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Current Status Bill Number:View additional legislative information at the LPITS web site.1010 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20000111 Primary Sponsor:Ford All Sponsors:Ford Drafted Document Number:l:\s-res\rf\012heri.jh.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Heritage Representation, Flags, Confederate, Black Liberation; Buildings, State House, Native American History Monument History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20000111 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO ENACT THE SOUTH CAROLINA HERITAGE REPRESENTATION ACT SO AS TO PROVIDE FOR CREATION OF A NATIVE AMERICAN HISTORY MONUMENT ON THE STATE HOUSE GROUNDS; TO CREATE A COMMISSION TO SELECT THE DESIGN AND LOCATION OF THE MONUMENT AND PERFORM CERTAIN OTHER FUNCTIONS; TO DEVELOP A FLAG DISPLAYING AN INSIGNIA OF SIGNIFICANCE TO THE NATIVE AMERICAN PEOPLE TO BE APPROVED BY THE NATIVE AMERICAN COUNCIL TO THE STATE OF SOUTH CAROLINA; TO PROVIDE FOR REMOVAL OF THE CONFEDERATE FLAG FROM ATOP THE STATE HOUSE, AND FROM THE CHAMBERS OF THE SENATE AND THE HOUSE OF REPRESENTATIVES; AND TO PROVIDE FOR PLACEMENT OF THE CONFEDERATE FLAG AT THE ROBERT E. LEE MEMORIAL AND THE BLACK LIBERATION FLAG AT THE AFRICAN AMERICAN HISTORY MONUMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "South Carolina Heritage Representation Act."
SECTION 2. There is hereby established on the grounds of the State House a Native American History Monument. The design and location of the monument shall be determined by the commission appointed pursuant to Section 3 of this act. The commission shall make reasonable efforts to incorporate all eras of Native 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.
SECTION 3. (A) A Native American History Monument Commission is created to determine the design of the monument and to determine the location 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. The commission in this regard shall have the power to cause to be created a tax-exempt nonprofit corporation the purpose of which shall be to receive and disburse funds for the Native American History Monument. The staff of the State Budget and Control Board shall assist the commission with the preparation and maintenance of financial records for the purpose of ensuring proper accounting of the records. The financial records are public records for purposes of the Freedom of Information Act, except that the names of anonymous donors shall not be disclosed.
By April 1, 2001, the commission shall report the proposed design and location of the monument to the State House Committee for its approval. After action by the committee approving the design and location, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in Section 2 of this act. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.
Four members of the commission 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.
The commission shall elect a chairman, vice chairman, and such other officers as it deems appropriate from among its membership. The senior senator of the commission shall call an organizational meeting for the purpose of electing officers and such other matters as may arise. 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.
(B) The commission established pursuant to this act is dissolved on January 1, 2004. However, the commission must be dissolved earlier if both the monument is dedicated and the final report is made before January 1, 2004, in which case the commission must be dissolved on the date of the later occurring event of the dedication of the monument or the receipt of the final report. If the Native American History Monument has not been dedicated by January 1, 2004, the powers, duties, and responsibilities of the Native American History Monument Commission shall be devolved upon the State House Committee.
SECTION 4. (A) The commission shall cooperate with the Native American Council to the State of South Carolina for development of a flag displaying an appropriate insignia of significance to the Native American people of South Carolina. Upon approval of the flag design by the Native American Council and passage of the South Carolina Heritage Act by the General Assembly, the flag must be permanently located at the site of the Native American History Monument.
(B) On or after the effective date of this act the Confederate Battle Flag must be permanently relocated from atop the State House dome, the front ground floor foyer of the State House, and the Chambers of the Senate and the House of Representatives to the Robert E. Lee Memorial on the State House grounds. The Black Liberation Flag must be placed on permanent display at the site of the African-American History Monument.
SECTION 5. This act takes effect upon approval by the Governor.
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