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State of TennesseePUBLIC CHAPTER NO. 75HOUSE BILL NO. 5538~ Representaives McDaniel, Harrison, Roach, Powers, Todd, Lollar, Coley, KentWilliams, Womick, Sargent, Holt, Casada, WeaverSubstituted for: Senate Bill No. 836By Senators Ketron, BurksAN ACT to amend Tennessee Code Annotated, Title 4; Title 5; Title 6; Title 7 and Title12, relative to historic preservation.BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE.STATE OF TENNESSEE:SECTION 1. This act shall be known and may be cited as the "Tennessee HeritageProtection Act of 2013."SECTION 2. Tennessee Code Annotated, Title 4, Chapter 1, Part 4, is amended byadding the following language as a new section:4-1-412.(a)(1) No statue, monument, memorial, nameplate, or plaque which hasbeen erected for, or named or dedicated in honor of, the French and Indian War,American Revolution, War of 1812, U.S.-Mexican War, the War Between theStates, Spanish American War, the Mexican border period, Wortd War I, WorldWar II, the Korean conflict, the Vietnam War, Operation Urgent Fury (Grenada),Operation El Dorado Canyon (Libya), Operation Just Cause (Panama),Operation Desert Shield/Desert Storm (Persian Gulf War 1), Operation EnduringFreedom (Afghanistan), and Operation Iraqi Freedom (Persian Gulf War II), andis located on public property, may be relocated, removed, altered, renamed,rededicated, or otherwise disturbed.(2) No statue, monument, memorial, nameplate, plaque, historic flagdisplay, school, street, bridge, building, park, preserve, or reserve which hasbeen erected for, or named or dedicated in honor of, any historical military figure,historical military event, military organization, or military unit, and is located onpublic property, may be renamed or rededicated.(b) No person may prevent the governmental entity having responsibility formaintaining any of the items, structures, or areas described in subsection (a) from takingproper and appropriate measures, and exercising proper and appropriate means, for theprotection, preservation, care, repair, or restoration of such items, structures, or areas.(c) For the purposes of this section, "public property" means all property ownedor leased by the state of Tennessee, any county, municipality, metropolitan government,or any other entity that is created by act of the general assembly to perform any publicfunction.(d) Any entity exercising control of public property on which an item, structure orarea described in subsection (a) is located may petition the Tennessee historicalcommission for a waiver to this section. A petition for waiver shall be in writing and shallstate the reason, or reasons, upon which the waiver is sought. At any regularlyscheduled meeting of the commission, the commission may grant a petition for waiver bya majority vote of those present and voting. The commission may include reasonableHB553it.conditions and instructions to ensure that any items, structures, or areas are preservedto the greatest extent possible.(e)(1) This section shall apply to items, structures, or areas described insubsection (a) in existence prior to January 1, 1970, and those lawfully erected,named or dedicated on or after January 1, 1970.(2) This section shall not apply to items, structures, or areas described insubsection (a) that are located on public property under the control of, oracquired by, the department of transportation which may interfere with theconstruction, maintenance, or operation of the public transportation system. Thedepartment shall strive to ensure that any such items, structures, or areas arepreserved to the greatest extent possible.SECTION 3. This act shall take effect upon becoming a law, the public welfare requiring2HOUSE BILL NO. 553PASSED: __ MARCH 14 · 2013~-------~~~~SPEAKER HOUSE OF REPRESENTATIVESAPPROVED this J.a:. day of _ __._~......_...::;.....;.l....~~--. ____ 2013BILL HASLAM, GOVERNOR
One provision would define Mississippi as a "Christian" and "Southern" state whose principles are based on the Christian Bible and where prayer is respected.
Another would establish English as the state's official language.
