2001-2002 Bill 337: African-American History Monument, Black Liberation Flag to Be Flown;

1 BIL: 337 2 TYP: General Bill GB 3 INB: Senate 4 IND: 20010215 5 PSP: Glover 6 SPO: Glover, Pinckney, Ford 7 DDN: l:\council\bills\nbd\11254ac01.doc 8 RBY: Senate 9 COM: Judiciary Committee 11 SJ 10 SUB: African-American History Monument, Black Liberation Flag to be flown; 11 Buildings, State House, Flags 12 13 14 15 HST: 16 17 Body Date Action Description Com Leg Involved 18 ______19 Senate 20020529 Recommitted to Committee 11 SJ 20 Senate 20010307 Committee report: majority 11 SJ 21 favorable, with amendment, 22 minority unfavorable 23 Senate 20010220 Co-Sponsor added by Senator Ford 24 Senate 20010215 Introduced, read first time, 11 SJ 25 referred to Committee 26 27 28 29 Versions of This Bill 30 31 32 Revised on 20010307 33 34 35 TXT: 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 March 7, 2001 6 7 S. 337 8 9 Introduced by Senators Glover, Pinckney and Ford 10 11 S. Printed 3/7/01--S. 12 Read the first time February 15, 2001. 13 14 15 THE COMMITTEE ON JUDICIARY 16 To whom was referred a Bill (S. 337) to amend Section 17 10-1-178, Code of Laws of South Carolina, 1976, relating to the 18 African-American History Monument, so as to provide that at the 19 dedication, etc., respectfully 20 REPORT: 21 That they have duly and carefully considered the same and 22 recommend that the same do pass with amendment: 23 24 Amend the bill, as and if amended, by striking all after the 25 enacting words and inserting in lieu thereof the following: 26 / SECTION 1. Section 10-1-178 of the 1976 Code is amended 27 to read: 28 “Section 10-1-178. (A) There is hereby established on the 29 grounds of the State House an African-American History 30 Monument. The design and location of the monument shall must 31 be determined by the commission appointed pursuant to Section 32 10-1-179. The commission shall must make reasonable efforts to 33 incorporate all eras of African-American history in the design. 34 The monument shall must be erected as soon as is reasonably 35 possible after it the monument is approved by the General 36 Assembly by concurrent resolution and the State House 37 Renovation Project is completed. 38 (B) The flag of the Universal Negro Improvement Association 39 adopted in July 1918, also known as the Black Liberation Flag, 40 must permanently fly at a height of thirty feet from a flagpole 41 located at a point centered on the monument, not more than ten 42 feet from the edge of the monument. This flag is the only flag

1 [337-1] 1 authorized to be flown from this flagpole, and an appropriate size 2 of the flag must be determined by the Budget and Control Board, 3 Division of General Services. The flagpole must be illuminated at 4 night and an appropriate decorative iron fence must be erected 5 around the flagpole. 6 From funds appropriated to the Budget and Control Board, the 7 Division of General Services of the Budget and Control Board or 8 its successor in interest must ensure that this flag is placed at all 9 times as directed in this subsection and must replace flags at 10 appropriate intervals as may be necessary due to wear. 11 (C) The provisions of this section may only be amended or 12 repealed upon passage of an act which has received two - thirds vote 13 on the third reading of the bill in each body of the General 14 Assembly.” 15 SECTION 2. This act takes effect upon approval by the 16 Governor. / 17 Renumber sections to conform. 18 Amend title to conform. 19 20 Majority favorable. Minority unfavorable. 21 C. BRADLEY HUTTO LARRY A. MARTIN 22 For Majority. For Minority. 23 24 25 STATEMENT OF ESTIMATED FISCAL IMPACT 26 ESTIMATED FISCAL IMPACT ON GENERAL FUND 27 EXPENDITURES: 28 Minimal (Some additional costs expected but can be absorbed) 29 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 30 FUND EXPENDITURES: 31 $0 (No additional expenditures or savings are expected) 32 EXPLANATION OF IMPACT: 33 The Office of General Services of the State Budget and Control 34 Board estimates that the cost to place the Black Liberation Flag at 35 the site of the monument should be less than $20,000, which can 36 be absorbed within existing resources. 37 38 Approved By: 39 Don Addy 40 Office of State Budget 41 42

1 [337-2] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 10-1-178, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO THE 13 AFRICAN-AMERICAN HISTORY MONUMENT, SO AS TO 14 PROVIDE THAT AT THE DEDICATION OF THIS 15 MONUMENT AND PERMANENTLY THEREAFTER THE 16 BLACK LIBERATION FLAG MUST BE FLOWN FROM A 17 FLAGPOLE TO BE ERECTED ON THE EAST SIDE OF THE 18 MONUMENT, TO PROVIDE FOR THE REPLACEMENT OF 19 THIS FLAG, AND TO ESTABLISH SPECIFIC VOTE 20 REQUIREMENTS FOR THE AMENDMENT OR REPEAL OF 21 THIS SECTION. 22 23 Be it enacted by the General Assembly of the State of South 24 Carolina: 25 26 SECTION 1. Section 10-1-178 of the 1976 Code, as added by Act 27 457 of 1996, is amended to read: 28 29 “Section 10-1-178. (A) There is hereby established on the 30 grounds of the State House an African-American History 31 Monument. The design and location of the monument shall be 32 determined by the commission appointed pursuant to Section 33 10-1-179. The commission shall make reasonable efforts to 34 incorporate all eras of African-American history in the design. 35 The monument shall be erected as soon as is reasonably possible 36 after it is approved by the General Assembly by concurrent 37 resolution and the State House Renovation Project is completed. 38 (B) Prior to the dedication of the African - American History 39 Monument, a thirty-foot flagpole must be erected at a point 40 centered on the east side of the monument no further than ten feet 41 from the edge of the monument. At the dedication of the 42 monument, the flag of the Universal Negro Improvement

1 [337] 1 1 Association adopted in July 1918, also known as the Black 2 Liberation Flag, must be raised on this flagpole and thereafter shall 3 permanently fly. This flag is the only flag authorized to be flown 4 from this flagpole and an appropriate size flag to be flown must be 5 determined by the Budget and Control Board, Division of General 6 Services. The flagpole must be illuminated at night and an 7 appropriate decorative iron fence must be erected around the 8 flagpole. 9 From funds appropriated to the Budget and Control Board, the 10 Division of General Services of the Budget and Control Board or 11 its successor in interest shall ensure that this flag shall be placed at 12 all times as directed in this subsection and shall replace flags at 13 appropriate intervals as may be necessary due to wear. 14 (C) The provisions of this section may only be amended or 15 repealed upon passage of an act which has received two - thirds vote 16 on the third reading of the bill in each body of the General 17 Assembly.” 18 19 SECTION 2. This act takes effect upon approval by the 20 Governor. 21 ----XX----

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