H 3225 Session 112 (1997-1998)
H 3225 General Bill, By Townsend, Allison, Barrett, Cooper, Davenport, Hamilton,
Kelley, Leach, Littlejohn, Loftis, Martin, McKay, Meacham, Riser, Sandifer,
Stille, Stuart, Walker and Woodrum
Similar(H 3241, H 3278)
A BILL TO COMPEL A BINDING STATEWIDE REFERENDUM AT THE TIME OF THE 1998
GENERAL ELECTION TO ASCERTAIN THE WISHES OF THE VOTERS AS TO WHETHER THE
CONFEDERATE BATTLE FLAG KNOWN AS THE BATTLE FLAG OF THE ARMY OF NORTHERN
VIRGINIA SHALL BE DISPLAYED ATOP AND WITHIN THE STATE HOUSE AND TO AMEND
CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PUBLIC
BUILDINGS AND PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO AUTHORIZE THE
FLYING OF CERTAIN FLAGS ON THE FLAGPOLE ON THE STATE HOUSE WHICH IS ONLY
EFFECTIVE IF THE QUESTION PRESENTED IN THE REFERENDUM RECEIVES A FAVORABLE
MAJORITY OF THOSE VOTES CAST.
01/14/97 House Introduced and read first time HJ-84
01/14/97 House Referred to Committee on Judiciary HJ-84
A BILL
TO COMPEL A BINDING STATEWIDE REFERENDUM AT THE
TIME OF THE 1998 GENERAL ELECTION TO ASCERTAIN
THE WISHES OF THE VOTERS AS TO WHETHER THE
CONFEDERATE BATTLE FLAG KNOWN AS THE BATTLE
FLAG OF THE ARMY OF NORTHERN VIRGINIA SHALL BE
DISPLAYED ATOP AND WITHIN THE STATE HOUSE AND TO
AMEND CHAPTER 1, TITLE 10, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PUBLIC BUILDINGS AND
PROPERTY, BY ADDING SECTION 10-1-165 SO AS TO
AUTHORIZE THE FLYING OF CERTAIN FLAGS ON THE
FLAGPOLE ON THE STATE HOUSE WHICH IS ONLY
EFFECTIVE IF THE QUESTION PRESENTED IN THE
REFERENDUM RECEIVES A FAVORABLE MAJORITY OF
THOSE VOTES CAST.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Chapter 1, Title 10 of the 1976 Code is amended by
adding:
"Section 10-1-165. (A) In addition to the flag of the United
States of America and the State Flag of South Carolina, the Battle
Flag of the Army of Northern Virginia (General Robert E. Lee's
Army), entitled in this section as the Confederate Battle Flag, must
be flown on the flagpole atop the State House and be displayed above
the rostrum in the chambers of the House of Representatives and the
Senate of this State and in the front ground floor foyer of the State
House. No other flag may be displayed in these locations nor atop or
within any other building owned by the State or political subdivision
thereof.
(B) The Division of General Services of the Budget and Control
Board, or its successor in interest, shall ensure that the flags
authorized above must be placed at all times as directed in this
section and replace the flags at appropriate intervals as may be
necessary due to wear. The respective entities may only remove the
flags during times of renovation or repair of the State House, or both,
or the respective chambers of the General Assembly and the flags
must be returned upon completion of the work.
(C) The Confederate Battle Flag 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 to be flown above the State
House is fifty-one 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. There should be five eyelet holes in the hoist next to the staff.
(D) The Confederate Battle Flag displayed in the respective
chambers and the foyer referenced in subsection (A) must be the
same in appearance as the Confederate Battle Flag flown atop the
State House, except that the overall outside dimensions, inclusive of
the border, shall be thirty-six inches square, and the respective
dimensions must be reduced proportionately."
SECTION 2. A statewide referendum must be held at the same
time as the 1998 general election to ascertain the wishes of the
qualified electors of this State as to whether the Confederate Battle
Flag referenced in Section 1 must be flown above the State House
and displayed in the chambers of the House of Representatives and
the Senate of this State and in the front ground floor foyer of the
State House. The State Election Commission must place the question
contained in Section 3 on the general election ballot in November
1998. The state election laws shall apply to this referendum, mutatis
mutandis. The State Board of Canvassers shall publish the results of
the referendum and certify them to the Secretary of State.
SECTION 3. The question put before the voters at the 1998
referendum shall read as follows:
"Do you favor flying the Confederate Battle Flag atop the State
House, in the respective chambers of the House of Representatives
and the Senate, and in the foyer of the State House in Columbia?
Yes []
No []
Those voting in favor of the question shall deposit a ballot with a
check or cross mark in the square after the word 'Yes', and those
voting against the question shall deposit a ballot with a check or cross
mark in the square after the word 'No'."
SECTION 4. This act takes effect upon approval by the Governor.
However, the provisions of Section 10-1-165, as contained in Section
1, do not take effect unless the question in Section 3 receives a
favorable majority of those votes cast in the referendum and the
results are certified as provided in Section 2. If the vote is favorable,
the effective date of Section 10-1-165 is the date of certification.
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