H 4876 Session 110 (1993-1994)
H 4876 General Bill, By J.L. Harris, Boan, H. Brown, J.H. Hodges,
M.F. Jaskwhich, T.F. Rogers and Spearman
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
1-30-130 so as to devolve upon the Department of Cultural and Informational
Resources the powers and duties of the South Carolina Arts Museum, South
Carolina Museum Commission, State Library Board, Commission of Archives and
History, and Confederate Relic Room; to amend the 1976 Code by adding Chapter
17 in Title 60, relating to libraries, archives, museums, and arts, so as to
establish the South Carolina Department of Cultural and Informational
Resources and provide for its governance, functions, and divisions; to amend
Section 1-30-10, relating to departments of state government, so as to add the
Department of Cultural and Informational Resources; and to provide transition
provisions; and to repeal Chapters 1, 11, and 15 of Title 60 of the 1976 Code
and Article 1, Chapter 13 of Title 60 of the 1976 Code, relating to the
entities devolved upon the Department created by this Section.
03/03/94 House Introduced and read first time HJ-8
03/03/94 House Referred to Committee on Judiciary HJ-9
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING SECTION 1-30-130 SO AS TO DEVOLVE UPON THE
DEPARTMENT OF CULTURAL AND INFORMATIONAL
RESOURCES THE POWERS AND DUTIES OF THE SOUTH
CAROLINA ARTS MUSEUM, SOUTH CAROLINA MUSEUM
COMMISSION, STATE LIBRARY BOARD, COMMISSION OF
ARCHIVES AND HISTORY, AND CONFEDERATE RELIC ROOM;
TO AMEND THE 1976 CODE BY ADDING CHAPTER 17 IN TITLE
60, RELATING TO LIBRARIES, ARCHIVES, MUSEUMS, AND
ARTS, SO AS TO ESTABLISH THE SOUTH CAROLINA
DEPARTMENT OF CULTURAL AND INFORMATIONAL
RESOURCES AND PROVIDE FOR ITS GOVERNANCE,
FUNCTIONS, AND DIVISIONS; TO AMEND SECTION 1-30-10,
RELATING TO DEPARTMENTS OF STATE GOVERNMENT, SO
AS TO ADD THE DEPARTMENT OF CULTURAL AND
INFORMATIONAL RESOURCES; AND TO PROVIDE
TRANSITION PROVISIONS; AND TO REPEAL CHAPTERS 1, 11,
AND 15 OF TITLE 60 OF THE 1976 CODE AND ARTICLE 1,
CHAPTER 13 OF TITLE 60 OF THE 1976 CODE, RELATING TO
THE ENTITIES DEVOLVED UPON THE DEPARTMENT CREATED
BY THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-30-10(A) of the 1976 Code, as added by
Section 1, Act 181 of 1993, is amended by adding at the end:
"20. Department of Cultural and Informational
Resources".
SECTION 2. The 1976 Code is amended by adding:
"Section 1-30-130. Effective July 1, 1994, the following
agencies, boards, and commissions, including all of the allied, advisory,
affiliated, or related entities, as well as employees, funds, property, and
all contractual rights and obligations associated with any such agency
are transferred to, incorporated in, and must be administered as part of
the Department of Cultural and Informational Resources:
(1) South Carolina Arts Commission, formerly provided for in
Chapter 15 of Title 50;
(2) South Carolina Museum Commission, formerly provided for in
Article 1, Chapter 13, of Title 60;
(3) State Library Board, formerly provided for in Chapter 1, Title
60;
(4) Commission of Archives and History, formerly provided for in
Chapter 11, Title 60; and
(5) Confederate Relic Room."
SECTION 3. Title 60 of the 1976 Code is amended by adding:
"CHAPTER 17
South Carolina Department of
Cultural and Informational Resources
Article 1
General Provisions
Section 60-17-10. (A) The Department of Cultural and
Informational Resources is established as an administrative agency of
state government which is comprised of the following divisions:
(1) Arts Division;
(2) State Museum Division;
(3) Archives and History Division;
(4) State Library Division; and
(5) Confederate Relics Division.
Each division of the department has the functions and powers
provided by law.
(B) All functions, powers, and duties provided by law to the South
Carolina Arts Commission, South Carolina Museum Commission, South
Carolina Commission of Archives and History, the South Carolina State
Library Board, and the Confederate Relic Room and Museum are
transferred to the department together with all records, property,
personnel, and unexpended appropriations. All rules, regulations,
standards, orders, or other actions of these entities remain in effect
unless specifically changed or voided by the department in the manner
provided by law.
