Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

Page Finder Index

| Printed Page 4690, Apr. 19 | Printed Page 4710, Apr. 19 |

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Section 30-1-100. (A) In cooperation with the executive officer of each public agency or body and the governing body of each subdivision, the Archives and History Division shall establish and maintain a program for the selection and preservation of public records considered essential to the operation of government, for the protection of the interests of the public, and for the preservation of the state's documentary heritage. The Archives and History Division has the authority to determine in what medium records or archival value must be retained and transferred to the department division. Within the limits of available funds, the Archives and History Division shall require preservation duplicates to be made of essential or historical records including those retained on electronic or optical disc systems or designate as preservation duplicates existing copies of these records including security copies on microfilm, computer output microfilm, or other media acceptable by the department division or select certain original records for permanent preservation.

(B) In order to make public records more available for research the Archives and History Division must honor reasonable requests for copies of public records of research value by reproducing and selling them as provided by Section 30-4-30. All monies received from the sale of such copies must be deposited with the State Treasurer to be used for making available copies of other public records of research value as determined by the Archives and History Division; provided, that their reproduction is not otherwise prohibited by law.

(C) Any public official having records and official correspondence in his custody may turn over to the Archives and History Division any public records no longer in current official use, and the Archives and History Division may in its discretion receive the records and provide for their proper administration, preservation, reproduction, or disposition; provided, that any record placed in the custody of the Archives and History Division under special terms or conditions restricting their use shall be made accessible only in accordance with such terms and conditions. Upon receipt of the records, unless otherwise prohibited by law, copies of them may be made and certified under the seal of Archives and History Division, which certification has the same force and effect as if made by the official or agency which transferred them. The Archives and History Division may charge reasonable fees for such copies.

(D) The Archives and History Division may promulgate such regulations as may be necessary to carry out the provisions of Sections 30-1-10 to 30-1-140. The deputy director may withhold from public access records restricted under the provisions of Chapter 4 of this title or restrict use of original records in danger of damage or loss from handling


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and use when in the opinion of the deputy director the physical condition of the public records or other documents is such that they would be damaged by handling. Any decision of the deputy director to withhold public records or other documents from inspection may be appealed to the Archives and History Commission Director of the Department of Cultural and Informational Resources, or through the relief procedures outlined in Section 30-4-100.

(E) When any public records have been destroyed or otherwise disposed of in accordance with the procedure authorized in Sections 30-1-90 and 30-1-110, any liability that the custodian of the records might incur as a result of the official action shall cease.

Section 30-1-110. The deputy director may approve the destruction or other disposition of accessioned records of any agency or subdivision which are in the custody of the department division and which, after due appraisal according to archival principles, are determined not to be of archival or continuing administrative, legal, or fiscal value.

Section 30-1-120. (A) The Archives and History Division may execute a program of inventorying, repairing, and microfilming for security purposes the public records of the agencies and subdivisions which it determines have permanent value, and of providing safe storage of microfilm copies of those records.

(B) The legal custodian of public records may have records in his custody removed from his office to be microfilmed by the department division for preservation purposes, provided the filming does not interfere with the transaction of public business.

Section 30-1-130. Any custodian of public records as defined by Sections 30-1-10 through 30-1-140 is authorized to photocopy, microfilm, or reproduce on film or by electrostatic method any part of the records kept by the office concerned unless otherwise prohibited by law or withheld from reproduction in the public interest. These copies may be used only in equipment or systems which accurately reproduce and preserve the original record in all details in a durable form. Each agency or subdivision shall preserve these photocopies, electrostatic copies, or films in conveniently accessible files and shall provide for preserving, examining, and using them. If the records are of permanent value to the agency or subdivision concerned or are determined to be of archival value by the Archives and History Division, one master copy of each record filmed must meet standards approved by the Archives and History Division and be deposited there. Custodians of public records may destroy the original records from which the photographs, microphotographs, films, or electrostatic copies have been made, or any


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part of them if the records are of no value to the agency concerned, and the Archives and History Division certifies that the records may be destroyed through this procedure or retention schedules approved by the Archives and History Division. The records microfilmed or reproduced and approved for destruction must be reported to the Archives and History Division in such manner as it may direct.

Section 30-1-140. A public official or custodian of public records who refuses or wilfully neglects to perform any duty required of him by Sections 30-1-10 through 30-1-140, including the transfer of records to storage facilities approved by the Archives and History Division, is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred dollars nor more than five thousand dollars.

Section 30-1-170. All officers of the State and of counties and municipalities who are required to keep books of record may make use of loose-leaf record books for these purposes. The loose-leaf record book used must be one that can be locked and sealed when the book has been filled to its capacity with the proper pages of records, and the key to the book must always remain in the custody of the official in charge of the books of record.

