H 3278 Session 112 (1997-1998)
H 3278 General Bill, By Cato, Allison, Altman, Bailey, Barrett, Bauer, Beck,
Boan, H. Brown, Carnell, Chellis, Cooper, Dantzler, Davenport, Delleney,
Easterday, Edge, J.G. Felder, Fleming, Gamble, Hamilton, Harrell, Harrison,
Haskins, Hawkins, Hinson, Keegan, Kelley, Kirsh, Klauber, Knotts, Koon, Lanford,
Law, Leach, L.H. Limbaugh, Limehouse, Littlejohn, Loftis, Martin, Mason, McCraw,
McKay, J.D. McMaster, Phillips, Quinn, Rhoad, Rice, Meacham, Riser, Robinson,
Sandifer, Seithel, Sharpe, Simrill, R. Smith, D. Smith, Spearman, Stille,
E.C. Stoddard, Stuart, Townsend, Tripp, Trotter, Vaughn, Walker, Webb, Whatley,
Wilkins, Witherspoon, Woodrum, Young-Brickell and W.J. Young
Similar(H 3225, H 3241)
A BILL TO PROVIDE FOR A BINDING STATEWIDE REFERENDUM ON THE FIRST TUESDAY
AFTER THE FIRST MONDAY IN NOVEMBER OF 1997 TO ASCERTAIN THE WISHES OF THE
QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER OR NOT THE CONFEDERATE BATTLE
FLAG SHOULD BE FLOWN ABOVE THE STATE HOUSE, TO PROVIDE THAT UNTIL THE RESULTS
OF THE 1997 BINDING REFERENDUM ARE CERTIFIED, THE CONFEDERATE BATTLE FLAG
SHALL CONTINUE TO BE FLOWN ABOVE THE STATE HOUSE, TO PROVIDE THAT NO MONUMENT,
MARKER, FLAG, OR MEMORIAL ON PUBLIC PROPERTY OF THIS STATE OR ANY OF ITS
POLITICAL SUBDIVISIONS HONORING THE CONFEDERACY, THE CIVIL RIGHTS STRUGGLE, OR
INDIVIDUALS WHO PARTICIPATED THEREIN MAY BE REMOVED OR RENAMED WITHOUT A
TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY OR WITHOUT A TWO-THIRDS
VOTE OF THE LOCAL BODY OR ENTITY HAVING JURISDICTION OVER THE MONUMENT,
MARKER, FLAG, OR MEMORIAL, AND TO PROVIDE THAT THE TWO-THIRDS VOTE REQUIREMENT
ABOVE ALSO APPLIES TO FLYING THE CONFEDERATE BATTLE FLAG ABOVE THE STATE HOUSE
IF THE RESULTS OF THE 1997 BINDING REFERENDUM ARE IN FAVOR OF FLYING THE FLAG.
01/21/97 House Introduced and read first time HJ-16
01/21/97 House Referred to Committee on Judiciary HJ-17
01/22/97 House Committee report: Majority favorable, minority
unfavorable Judiciary HJ-5
01/23/97 House Special order, set for Thursday, Jan. 23, 1997,
immediately following the call of the
uncontested calendar (Under H.3294) HJ-7
01/23/97 House Amended HJ-16
01/23/97 House Read second time HJ-61
01/23/97 House Roll call Yeas-85 Nays-32 HJ-61
01/29/97 House Read third time and sent to Senate HJ-18
01/30/97 Senate Introduced and read first time SJ-12
01/30/97 Senate Referred to Committee on Judiciary SJ-12
AMENDED
January 23, 1997
H. 3278
Introduced by Reps. Cato, Wilkins, Haskins, Harrison, H. Brown,
D. Smith, Sharpe, Townsend, Harrell, Boan, Allison, Altman,
Bailey, Barrett, Bauer, Beck, Chellis, Cooper, Dantzler, Davenport,
Delleney, Easterday, Edge, Fleming, Gamble, Hamilton, Hawkins,
Hinson, Keegan, Kelley, Klauber, Knotts, Koon, Lanford, Law,
Leach, Limbaugh, Limehouse, Littlejohn, Loftis, Martin, Mason,
McCraw, McKay, McMaster, Meacham, Phillips, Quinn, Rhoad,
Rice, Riser, Robinson, Sandifer, Seithel, Simrill, R. Smith, Spearman,
Stille, Stoddard, Stuart, Tripp, Trotter, Vaughn, Walker, Webb,
Whatley, Witherspoon, Woodrum, Young-Brickell, Kirsh, Young,
Felder and Carnell
S. Printed 1/23/97--H.
Read the first time January 21, 1997.
