Current Status Introducing Body:House Bill Number:4876 Primary Sponsor:J. Harris Committee Number:25 Type of Legislation:GB Subject:Cultural and Informational Resources Department Residing Body:House Current Committee:Judiciary Computer Document Number:GJK/20555SD.94 Introduced Date:19940303 Last History Body:House Last History Date:19940303 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:J. Harris Boan Hodges H. Brown Spearman Rogers Jaskwhich Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4876 House 19940303 Introduced, read first time, 25
referred to Committee
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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:
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.
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.
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.
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.
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.
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.