Indicates Matter Stricken

Indicates New Matter

 

Amended

April 14, 2026

 

S. 508

 

Introduced by Senators Verdin, Goldfinch, Martin, Peeler, Bennett, Young, Blackmon, Kimbrell, Zell, Nutt, Fernandez, Alexander, Turner, Adams, Leber, Corbin, Grooms, Hembree, Rice, Massey, Garrett, Chaplin, Cromer, Johnson, Gambrell, Kennedy, Davis, Climer, Campsen, Reichenbach, Bright and Cash

 

S. Printed 4/14/26--S.

Read the first time March 27, 2025

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 10-1-165, RELATING TO THE PROTECTION OF CERTAIN MONUMENTS AND MEMORIALS, SO AS TO EXPAND THE TYPE OF MONUMENTS OR MEMORIALS THAT MAY NOT BE RELOCATED, REMOVED, OR DISTURBED, TO WITHHOLD DISBURSEMENTS FROM THE LOCAL GOVERNMENT FUND FOR ANY COUNTY OR MUNICIPALITY THAT VIOLATES THIS SECTION, TO PROVIDE FOR THE CARE AND PRESERVATION OF MONUMENTS AND MEMORIALS BY CERTAIN PEOPLE OR ORGANIZATIONS, TO PROVIDE STANDING TO CERTAIN PEOPLE OR ORGANIZATIONS TO BRING A CIVIL ACTION IN RESPONSE TO A VIOLATION OF THIS SECTION OR TO PREVENT SUCH VIOLATION, AND TO PROVIDE FOR LIMITATIONS ON THE TRANSFER OF REAL PROPERTY UNDERNEATH A MONUMENT OR MEMORIAL OR THE TRANSFER OF REAL PROPERTY NECESSARY TO MAINTAIN, ACCESS, OR VIEW A MONUMENT OR MEMORIAL.

    Amend Title To Conform

 

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

 

SECTION 1.  The General Assembly finds that those who lived through a historical event possess a firsthand understanding that later observers can study but never fully replicate. Accounts written by people who experienced the event-or who lived closer to the time period-carry the texture of context, language, and lived reality that inevitably fades with time. The nearer a person stands in time to the event, the more likely their description reflects the conditions, perceptions, and meanings as they were actually understood when they occurred.

 

SECTION 2.  Section 10-1-165 of the S.C. Code is amended to read:

 

    Section 10-1-165.  (A) For the purposes of this section:

       (1) "Affinity organization" means a non-profit organization registered with the Secretary of State that was established for the purpose of, primary or otherwise, honoring a particular event, people, or time period, including, but not limited to, historic or heritage organizations that have a clearly demonstrable record of these actions.

       (2) "Historic figure" means a deceased person recognized in historical records, scholarship, or public commemoration as having played a significant role in past events or developments of public importance.

       (3) "Monument preservation organization" means a non-profit organization registered with the Secretary of State that was established solely, or in part, for the preservation, defense, or protection of monuments and memorials that has a clearly demonstrable record of these actions.

    (B) No colonial war, Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, any armed conflict involving South Carolinians, Native American, or African- American History, or other historic monuments or memorials erected on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, or altered. No street, bridge, structure, park, preserve, reserve, installation, nameplate, or other public area of the State or any of its political subdivisions dedicated in memory of or named for any historic figure, or historic group of people, historic event, or commemorated event may be renamed or rededicated. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments, memorials, or nameplates.

    (C) The prohibition on disturbing or altering a monument or memorial contained in this section includes affixing to or placing on or near a monument or memorial, or the public property upon which the monument or memorial is located, plaques, markers, anything that facilitates the transmission of messages through digital or electronic means, or other messages or message delivery devices or platforms that are related to the monument or memorial but are not original to the monument or memorial.

    (B)(D) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.In order to relocate, remove, disturb, or alter a monument or memorial or to rename or rededicate a street, bridge, structure, park, preserve, reserve, installation, nameplate or other public area of the State or any its political subdivisions dedicated in memory of or named for any historic figure, historic group of people, historic event, or commemorated event, the General Assembly must enact a joint resolution directing the action to be taken.

    (E) It is not a violation of subsection (B) if a monument or memorial to a dedicated class of people whose names are inscribed on the monument or memorial is altered to include additional names of members of the class who were not known to be or had not qualified as a member of the class at the time that the monument or memorial was first erected.

    (F)(1) An affinity organization or monument preservation organization shall have a right to bring a civil action, to prevent or redress a violation of this section, including injunctive relief, declaratory relief, and the recovery of damages, for the cost of restoration and repair of any damaged or destroyed monument or memorial, including attorney's fees and court costs.

       (2) An alleged violation of this section:

           (a) related to a particular event, people, or time period honored by an affinity organization that is raised by the affinity organization in a civil complaint concerning the alleged violation constitutes concrete and particularized harm for the purposes of the affinity organization's standing to bring the civil action; or

           (b) that is raised by a monument preservation organization constitutes concrete and particularized harm incurred by the monument preservation organization for the purposes of the monument preservation organization's standing to bring the civil action.

    (G) If the real property upon which a monument or memorial is erected is sold or transferred to a private entity, then as soon as practicable after the sale or transfer is completed the monument or memorial shall be relocated only to an area on public property of equal or greater prominence and visibility within the same political subdivision.

    (H)(1) If necessary for public utility-related infrastructure improvements, the construction of a new government structure, or the expansion or renovation of an existing government structure, then a monument or memorial may be relocated only to an area on public property of equal or greater prominence and visibility within the same political subdivision or removed temporarily during the construction project and relocated to its original location as soon as practicable after the project's completion.

       (2) A government structure named or dedicated for a historic figure, historic group of people, historic event, or commemorated event may be demolished at the direction of the public body with control over the structure. Any plaque, marker, or other tangible item located within the building that falls within the protections contained in subsection (B) must be removed from the structure prior to its demolition. If the demolished structure is replaced with a new one, then the plaques, markers, or other tangible items must be placed within the new structure in a place of equal or greater prominence and visibility. If the demolished structure is not replaced with a new one, then the public body must display the plaques, markers, or other tangible items removed from the demolished structure in another location of equal or greater prominence and visibility.

    (I) The provisions of this section do not apply to a governmental entity when it temporarily relocates or removes a monument or memorial, including road dedication signs pursuant to Section 57-3-610, if the current location of the monument or memorial conflicts with a highway, bridge, roadway maintenance, or construction project. However, as soon as practicable after the project's completion, the monument or memorial shall be returned to its original location or placed in a location in close proximity to its original location.

    (J) The Department of Archives and History shall promulgate regulations to establish a process for affinity organizations, monument preservation organizations, public bodies, or other custodians to maintain monuments and memorials, as well as restore and replace monuments and memorials that have been damaged or destroyed.

 

SECTION 3.  If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

 

SECTION 4.  This act takes effect upon approval by the Governor.

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