Current Status Bill Number:
1345Ratification Number: 373Act Number: 361Type of Legislation: General Bill GBIntroducing Body: SenateIntroduced Date: 19960409Primary Sponsor: McConnellAll Sponsors: McConnellDrafted Document Number: jud6081.gfmDate Bill Passed both Bodies: 19960509Governor's Action: SDate of Governor's Action: 19960516Subject: Hunley Commission project, Procurement Code provisions
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19960613 Act No. A361 ------ 19960516 Signed by Governor ------ 19960514 Ratified R373 House 19960509 Read third time, enrolled for ratification House 19960508 Read second time House 19960507 Debate adjourned until Wednesday, 19960508 House 19960501 Committee report: Favorable 25 HJ House 19960416 Introduced, read first time, 25 HJ referred to Committee Senate 19960411 Read third time, sent to House Senate 19960410 Read second time, unanimous consent for third reading on Thursday, 19960411 Senate 19960409 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
(A361, R373, S1345)
AN ACT TO AMEND SECTION 54-7-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT THE HUNLEY COMMISSION IS EXEMPT FROM THE STRICTURES OF THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE FOR PURPOSES OF THE HUNLEY PROJECT, AND TO PROVIDE THAT THE HUNLEY COMMISSION IS PROHIBITED FROM RELINQUISHING SOUTH CAROLINA'S CLAIM OF TITLE TO THE HUNLEY UNLESS PERPETUAL SITING OF THE SUBMARINE IN SOUTH CAROLINA IS ASSURED BY THE FEDERAL GOVERNMENT IN AN AGREEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Procurement Code exemption; agreements
SECTION 1. Section 54-7-100 of the 1976 Code, as added by Act 247 of 1996, is amended to read:
"Section 54-7-100. A committee of nine members `Hunley Commission' shall be appointed, 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. 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. Provided, inasmuch as actual locations or geographical coordinates of submerged archaeological historic properties are now exempt from disclosure as public records pursuant to Section 54-7-820(A), the geographical coordinates of the Hunley's location, regardless of the custodian, upon receipt from the Navy or receipt otherwise are expressly made exempt from disclosure pursuant to the Freedom of Information Act or any other law and no remedy for the disclosure of such coordinates exists pursuant to the Freedom of Information Act; and provided further, that with respect to the Hunley project, as described herein, the applicable duties and responsibilities contained in Article 5, Chapter 7 of this title shall be vested in the Hunley Commission; and provided further, that with respect to the Hunley project that the Hunley Commission shall be exempt from compliance with the provisions of Chapter 35 of Title 11. However, the committee may not negotiate any agreement which would result in the siting outside South Carolina of any remains, not claimed by direct descendants, found in the Hunley or which would relinquish South Carolina's claim of title to the Hunley unless perpetual siting of the submarine in South Carolina is assured by the federal government in the agreement.
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.
The committee members shall 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.
Approved the 16th day of May, 1996.