H*3515(Rat #0541, Act #0457 of 1996)  General Bill, By Harrison and J.H. Hodges
 A Bill to establish an African-American History Monument to be erected on the
 State House Grounds, to create a Commission to select the design and location
 of the monument and perform certain other functions, to provide that this
 Commission shall also study the feasibility of establishing an
 African-American History Museum and shall make reports and recommendations in
 this regard to the State House Committee, and to provide for the date this
 Commission shall be dissolved.-amended title

   02/07/95  House  Introduced and read first time HJ-9
   02/07/95  House  Referred to Committee on Judiciary HJ-9
   03/29/95  House  Committee report: Favorable with amendment
                     Judiciary HJ-9
   04/04/95  House  Amended HJ-20
   04/04/95  House  Read second time HJ-20
   04/05/95  House  Read third time and sent to Senate HJ-15
   04/06/95  Senate Introduced and read first time SJ-15
   04/06/95  Senate Referred to Committee on Judiciary SJ-15
   05/24/95  Senate Committee report: Favorable with amendment
                     Judiciary SJ-23
   05/25/95  Senate Amended SJ-53
   05/25/95  Senate Read second time SJ-56
   05/29/95  Senate Read third time and returned to House with
                     amendments SJ-12
   05/31/95  House   Debate adjourned on Senate amendments HJ-49
   05/31/95  House  Debate adjourned on Senate amendments until
                     Thursday, June 1, 1995 HJ-141
   06/01/95  House  Senate amendment amended HJ-35
   06/01/95  House  Returned to Senate with amendments HJ-37
   06/01/95  Senate Non-concurrence in House amendment SJ-400
   06/01/95  House  House insists upon amendment and conference
                     committee appointed Reps. Reps. Jennings, J.
                     Young & Klauber HJ-87
   06/01/95  Senate Conference committee appointed Sens. Courtney,
                     Moore, Stilwell SJ-401
   06/13/96  House   Rep. Young-Brickell replaces Rep. Klauber on
                     conference committee HJ-20
   06/13/96  Senate  Sen. Jackson appointed to replace Sen. Stilwell SJ-19
   06/26/96  Senate  Conference report continued SJ-18
   06/27/96  House  Free conference powers granted HJ-75
   06/27/96  House  Free conference committee appointed Reps.
                     Jennings, J. Young & Young-Brickell HJ-75
   06/27/96  House  Free conference report received and adopted HJ-75
   06/27/96  Senate Free conference powers granted SJ-67
   06/27/96  Senate Free conference committee appointed Sens.
                     Courtney, Moore, Jackson SJ-67
   06/27/96  Senate Free conference report received and adopted SJ-67
   06/27/96  Senate Ordered enrolled for ratification SJ-74
   06/27/96         Ratified R 541
   06/27/96          ES 1
   07/03/96         Signed By Governor
   07/03/96         Effective date 07/03/96
   07/12/96         Copies available
   07/16/96         Act No. 457

AN ACT TO ESTABLISH AN AFRICAN-AMERICAN HISTORY MONUMENT TO BE ERECTED ON THE STATE HOUSE GROUNDS, TO CREATE A COMMISSION TO SELECT THE DESIGN AND LOCATION OF THE MONUMENT AND PERFORM CERTAIN OTHER FUNCTIONS, TO PROVIDE THAT THIS COMMISSION SHALL ALSO STUDY THE FEASIBILITY OF ESTABLISHING AN AFRICAN-AMERICAN HISTORY MUSEUM AND SHALL MAKE REPORTS AND RECOMMENDATIONS IN THIS REGARD TO THE STATE HOUSE COMMITTEE, AND TO PROVIDE FOR THE DATE THIS COMMISSION SHALL BE DISSOLVED.

Whereas, the State of South Carolina has, as a matter of state policy, erected various monuments on the State House grounds to honor the contributions of various individuals and groups to the state's history; and

Whereas, the State has recently reaffirmed this policy by requiring all portraits, flags, banners, monuments, statues, and plaques which are removed during the current State House Renovation Project to be returned to their original locations following completion of the project; and

Whereas, not one of the monuments and memorials recognizes the contributions and efforts of an African-American individual; and

Whereas, some official symbol should be placed that recognizes the special and unique experiences and contributions of African-Americans in this State; and

Whereas, the placement of a permanent monument on the State House grounds is the most visible and efficient means of official recognition.

Now, therefore,

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

African-American History Monument

SECTION 1. There is hereby established on the grounds of the State House an African-American History Monument. The design and location of the monument shall be determined by the commission appointed pursuant to Section 2 of this act. The commission shall make reasonable efforts to incorporate all eras of African-American history in the design. The monument shall be erected as soon as is reasonably possible after it is approved by the General Assembly by concurrent resolution and the State House Renovation Project is completed.

African-American History Monument Commission; African-American History Museum; dissolution of commission

SECTION 2. (A) An African-American History Monument Commission is created to determine the design of the monument and to determine the location of the monument on the State House grounds. The commission is empowered and directed to raise private funds and to receive gifts and grants to carry out the purpose for which it is created. The commission in this regard shall have the power to cause to be created a tax-exempt nonprofit corporation the purpose of which shall be to receive and disburse funds for the African-American History Monument. The staff of the State Budget and Control Board shall assist the commission with the preparation and maintenance of financial records for the purpose of ensuring proper accounting of the records. The financial records are public records for purposes of the Freedom of Information Act, except that the names of anonymous donors shall not be disclosed.

By April 1, 1997, the commission shall report the proposed design and location of the monument to the State House Committee for its approval. After action by the committee approving the design and location, the State House Committee shall cause to be introduced the concurrent resolution serving as the instrument of approval as provided in Section 1 of this act. The State shall ensure proper maintenance of the monument as is done for other historical monuments on the State House grounds.

Four members of the commission must be appointed by the President Pro Tempore of the Senate, four members must be appointed by the Speaker of the House of Representatives, and one member must be appointed by the Governor. Notwithstanding Section 8-13-770 of the 1976 Code, members of the General Assembly may be appointed to this commission. One of the members appointed by the President Pro Tempore must be a Senator and one of the members appointed by the Speaker must be a member of the House of Representatives.

The commission shall elect a chairman, vice chairman, and such other officers as it deems appropriate from among its membership. The senior senator of the commission shall call an organizational meeting for the purpose of electing officers and such other matters as may arise. Commission members are not entitled to receive the subsistence, mileage, and per diem otherwise provided by law for members of state boards, committees, and commissions.

(B) The commission also shall study the feasibility of establishing an African-American History Museum analogous to the Confederate Relic Room and make recommendations with respect to its findings on this subject to the State House Committee. This new museum shall collect and display historical artifacts and other items reflecting African-American history in this State. A preliminary report on this study must be made to the State House Committee no later than April 1, 1997, and a final report and recommendation on this study must be made by January 1, 2000.

(C) The commission established pursuant to this act is dissolved on January 1, 2000. However, the commission must be dissolved earlier if both the monument is dedicated and the final report is made before January 1, 2000, in which case the commission must be dissolved on the date of the later occurring event of the dedication of the monument or the receipt of the final report. If the African-American History Monument has not been dedicated by January 1, 2000, the powers, duties, and responsibilities of the African-American History Monument Commission shall be devolved upon the State House Committee.

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 3rd day of July, 1996.