H*4245 Session 109 (1991-1992)
H*4245(Rat #0639, Act #0503 of 1992) General Bill, By J.L. Harris, J.J. Bailey,
Boan, G.A. Brown, H. Brown, K.T. Burch, Carnell, C.D. Chamblee, J.L.M. Cromer,
Elliott, P.B. Harris, Harvin, J.H. Hodges, M.F. Jaskwhich, Jennings,
J.W. Johnson, H.H. Keyserling, Kirsh, L.M. Martin, J.G. Mattos, J.G. McAbee,
D.E. McTeer, Phillips, T.F. Rogers, I.K. Rudnick, Sharpe, E.C. Stoddard,
C.Y. Waites and Wilkins
A Bill to amend Title 60, Code of Laws of South Carolina, 1976, by adding
Chapter 12 so as to give authority to the Department of Archives and History
to identify, record, and evaluate all state-owned or leased facilities to
determine which of these facilities may be considered historically
significant, to require the Department to provide copies of the inventory to
departments, agencies, and institutions which have jurisdiction over the
buildings and sites listed, to authorize the Department of Archives and
History to institute a historic preservation review process for permanent
improvements and construction affecting historic properties or facilities, to
provide for exceptions, to provide that the State House Committee shall cause
the Department of Archives and History to review and comment on any proposal
for alterations or renovations to the State House or that area designated as
the Capitol Complex and provide that the policy and decisions of the State
House Committee, with regard to any proposal for or administration of, any
project or program for the maintenance, alteration, or renovation of the State
House or that area designated as the Capitol Complex is final; and to amend
Section 54-7-670, relating to a hobby license for the temporary search and
recovery of submerged archaeological historic property or submerged
paleontological property, so as to require the Institute of Archaeology and
Anthropology to release title within sixty days from the receipt of the
quarterly report to artifacts instead of specimens reported.-amended title
01/22/92 House Introduced and read first time HJ-8
01/22/92 House Referred to Committee on Education and Public
Works HJ-9
03/04/92 House Committee report: Favorable with amendment
Education and Public Works HJ-12
03/19/92 House Debate adjourned until Wednesday, March 25, 1992 HJ-34
03/25/92 House Amended HJ-28
03/25/92 House Read second time HJ-28
03/26/92 House Read third time and sent to Senate HJ-17
03/30/92 Senate Introduced and read first time SJ-9
03/30/92 Senate Referred to Committee on General SJ-9
05/05/92 Senate Committee report: Favorable with amendment
General SJ-11
05/14/92 Senate Amended SJ-192
05/14/92 Senate Read second time SJ-195
05/14/92 Senate Ordered to third reading with notice of
amendments SJ-195
05/28/92 Senate Amended SJ-19
05/28/92 Senate Read third time and returned to House with
amendments SJ-19
06/03/92 House Concurred in Senate amendment and enrolled HJ-114
06/04/92 Ratified R 639
07/01/92 Signed By Governor
07/01/92 Effective date 07/01/92
07/01/92 Act No. 503
07/01/92 See act for exception to or explanation of
effective date
07/15/92 Copies available
(A503, R639, H4245)
AN ACT TO AMEND TITLE 60, CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING CHAPTER 12 SO AS
TO GIVE AUTHORITY TO THE DEPARTMENT OF
ARCHIVES AND HISTORY TO IDENTIFY, RECORD, AND
EVALUATE ALL STATE-OWNED OR LEASED FACILITIES
TO DETERMINE WHICH OF THESE FACILITIES MAY BE
CONSIDERED HISTORICALLY SIGNIFICANT, TO
REQUIRE THE DEPARTMENT TO PROVIDE COPIES OF
THE INVENTORY TO DEPARTMENTS, AGENCIES, AND
INSTITUTIONS WHICH HAVE JURISDICTION OVER THE
BUILDINGS AND SITES LISTED, TO AUTHORIZE THE
DEPARTMENT OF ARCHIVES AND HISTORY TO
INSTITUTE A HISTORIC PRESERVATION REVIEW
PROCESS FOR PERMANENT IMPROVEMENTS AND
CONSTRUCTION AFFECTING HISTORIC PROPERTIES OR
FACILITIES, TO PROVIDE FOR EXCEPTIONS, TO PROVIDE
THAT THE STATE HOUSE COMMITTEE SHALL CAUSE
THE DEPARTMENT OF ARCHIVES AND HISTORY TO
REVIEW AND COMMENT ON ANY PROPOSAL FOR
ALTERATIONS OR RENOVATIONS TO THE STATE HOUSE
OR THAT AREA DESIGNATED AS THE CAPITOL
COMPLEX AND PROVIDE THAT THE POLICY AND
DECISIONS OF THE STATE HOUSE COMMITTEE, WITH
REGARD TO ANY PROPOSAL FOR OR ADMINISTRATION
OF, ANY PROJECT OR PROGRAM FOR THE
MAINTENANCE, ALTERATION, OR RENOVATION OF THE
STATE HOUSE OR THAT AREA DESIGNATED AS THE
CAPITOL COMPLEX IS FINAL; AND TO AMEND SECTION
54-7-670, RELATING TO A HOBBY LICENSE FOR THE
TEMPORARY SEARCH AND RECOVERY OF SUBMERGED
ARCHAEOLOGICAL HISTORIC PROPERTY OR
SUBMERGED PALEONTOLOGICAL PROPERTY, SO AS TO
REQUIRE THE INSTITUTE OF ARCHAEOLOGY AND
ANTHROPOLOGY TO RELEASE TITLE WITHIN SIXTY
DAYS FROM THE RECEIPT OF THE QUARTERLY REPORT
TO ARTIFACTS INSTEAD OF SPECIMENS REPORTED.