Section 30-1-180. Where the names of major religious faiths, Protestants, Catholics, and Jews, are used in resolutions, acts, or official papers of the State, or any of its political subdivisions, the name of the Eastern (Greek) Orthodox Church must be included."

SECTION . Section 40-22-170 of the 1976 Code is amended to read:

"Section 40-22-170. A roster or roster supplements showing the current names and places of business of all professional engineers and all professional land surveyors must be published by the board each year. Copies must be mailed to each person registered, provided to the State Library Division of the Department of Cultural and Informational Resources, and, upon payment of a fee, provided by regulation furnished to the public on request.

The roster and roster supplements must also provide a listing of business entities holding a valid certificate of authorization to practice engineering or land surveying, or both, in this State."

SECTION . Section 40-73-20 of the 1976 Code is amended to read:

"Section 40-73-20. All occupational and professional licensing boards of this State are required to file an annual report with the Budget and Control Board at the time the board specifies. The board is charged with the responsibility of coordinating and compiling these reports to a consolidated report. The board is also charged with the responsibility of


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printing the consolidated report which must be made available on or before January first to each member of the General Assembly at his request and to the State Library Division of the Department of Cultural and Informational Resources. All licensing boards shall prepare the reports in conformity with the provisions of this act. Copies of each report must be maintained at all times and must be available for public inspection, within the offices of the Secretary of State."

SECTION . Section 51-17-50 of the 1976 Code, as amended by Section 1282 of Act 181 of 1993, is further amended to read:

"Section 51-17-50. The Heritage Trust Advisory Board is hereby created to assist the board of the department in carrying out its duties and responsibilities under this chapter. The advisory board shall consist of seventeen members who shall be chosen as follows and shall elect from its membership a chairman:

1. From the general public, six persons, one from each congressional district within the State, who shall be appointed by the Governor and serve for a term of six years. Of these six, four persons shall be from the scientific community who are recognized and qualified experts in the ecology of natural areas, and two persons shall be from the cultural community who are recognized and qualified experts in the history and archeology of the State. The term `expert' does not of necessity denote a professional but one learned and interested in the field.

2. From state government, the following persons or their designees:

A. The Chairman of the board of the Department of Natural Resources;

B. The Director of the Department of Natural Resources;

C. The Director of the South Carolina Department of Parks, Recreation and Tourism;

D. The Director of the Land Resources Conservation Districts Division of the Department of Natural Resources;

E. The Deputy Director of the South Carolina Department of Archives and History Division of the Department of Cultural and Informational Resources;

F. The State Forester;

G. The State Archeologist;

H. The Deputy Director of the State Museum Division of the Department of Cultural and Informational Resources; and

I. The Director of the Department of Commerce.

Provided, however, of the initial appointees under this section, that of the six persons appointed under Item 1 above, two shall serve for a term


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of two years, two for a term of four years, and two for a term of six years."

SECTION . Section 51-1-60 of the 1976 Code, as amended by Section 1272 of Act 181 of 1993, is amended to read:

"Section 51-1-60. The department may contract, be contracted with, use a common seal, and make and adopt regulations. No regulation may be promulgated affecting hunting and fishing except as provided in Section 51-3-145. The department may accept gifts and acquire by gift, purchase, or otherwise real estate and other property, but no real estate may be purchased or disposed of by the department except on approval of the State Budget and Control Board. The department shall keep accurate records showing in full the receipts and disbursements and the records must be open at any reasonable time to inspection by the public. The department shall submit annually to the General Assembly and the Budget and Control Board reports the board requires. The department shall have the following duties and responsibilities in addition to such other functions as may, from time to time, be assigned by legislative action or by the State Budget and Control Board:

(a) to promote, publicize, and advertise the state's tourist attractions;

(b) to promote the general health and welfare of the people of the State by developing and expanding new and existing recreational areas, including the existing State Park System;

(c) to develop a coordinated plan utilizing to best advantage the natural facilities and resources of the State as a tourist attraction, recognizing that the State has within its boundaries mountainous areas and coastal plains, each of unsurpassed beauty, which with the easy accessibility now existing and being provided, has the potential of attracting many visitors in all seasons to take advantage of the natural scenery, the outdoor sports, including hunting, fishing, and swimming, together with other recreational activities such as golfing, boating, and sightseeing;

(d) to include in its plan the preservation and perpetuation of our state's rich historical heritage by acquiring and owning, recognizing, marking and publicizing areas, sites, buildings, and other landmarks and items of national and statewide historical interest and significance to the history of our State. No area, site, building, or other landmark shall be acquired for its historical significance without the approval of the Commission of Director of the Department of Cultural and Informational Resources upon the recommendation of the Deputy Director of the Archives and History Division thereof.

(e) to use all available services of the several agencies in the management of timber and game and such agencies when requested by the


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director shall render such cooperation and assistance as may be necessary; provided, that the State Forestry Commission shall continue the forestry program authorized under the provisions of Section 48-23-270.

