so as
 to make the crime apply to any other building in which the General Assembly is
 meeting.

   01/31/96  House  Introduced and read first time HJ-10
   01/31/96  House  Referred to Committee on Judiciary HJ-10
   03/27/96  House  Committee report: Favorable Judiciary HJ-7
   03/28/96  House  Read second time HJ-68
   03/28/96  House  Unanimous consent for third reading on next
                     legislative day HJ-69
   03/29/96  House  Read third time and sent to Senate HJ-3
   04/02/96  Senate Introduced and read first time SJ-15
   04/02/96  Senate Referred to Committee on Judiciary SJ-15
   05/15/96  Senate Committee report: Favorable Judiciary SJ-15
   05/16/96  Senate Read second time SJ-38
   05/16/96  Senate Ordered to third reading with notice of
                     amendments SJ-38
   05/22/96  Senate Amended SJ-25
   05/22/96  Senate Read third time and returned to House with
                     amendments SJ-25
   05/28/96  House   Point of order-Senate amendments not printed and
                     on members' desks for 24 hours HJ-113
   05/29/96  House  Debate adjourned on Senate amendments until
                     Thursday, May 30, 1996 HJ-229
   05/30/96  House  Continued HJ-24

AS PASSED BY THE SENATE

May 22, 1996

H. 4526

Introduced by REPS. Wilkins, Sharpe, H. Brown, Harrison, Sheheen, Jennings, Martin, Cato, Cromer, Wright, Hodges and Spearman

S. Printed 5/22/96--S.

Read the first time April 2, 1996.

A BILL

TO AMEND SECTION 10-11-330, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CRIME OF UNAUTHORIZED ENTRY INTO THE CAPITOL BUILDING, SO AS TO MAKE THE CRIME APPLY TO ANY OTHER BUILDING IN WHICH THE GENERAL ASSEMBLY IS MEETING.

Amend Title To Conform

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

SECTION 1. Section 10-11-330 of the 1976 Code is amended to read:

"Section 10-11-330. (A) It shall be is unlawful for any person or group of persons willfully wilfully and knowingly:

(a) to enter or to remain within the capitol building or any other building in which the General Assembly or any of its committees or subcommittees is meeting, unless such the person is authorized by law or by rules of the House or Senate or of the State Budget and Control Board when such the entry is done for the purpose of uttering loud, threatening, and abusive language, or to engage in any disorderly or disruptive conduct with the intent to impede, disrupt, or disturb the orderly conduct of any session of the legislature, or the orderly conduct within the building or of any hearing before or any deliberation of any committee or subcommittee of the legislature;

(b) to obstruct or to impede passage within the capitol grounds or building or any other building in which the General Assembly is meeting;

(c) to engage in any act of physical violence upon the capitol grounds or within the capitol building or any other building in which the General Assembly is meeting; or

(d) to parade, demonstrate, or picket within the capitol building or any other building in which the General Assembly is meeting.

(B) In the State House or any other building in which the General Assembly is meeting, common areas available for use by the Senate, the House of Representatives, and members of the public shall be scheduled and approved jointly by the Clerk of the House and the Clerk of the Senate."

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 by law and any penalty provided 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.