South Carolina General Assembly
115th Session, 2003-2004

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Bill 426


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Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-43-45 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON WHO OWNS PROPERTY ON WHICH AN AFRICAN AMERICAN CEMETERY THAT HAS BEEN DESIGNATED AS HISTORIC BY THE DEPARTMENT OF ARCHIVES AND HISTORY IS SITUATED TO REMOVE OR DISTURB THE GRAVES, OR DEVELOP THE LAND, AND TO PROVIDE A PENALTY.

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

SECTION    1.    The 1976 Code is amended by adding:

"Section 27-43-45.    It is unlawful for a person who owns property on which an African American cemetery designated as historic by the Department of Archives and History is situated to remove or disturb its graves or develop the property. A person who violates this provision is guilty of a misdemeanor and, upon conviction, must be sentenced to not more than two years in prison."

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

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