(f) to lease or convey portions of lands under its jurisdiction to municipalities and other political subdivisions charged with the responsibility of providing parks and recreation facilities; provided, that all such leases shall contain a clause to the effect that if such property ceases to be used as a recreation or park facility the lease shall be void and in the event of a conveyance the deed shall contain a clause providing that if such property ceases to be used as a recreation or park facility the title to such property shall revert to the department. All plans for the development of such lands shall be are subject to the approval of the department, and it shall retain the right to inspect such lands at such times as it considers necessary to determine if such the lands are being used for parks and recreation.

(g) to borrow from time to time from any source available such sums of money as the department at its discretion deems considers advisable at interest rates approved by the Budget and Control Board for the purposes of acquisition, construction, development, and maintenance of such lands and facilities as the director is empowered to operate and issue evidences of such indebtedness thereof in the form of notes or bonds as may be determined by the director. The department may secure any sums borrowed under the terms hereof of it by mortgage of any property or facilities owned by it and it may pledge any and all income from any of its properties or facilities. The State is in no manner liable for any debt incurred under the terms hereof of it but all such obligations shall must be met by the department out of moneys monies coming into its hands from the property and facilities so pledged;

(h) to enter into contracts with the United States Government, its various departments and agencies for the purpose of obtaining funds, property or any other purpose which will assist the department in carrying out the provisions for which it has been created;

(i) to allocate funds made available to the department, other than funds specifically allocated to it by legislative appropriation or bond authorization, for development and improvement of park properties in the state system and historic sites approved by the Director of the Department of Parks, Recreation and Tourism and the South Carolina Director of the Department of Cultural and Informational Resources upon recommendation of the deputy director of the Archives and History Commission Division thereof.


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The Department of Parks, Recreation and Tourism shall study and ascertain the state's present park, parkway, and outdoor recreational resources and facilities, the need for such resources and facilities, and the extent to which these needs are now being met. A survey shall must be included to determine the land suitable and desirable to be acquired as a part of the state park and outdoor recreational system, due consideration being given to the scenic, recreational, archaeological, and other special features attractive to out-of-state visitors and to the people of the State. The results of this survey and study should be reported to the Governor and the General Assembly at the earliest practicable time."

SECTION . Section 51-17-70 of the 1976 Code, as amended by Section 1282 of Act 181 of 1993, is amended to read:

"Section 51-17-70. The department shall act as the basic staff for the board of the department and the advisory board and shall have the following powers and duties:

1. The director shall select a member of his staff who shall be primarily responsible for the administration of the Heritage Trust Program.

2. The department shall supply such other staff and support services as the board of the department and the advisory board require to fulfill their duties and responsibilities under this chapter.

3. The department shall maintain a public record of any inventories or lists established under this chapter.

4. The department shall work with owners, both public and private, in the development of proposals for the dedication and recognition of natural and cultural areas and features as Heritage Preserves and Sites, and it shall keep the advisory board informed of the same in order that therefrom the advisory board may make recommendations to the board of the department as provided under this chapter.

5. The department shall consult with and work in cooperation with the Department of Archives and History Division of the Department of Cultural and Informational Resources, the State Archeologist, the Department of Parks, Recreation and Tourism and any other state, county, or local unit of government, or any private entity, or group which is or should be directly involved in the Heritage Trust Program as well as in any particular efforts to preserve or protect any specific area or feature under the provisions of this chapter. In all cases, the department shall attempt to avoid duplication of effort with other agencies and groups and shall have no mandatory authority hereunder to require action by any such body."


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SECTION . Section 51-17-80 of the 1976 Code, as amended by Section 1282 of Act 181 of 1993, is amended to read:

"Section 51-17-80. Upon recommendation of the advisory board and approval by the board of the department, any area or feature on the `Priority Areas and Features List' may be established as a Heritage Preserve through the process of dedication. In addition to the transfer of either the fee simple interest or a lesser interest therein such as an open space easement, the owner of any such area or feature must enter into a written `Dedication Agreement' with the department whereby any restrictions, conditions, permissive and nonpermissive uses of the area or feature involved are clearly stated. Once the necessary deed, easement, or the like has been filed along with the `Dedication Agreement' in the real estate records for the county in which the area or feature is located, the process of dedication shall be is complete and a Heritage Preserve shall have formally been formally established.

No area or feature of primarily cultural significance or character shall be is dedicated unless the Director of the Department of Cultural and Informational Resources upon the recommendation of the deputy director of the Archives and History Commission Division approves thereof of it. The following restrictions shall apply to all Heritage Preserves:

1. The primary dedication as a Heritage Preserve shall be is to preserve and protect the natural or cultural character of any area or feature so established. The board of the department and its agents shall in all cases maintain the essential character of any area or feature dedicated, and as such they are hereby declared to be at their highest, best and most important use for the public benefit. No Heritage Preserve shall be is taken for any other public purpose unless the approval of both the board of the department and the Governor has been obtained. In no case shall any Heritage Preserve be taken for any private use.

