H 4448 General Bill, By H.M. Hallman, Cooper, R.C. Fulmer, Limehouse, Quinn, 
Seithel, Whatley, Whipper and Young-Brickell

Similar(S 1014)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 54-7-100, so as to establish the Hunley Commission to negotiate with the
 United States government on behalf of the State of South Carolina concerning
 the submarine H. L. Hunley to ensure that the submarine and any human remains
 located in it remain in South Carolina in perpetuity and are displayed in an
 appropriate manner for the benefit of future generations.

   01/16/96  House  Introduced and read first time HJ-18
   01/16/96  House  Referred to Committee on Judiciary HJ-18

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 54-7-100, SO AS TO ESTABLISH THE HUNLEY COMMISSION TO NEGOTIATE WITH THE UNITED STATES GOVERNMENT ON BEHALF OF THE STATE OF SOUTH CAROLINA CONCERNING THE SUBMARINE H.L. HUNLEY TO ENSURE THAT THE SUBMARINE AND ANY HUMAN REMAINS LOCATED IN IT REMAIN IN SOUTH CAROLINA IN PERPETUITY AND ARE DISPLAYED IN AN APPROPRIATE MANNER FOR THE BENEFIT OF FUTURE GENERATIONS.

Whereas, the H. L. Hunley was commissioned by private investors and built in Mobile, Alabama, for use in the Civil War; and

Whereas, the Hunley torpedoed and destroyed on February 17, 1864, the USS Housatonic, a Union warship blockading Charleston Harbor, and that attack made the Hunley the first submarine in history to sink a warship; and

Whereas, the sinking of the USS Housatonic was the only such action in the Civil War; and

Whereas, the Hunley's achievement would not be repeated until the closing months of the First World War, and the Hunley's success launched the era of submarine warfare; and

Whereas, the Hunley and her crew disappeared off the coast of Charleston the night she sank the Housatonic, and nine gallant Confederate sailors went down with the submarine; and

Whereas, the Hunley is the single most important artifact in the history of submarine warfare, and has recently been discovered intact off the coast of Sullivan's Island, South Carolina; and

Whereas, the State of South Carolina desires to ensure that its ownership and control of this piece of Southern history, which is inextricably tied to South Carolina, is displayed in perpetuity in South Carolina in an appropriate manner for the benefit of future generations; and

Whereas, if subsequent events or proceedings should find and dictate that the State cannot legally assert ownership to this property, the State would want to pursue obtaining ownership from the entity found to own the ship, and if it is determined that ownership of the vessel belongs to the Department of the Navy, the State requests transfer of ownership to the State; and

Whereas, under federal and state law, the State of South Carolina has a good faith claim of title to the Hunley, the members of the General Assembly hereby memorialize the United States Congress to direct the United States Department of the Navy to transfer any interest they may have in the wreckage of the H.L. Hunley to the State of South Carolina for enshrinement at an appropriate site in South Carolina. Now, therefore,

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

SECTION 1. The 1976 Code is amended by adding:

"Section 54-7-100. (A) A committee of nine members must be appointed to the `Hunley Commission', 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 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.

(B) 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. However, the committee may not negotiate any agreement which would relinquish South Carolina's claim of title to the Hunley or which would result in the siting outside South Carolina of the Hunley or any remains, not claimed by direct descendants, found in it.

(C) 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.

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

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