Whereas, the General Assembly of South Carolina recognizes the
value of historic properties to the people of South Carolina;
and
Whereas, the General Assembly of South Carolina desires to
encourage the preservation of the state's significant historic
properties; and
Whereas, the General Assembly of South Carolina wishes to
balance historic preservation with the needs of state agencies and
the citizens of this State. Now, therefore,
Be it enacted by the General Assembly of the State of South
Carolina:
Protection of state-owned or leased historic
properties
SECTION 1. Title 60 of the 1976 Code is amended by
adding:
"CHAPTER 12
Protection of State Owned
or Leased Historic Properties
Section 60-12-10. As used in this chapter:
(1) `Adverse effect' means an effect on a historic property,
including alteration, destruction, or demolition, that diminishes
the property's historic integrity.
(2) `Agency' means the state agency, department, foundation,
or institution that is responsible for or has jurisdiction over the
project or that has ownership or jurisdiction over the historic
property.
(3) `Department' means the Department of Archives and
History.
(4) `Historic properties' means those buildings, sites, objects,
structures, and districts that are listed in the National Register of
Historic Places.
(5) `Building' means a construction that was created to shelter
any form of human activity, including a house, barn, church, or
hotel.
(6) `Site' means a location of a significant event or a prehistoric
or historic occupation or activity, including cemeteries, prehistoric
village sites, and battlefields.
(7) `Object' means a construction that is primarily artistic in
nature or is relatively small in scale compared to a building or
structure. Although it may be, by nature or design, movable, an
object is associated with a specific setting or environment, such as
statuary in a designed landscape, including sculpture, monuments,
and fountains.
(8) `Structure' means those functional constructions made
usually for purposes other than creating shelter, including
firetowers, canals, bridges, palisade fortifications, and prehistoric
mounds.
(9) `Historic district' means a significant concentration of sites,
buildings, structures, or objects united historically or aesthetically
by plan or physical development and designated as such by law or
regulation of the department.
(10) `Minimize' means to lessen the adverse effect of a project
on a historic property. In the case of alterations, this may include
identifying and undertaking minimal change to the defining
characteristics of a historic property. In the case of destruction or
demolition of a historic property, this may include recording a
historic building, structure, or object, or excavation of an
archaeological site.
(11) `Qualified preservation professionals' means staff with
training, experience, and expertise in managing historic
properties. The requirement for training can be satisfied by an
undergraduate degree in architectural preservation or graduate
study in architectural preservation for staff with responsibility for
managing nonarchaeological properties or a graduate degree in
anthropology or archaeology for staff managing archaeological
sites. The requirement for training also can be satisfied by
specialized historic preservation training provided by the
department combined with a state certification of registration to
practice architecture, or a degree in architecture, architectural
history, history, or a related field. The department may certify an
individual who does not possess the educational requirements
specified by this item as a qualified preservation professional
where such individual has developed expertise in managing
historic properties through the practice of a craft or art.
(12) `State Board of Review' means the existing advisory group
that reviews nominations to the National Register of Historic
Places and which includes professionals representing the fields of
archaeology, architecture, architectural history, and history.