Section 60-17-20. (A) The Department of Cultural and
Informational Resources must be headed by a director appointed by the
Governor on the advice and consent of the Senate. The director is
vested with the duty and authority to oversee, manage, and control the
operation, administration, and organization of the department in the
manner provided by law. The director shall receive the compensation
established pursuant to Section 8-11-160 and for which funds are
appropriated in the annual general appropriations act. The director is
subject to removal by the Governor as provided in Section 1-3-240.
(B) The Director of the Department of Cultural and Informational
Resources may appoint a deputy director for each division of the
department. Each deputy director serves at the pleasure of the director
and is responsible to the director for the operation of programs outlined
by the director.
Article 3
Arts Division
Section 60-17-310. It is the policy of the State to join with private
patrons and with institutions and professional organizations concerned
with the arts to ensure that the role of the arts in the life of our
communities will continue to grow and play an ever more significant
part in the welfare and educational experience of our citizens. All
activities undertaken by the State in carrying out this policy must be
directed toward encouraging and assisting rather than limiting the
freedom of artistic expression that is essential for the well-being of the
arts.
Section 60-17-320. The duties of the division include, but are not
limited to:
(1) stimulate and encourage throughout the State the study and
presentation of the performing and fine arts and public interest and
participation therein;
(2) make such studies as may be considered advisable of public and
private institutions engaged within the State in artistic and cultural
activities including, but not limited to, music, theater, dance, painting,
sculpture, architecture and allied arts and crafts, and to make
recommendations concerning appropriate methods to encourage
participation in and appreciation of the arts to meet the legitimate needs
and aspirations of persons in all parts of the State;
(3) take such steps as may be necessary and appropriate to
encourage public interest in the cultural heritage of the State of South
Carolina and expand the state's cultural resources; and
(4) do such other things as may be necessary to carry out the
provisions of this article.
Section 60-17-330. The Department of Cultural and Informational
Resources, acting through its Arts Division, may hold public or private
hearings; enter into contracts, within the amount made available by
appropriation therefor, with individuals, organizations, and institutions
for services furthering the educational objectives of the division's
programs; enter into contracts, within the amount made available by
appropriation therefor, with local and regional associations for
cooperative endeavors furthering the educational objectives of the
division's programs; accept gifts, contributions, and bequests of an
unrestricted nature from individuals, foundations, corporations, and
other organizations or institutions for the purpose of furthering the
educational objectives of the division's programs; purchase and own
property, both real and personal; make and sign any agreements and to
do and perform any acts that may be necessary, desirable, or proper to
carry out the purposes of this article. The division may request and shall
receive from any department or agency of the State such assistance and
data as will enable it to carry out its power and duties.
Section 60-17-340. The Department of Cultural and Informational
Resources is the official agency of the State to receive and disburse any
funds made available by the federal government for programs related to
the creative and interpretive arts.
Article 5
State Museum Division
Section 60-17-610. The primary function of the State Museum
Division is the operation of a State Museum reflecting the history, fine
arts, and natural history and the scientific and industrial resources of the
State, mobilizing expert professional advice and guidance and utilizing
all available resources in the performance of this function.
Section 60-17-620. To carry out the functions of the State Museum
Division, the director of the Department of Cultural and Informational
Resources, acting through the State Museum Division, may:
(1) establish a plan for and operate the State Museum;
(2) make rules and promulgate regulations for the operation of the
museum;
(3) appoint a division deputy director and other staff members;
(4) control the expenditure as provided by law of public funds
appropriated to the division;
(5) accept gifts, bequests, and endowments for purposes consistent
with division objectives;
(6) report annually to the General Assembly of the receipts,
disbursements, work, and needs of the division; and
(7) adopt policies designed to fulfill the duties and attain the
division's objectives.
Article 7
Archives and History Division
Section 60-17-910. This article may be cited as the Archives Act.
Section 60-17-920. The objects and purposes of the Archives and
History Division are:
(1) the preservation and administration of those public records
formerly transferred to the custody of the Historical Commission and
those that may be transferred and accepted by the division in the future;
(2) the collection, by purchase or otherwise, of the originals, or
transcripts, of public records in other states or counties relating to South
Carolina;
(3) the preservation and administration of the private records
formerly in the custody of the Historical Commission and those that may
be added by deposit, gift, or purchase in the future;
(4) the editing and publication of documents, treatises, etc., relating
to the history of South Carolina;
(5) the stimulation of research, study, and other activity in the field
of South Carolina history, genealogy, and archaeology;
(6) the approval of the inscriptions for all historical markers or other
monuments erected on state highways or other state property;
(7) the improvement of standards for the making, care, and
administration of public records; and
(8) the performance of such acts and requirements as may be
enjoined by law.