Multiple provisions would speak to Confederate history and symbols. April would be designated "Confederate Heritage Month" and the last Monday of April would be a state holiday called "Confederate Heritage Day." The public school curriculum would include "appropriate information about Mississippi's Confederate history, heritage, achievements, and prominent people, including Mississippi's African American and Native American veterans." Furthermore, the measure would constitutionalize the state's current flag, which bears the Confederate battle flag's saltire, place the state flag at equal height with the United States flag and require recitation of the state flag salute. The Confederate Battle Flag would be displayed on the state capitol's exterior grounds.
The measure would establish "The Magnolia State" as Mississippi's official nickname, "Virtute et Armis" as the official motto, and "Dixie" as the official song. It would also require "Dixie" to be played whenever the national anthem is played.
The amendment would nullify the 1990 repeal of Section 3 of Article II of the state constitution, which is related to the state's borders.
In addition, the measure would affect a number of public universities' mascots and team names and prohibit certain schools from being forced to merge.
Current StatusBill Number: 4895Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20000411Primary Sponsor: WilkinsAll Sponsors: Wilkins, Haskins, Harrison, Quinn, D. Smith, Harrell, Allison, Sandifer, Tripp, Webb, Campsen, Littlejohn, Robinson and WoodrumD. Smith, Harrell, Allison, Sandifer, Tripp,Webb, Campsen, Littlejohn, Robinson andWoodrumD. Smith, Harrell, Allison, Sandifer, Tripp,Webb, Campsen, Littlejohn, Robinson andWoodrumDrafted Document Number: l:councilbillsgjk21220sd00.docResiding Body: HouseCurrent Committee: Judiciary Committee 25 HJSubject: Heritage Act of 2000, Flags, Confederate; Confederacy, Buildings, State House, General AssemblyConfederacy, Buildings, State House, GeneralAssemblyConfederacy, Buildings, State House, GeneralAssemblyHistoryBody Date Action Description Com Leg Involved______ ________ ______________________________________ _______ ____________referred to Committee
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
TO AMEND TITLE 1, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ADMINISTRATION OF GOVERNMENT, BY ADDING CHAPTER 10 SO AS TO ENACT THE "SOUTH CAROLINA HERITAGE ACT OF 2000" WHICH PROVIDES THAT AS OF A SPECIFIED DATE, ONLY THE UNITED STATES FLAG AND THE SOUTH CAROLINA STATE FLAG MAY FLY ATOP THE DOME OF THE STATE HOUSE AND BE DISPLAYED WITHIN THE STATE HOUSE, WHICH STIPULATES ON THIS DATE WHERE CERTAIN FLAGS OF THE CONFEDERACY SHALL BE FLOWN OR BE DISPLAYED ON THE GROUNDS OF THE STATE CAPITOL COMPLEX, AND WHICH PROHIBITS THE REMOVAL OF THESE CONFEDERATE FLAGS ON THE STATE HOUSE GROUNDS AND THE REMOVAL, CHANGING, OR RENAMING OF ANY LOCAL OR STATE MONUMENT, MARKER, MEMORIAL, SCHOOL, OR STREET ERECTED OR NAMED IN HONOR OF THE CONFEDERACY OR THE CIVIL RIGHTS MOVEMENT WITHOUT THE ENACTMENT OF A JOINT RESOLUTION OF THE GENERAL ASSEMBLY APPROVING SAME ADOPTED BY A TWO-THIRDS VOTE OF THE MEMBERSHIP OF EACH HOUSE; AND TO AMEND SECTION 10-1-160, RELATING TO THE DISPLAY OF THE STATE FLAG ON THE STATE HOUSE, SO AS TO PROVIDE THAT THE UNITED STATES FLAG SHALL ALSO BE SO DISPLAYED, THAT THESE TWO FLAGS ONLY SHALL BE DISPLAYED IN THE CHAMBERS OF EACH HOUSE AND IN CERTAIN OTHER LOCATIONS WITHIN THE STATE HOUSE, AND THAT NO OTHER FLAG MAY BE DISPLAYED IN THESE LOCATIONS OR WITHIN ANY OTHER STATE OR LOCAL BUILDING EXCEPT UNDER SPECIFIED CONDITIONS, AND TO PROVIDE THAT THE PROVISIONS OF THIS SECTION MAY NOT BE AMENDED OR REPEALED BY A SUBSEQUENT ACT WITHOUT A TWO-THIRDS VOTE OF EACH HOUSE OF THE GENERAL ASSEMBLY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 1 of the 1976 Code is amended by adding:
South Carolina Heritage Act of 2000
Section 1-10-10. This chapter may be cited as the 'South Carolina Heritage Act of 2000'.