(13) `State Properties Committee' means a committee of the
State Board of Review, which will include at least three members
with at least one member representing the fields of architecture,
architectural history, archaeology, or related fields as
appropriate.
Section 60-12-20. This chapter applies to any agency that
owns or leases historic properties except as otherwise provided in
this chapter.
Section 60-12-30. Agencies shall consult with the department
when planning projects that might adversely affect those
properties listed in the National Register of Historic Places at the
time of consultation. Consultation may be accomplished in one of
three ways:
(1) The department shall negotiate a programmatic agreement
with each agency that has qualified preservation professionals in
charge of management of historic properties. The agency shall
agree to avoid or, when appropriate, minimize adverse effects to
historic properties under its jurisdiction. The agency shall then
assume responsibility for administering its own historic
preservation program. The agency's qualified preservation
professionals shall participate in continuing education provided by
the department at no charge.
(2) An agency that does not have qualified preservation
professionals in charge of the management of historic properties
may negotiate a programmatic agreement with the department for
covered projects that are similar and repetitive, projects involving
routine maintenance, or projects that will not significantly alter
the historical integrity of a property. The agency shall then
assume responsibility for carrying out the projects or types of
projects included in the programmatic agreement without having
to notify the department on a project-by-project basis.
(3) (a) Before an agency plans a project not covered by a
programmatic agreement, the agency shall submit documentation
describing the proposed project to the department. If the effect
will be adverse, the agency also must describe alternatives that
were considered to avoid or minimize adverse effects and the
reasons why any rejected alternatives were considered not to be
feasible or prudent.
(b) Within thirty days after receipt of the documentation
described above, the department shall review the documentation
and provide a written response to the agency. Before sending a
response recommending changes, the department shall confer with
the agency and attempt to negotiate a solution acceptable to both
parties.
(c) If the agency and the department cannot agree on the
effect of a project or measures that would avoid or minimize the
adverse effect of a project on historic properties, the agency may
request the recommendation of the State Properties
Committee.
(d) The State Properties Committee shall review the
documentation provided by the agency and the written opinion of
the department. The committee shall provide its written response
to the agency within thirty days after receipt of the request for
comment.
(e) If the agency does not accept the recommendations made
by the State Properties Committee, the agency may petition the
State Board of Review to review the documentation on the
project. The board shall provide its written decision to the agency
within thirty days after receipt of the petition for review.
(f) Proceedings under this chapter, including the certification
of individuals as qualified preservation professionals, are subject
to the provisions of Chapter 23 of Title 1 (Administrative
Procedures Act).
Section 60-12-40. Before implementation of this chapter, the
department shall provide each agency with a list of properties
owned or leased by the agency that are listed in the National
Register of Historic Places.
Section 60-12-50. The department shall provide technical
historic preservation training sessions at no cost for agency staff
involved with management of historic properties.
Section 60-12-60. The department shall provide periodic
reports of agencies' compliance with the intent and provisions of
this chapter to the Joint Legislative Committee on Cultural
Affairs.
Section 60-12-70. The department shall not initiate additional
nominations of state-owned or leased properties to the National
Register of Historic Places from passage of this chapter until after
June 30, 1995, without the written agreement of the agency that
owns, leases, or has jurisdiction over the property.
Section 60-12-80. This chapter does not apply to:
(1) Section 106 of the National Historic Preservation Act, as
amended. This includes any undertaking requiring federal
funding, licensing, or approval or any undertakings on federal
property.
(2) the provisions of Article 5, Chapter 7, Title 54 (South
Carolina Underwater Antiquities Act of 1991).
Section 60-12-90. Notwithstanding any provision of law to the
contrary, the State House Committee shall cause the Department
of Archives and History to review and comment on any proposal
for alterations or renovations to the State House or that area
designated as the capitol complex. The policy and decisions of
the State House Committee, with regard to any proposal for or the
administration of any project or program for the maintenance,
alteration or renovation of the State House or that area designated
as the capitol complex, shall be final."
Institute to release title
SECTION 2. Section 54-7-670(G)(3)(a) of the 1976 Code is
amended to read:
"(a) The institute shall review each list of objects and
within sixty days from the receipt of the quarterly report release
title to all artifacts reported."
Time effective
SECTION 3. Sections 60-12-40, 60-12-70, and 60-12-90 take
effect upon approval by the Governor. The remaining provisions
of this act take effect July 1, 1993.
Approved the 1st day of July, 1992. |