South Carolina Legislature


 

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S*156
Session 120 (2013-2014) 

S*0156(Rat #0001, Act #0001 of 2013)  General Bill, By Courson, O'Dell and 
Verdin
 AN ACT TO AMEND SECTION 54-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE HUNLEY COMMISSION, INCLUDING ITS MEMBERS AND DUTIES, SO
 AS TO PROVIDE THAT AN ADDITIONAL MEMBER OF THE COMMISSION SHALL BE THE
 LIEUTENANT GOVERNOR TO SERVE EX OFFICIO, OR HIS DESIGNEE. - ratified title

   01/08/13  Senate Introduced and read first time
                     (Senate Journal-page 103)
   01/08/13  Senate Referred to Committee on Transportation
                     (Senate Journal-page 103)
   01/09/13  Senate Recalled from Committee on Transportation
                     (Senate Journal-page 2)
   01/10/13  Senate Read second time (Senate Journal-page 39)
   01/10/13  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 39)
   01/15/13  Senate Read third time and sent to House
                     (Senate Journal-page 12)
   01/16/13  House  Introduced and read first time (House Journal-page 17)
   01/16/13  House  Referred to Committee on Judiciary
                     (House Journal-page 17)
   01/16/13  House  Recalled from Committee on Judiciary
                     (House Journal-page 24)
   01/17/13  House  Read second time (House Journal-page 17)
   01/17/13  House  Roll call Yeas-115  Nays-0 (House Journal-page 18)
   01/17/13  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 19)
   01/18/13  House  Read third time and enrolled (House Journal-page 1)
   01/22/13         Ratified R 1
   01/23/13         Signed By Governor
   01/25/13         Effective date 01/23/13
   02/06/13         Act No. 1



VERSIONS OF THIS BILL

1/8/2013
1/9/2013
1/16/2013



S. 156

(A1, R1, S156)

AN ACT TO AMEND SECTION 54-7-100, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HUNLEY COMMISSION, INCLUDING ITS MEMBERS AND DUTIES, SO AS TO PROVIDE THAT AN ADDITIONAL MEMBER OF THE COMMISSION SHALL BE THE LIEUTENANT GOVERNOR TO SERVE EX OFFICIO, OR HIS DESIGNEE.

Be it enacted by the General Assembly of the State of South Carolina:

Member added

SECTION    1.    Section 54-7-100 of the 1976 Code, as last amended by Act 361 of 1996, is further amended to read:

"Section 54-7-100.    A committee of ten members of the 'Hunley Commission' shall be appointed, three of whom must be members of the House of Representatives to be appointed by the Speaker, three of whom must be members of the Senate to be appointed by the President Pro Tempore, and three members to be appointed by the Governor. The tenth member of the commission shall be the Lieutenant Governor to serve ex officio, or his designee. The committee shall make a study of the law regarding the rights to the salvage of the Hunley and any claim that a person or entity may assert with regard to ownership or control of the vessel. The committee is authorized to negotiate with appropriate representatives of the United States government concerning the recovery, curation, siting, and exhibition of the H.L. Hunley. Provided, inasmuch as actual locations or geographical coordinates of submerged archaeological historic properties are now exempt from disclosure as public records pursuant to Section 54-7-820(A), the geographical coordinates of the Hunley's location, regardless of the custodian, upon receipt from the Navy or receipt otherwise are expressly made exempt from disclosure pursuant to the Freedom of Information Act or any other law and no remedy for the disclosure of such coordinates exists pursuant to the Freedom of Information Act; and provided further, that with respect to the Hunley project, as described herein, the applicable duties and responsibilities contained in Article 5, Chapter 7 of this title shall be vested in the Hunley Commission; and provided further, that with respect to the Hunley project that the Hunley Commission shall be exempt from compliance with the provisions of Chapter 35, Title 11. However, the committee may not negotiate any agreement which would result in the siting outside South Carolina of any remains, not claimed by direct descendants, found in the Hunley or which would relinquish South Carolina's claim of title to the Hunley unless perpetual siting of the submarine in South Carolina is assured by the federal government in the agreement.

The committee shall make recommendations regarding the appropriate method of preservation of this historic vessel and is also authorized to direct the Attorney General on behalf of South Carolina to take appropriate steps to enforce and protect the rights of the State of South Carolina to the salvage of the Hunley and to defend the State against claims regarding this vessel. The committee shall submit a recommendation for an appropriate site in South Carolina for the permanent display and exhibition of the H.L. Hunley to the General Assembly for its review and approval.

The committee members shall not receive the subsistence, mileage, and per diem as may be provided by law for members of boards, committees, and commissions."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor.

Ratified the 22nd day of January, 2013.

Approved the 23rd day of January, 2013.

__________




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