South Carolina Legislature


 

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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.




Legislative Services Agency
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