Current Status Bill Number:3278 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970121 Primary Sponsor:Cato All Sponsors: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 Drafted Document Number:gjk\23220sd.97 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Date of Last Amendment:19970123 Subject:Confederate Battle Flag, voters to decide if should be displayed atop State House; Buildings, Elections, referendum
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19970130 Introduced, read first time, 11 SJ
referred to Committee
House 19970129 Read third time, sent to Senate
House 19970123 Amended, read second time
House 19970123 Made Special Order under H.3294
House 19970122 Committee report: majority 25 HJ
favorable, minority unfavorable
House 19970121 Introduced, read first time, 25 HJ
referred to Committee
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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.
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?
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.