Section 60-17-930. To implement this article, the Director of the
Department of Cultural and Informational Resources, acting through the
Archives and History Division, may:
(1) make rules and promulgate regulations for the administration of
the division;
(2) appoint a deputy director for the division and such other staff as
necessary;
(3) control the expenditure in accordance with law of such public
funds as may be appropriated to the department;
(4) accept gifts, bequests, and endowments for purposes consistent
with the objectives of the division;
(5) make annual reports to the General Assembly of the receipts,
disbursements, work, and needs of the division; and
(6) adopt policies designed to fulfill the duties and attain the
objectives of the division as established by law.
Section 60-17-940. The Archives and History Division may not
solicit private records, but if its services are necessary to safeguard the
records it may accept, either as a gift or deposit, collections offered by
their legal owners or custodians. All the papers must be open to
inspection and examination for the purpose of research in like manner
as are the public records. Neither the State nor the Archives and History
Division are responsible for the loss of private records accepted on
deposit.
Section 60-17-950. From time to time the Archives and History
Division shall assemble and publish information regarding paper, ink,
filing, binding, and any other matter that will be useful in improving the
standards of making, caring for, and administering public records. Upon
the request of any state or county official the director of the department
shall examine the records in his custody and make recommendations
regarding their preservation.
Section 60-17-960. The name of the State Archives Building is `The
South Carolina Archives'. It must be occupied by the Archives and
History Division and must be operated by it in fulfilling the duties now
assigned, or which may in the future be assigned, by the General
Assembly.
Section 60-17-970. The Archives and History Division may receive
and use funds from the county and municipal governments to microfilm
public records of permanent value both to the counties and
municipalities and the division, if the counties or municipalities do not
have archival quality microfilming capability or do have short term or
emergency requirements for archival quality filming which would not
justify purchase of such a system. The divisions's current filming of
county government records which have no security copies may be
continued as scheduled. The funds received from the counties and
municipalities must be used solely for the filming of county and
municipal government records for records management security and
research purposes. In order to provide the microfilm services requested
by the counties and municipalities, the division may use the funds to
lease or purchase equipment, purchase microfilm and microfilming
supplies, employ a microfilming team, and have film processed and
inspected to meet required standards of quality. Travel expenses
incurred by such program must be reimbursed from such funds at the
state-approved rate.
Article 9
State Library Division
Section 60-17-1210. There is created the South Carolina State
Library governed by the State Library Division of the Department of
Cultural and Informational Resources.
Section 60-17-1220. The Director of the Department of Cultural and
Informational Resources shall appoint the deputy director for the State
Library to serve as the administrative head of the State Library Division.
The deputy director shall:
(1) hold a degree from a graduate library school accredited by the
American Library Association and must be eligible for a South Carolina
professional librarian's certificate; and
(2) have at least ten years of library experience in increasingly
responsible professional positions, including at least four years in library
administration with demonstrated success in this area.
The director annually shall evaluate the performance of the deputy
director.
Section 60-17-1230. To implement this article, the Director of the
Department of Cultural and Informational Resources, acting through the
State Library Division:
(1) shall determine policy for providing library and information
services to state government, South Carolina libraries, and the citizens
of the State;
(2) shall develop and adopt long range plans for the continued
improvement of library services in the State;
(3) shall prescribe standards of service for South Carolina libraries
as may be necessary to carry out the provisions of this article;
(4) shall administer and distribute state and federal funds or grants
from public and private sources in accordance with law and board
regulations to county, state institutional, and other libraries in the State;
(5) shall promulgate regulations necessary for carrying out the
provisions of this article;
(6) may enter into contracts with any person or governmental entity
to provide, extend, improve, or coordinate library services or to
demonstrate appropriate programs of library services;
(7) may enter into interstate library compacts on behalf of the State
for the purpose of improving library services to the citizens of the State;
(8) shall recommend legislation to the members of the General
Assembly to achieve effective statewide library development;
(9) shall represent library interests and needs before state and local
officials and the legislature in order to obtain the financial support
necessary to provide quality library service;
(10) shall foster public awareness of the conditions of libraries in
South Carolina and of methods to improve library services to the citizens
of the State.