Section 1-10-20. (A) To honor and recognize the history and heritage of this State and the many contributions of its diverse citizenry, it is necessary and appropriate to codify the placement of certain symbols on the Capitol Complex and within the State House which salute the contributions and sacrifices of our constitutional history. On July 1, 2000, or thirty days after the effective date of this section, whichever occurs last, the only flags that shall fly atop the dome of the State House are the United States Flag and the South Carolina State Flag.
(B) The Infantry Battle Flag of the Confederate Army of Northern Virginia (Confederate Battle Flag) must be displayed on the State House side of the Confederate Soldiers' Monument on the State House grounds. This flag is square with a St. Andrews Cross of blue, edged with white, with thirteen equal five-pointed stars, upon a red field, with the whole banner bordered in white. The total outside measurement of the flag shall be fifty-two 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 in a circle six inches in diameter and are uniform in size. The Confederate Battle Flag shall be flown on a flagpole approximately equal in height to and immediately adjacent to the Confederate Soldiers' Monument.
Section 1-10-30. The Infantry Battle Flag of the Confederate Army of Northern Virginia (Confederate Battle Flag) displayed on the Confederate Soldiers' Monument on the State House grounds, and any monument, marker, memorial, school, or street erected or named in honor of the Confederacy or the civil rights movement located on any municipal, county, or state property shall not be removed, changed, or renamed without the enactment of a joint resolution by a two-thirds vote of the membership of each house of the General Assembly approving same. This provision shall not apply to the maintenance and repair of the monument, marker, memorial, school, or street.
Section 1-10-40. (A) On July 1, 2000, or thirty days after the effective date of this section, whichever occurs last, the Confederate Flag (Naval Jack) must be removed from atop the State House, from the front ground floor foyer of the State House, and from the chambers of the Senate and the House of Representatives and simultaneously therewith the Confederate Battle Flag must be placed at its place at the Confederate Soldiers' Monument.
(B) The Confederate flags displayed in the respective chambers of each house of the General Assembly shall be transferred to the custody of the Department of Archives and History for presentation and display as the department shall deem appropriate.
(C) There must be erected around the Confederate Soldiers' Monument appropriate decorative iron fences to keep secure the Confederate Battle Flag.
(D) The Division of General Services of the Budget and Control Board shall replace the flag displayed at the Confederate Soldiers' Monument as necessary to avoid its being displayed in a ragged or faded condition."
SECTION 2. Section 10-1-160 of the 1976 Code is amended to read:
(B) The provisions of subsection (A) of this section may only be amended or repealed upon enactment of an act which has received a two-thirds vote on one of its readings in each house of the General Assembly."
"Section 10-1-160. (A) The United States flag and the State flag
shallmust be displayed daily , except in rainy weather,from a staff upon the State House, and must be displayed above the rostrum in the chambers of the House of Representatives and the Senate of this State and in the front ground floor foyer of the State House. No other flag may be displayed in these locations nor atop or within any other building owned by the State or any political subdivision thereof except in museums and parks for historical exhibits and as may be directed in each chamber of the General Assembly by the respective body that sits in that chamber; provided, that the display of a Confederate flag within the chamber of either house as prohibited by Chapter 10 of Title 1 is not permitted. The State Budget and Control Board shall purchase asuitable flagflags for display at the State House locations and cause itthem to be displayed, the expense to be borne out of the funds provided for maintenance.
SECTION 3. Except as otherwise stated, this act takes effect upon approval by the Governor.