1999-2000 Bill 1257: Confederacy, Confederate Battle Flag, Buildings, State House, Public

1 BIL: 1257 2 TYP: General Bill GB 3 INB: Senate 4 IND: 20000316 5 PSP: Thomas 6 SPO: Thomas, Anderson and Bryan 7 DDN: l:\council\bills\pt\1954dw00.doc 8 RBY: Senate 9 COM: Judiciary Committee 11 SJ 10 SUB: Confederacy, Confederate Battle Flag, Buildings, State House, Public, 11 State-owned Property, Heritage Park Commission 12 13 14 15 HST: 16 17 Body Date Action Description Com Leg Involved 18 ______19 Senate 20000316 Introduced, read first time, 11 SJ 20 referred to Committee 21 22 23 24 Versions of This Bill 25 26 27 28 29 TXT: 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTIONS 10-1-220 AND 10-1-230, SO AS 13 TO CREATE THE HERITAGE PARK ON THE STATE HOUSE 14 GROUNDS, TO RELOCATE THE CONFEDERATE NAVAL 15 JACK FLAG FLYING ABOVE THE STATE HOUSE DOME TO 16 A SITE ON THE STATE HOUSE GROUNDS UNTIL THE 17 DEDICATION OF THE PARK, TO RETURN THE FLAG TO 18 THE STATE HOUSE DOME IF THE PARK IS NOT 19 COMPLETED WITHIN TWO YEARS OF THIS ACT’S 20 EFFECTIVE DATE AND TO PERMANENTLY REMOVE THE 21 FLAG FROM THE DOME UPON THE COMPLETION AND 22 DEDICATION OF THE PARK, AT WHICH TIME THE FLAG 23 MUST BE PLACED AT A SITE IN THE PARK DESIGNATED 24 BY THE PARK COMMISSION, AND UPON THE 25 DEDICATION TO ALSO REMOVE THE CONFEDERATE 26 NAVAL JACK FLAG FROM THE HOUSE AND SENATE 27 CHAMBERS; TO CREATE THE HERITAGE PARK 28 COMMISSION AND PROVIDE FOR ITS MEMBERS AND 29 DUTIES, TO PROVIDE FOR VARIOUS COMPONENTS OF 30 THE PARK INCLUDING DISPLAYS OF OTHER 31 HISTORICAL FLAGS, REPRESENTATIONS OF HISTORICAL 32 EVENTS, A MEMORIAL WALL INCLUDING NAMES OF 33 ALL SOUTH CAROLINIANS WHO DIED IN THE WAR 34 BETWEEN THE STATES (THE CIVIL WAR), AND EXHIBITS 35 OF EVENTS AND DEVELOPMENTS DURING AND AFTER 36 THE WAR; BY ADDING SECTION 10-1-240 SO AS TO 37 PROVIDE THAT A TWO-THIRDS VOTE IN THE HOUSE 38 AND IN THE SENATE IS REQUIRED TO REMOVE OR 39 RENAME A MONUMENT, MARKER, OR MEMORIAL 40 LOCATED ON PUBLIC PROPERTY OF THE STATE OR ITS 41 POLITICAL SUBDIVISIONS OR ANY STREET OR PARK 42 HONORING THE CONFEDERACY OR INDIVIDUALS WHO

1 [1257] 1 1 SERVED IN THE CONFEDERACY OR HONORING THE 2 CIVIL RIGHTS STRUGGLE OR INDIVIDUALS WHO 3 PARTICIPATED IN THIS STRUGGLE; AND BY ADDING 4 SECTION 10-1-250 SO AS TO PROVIDE THAT NO 5 PROVISION OF THIS ACT MAY BE AMENDED, REPEALED, 6 OR SUPERCEDED WITHOUT A TWO-THIRDS VOTE OF 7 THE HOUSE AND THE SENATE. 8 9 Whereas, a number of flags have served as symbols of the struggle 10 between the North and the South during the War Between the 11 States (the Civil War). They stood for various aspects of a 12 nation’s fight. Some have been transformed over time into 13 symbols of Southern heritage. One flag, the Confederate Naval 14 Jack (hereinafter referred to as “the flag”) has flown above the 15 South Carolina State House since 1962; and 16 17 Whereas, that flag became a symbol of some South Carolinians’ 18 ancestry and heritage; and 19 20 Whereas, for many South Carolinians, this flag represents the 21 struggle, courage, and sacrifice of their forefathers; and 22 23 Whereas, in recent years, the flag has been the source of much 24 controversy, mainly because the flag means different things to 25 different people; and 26 27 Whereas, the flag has cast a shadow on a state with a proud 28 heritage and has become a national focal point of controversy; and 29 30 Whereas, South Carolina cannot turn a deaf ear to this controversy. 31 Now, therefore, 32 33 Be it enacted by the General Assembly of the State of South 34 Carolina: 35 36 SECTION 1. The 1976 Code is amended by adding: 37 38 “Section 10-1-220. The Confederate Naval Jack Flag flying 39 over the State House dome and displayed in the House and Senate 40 Chambers must be relocated to the Heritage Park, established 41 pursuant to Section 10-1-230, in accordance with the provisions of 42 Section 10-1-230. 43