Section 60-17-1240. The deputy director of the State Library
Division is responsible to the director of the Department of Cultural and
Informational Resources for the management of the State Library and for
the development and coordination of a statewide program of library and
information services. The deputy director shall:
(1) organize, staff, and administer the State Library in accordance
with law and good library practice;
(2) recommend to the director policies and regulations necessary for
carrying out the provisions of this chapter and execute those adopted by
the director;
(3) prepare a budget for the approval of the director and administer
funds made available from any source for improvement of library
services, interlibrary cooperation, or resource sharing;
(4) provide advice and technical assistance to public and other
libraries, agencies of the State, political subdivisions, and planning
groups concerning library services and operations;
(5) carry out continuing studies of the information needs of the
citizens of the State and recommend services and programs to meet those
needs;
(6) encourage broad professional and community participation in
library planning and development;
(7) encourage and assist the efforts of libraries and local
governments to develop mutual and cooperative solutions to library and
information service problems;
(8) encourage every citizen of the State to fully utilize the state's
library resources and maintain the individual's right of access to those
resources.
Section 60-17-1250. The State Library Division is charged with the
development and extension of library services throughout the State. The
division is responsible for executing the library policy for the State and
shall:
(1) provide leadership and guidance for the planning and
coordinated development of adequate library service for the people of
the State;
(2) maintain appropriate collections of library materials in any
format considered necessary to supplement the collections of other
libraries in the State and to meet the research and informational needs of
the General Assembly, state officers and agencies, and state government
employees;
(3) increase the proficiency of library personnel through provision
of in-service and continuing education programs for library personnel
employed in the State;
(4) provide for the citizens of the State specialized library services
and materials not generally appropriate, economical, or available in
other libraries of the State;
(5) organize a system of depository libraries for state publications
to ensure that the publications are readily accessible to the citizens of the
State;
(6) serve as a depository for federal publications and coordinate a
state plan for federal documents depository libraries;
(7) collect, compile, and publish statistics and information
concerning the operation of libraries in the State and maintain a
clearinghouse of information, data, and materials in the field of library
and information science;
(8) coordinate library services of the State with other educational
agencies and services to increase effectiveness and reduce duplication; (9) carry out other activities authorized by state or federal law for
the development of library and information services.
Section 60-17-1260. The State Library Division shall provide
library and library research services to the General Assembly, state
officers and agencies, and state government employees.
Section 60-17-1270. The State Library Division shall provide
advice and assistance to public libraries, library boards, and county
governments in matters concerning the establishment, support,
operation, improvement, and coordination of library services. The
division may:
(1) provide a staff of consultants qualified to give advisory and
technical assistance to library directors and library boards;
(2) administer state aid and other grants-in-aid to supplement and
improve public library services and promulgate regulations as may be
necessary to insure effective and efficient use of grants;
(3) administer a certification program for public libraries and
librarians, establishing regulations and procedures for the
implementation of the program;
(4) carry out statewide programs and services which cannot be
effectively or economically provided by local libraries;
(5) plan and coordinate the provision of library services to groups
with special needs, including but not limited to the elderly, the
physically handicapped, the unemployed, the poor, the functionally
illiterate, and those persons who have cultural, social, or educational
disadvantages that prevent them from using library services designed for
persons without the disadvantages.
Section 60-17-1280. A public library which accepts state and
federal grants administered by the State Library Division may not use
the grants to replace local funding for the library. In order to qualify for
grants, libraries shall meet maintenance of effort requirements set by the
Department of Cultural and Informational Resources in accord with state
and federal regulations.
Section 60-17-1290. The services and resources of the State Library
Division and any public library receiving state and federal funds
administered by the State Library are free for use by all persons living
within South Carolina or the county or region served, except each public
library board may fix and each public library may collect reasonable fees
and service charges as the board considers necessary to offset the costs
of special library services. The division may charge fees for the cost of
on-line reference services and other nontraditional library services and
retain the fees to offset the cost of the services. A board may assess
fines, penalties, damages, or replacement costs for the loss of, damage
to, or failure to return any library property or material. The use of a
library is subject to regulations adopted by the library's board and the
board may extend use of the library to nonresidents upon terms and
conditions as it may prescribe.
Section 60-17-1300. The State Library Division shall render
encouragement, advice, and assistance for the establishment, operation,
and coordination of libraries of state institutions. The division may:
(1) provide a consultant qualified to give advisory and technical
assistance to institutional librarians and administrators;
(2) administer grants-in-aid from federal or other sources to
supplement library services in state institutions; and
(3) establish minimum standards for library service which take into
account the type of institution, the number of people served by the
institution, the availability of library services to the institutional
population, the qualification of personnel for staffing of a library, and
the institution's commitment to annual budgetary support for library
services.