A BILL
TO PROVIDE FOR A BINDING STATEWIDE REFERENDUM
ON THE FIRST TUESDAY AFTER THE FIRST MONDAY IN
NOVEMBER OF 1997 TO ASCERTAIN THE WISHES OF THE
QUALIFIED ELECTORS OF THIS STATE AS TO WHETHER OR
NOT THE CONFEDERATE BATTLE FLAG SHOULD BE
FLOWN ABOVE THE STATE HOUSE, TO PROVIDE THAT
UNTIL THE RESULTS OF THE 1997 BINDING REFERENDUM
ARE CERTIFIED, THE CONFEDERATE BATTLE FLAG SHALL
CONTINUE TO BE FLOWN ABOVE THE STATE HOUSE, TO
PROVIDE THAT NO MONUMENT, MARKER, FLAG, OR
MEMORIAL ON PUBLIC PROPERTY OF THIS STATE OR ANY
OF ITS POLITICAL SUBDIVISIONS HONORING THE
CONFEDERACY, THE CIVIL RIGHTS STRUGGLE, OR
INDIVIDUALS WHO PARTICIPATED THEREIN MAY BE
REMOVED OR RENAMED WITHOUT A TWO-THIRDS VOTE
OF EACH HOUSE OF THE GENERAL ASSEMBLY OR
WITHOUT A TWO-THIRDS VOTE OF THE LOCAL BODY OR
ENTITY HAVING JURISDICTION OVER THE MONUMENT,
MARKER, FLAG, OR MEMORIAL, AND TO PROVIDE THAT
THE TWO-THIRDS VOTE REQUIREMENT ABOVE ALSO
APPLIES TO FLYING THE CONFEDERATE BATTLE FLAG
ABOVE THE STATE HOUSE IF THE RESULTS OF THE 1997
BINDING REFERENDUM ARE IN FAVOR OF FLYING THE
FLAG.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. A statewide binding referendum must be held on the
first Tuesday after the first Monday in November, 1997 to ascertain
the wishes of the qualified electors of this State as to whether or not
the Confederate Battle Flag should be flown above the State House.
The State Election Commission must place the question contained in
Section 3 of this act on the referendum ballot in November, 1997.
The state election laws shall apply to the referendum, mutatis
mutandis. The State Board of Canvassers shall publish the results of
the binding referendum and certify them to the Secretary of State. If
the result of this binding referendum is in favor of flying the
Confederate Battle Flag above the State House, the flag must
continue to be flown upon the certification of the referendum results.
If the result of this binding referendum is not in favor of flying the
Confederate Battle Flag above the State House, the officials in charge
of flying the flag are prohibited from flying it above the State House
upon the certification of the binding referendum results.
SECTION 2. (A) If the result of this binding referendum is in
favor of flying the Confederate Battle Flag above the State House, the
Division of General Services of the Budget and Control Board, or its
successor in interest, shall ensure that the Confederate Battle Flag
must be flown at all times atop the State House and must replace the
Confederate Battle Flag with another such flag at appropriate
intervals as may be necessary due to wear and tear. The Division of
General Services may only remove the Confederate Battle Flag atop
the State House during times of renovation or repair of the State
House dome and the Confederate Battle Flag must be returned upon
completion of the work.
(B) The Confederate Battle Flag for purposes of this act is
described as follows:
"A square with a St. Andrews Cross of blue, edged with white,
with thirteen equal five-pointed stars, upon a red field, with a whole
banner bordered in white. The total outside measurement of the flag
is fifty-one inches square, inclusive of the white border. The blue
arms of the cross are seven and one-half inches wide and the white
border around the flag proper is one and one-half inches wide. The
stars are five-pointed, inscribed within a circle six inches in diameter
and uniform in size. There are five eyelet holes in the hoist next to
the staff."
SECTION 3. The question put before the voters of the 1997
binding referendum shall read:
"Do you favor flying the Confederate Battle Flag above 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. Until the results of the 1997 binding referendum are
certified, the Confederate Battle Flag shall continue to be flown on
the flagpole atop the State House in Columbia just below the flag of
the United States of America and the State Flag of South Carolina.
SECTION 5. (A) Notwithstanding any other provision of law, no
monument, marker, flag, or memorial located on public property of
this State or any of its political subdivisions or located on any public
street, highway, or park honoring the memory of the Confederacy,
individuals who served in the Confederate armed forces, or the
Women of the Confederacy, or honoring the civil rights struggle or
individuals who participated in this struggle, may be removed or
renamed without a two-thirds vote of each house of the General
Assembly or without a two-thirds vote of the local entity or body
having jurisdiction over the monument, marker, flag, or memorial.
(B) The provisions of this section also apply to flying the
Confederate Battle Flag above the State House if the results of the
1997 binding referendum provided for in this act are in favor of
flying the flag.
SECTION 6. This act takes effect upon approval by the Governor.
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