STATUTES

SECTION 1-3-470. Lowering flags upon death in line of duty of firefighter or law enforcement officer.  >> Top of Page

The Governor on the day of burial or other service for any firefighter or law enforcement officer in this State who died in the line of duty shall order all flags on state buildings to be flown at half mast in tribute to the deceased firefighter or law enforcement officer. The Governor shall also request that flags over the buildings of the political subdivisions of this State similarly be flown at half mast for this purpose.

SECTION 10-1-161. State Capitol Building flags flown at half staff.   >> Top of Page

(A) On Memorial Day the flags, which are flown atop the State Capitol Building, must be displayed at half staff until noon, then raised to the top of the staff.

(B) To honor and pay tribute to the following public officials the flags which are flown atop the State Capitol Building must be lowered to half staff on the day on which funeral services are conducted for these public officials:

(C) As contained in this section, "half staff"means the position of the flag when it is one half the distance between the top and bottom of the staff.

(D) In addition to the public officials enumerated in subsection (B), flags atop the State Capitol Building must be lowered to half staff on the day when funeral services are conducted for members of the United States military services who were residents of South Carolina and who lost their lives in the line of duty while in combat.

(E) The flags atop the State Capitol Building must be flown at half staff for a period of thirty days from the date of death of the President or a former President; for a period of ten days from the date of death of the Vice President, the Chief Justice, or a retired Chief Justice of the United States Supreme Court, or the Speaker of the United States House of Representatives; and from the date of death through the date of interment of an associate justice of the United States Supreme Court, or a secretary of a federal executive or military department, or a former Vice President.

(F) Upon the occurrence of an extraordinary event resulting in death or upon the death of a person of extraordinary stature, the Governor may order that the flags atop the State Capitol Building be lowered to half staff at a designated time or for a designated period of time.

(G) The Governor may order the flags atop the State Capitol Building to be lowered to half staff for the same designated time when an act of the United States Congress or a presidential order is issued to lower flags to half staff over federal buildings.

(H) The flags atop the State Capitol Building, when flown at half staff must first be hoisted to the peak for an instant and then lowered to the half staff position. The flags must be again raised to the peak before they are lowered for the day.

SECTION 53-3-165. POW/MIA Recognition Day.   >> Top of Page

(A) The third Friday in September of each year is declared to be "POW/MIA Recognition Day" in South Carolina. The Governor shall issue a proclamation each year calling upon the people of South Carolina to observe "POW/MIA Recognition Day" with appropriate ceremonies and activities.

(B) Flags atop state and local public buildings must be flown at half staff at least until noon on "POW/MIA Recognition Day".

(C) The POW/MIA flag shall be flown or displayed on "POW/MIA Recognition Day" in South Carolina on the grounds or in public lobbies if the flags are provided, except for the State Capitol Building and the State House grounds.

(D) As used in this section, the term "POW/MIA flag" means the National League of Families POW/MIA flag recognized officially and designated by Section 2 of Public Law 101 355.

SECTION 1-10-10. Removal and Placement of Confederate Flag  >> Top of Page

Flags authorized to be flown atop State House dome, in chambers of Senate and House of Representatives and on grounds of Capitol Complex; members' offices as "chambers"; private individual wearing, carrying or displaying flag on capitol grounds. [SC ST SEC 1-10-10]

(A) As of 12:00 noon on the effective date of this act, and permanently thereafter, the only flags authorized to be flown atop the dome of the State House, in the chambers of the Senate and House of Representatives, and on the grounds of the Capitol Complex shall be as authorized in this section.

The flags authorized to be flown atop the dome of the State House and in the chambers of the Senate and House of Representatives are the United States Flag and the South Carolina State Flag. As of 12:00 noon on the effective date of this act, the flag authorized to be flown at a designated location on the grounds of the Capitol Complex is the South Carolina Infantry Battle Flag of the Confederate States of America [the Battle Flag of the Army of Northern Virginia (General Robert E. Lee's Army) the South Carolina, Georgia, Florida Department version]. This flag must be flown on a flagpole located at a point on the south side of the Confederate Soldier Monument, centered on the monument, ten feet from the base of the monument at a height of thirty feet. The flagpole on which the flag is flown and the area adjacent to the monument and flagpole must be illuminated at night and an appropriate decorative iron fence must be erected around the flagpole.

The South Carolina Infantry Battle Flag of the Confederate States of America is square measuring fifty-two inches on each side, inclusive of the white border, 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 blue arms of the cross are 7.5 inches wide and the white border around the flag proper is 1.5 inches wide. The stars are five-pointed, inscribed within a circle six inches in diameter, and are uniform in size.

From any funds appropriated to the Budget and Control Board, the Division of General Services of the Budget and Control Board, or its successor in interest, shall ensure that the flags authorized above shall be placed at all times as directed in this section and shall replace the flags at appropriate intervals as may be necessary due to wear.

(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.

(C) The term "chambers" of the House or Senate for the purposes of this section does not include individual members' offices. The provisions of this section do not prohibit a private individual on the capitol complex grounds from wearing as a part of his clothing or carrying or displaying any type of flag including a Confederate Flag.