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COMMITTEE REPORT
May 15, 2008
S. 991
S. Printed 5/15/08--H.
Read the first time March 11, 2008.
To whom was referred a Bill (S. 991) to amend the Code of Laws of South Carolina, 1976, by adding Section 60-11-120, so as to provide for the disposition of duplicative archival material by, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
ROBERT E. WALKER for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 60-11-120, SO AS TO PROVIDE FOR THE DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL BY THE SOUTH CAROLINA COMMISSION OF ARCHIVES AND HISTORY; AND TO REPEAL SECTION 59-103-200, RELATING TO DISPOSITION OF DUPLICATIVE ARCHIVAL MATERIAL, THAT WAS ERRONEOUSLY CODIFIED UNDER THE COMMISSION OF HIGHER EDUCATION INSTEAD OF THE COMMISSION OF ARCHIVES AND HISTORY.
Whereas, Part III of Act No. 356, the Budget Proviso Codification Act of 2002, codified a proviso pertaining to the Department of Archives and History under the title and chapter concerning the Commission on Higher Education; and
Whereas, Part III of Act No. 356, the Budget Proviso Codification Act of 2002, is clearly labeled "Department of Archives and History"; and
Whereas, through this legislation, the General Assembly intends to clarify that the provision refers to the Commission of Archives and History instead of the Commission on Higher Education by repealing the existing section and placing its text in a corrected code citation in the title and chapter that relates to the Department of Archives and History. 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 60-11-120. Upon approval by the commission, the agency may remove certain record and nonrecord materials from its collections by gift to another public or nonprofit institution or by sale at public auction. This is a supplemental form of disposition beyond that recognized in the Public Records Act for the retention, copying, and destruction of public records, and it pertains only to those accessioned archives materials having a market value and which duplicate existing archival material, fall outside the scope of the archives collection policy, or have no further possible research value. All funds realized through sale by public auction must be placed in a special account to be used for improved access to and preservation of the state archives collections. The commission shall annually report to the Budget and Control Board regarding these dispositions."
SECTION 2. Section 59-103-200 of the 1976 Code is repealed.
SECTION 3. This act takes effect upon approval by the Governor.
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