Section 60-17-1310. The State Library Division shall provide
library service to the blind and physically handicapped readers in
cooperation with the United States Library of Congress. The division
shall provide books and other reading matter in recorded form, in braille,
in large type, or any other medium of reading used by the blind and
physically handicapped. To this end, the division may contract with the
appropriate federal agency or any library for the blind and physically
handicapped. Services must be rendered in accordance with applicable
federal regulations and consistent with the current standards and
guidelines for service for the Library of Congress National Library
Service for the Blind and Physically Handicapped.
Section 60-17-1320. The State Library Division shall promote
cooperation among governmental bodies, including but not limited to,
departments, agencies, institutions, boards, committees, and
commissions of the State and political subdivisions of the State,
including school districts, and among libraries of all types and shall
encourage the sharing of resources among libraries at all service levels.
None of the provisions of this article may be construed to interfere with
the authority of the governing boards of institutions of higher learning
or the governing boards of public, school, or special libraries.
Section 60-17-1330. The State Library Division shall plan, develop,
and operate a statewide library network to facilitate the sharing of
resources and information among South Carolina libraries and to make
resources and information more easily accessible to library users
anywhere in the State. To this end, the division may:
(1) recommend statewide priorities for interlibrary cooperation and
resource sharing;
(2) develop and publish a state plan for library network activities;
(3) promulgate policies, regulations, and guidelines consistent with
the provisions of this article;
(4) establish and operate a network computer system and
telecommunication systems which will expedite interlibrary loan,
reference, and referral;
(5) acquire or create computer programs and data bases and make
them available to libraries of the network;
(6) provide grants for networking activities and establish standards
under which libraries may be eligible for the grants;
(7) encourage public awareness of the need for interlibrary
cooperation and resource sharing;
(8) provide for state participation in and compatibility with regional,
national, or international library networks and systems which will
increase the quality of library service to the people of this State;
(9) encourage and assist the efforts of libraries and local
governments to develop mutual and cooperative solutions to library
service problems;
(10) establish a network advisory body made up of representatives of
the several network constituencies to advise and assist the division in
network planning and development.
Section 60-17-1340. The governing body of any library supported
by state, county, or municipal governments or by public school districts
may enter into agreements with the State Library Division for the
library's participation in the statewide library network and to enter into
cooperative agreements with other libraries for collection development,
resource sharing, and library services.
The deputy director for the State Library Division, subject to the
approval of the director of the Department of Cultural and Informational
Resources, has the power to enter into agreements with any library
located in the State, including private and federal libraries, to allow
participation in the state resource sharing network and for coordination
of the state library program with any library.
Section 60-17-1350. Every public, college, university, technical
college, and state institutional library shall make an annual statistical
report to the State Library Division in a form as may be prescribed by
the division. Reports must be made in a timely manner so that statistics
may be published in the department's annual report. The division may
require other reports as may be necessary from libraries receiving state
and federal grants or participating in the statewide library network.
Section 60-17-1360. The deputy director for the State Library
Division may do all things necessary and proper to cooperate fully with
the United States Department of Education or any other federal agency
in the administering of any funds appropriated for the payment of
salaries, books, periodicals, library supplies, or equipment, for the
construction of library buildings, for the maintenance of the expense of
public library services, for interlibrary cooperation, for library services
to state institutions, and for library services to the blind and physically
handicapped.
Article 11
Confederate Relics Division
Section 60-17-1610. All powers, duties, assets, liabilities, records,
personnel, unexpended appropriations, and properties of the Confederate
Relic Room and Museum are transferred to the control of the
Department of Cultural and Informational Resources to be incorporated
into a Confederate Relics Division. The division must be assigned such
functions and responsibilities as the director of the department may
prescribe including, but not limited to, those formerly exercised by the
Confederate Relic Room and Museum as it was formerly established.
Section 60-17-1620. The administration and management of the
division is committed to the deputy director."
SECTION 4. The provisions of Sections 1613, 1614, 1615, and 1616
of Act 181 of 1993 apply to the provisions of this section, mutatis
mutandis.
SECTION 5. Chapters 1, 11, and 15 of Title 60 of the 1976 Code are
repealed. Article 1, Chapter 13 of the 1976 Code is repealed.
SECTION 6. This act takes effect July 1, 1994.
-----XX----- |