2. An acquisition by dedication shall must be in perpetuity.

3. In any case where an area or feature is dedicated as a Heritage Preserve through acceptance of less than the fee simple interest therein in it, no management of such property shall must be performed by state agencies or their employees and no public funds shall must be utilized in the upkeep or general maintenance of such the property; provided, in the case where public usage of such that area or feature is compatible and consistent with the natural character of the property and the owner is agreeable to allow such as defined under this chapter, reasonable costs of maintenance and management may be borne by the State.

4. No acquisition of any area or feature as a Heritage Preserve shall be is allowed whereby the department receives the fee simple interest in


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the property while the grantor or transferor retains the beneficial use or interests in the land except where total and complete public usage of the area or feature as allowed under this chapter is agreed to in the `Dedication Agreement'.

5. Within ninety days from the date of the completion of the dedication process by which an area or feature is established as a Heritage Preserve, or as soon thereafter as possible, the department shall recommend a management plan for the area or feature concerned. Such proposed plan shall include recommendations as to the uses and nonuses to which the property should be put, recommendations as to whether all or a part of the area or feature is deserving of increased protection through inclusion in the Heritage Trust, the projected cost of the management of the property, and recommendations as to whether or not a user fee would be appropriate. All state, federal, county, local, and private groups interested in the area or feature involved shall be are allowed to have input into the proposed management plan. The plan shall must be considered by the advisory board, and therefrom the advisory board shall propose to the board of the department an overall management plan for the area or feature concerned. Upon approval by the board of the department of a plan, the department or that agency or group authorized by the board of the department shall manage the Heritage Preserve in accordance therewith."

SECTION . Section 51-19-10 of the 1976 Code, as amended by Section 1283 of Act 181 of 1993, is further amended to read:

"Section 51-19-10. The Old Exchange Building Commission is created. It consists of nine members. Three members must be elected by the House of Representatives and Senate in joint assembly; two members must be elected by the Rebecca Motte Chapter of the Daughters of the American Revolution; two members, who must not be residents of Charleston County, must be elected by the South Carolina Society of the Daughters of the American Revolution; and the director of the Department of Parks, Recreation and Tourism and the chairman Director of the Department of Cultural and Informational Resources Archives and History or their respective designees serve ex officio with voting privileges. All elected members shall serve for terms of six years and until their successors are elected and qualify. The Attorney General shall give his aid, advice, and opinion upon questions of law submitted to him by the commission. If one of the seats of the commission becomes vacant, a successor must be elected or appointed in the same manner used to fill the seat. This successor shall serve the remainder of the unexpired term. If one of the three seats on the commission elected by the House of


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Representatives and Senate becomes vacant during the recess of the General Assembly, the Governor may fill the vacancy by appointment until an election by the House of Representatives and Senate in joint assembly at the next session."

SECTION . (A) Section 54-7-620(24) of the 1976 Code is amended to read:

"(24) `Museum Commission Division', `museum', `commission division', and `State Museum' means mean the South Carolina State Museum Commission Division of the Department of Cultural and Informational Resources authorized by this article as custodians of paleontological materials."

(B) Section 54-7-620(48) of the 1976 Code is amended to read:

"(48) `Undertaking' means an activity by the institute or `South Carolina State Museum Commission Division' which would otherwise require a license under this article. `Undertaking' does not include activities which, in the State Archaeologist's determination, must be conducted within sixty days in order to preserve submerged archaeological historic property or submerged paleontological property that is or may be of primary scientific value or of major archaeological, anthropological, or historic value and threatened with imminent destruction or substantial damage."

SECTION . Section 54-7-640 of the 1976 Code is amended to read:

"Section 54-7-640. (A) The custodian of submerged archaeological historic property and artifacts owned by the State or on state submerged lands is the South Carolina Institute of Archaeology and Anthropology. The South Carolina Institute of Archaeology and Anthropology may promulgate regulations as necessary to carry out its duties under this article.

(B) The custodian of all submerged paleontological material is the South Carolina State Museum Commission Division. The institute, after consultation with the South Carolina State Museum Commission Division, may promulgate regulations regarding submerged paleontological property as necessary for this purpose. For the purposes of this article, and where submerged paleontological property is involved, the institute shall consult with the South Carolina State Museum Division.

(C) The custodian of any other things of value not provided for in this section is the State Budget and Control Board which may promulgate regulations as necessary for this purpose."

SECTION . Section 57-23-210 of the 1976 Code, as amended by Section 1529 of Act 181 of 1993, is further amended to read:


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