1 [1257] 2 1 Section 10-1-230. (A) There is established the Heritage Park 2 to be located on the approximate 1.5 acre historic site of the 3 original state capital building in the quadrant of the State House 4 grounds near Gervais and Assembly Streets. 5 (B) There is created the Heritage Park Commission to design 6 the park and its components and to oversee the construction of the 7 park. The commission must be appointed within thirty days of this 8 act’s effective date and is composed of: 9 (1) representatives of each of the following : 10 (a) National Association for the Advancement of Colored 11 People to be appointed by the Governor upon the recommendation 12 of the President of the South Carolina NAACP; 13 (b) Sons of Confederate Veterans, to be appointed by the 14 Speaker of the House of Representatives upon the recommendation 15 of the Commander of the Sons of the Confederate Veterans; 16 (c) a historian, to be appointed by the President Pro 17 Tempore of the Senate; 18 (d) three members of the business community, one to be 19 appointed by the Speaker of the House of Representatives, one to 20 be appointed by the President Pro Tempore of the Senate, and one 21 who must be an African American to be appointed by the 22 Governor. 23 (2) Notwithstanding any other provision of law: 24 (a) two members of the House of Representatives, one of 25 whom must be African American, to be appointed by the Speaker 26 of the House; 27 (b) two members of the Senate, one of whom must be 28 African American, to be appointed by the President Pro Tempore 29 of the Senate. 30 (3) an individual who shall serve as chairman to be 31 appointed by the Governor. 32 (C) The commission is empowered and directed to raise private 33 funds and to receive gifts and grants to carry out this purpose and 34 in this regard has the power to cause to be created a tax-exempt 35 nonprofit corporation, the purpose of which is to receive and 36 disburse funds for the Heritage Park. Members may be paid 37 mileage, subsistence, and per diem as authorized by law for 38 members of state boards, committees, and commissions if 39 approved by the Governor. 40 (D) The commission shall incorporate into the design of the 41 park:

1 [1257] 3 1 (1) representation of historical events that affected South 2 Carolina, focusing on 1848 through 1876, but not necessarily 3 limited to those dates; 4 (2) an area designated where the Confederate Naval Jack 5 Flag and other flags of the era, selected by the commission, must 6 be flown; 7 (3) a memorial wall listing the names of all South 8 Carolinians who fought for the Confederate Army and Navy and 9 for the Union Army and Navy and died in the War Between the 10 States (the Civil War); 11 (4) exhibits including, but not limited to: 12 (a) the complete text of the Emancipation Proclamation; 13 (b) the information pertaining to the Dred Scott Case, the 14 Missouri Compromise, and the Kansas-Nebraska Act; 15 (c) the Underground Railroad and the role of this State 16 and its citizens in this effort; 17 (d) the founding, growth, and development of African 18 American institutions of higher education including, but not 19 limited to: 20 (i) Claflin College, founded in 1869; 21 (ii) Allen University founded in 1870; 22 (iii) Benedict College, founded in 1870; 23 (iv) other institutions founded in the period following 24 the War between the States (the Civil War). 25 (E) The commission shall keep the State House Committee 26 apprised of its progress in developing the design and components 27 of the park and any alternate location that must be chosen. The 28 commission shall work in conjunction with the State House 29 Committee in overseeing the construction of the park. 30 (F) On this act’s effective date the Confederate Naval Jack 31 Flag must be removed from the State House dome to a fifty foot 32 flagpole positioned on the State House grounds within fifty yards 33 of the proposed Heritage Park. If the park is not completed within 34 two years of this act’s effective date, the Confederate Naval Jack 35 Flag must be returned to its original position above the State 36 House dome. Upon completion of the park, a dedication ceremony 37 must be held at which the Confederate Naval Jack Flag must be 38 permanently removed from the State House dome and placed in 39 the park at the site designated by the commission. Upon 40 dedication of the park, the Confederate Naval Jack Flags must be 41 removed from the House and Senate chambers. 42 (G) The commission is dissolved on January 1, 2004, or upon 43 completion and dedication of the park.

1 [1257] 4 1 2 Section 10-1-240. No monument, marker, or memorial located 3 on public property of the State or its political subdivisions or any 4 street, highway, or park honoring the memory of the Confederacy 5 or individuals who served in the Confederate Army, Navy, and 6 Marine Corps or the Women of the Confederacy or the memory of 7 the civil rights struggle or individuals who participated in this 8 struggle may be removed or renamed without two-thirds vote of 9 each branch of the General Assembly. 10 11 Section 10-1-250. No provision of this section or Sections 12 10-1-220, 10-1-230, or 10-1-240 may be amended, repealed, or 13 superceded without two-thirds vote of each branch of the General 14 Assembly.” 15 16 SECTION 2. This act takes effect upon approval by the 17 Governor. 18 ----XX----

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